NY State Senate Bill 2009-S1478

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 02, 2009	referred to codes

co-Sponsors

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2009-S1478 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§130.82 & 130.83, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S1540

2009-S1478 (ACTIVE) - Summary

Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.

2009-S1478 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1478

 TITLE OF BILL :
An act to amend the penal law, in relation to establishing the offense
of unlawfully residing or entering upon school grounds


 PURPOSE :
To prohibit persons who are required to register as sex offenders from
residing or entering upon school grounds during the period of time
such persons are required to register and verify.

 SUMMARY OF PROVISIONS :
Section 1 adds a new section 130.82 to the Penal Law entitled,
"Unlawfully residing or entering upon school grounds in the second
degree", a class A misdemeanor. Under the bill a person who is
convicted of an offense which requires the person to register as a sex
offender may not reside or enter upon school grounds during the period
of time the person is required to register and verify. The bill also
provides that it is an affirmative defense to the crime that the
defendant (1) is a registered student or employee of the school or has
a family member enrolled in the school, and (2) the defendant entered
upon the school grounds for the limited purposes authorized by the
superintendent or chief administrator of the school.

Section 1 also adds a new section 130.83 to the Penal Law, "Unlawfully

residing or entering upon school grounds in the first degree", a class
E felony. This crime occurs when a person commits the second degree
offense and has previously been convicted of the first or second
degree offense in the previous five years.

 EXISTING LAW :
Current law provides that level one or two offenders whose victim was
under the age of eighteen and are still on probation or parole must
not enter within 1000 feet of school grounds or daycare Centers. Also,
all level three offenders regardless of the age of their victim who
are still on probation or parole may not enter within 1000 feet of
school or daycare centers.

 JUSTIFICATION :
Under current law persons who are convicted of a sex offense where the
victim is under the age of eighteen for level one and two offenders
and who are placed on probation, or who are released by a local
conditional release commission, or released on parole are required, as
a mandatory condition, to refrain from knowingly entering within 1000
feet of school grounds or daycare centers during the period of time
the sex offender is under supervision by either the Parole Department
or the Division of Parole. This is also the case for all level three
offenders regardless of the age of the victim. However, once the sex
offender is no longer under supervision he or she can enter upon such
grounds.

It is an anomaly that a sex offender who is being supervised by a
probation officer or a parole officer may not enter upon school
grounds whereas a sex offender who has no supervision may enter school
grounds. This bill eliminates that anomaly.

 LEGISLATIVE HISTORY :
2007/2008 - S.436 - Passed Senate 59-2 Non-Controversial/Assembly
Codes
2005/2006 - S.2452 - Passed Senate/Assembly Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
November first, next succeeding the date on which it shall become a
law.

2009-S1478 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1478

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  SKELOS, ALESI, FARLEY, FUSCHILLO, GOLDEN, HANNON,
  LAVALLE, LEIBELL, MAZIARZ, SALAND, SEWARD -- read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Codes

AN  ACT  to amend the penal law, in relation to establishing the offense
  of unlawfully residing or entering upon school grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 130.82
and 130.83 to read as follows:
S 130.82 UNLAWFULLY RESIDING OR ENTERING  UPON  SCHOOL  GROUNDS  IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL
GROUNDS IN THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF  AN  OFFENSE
DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A
OF  THE  CORRECTION  LAW,  HE OR SHE KNOWINGLY RESIDES WITHIN, OR ENTERS
INTO OR UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION  FOURTEEN  OF
SECTION  220.00  OF THIS CHAPTER, DURING THE PERIOD OF TIME HE OR SHE IS
REQUIRED  TO  REGISTER  AND  VERIFY  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-EIGHT-H OF THE CORRECTION LAW.
  IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING
OR  ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE DEFENDANT
(1) IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH  SCHOOL
GROUNDS,  OR  HAS  A FAMILY MEMBER ENROLLED IN A SCHOOL UPON SUCH SCHOOL
GROUNDS, AND (2) ENTERED  UPON  SUCH  SCHOOL  GROUNDS  FOR  THE  LIMITED
PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH
SCHOOL.
  UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL GROUNDS IN THE SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S 130.83 UNLAWFULLY RESIDING OR ENTERING  UPON  SCHOOL  GROUNDS  IN  THE
           FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03383-01-9

S. 1478                             2

  A  PERSON  IS  GUILTY  OF  UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL
GROUNDS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAW-
FULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE,  AS
DEFINED  IN  SECTION  130.82  OF THIS ARTICLE, AND HAS BEEN CONVICTED OF
UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL GROUNDS IN THE FIRST OR
SECOND DEGREE IN THE PREVIOUS FIVE YEARS.
  UNLAWFULLY RESIDING OR ENTERING  UPON  SCHOOL  GROUNDS  IN  THE  FIRST
DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S1478

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S1478 (ACTIVE) - Details

2009-S1478 (ACTIVE) - Summary

2009-S1478 (ACTIVE) - Sponsor Memo

2009-S1478 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1478

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S1478 (ACTIVE) - Details

2009-S1478 (ACTIVE) - Summary

2009-S1478 (ACTIVE) - Sponsor Memo

2009-S1478 (ACTIVE) - Bill Text download pdf

Comments