senate Bill S6090

Amended

Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • 1ST REPORT CAL.425
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 15 / May / 2012
    • AMENDED ON THIRD READING 6090A
  • 22 / May / 2012
    • PASSED SENATE
  • 22 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2012
    • REFERRED TO CODES

Summary

Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime.

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Bill Details

Versions:
S6090
S6090A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.80, Pen L

Votes

12
3
12
Aye
3
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6090

TITLE OF BILL:
An act
to amend the penal law, in relation to restricting the right of an
offender to use a computer in prison or access the internet if such
offender has been convicted of certain sex offenses and used a computer
in connection with the planning or execution of his or her crime

PURPOSE:
This legislation will restrict a convicted felony sex offender, or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. This bill will also
prohibit a convicted felony sex offender, or violent sex offender
from using a computer unless supervised and accessing the internet
for any purpose other than performing research or other tasks
associated with such person's legal defense or participation in an
education program or class that has been approved

SUMMARY OF PROVISIONS:
Section One - amends 70.80 of the penal law by adding subdivision 10
to state whenever an offender convicted of a felony sex offense, or a
violent felony sex offense has utilized a computer or the internet in
the planning or execution of the crime, the sentence imposed will
include a restriction on the right of the offender to use computers
and access the internet while serving their imposed sentence. The
restrictions will prohibit the offender from utilizing computers
unless supervised by the department of corrections and from accessing
the internet for any purpose other than performing research or other
tasks associated with the person's legal defense or participation in
an education program or class approved by the department of
corrections or for communicating with the offender's family members.
The offender will be restricted from communicating with the victims.
The offender will be restricted from utilizing all social networking
sites during the duration of the offender's time in detention.

JUSTIFICATION:
With the advancement in technology, sexual predators have expanded
their ability to contact and deceive their victims. The use of
e-mail, chat-rooms, and more recently, social networking has given
these sexual predators easy access to hundreds of thousands people.
This legislation will restrict a convicted felony sex offender, or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. An offender should
not be given the use of a too) that helped them commit the crime in
which they are in detention for.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This law will take effect on the ninetieth day after it shall have
become law.

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

                                  6090

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens. BALL, LANZA, LARKIN, RANZENHOFER -- 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 restricting the right of
  an offender to use a computer in prison or access the internet if such
  offender has been convicted of certain sex offenses and used a comput-
  er in connection with the planning or execution of his or her crime

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

  Section  1.  Section 70.80 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. WHENEVER AN OFFENDER CONVICTED OF A FELONY SEX OFFENSE, AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION OR A VIOLENT  FELONY
SEX  OFFENSE,  AS  DEFINED  IN  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, UTILIZED  A  COMPUTER  OR  THE  INTERNET  IN  THE  PLANNING  OR
EXECUTION  OF  THE OFFENSE, THE DETERMINATE SENTENCE IMPOSED PURSUANT TO
ANY SECTION  OF  THIS  ARTICLE,  SHALL  INCLUDE  AS  A  PART  THEREOF  A
RESTRICTION ON THE RIGHT OF THE OFFENDER TO USE COMPUTERS AND ACCESS THE
INTERNET  WHILE  SERVING  THE  IMPOSED  SENTENCE. SUCH RESTRICTION SHALL
PROHIBIT THE OFFENDER FROM  UTILIZING  COMPUTERS  UNLESS  SUPERVISED  BY
PERSONNEL  OF  THE  DEPARTMENT  OF  CORRECTIONS,  AND FROM ACCESSING THE
INTERNET FOR ANY PURPOSE OTHER THAN PERFORMING RESEARCH OR  OTHER  TASKS
ASSOCIATED  WITH  SUCH  PERSON'S  LEGAL  DEFENSE  OR PARTICIPATION IN AN
EDUCATION PROGRAM OR CLASS APPROVED BY THE DEPARTMENT OF CORRECTIONS  OR
FOR COMMUNICATING WITH THE OFFENDER'S FAMILY MEMBERS; PROVIDED, HOWEVER,
THAT THE OFFENDER SHALL BE RESTRICTED FROM COMMUNICATING WITH ANY OF HIS
OR  HER  VICTIMS. THE OFFENDER SHALL BE RESTRICTED FROM UTILIZING SOCIAL
NETWORKING  SITES  DURING  THE  DURATION  OF  THE  OFFENDER'S  TIME   IN
DETENTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13408-01-1

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