senate Bill S2559

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
view actions

actions

  • 22 / Jan / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.259
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 25 / Mar / 2013
    • PASSED SENATE
  • 25 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 25 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 25 / Mar / 2014
    • 1ST REPORT CAL.358
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 05 / May / 2014
    • PASSED SENATE
  • 05 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / May / 2014
    • 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

See Assembly Version of this Bill:
A6535
Versions:
S2559
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.80, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6090A

Sponsor Memo

BILL NUMBER:S2559 REVISED MEMO 03/25/2014

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 section 70.80 of the penal law by adding a new
subdivision 10 to state whenever an offender convicted of a felony sex
offense, as defined in paragraph (a) of subdivision one of this
section, or a violent felony sexual offense, utilizing a computer of
the internet in the planning or execution of the offense, the court
shall require, as mandatory conditionals of the sentence therefore,
that such sentenced offender by prohibited from using the internet to
access pornographic material, access a commercial social networking
website, communicate with other individuals or groups for the purpose
of promoting sexual relations with persons under the age of eighteen,
and communicate with any person under the age of eighteen when such
offender is over the age of eighteen, provided that the court may
permit such an offender to use the internet to communicate with a
person under the age of eighteen when such offender is the parent of a
minor child and is not otherwise prohibited from communication with
such child. "Commercial Social Networking Website" is defined as any
business, organization or other entity operating a website that
permits persons under eighteen of years of age to be registered users
for the purpose of establishing personal relationship with other
users, where person under eighteen years of age may create web pages
or profiles available to the public or to other users, engage in
direct of real time communication with other users, engaged, such as
chat room or instant messenger and communicate with persons over
eighteen years of age, provided however, that for purposes of this
subdivision, a commercial social networking website shall not include
a website that permits users to engage in such other activities as are
not specified in the subdivision.

Section Two - This act shall take effect on the ninetieth day after it
shall have become law.

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 thousand 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 tool that helped them commit the crime in which
they are in detention for.

LEGISLATIVE HISTORY:

1/4/12 - S.6090A, Referred to Codes
5/22/12 - S.6090A, Passed Senate
3/25/13 - S.2559, Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after is shall have
become law.

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

                                  2559

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 SUCH OFFENSE, THE COURT SHALL REQUIRE, AS MANDATORY CONDI-
TIONS OF THE SENTENCE THEREFOR, THAT SUCH SENTENCED OFFENDER BE  PROHIB-
ITED  FROM  USING THE INTERNET TO ACCESS PORNOGRAPHIC MATERIAL, ACCESS A
COMMERCIAL SOCIAL NETWORKING WEBSITE, COMMUNICATE WITH OTHER INDIVIDUALS
OR GROUPS FOR THE PURPOSE OF PROMOTING  SEXUAL  RELATIONS  WITH  PERSONS
UNDER THE AGE OF EIGHTEEN, AND COMMUNICATE WITH ANY PERSON UNDER THE AGE
OF  EIGHTEEN  WHEN  SUCH  OFFENDER IS OVER THE AGE OF EIGHTEEN, PROVIDED
THAT THE COURT MAY PERMIT SUCH AN OFFENDER TO USE THE INTERNET TO COMMU-
NICATE WITH A PERSON UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS THE
PARENT OF A MINOR CHILD AND IS NOT OTHERWISE PROHIBITED FROM COMMUNICAT-
ING WITH SUCH CHILD. AS USED IN THIS SUBDIVISION, A  "COMMERCIAL  SOCIAL
NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS, ORGANIZATION OR OTHER ENTI-
TY  OPERATING A WEBSITE THAT PERMITS PERSONS UNDER EIGHTEEN YEARS OF AGE
TO  BE  REGISTERED  USERS  FOR  THE  PURPOSE  OF  ESTABLISHING  PERSONAL
RELATIONSHIPS  WITH OTHER USERS, WHERE SUCH PERSONS UNDER EIGHTEEN YEARS
OF AGE MAY (A) CREATE WEB PAGES OR  PROFILES  THAT  PROVIDE  INFORMATION
ABOUT  THEMSELVES  WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07295-01-3

S. 2559                             2

PUBLIC OR TO OTHER USERS; (B) ENGAGE IN DIRECT  OR  REAL  TIME  COMMUNI-
CATION  WITH  OTHER USERS, SUCH AS A CHAT ROOM OR INSTANT MESSENGER; AND
(C) COMMUNICATE WITH PERSONS  OVER  EIGHTEEN  YEARS  OF  AGE;  PROVIDED,
HOWEVER,  THAT,  FOR  PURPOSES  OF THIS SUBDIVISION, A COMMERCIAL SOCIAL
NETWORKING WEBSITE SHALL NOT INCLUDE A WEBSITE  THAT  PERMITS  USERS  TO
ENGAGE  IN  SUCH  OTHER ACTIVITIES AS ARE NOT SPECIFIED IN THIS SUBDIVI-
SION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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