Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a child care provider, preschool or any facility where pre-kindergarten or kindergarten instruction is provided.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5028
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the executive law and the penal law, in relation to
prohibiting certain convicted sex offenders from knowingly being within
1,000 feet of a child care provider, a preschool or any place where
pre-kindergarten or kindergarten instruction is provided
PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit convicted level 3 sex offenders and those clas-
sified as a level 2 offender whose victim was under eighteen, from know-
ingly be within 1,000 feet of places where young children congregate,
specifically child daycares, preschools, and kindergartens
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 14 of section 259-c of the Executive Law
to prohibit level 3 sex offenders and certain level 2 second offenders
from knowingly entering or being within 1,000 feet of a childcare
provider, preschool, or any facility or institution where pre-kindergar-
ten or kindergarten instruction is provided.
Section two amends section 65,10 of the Penal Law to conform mandatory
sentencing provisions to the new restrictions set out in this act.
Section three sets forth the effective date which is on the first of
July next succeeding the date on which it shall have become law.
JUSTIFICATION:
Under existing law, certain classifications of sex offenders are not
prohibited from refraining to enter or be near places with young chil-
dren, including daycare's, kindergartens, and preschools. This legis-
lation will address this shortcoming of existing law, prohibiting level
3 sex offenders and level 2 sex offenders whose victim was under eigh-
teen years old from entering or being within 1,000 feet of daycares,
preschools, and places where pre-kindergarten or kindergarten instruc-
tion is provided.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A5938 - Referred to Assembly Correction Committee S4891 -
Referred to Senate Codes Committee
2023-2024: A3692 - Referred to Assembly Correction Committee S436 -
Referred to Senate Codes Committee
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law
STATE OF NEW YORK
________________________________________________________________________
5028
2025-2026 Regular Sessions
IN ASSEMBLY
February 11, 2025
___________
Introduced by M. of A. JACOBSON, BRABENEC, WALSH, RAGA, EACHUS -- read
once and referred to the Committee on Correction
AN ACT to amend the executive law and the penal law, in relation to
prohibiting certain convicted sex offenders from knowingly being with-
in 1,000 feet of a child care provider, a preschool or any place where
pre-kindergarten or kindergarten instruction is provided
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 14 of section 259-c of the executive law, as
2 amended by section 38-b of subpart A of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 14. notwithstanding any other provision of law to the contrary, where
5 a person serving a sentence for an offense defined in article one
6 hundred thirty, one hundred thirty-five or two hundred sixty-three of
7 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
8 the victim of such offense was under the age of eighteen at the time of
9 such offense or such person has been designated a level three sex offen-
10 der pursuant to subdivision six of section one hundred sixty-eight-l of
11 the correction law, is released on parole or conditionally released
12 pursuant to subdivision one or two of this section, the board shall
13 require, as a mandatory condition of such release, that such sentenced
14 offender shall refrain from knowingly entering into or upon any school
15 grounds, as that term is defined in subdivision fourteen of section
16 220.00 of the penal law, or within one thousand feet of a child care
17 provider, a preschool, or any facility or institution where pre-kinder-
18 garten or kindergarten instruction is provided, or any other facility or
19 institution primarily used for the care or treatment of persons under
20 the age of eighteen while one or more of such persons under the age of
21 eighteen are present, provided however, that when such sentenced offen-
22 der is a registered student or participant or an employee of such facil-
23 ity or institution or entity contracting therewith or has a family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03355-01-5
A. 5028 2
1 member enrolled in such facility or institution, such sentenced offender
2 may, with the written authorization of [his or her] the sentenced
3 offender's parole officer and the superintendent or chief administrator
4 of such facility, institution or grounds, enter such facility, institu-
5 tion or upon such grounds for the limited purposes authorized by the
6 parole officer and superintendent or chief officer. Nothing in this
7 subdivision shall be construed as restricting any lawful condition of
8 supervision that may be imposed on such sentenced offender.
9 § 2. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
10 law, as amended by chapter 67 of the laws of 2008, is amended to read as
11 follows:
12 (a) When imposing a sentence of probation or conditional discharge
13 upon a person convicted of an offense defined in article one hundred
14 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
15 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
16 of such offense was under the age of eighteen at the time of such
17 offense or such person has been designated a level three sex offender
18 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
19 of the correction law, the court shall require, as a mandatory condition
20 of such sentence, that such sentenced offender shall refrain from know-
21 ingly entering into or upon any school grounds, as that term is defined
22 in subdivision fourteen of section 220.00 of this chapter, or within one
23 thousand feet of a child care provider, a preschool, or any facility or
24 institution where pre-kindergarten or kindergarten instruction is
25 provided, or any other facility or institution primarily used for the
26 care or treatment of persons under the age of eighteen while one or more
27 of such persons under the age of eighteen are present, provided however,
28 that when such sentenced offender is a registered student or participant
29 or an employee of such facility or institution or entity contracting
30 therewith or has a family member enrolled in such facility or institu-
31 tion, such sentenced offender may, with the written authorization of
32 [his or her] the sentenced offender's probation officer or the court and
33 the superintendent or chief administrator of such facility, institution
34 or grounds, enter such facility, institution or upon such grounds for
35 the limited purposes authorized by the probation officer or the court
36 and superintendent or chief officer. Nothing in this subdivision shall
37 be construed as restricting any lawful condition of supervision that may
38 be imposed on such sentenced offender.
39 § 3. This act shall take effect on the first of July next succeeding
40 the date on which it shall have become a law.
