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
________________________________________________________________________
5580
2023-2024 Regular Sessions
IN SENATE
March 8, 2023
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and 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, in relation
to 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
16 220.00 of the penal law, or within one thousand feet of any facility or
17 institution where pre-kindergarten or kindergarten instruction is
18 provided, or any other facility or institution primarily used for the
19 care or treatment of persons under the age of eighteen while one or more
20 of such persons under the age of eighteen are present, provided however,
21 that when such sentenced offender is a registered student or participant
22 or an employee of such facility or institution or entity contracting
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08586-01-3
S. 5580 2
1 therewith or has a family member enrolled in such facility or institu-
2 tion, such sentenced offender may, with the written authorization of his
3 or her parole officer and the superintendent or chief administrator of
4 such facility, institution or grounds, enter such facility, institution
5 or upon such grounds for the limited purposes authorized by the parole
6 officer and superintendent or chief officer. Nothing in this subdivi-
7 sion shall be construed as restricting any lawful condition of super-
8 vision that may be imposed on such sentenced offender.
9 § 2. The executive law is amended by adding a new section 259-f to
10 read as follows:
11 § 259-f. Quarterly reports of schools. 1. On a quarterly basis the
12 commissioner shall obtain an updated list from the commissioner of
13 education, of every elementary and secondary school in the state, and of
14 any other facility or institution where pre-kindergarten or kindergarten
15 instruction is provided.
16 2. The commissioner shall distribute the information received pursuant
17 to subdivision one of this section to the board and to the director of
18 probation and correctional alternatives.
19 3. On or before February first each year, the commissioner shall noti-
20 fy the governor, the temporary president of the senate, the speaker of
21 the assembly, the minority leader of the senate and the minority leader
22 of the assembly, on the compliance with this section.
23 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
24 law, as amended by chapter 67 of the laws of 2008, is amended to read as
25 follows:
26 (a) When imposing a sentence of probation or conditional discharge
27 upon a person convicted of an offense defined in article one hundred
28 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
29 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
30 of such offense was under the age of eighteen at the time of such
31 offense or such person has been designated a level three sex offender
32 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
33 of the correction law, the court shall require, as a mandatory condition
34 of such sentence, that such sentenced offender shall refrain from know-
35 ingly entering into or upon any school grounds, as that term is defined
36 in subdivision fourteen of section 220.00 of this chapter, or within one
37 thousand feet of any facility or institution where pre-kindergarten or
38 kindergarten instruction is provided, or any other facility or institu-
39 tion primarily used for the care or treatment of persons under the age
40 of eighteen while one or more of such persons under the age of eighteen
41 are present, provided however, that when such sentenced offender is a
42 registered student or participant or an employee of such facility or
43 institution or entity contracting therewith or has a family member
44 enrolled in such facility or institution, such sentenced offender may,
45 with the written authorization of his or her probation officer or the
46 court and the superintendent or chief administrator of such facility,
47 institution or grounds, enter such facility, institution or upon such
48 grounds for the limited purposes authorized by the probation officer or
49 the court and superintendent or chief officer. Nothing in this subdivi-
50 sion shall be construed as restricting any lawful condition of super-
51 vision that may be imposed on such sentenced offender.
52 § 4. This act shall take effect immediately, except that sections one
53 and three of this act shall take effect on the first of July next
54 succeeding the date on which it shall have become a law.
