Cook, De La Rosa, Englebright, Garbarino, Giglio, Hawley, Hikind, Perry, Rivera, Simon, Solages,
Thiele
 
Amd §259-c, add §259-f, 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 facility where pre-kindergarten or kindergarten instruction is provided.
STATE OF NEW YORK
________________________________________________________________________
2605
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
___________
Introduced by M. of A. SEPULVEDA, KEARNS, M. G. MILLER, JAFFEE, ARROYO,
HOOPER, SKOUFIS, CROUCH, MALLIOTAKIS, FINCH, CURRAN, ZEBROWSKI, BRAUN-
STEIN, MAYER, ABBATE, BLAKE, CRESPO, RAIA, GRAF, SALADINO, WALTER,
PALUMBO, PICHARDO, DiPIETRO, BRABENEC, DAVILA, STEC, BARRON, FRIEND --
Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, HAWLEY, HIKIND,
PERRY, RIVERA, SIMON, SOLAGES -- read once and referred to the Commit-
tee 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 any place where pre-kindergarten or kindergarten
instruction is provided; and to amend the executive law, directing the
commissioner of corrections and community supervision to apply for
quarterly listings of all elementary and secondary schools in the
state
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07343-01-7
A. 2605 2
1 220.00 of the penal law, or within one thousand feet of any facility or
2 institution where pre-kindergarten or kindergarten instruction is
3 provided, or any other facility or institution primarily used for the
4 care or treatment of persons under the age of eighteen while one or more
5 of such persons under the age of eighteen are present, provided however,
6 that when such sentenced offender is a registered student or participant
7 or an employee of such facility or institution or entity contracting
8 therewith or has a family member enrolled in such facility or institu-
9 tion, such sentenced offender may, with the written authorization of his
10 or her parole officer and the superintendent or chief administrator of
11 such facility, institution or grounds, enter such facility, institution
12 or upon such grounds for the limited purposes authorized by the parole
13 officer and superintendent or chief officer. Nothing in this subdivi-
14 sion shall be construed as restricting any lawful condition of super-
15 vision that may be imposed on such sentenced offender.
16 § 2. The executive law is amended by adding a new section 259-f to
17 read as follows:
18 § 259-f. Quarterly reports of schools. 1. On a quarterly basis the
19 commissioner shall obtain an updated list from the commissioner of
20 education, of every elementary and secondary school in the state, and of
21 any other facility or institution where pre-kindergarten or kindergarten
22 instruction is provided.
23 2. The commissioner shall distribute the information received pursuant
24 to subdivision one of this section to the board and to the director of
25 probation and correctional alternatives.
26 3. On or before February first each year, the commissioner shall noti-
27 fy the governor, the temporary president of the senate, the speaker of
28 the assembly, the minority leader of the senate and the minority leader
29 of the assembly, on the compliance with this section.
30 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
31 law, as amended by chapter 67 of the laws of 2008, is amended to read as
32 follows:
33 (a) When imposing a sentence of probation or conditional discharge
34 upon a person convicted of an offense defined in article one hundred
35 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
36 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
37 of such offense was under the age of eighteen at the time of such
38 offense or such person has been designated a level three sex offender
39 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
40 of the correction law, the court shall require, as a mandatory condition
41 of such sentence, that such sentenced offender shall refrain from know-
42 ingly entering into or upon any school grounds, as that term is defined
43 in subdivision fourteen of section 220.00 of this chapter, or within one
44 thousand feet of any facility or institution where pre-kindergarten or
45 kindergarten instruction is provided, or any other facility or institu-
46 tion primarily used for the care or treatment of persons under the age
47 of eighteen while one or more of such persons under the age of eighteen
48 are present, provided however, that when such sentenced offender is a
49 registered student or participant or an employee of such facility or
50 institution or entity contracting therewith or has a family member
51 enrolled in such facility or institution, such sentenced offender may,
52 with the written authorization of his or her probation officer or the
53 court and the superintendent or chief administrator of such facility,
54 institution or grounds, enter such facility, institution or upon such
55 grounds for the limited purposes authorized by the probation officer or
56 the court and superintendent or chief officer. Nothing in this subdivi-
A. 2605 3
1 sion shall be construed as restricting any lawful condition of super-
2 vision that may be imposed on such sentenced offender.
3 § 4. This act shall take effect immediately, except that sections one
4 and three of this act shall take effect on the first of July next
5 succeeding the date on which it shall have become a law.