S T A T E   O F   N E W   Y O R K
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                                 5987--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced  by  M.  of  A. WEPRIN, MOSLEY, OTIS, SCARBOROUGH, BENEDETTO,
  GUNTHER, ZEBROWSKI, COLTON, HOOPER, RAIA, GRAF, WALTER --  Multi-Spon-
  sored  by  -- M. of A. ARROYO, BARCLAY, CERETTO, COOK, CROUCH, DUPREY,
  GARBARINO, GIBSON, McKEVITT, McLAUGHLIN, PERRY, RIVERA, SOLAGES, WEIS-
  ENBERG -- read once and referred to the  Committee  on  Correction  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the correction law and the penal  law,  in  relation  to
  prohibiting  certain  persons  required to maintain registration under
  the sex offender registration act  from  entering  into  a  children's
  section of a public library

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005  is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S  168-W.  PROHIBITION FROM ENTERING A CHILDREN'S SECTION OF A PUBLIC,
ASSOCIATION OR FREE LIBRARY. ANY PERSON REQUIRED TO  MAINTAIN  REGISTRA-
TION UNDER THIS ARTICLE (SEX OFFENDER REGISTRATION ACT) AND WHOSE VICTIM
WAS A CHILD SHALL REFRAIN FROM ENTERING INTO OR UPON ANY AREA OR ROOM IN
A PUBLIC, ASSOCIATION OR FREE LIBRARY DESIGNATED AS A CHILDREN'S SECTION
OR DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE OF EIGHTEEN.
  S  2.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
law, as amended by chapter 67 of the laws of 2008, is amended to read as
follows:
  (a) When imposing a sentence of  probation  or  conditional  discharge
upon  a  person  convicted  of an offense defined in article one hundred
thirty, two hundred thirty-five or two hundred sixty-three of this chap-
ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
of such offense was under the age  of  eighteen  at  the  time  of  such
offense  or  such  person has been designated a level three sex offender

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09753-02-3
              

A. 5987--A                          2

pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
of the correction law, the court shall require, as a mandatory condition
of such sentence, that such sentenced offender shall refrain from  know-
ingly  entering into or upon any school grounds, as that term is defined
in subdivision fourteen of section 220.00 of this chapter, OR  ANY  AREA
OR  ROOM  OF A PUBLIC, ASSOCIATION OR FREE LIBRARY DESIGNATED AS A CHIL-
DREN'S SECTION OR DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE
OF EIGHTEEN WHEN THE OFFENDER'S VICTIM WAS A CHILD, or any other facili-
ty or institution primarily used for the care or  treatment  of  persons
under  the  age  of eighteen while one or more of such persons under the
age of eighteen are present, provided however, that when such  sentenced
offender  is  a registered student or participant or an employee of such
facility or institution or entity contracting therewith or has a  family
member enrolled in such facility or institution, such sentenced offender
may,  with  the written authorization of his or her probation officer or
the court and the superintendent or chief administrator of such  facili-
ty,  institution  or  grounds,  enter such facility, institution or upon
such grounds for the limited purposes authorized by the probation  offi-
cer  or  the  court and superintendent or chief officer. Nothing in this
subdivision shall be construed as restricting any  lawful  condition  of
supervision that may be imposed on such sentenced offender.
  S 3. This act shall take effect immediately.