A01986 Summary:

BILL NOA01986
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSRGalef, Graf, Mosley, McDonough
 
MLTSPNSRArroyo, Robinson
 
Amd S70.80, Pen L
 
Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime.
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A01986 Actions:

BILL NOA01986
 
01/13/2015referred to codes
01/06/2016referred to codes
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A01986 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1986
 
SPONSOR: Abinanti (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to restricting the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prohibit convicted felony sex offenders or violent sex offenders, as defined in the penal law, from using the internet to access social networking sites during incarceration if such convicted offender utilized a computer or the internet in the planning or execution of such offense.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 70.80 of the penal law by adding a new subdivision 10 to provide that whenever an offender convicted of a felony sex offense or violent felony sex offense, as defined in para- graph (a)(1) and (a)(2) of this section, utilized a computer or the internet in the planning or execution of the offense, the court shall require, as a mandatory condition of the sentence, that such sentenced offender be prohibited from using the internet to access pornographic material, access a commercial social networking website, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with any person under the age of eighteen when such offender is over the age of eighteen, provided that the court may permit such an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communication with such child. "Commercial Social Networking Website" is defined as any business, organization or other entity operating a website that permits persons under eighteen of years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may create web pages or profiles available to the public or to other users, engage in direct or real time communi- cation with other users, such as a chat room or instant messenger, and communicate with persons over eighteen years of age, provided however, that for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not specified in this subdivision. Section 2 is the effective date.   JUSTIFICATION: With the advancement in technology sexual predators have expanded their ability to contact and deceive their victims. The use of e-mail, chat- rooms, and more recently, social networking sites has given sexual pred- ators easy access to hundreds of thousand people, including minors. This legislation will restrict a convicted felony sex offender or violent sex offender from utilizing any social network site during incarceration if they used a computer or the internet to commit the sexual offense. A convicted felony sex offender should not be provided access to web sites that they used to commit the crime that they are serving time for. This bill will permit a convicted felony sex offender or violent felony sex offender to use a computer and access the internet to engage in other activities not specified in this bill, including to perform research or other tasks associated with such person's legal defense or to participate in an approved education program or class.   LEGISLATIVE HISTORY: 2013-14: A.65355 referred to codes; same as S.2559 passed Senate   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
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A01986 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1986
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ABINANTI,  GALEF, GRAF, MOSLEY, McDONOUGH --
          Multi-Sponsored by -- M.   of A. ARROYO, ROBINSON  --  read  once  and
          referred to the Committee on Codes
 
        AN  ACT  to amend the penal law, in relation to restricting the right of
          an offender to use a computer in prison or access the internet if such
          offender has been convicted of certain sex offenses and used a comput-
          er in connection with the planning or execution of his or her crime
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 70.80 of the penal law is amended by adding a new
     2  subdivision 10 to read as follows:
     3    10. Whenever an offender convicted of a felony sex offense, as defined
     4  in paragraph (a) of subdivision one of this section, or a violent felony
     5  sex offense, as defined in paragraph (b)  of  subdivision  one  of  this
     6  section,  utilized  a  computer  or  the  internet  in  the  planning or
     7  execution of such offense, the court shall require, as mandatory  condi-
     8  tions  of the sentence therefor, that such sentenced offender be prohib-
     9  ited from using the internet to access pornographic material,  access  a
    10  commercial social networking website, communicate with other individuals
    11  or  groups  for  the  purpose of promoting sexual relations with persons
    12  under the age of eighteen, and communicate with any person under the age
    13  of eighteen when such offender is over the  age  of  eighteen,  provided
    14  that the court may permit such an offender to use the internet to commu-
    15  nicate with a person under the age of eighteen when such offender is the
    16  parent of a minor child and is not otherwise prohibited from communicat-
    17  ing  with  such child. As used in this subdivision, a "commercial social
    18  networking website" shall mean any business, organization or other enti-
    19  ty operating a website that permits persons under eighteen years of  age
    20  to  be  registered  users  for  the  purpose  of  establishing  personal
    21  relationships with other users, where such persons under eighteen  years
    22  of  age  may  (a)  create web pages or profiles that provide information
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06010-01-5

        A. 1986                             2
 
     1  about themselves where such web pages or profiles are available  to  the
     2  public  or  to  other  users; (b) engage in direct or real time communi-
     3  cation with other users, such as a chat room or instant  messenger;  and
     4  (c)  communicate  with  persons  over  eighteen  years of age; provided,
     5  however, that, for purposes of this  subdivision,  a  commercial  social
     6  networking  website  shall  not  include a website that permits users to
     7  engage in such other activities as are not specified  in  this  subdivi-
     8  sion.
     9    §  2.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.
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