Prohibits sex offenders who are on parole or probation, or conditionally discharged from being upon or within 1,000 feet of the premises of any facility providing child day care, while any person under 18 years of age is present.
STATE OF NEW YORK
________________________________________________________________________
1222
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI, THIELE, DiPIETRO, STERN -- Multi-Spon-
sored by -- M. of A. BARCLAY, McDONOUGH, RIVERA -- read once and
referred to the Committee on Correction
AN ACT to amend the penal law and the executive law, in relation to
prohibiting sex offenders from being upon the premises of any home or
facility where child day care is provided
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 4-a of section 65.10 of the
2 penal law, as amended by chapter 67 of the laws of 2008, is amended to
3 read as follows:
4 (a) When imposing a sentence of probation or conditional discharge
5 upon a person convicted of an offense defined in article one hundred
6 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
7 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
8 of such offense was under the age of eighteen at the time of such
9 offense or such person has been designated a level three sex offender
10 pursuant to subdivision six of section 168-l of the correction law, the
11 court shall require, as a mandatory condition of such sentence, that
12 such sentenced offender shall refrain from knowingly entering into or
13 upon any school grounds, as that term is defined in subdivision fourteen
14 of section 220.00 of this chapter, or into, upon or within one thousand
15 feet of any other facility or institution primarily used for the care or
16 treatment of persons under the age of eighteen, which shall include but
17 not be limited to any home or facility where child day care, as such
18 term is defined in paragraph (a) of subdivision one of section three
19 hundred ninety of the social services law, is provided, while one or
20 more of such persons under the age of eighteen are present, provided
21 however, that when such sentenced offender is a registered student or
22 participant or an employee of such facility or institution or entity
23 contracting therewith or has a family member enrolled in such facility
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03228-01-3
A. 1222 2
1 or institution, such sentenced offender may, with the written authori-
2 zation of his or her probation officer or the court and the superinten-
3 dent or chief administrator of such facility, institution or grounds,
4 enter such facility, institution or upon such grounds for the limited
5 purposes authorized by the probation officer or the court and super-
6 intendent or chief officer. Nothing in this subdivision shall be
7 construed as restricting any lawful condition of supervision that may be
8 imposed on such sentenced offender.
9 § 2. Subdivision 14 of section 259-c of the executive law, as amended
10 by section 38-b of subpart A of part C of chapter 62 of the laws of
11 2011, is amended to read as follows:
12 14. notwithstanding any other provision of law to the contrary, where
13 a person serving a sentence for an offense defined in article one
14 hundred thirty, one hundred thirty-five or two hundred sixty-three of
15 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
16 the victim of such offense was under the age of eighteen at the time of
17 such offense or such person has been designated a level three sex offen-
18 der pursuant to subdivision six of section one hundred sixty-eight-l of
19 the correction law, is released on parole or conditionally released
20 pursuant to subdivision one or two of this section, the board shall
21 require, as a mandatory condition of such release, that such sentenced
22 offender shall refrain from knowingly entering into or upon any school
23 grounds, as that term is defined in subdivision fourteen of section
24 220.00 of the penal law, or into, upon or within one thousand feet of
25 any other facility or institution primarily used for the care or treat-
26 ment of persons under the age of eighteen, which shall include but not
27 be limited to any home or facility where child day care, as such term is
28 defined in paragraph (a) of subdivision one of section three hundred
29 ninety of the social services law, is provided, while one or more of
30 such persons under the age of eighteen are present, provided however,
31 that when such sentenced offender is a registered student or participant
32 or an employee of such facility or institution or entity contracting
33 therewith or has a family member enrolled in such facility or institu-
34 tion, such sentenced offender may, with the written authorization of his
35 or her parole officer and the superintendent or chief administrator of
36 such facility, institution or grounds, enter such facility, institution
37 or upon such grounds for the limited purposes authorized by the parole
38 officer and superintendent or chief officer. Nothing in this subdivi-
39 sion shall be construed as restricting any lawful condition of super-
40 vision that may be imposed on such sentenced offender.
41 § 3. This act shall take effect immediately.
