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A03692 Summary:

BILL NOA03692
 
SAME ASSAME AS S00436
 
SPONSORJacobson
 
COSPNSRBrabenec, Walsh, Raga, Eachus
 
MLTSPNSR
 
Amd §259-c, Exec L; amd §65.10, Pen L
 
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.
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A03692 Actions:

BILL NOA03692
 
02/03/2023referred to correction
01/03/2024referred to correction
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A03692 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3692
 
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 daycares, 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   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
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A03692 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3692
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  JACOBSON,  BRABENEC,  WALSH -- 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.
                                                                   LBD02189-01-3

        A. 3692                             2
 
     1  member enrolled in such facility or institution, such sentenced offender
     2  may, with the written authorization of his or her parole officer and the
     3  superintendent or chief administrator of such facility,  institution  or
     4  grounds,  enter  such facility, institution or upon such grounds for the
     5  limited purposes authorized by the parole officer and superintendent  or
     6  chief  officer.    Nothing  in  this  subdivision  shall be construed as
     7  restricting any lawful condition of supervision that may be  imposed  on
     8  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 his
    32  or  her  probation  officer or the court and the superintendent or chief
    33  administrator of such  facility,  institution  or  grounds,  enter  such
    34  facility,  institution  or  upon  such  grounds for the limited purposes
    35  authorized by the probation officer or the court and  superintendent  or
    36  chief  officer.  Nothing  in  this  subdivision  shall  be  construed as
    37  restricting any lawful condition of supervision that may be  imposed  on
    38  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.
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