STATE OF NEW YORK
________________________________________________________________________
7092
2021-2022 Regular Sessions
IN ASSEMBLY
April 21, 2021
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, the penal law and the executive law,
in relation to prohibiting level three sex offenders from living in
college housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b-1) of subdivision 2 of section 168-f of the
2 correction law, as amended by chapter 532 of the laws of 2011, is
3 amended to read as follows:
4 (b-1) If the sex offender has been given a level two or three desig-
5 nation, such offender shall sign the verification form, and state that
6 he or she still is employed at the address last reported to the divi-
7 sion. If a sex offender has been given a level three designation, such
8 offender shall not reside in student housing of any institution of high-
9 er education.
10 § 2. Section 168-t of the correction law, as amended by chapter 373 of
11 the laws of 2007, is amended to read as follows:
12 § 168-t. Penalty. Any sex offender required to register or to verify
13 pursuant to the provisions of this article who fails to register or
14 verify in the manner and within the time periods provided for in this
15 article shall be guilty of a class E felony upon conviction for the
16 first offense, and upon conviction for a second or subsequent offense
17 shall be guilty of a class D felony. Any sex offender who violates the
18 provisions of section one hundred sixty-eight-v of this article or the
19 provisions of paragraph (b-1) of subdivision two of section one hundred
20 sixty-eight-f of this article concerning the prohibition on residing in
21 student housing of any institution of higher education shall be guilty
22 of a class A misdemeanor upon conviction for the first offense, and upon
23 conviction for a second or subsequent offense shall be guilty of a class
24 D felony. Any such failure to register or verify may also be the basis
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10552-01-1
A. 7092 2
1 for revocation of parole pursuant to section two hundred fifty-nine-i of
2 the executive law or the basis for revocation of probation pursuant to
3 article four hundred ten of the criminal procedure law.
4 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
5 law, as amended by chapter 67 of the laws of 2008, is amended to read as
6 follows:
7 (a) When imposing a sentence of probation or conditional discharge
8 upon a person convicted of an offense defined in article one hundred
9 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
10 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
11 of such offense was under the age of eighteen at the time of such
12 offense or such person has been designated a level three sex offender
13 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
14 of the correction law, the court shall require, as a mandatory condition
15 of such sentence, that such sentenced offender shall refrain from know-
16 ingly entering into or upon any school grounds, as that term is defined
17 in subdivision fourteen of section 220.00 of this chapter, or any other
18 facility or institution primarily used for the care or treatment of
19 persons under the age of eighteen while one or more of such persons
20 under the age of eighteen are present, provided however, that when such
21 sentenced offender is a registered student or participant or an employee
22 of such facility or institution or entity contracting therewith or has a
23 family member enrolled in such facility or institution, such sentenced
24 offender may, with the written authorization of his or her probation
25 officer or the court and the superintendent or chief administrator of
26 such facility, institution or grounds, enter such facility, institution
27 or upon such grounds for the limited purposes authorized by the
28 probation officer or the court and superintendent or chief officer. If a
29 sex offender has been given a level three designation, such offender
30 shall not reside in student housing of any institution of higher educa-
31 tion. Nothing in this subdivision shall be construed as restricting any
32 lawful condition of supervision that may be imposed on such sentenced
33 offender.
34 § 4. Subdivision 14 of section 259-c of the executive law, as amended
35 by section 38-b of subpart A of part C of chapter 62 of the laws of
36 2011, is amended to read as follows:
37 14. notwithstanding any other provision of law to the contrary, where
38 a person serving a sentence for an offense defined in article one
39 hundred thirty, one hundred thirty-five or two hundred sixty-three of
40 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
41 the victim of such offense was under the age of eighteen at the time of
42 such offense or such person has been designated a level three sex offen-
43 der pursuant to subdivision six of section one hundred sixty-eight-l of
44 the correction law, is released on parole or conditionally released
45 pursuant to subdivision one or two of this section, the board shall
46 require, as a mandatory condition of such release, that such sentenced
47 offender shall refrain from knowingly entering into or upon any school
48 grounds, as that term is defined in subdivision fourteen of section
49 220.00 of the penal law, or any other facility or institution primarily
50 used for the care or treatment of persons under the age of eighteen
51 while one or more of such persons under the age of eighteen are present,
52 provided however, that when such sentenced offender is a registered
53 student or participant or an employee of such facility or institution or
54 entity contracting therewith or has a family member enrolled in such
55 facility or institution, such sentenced offender may, with the written
56 authorization of his or her parole officer and the superintendent or
A. 7092 3
1 chief administrator of such facility, institution or grounds, enter such
2 facility, institution or upon such grounds for the limited purposes
3 authorized by the parole officer and superintendent or chief officer. If
4 a sex offender has been given a level three designation, such offender
5 shall not reside in student housing of any institution of higher educa-
6 tion. Nothing in this subdivision shall be construed as restricting any
7 lawful condition of supervision that may be imposed on such sentenced
8 offender.
9 § 5. This act shall take effect immediately.
