A01986 Summary:

BILL NO    A01986 

SAME AS    No same as 

SPONSOR    Abinanti (MS)

COSPNSR    Galef, Graf, Mosley, McDonough

MLTSPNSR   Arroyo, 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 NO    A01986 

01/13/2015 referred to codes
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A01986 Votes:

There are no votes for this bill in this legislative session.
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A01986 Memo:

BILL NUMBER:A1986

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
paragraph (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 communication 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 predators 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1986

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  2.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law.
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