senate Bill S2578

Prohibits sex offenders who are on parole or probation, or conditionally discharged from being upon the premises of any facility providing child day care

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Bill Status


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

  • 22 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1319
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / Apr / 2014
    • 1ST REPORT CAL.466
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A7614
Versions:
S2578
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §65.10, Pen L; amd §259-c, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S6683

Sponsor Memo

BILL NUMBER:S2578 REVISED 4/24/14

TITLE OF BILL: 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

PURPOSE: This legislation will prohibit sex offenders who are on
parole or probation, or conditionally discharged from being into, upon
or within one thousand feet upon the premises of any facility proving
day care.

SUMMARY OF PROVISIONS:

Section One - amends chapter 67 of the penal law to state that when a
person is convicted of an offense and has been designated a level
three sex offender, the court shall require as a mandatory condition
of such sentence, that the offender will refrain from knowingly
entering a facility where a child day care.

Section Two - amends the subdivision 14 of section 259-c of the
executive law to state that when a person is convicted of an offense
and has been designated a level three sex offender, the court shall
require as a mandatory condition of such sentence, that the offender
will refrain from knowingly entering a facility where a child day
care.

Section Three - states this law would take effects immediately.

JUSTIFICATION: Across the state, not willing to wait for the courts to
move forward, municipalities and counties are taking proactive
measures to protect their children from violent sexual predators by
enacting residency requirement legislation to keep sex offenders away
from children.

This legislation will close a current loophole in the law, that allows
level three sex offenders to live within 1,000 feet of a day care
facility. Under the current law, day care facilities can be
interpreted as places of businesses that are not protected from sex
offenders.

LEGISLATIVE HISTORY: 03/09/12 - S.6683 Referred to Codes 06/13/13 -
S.2578 Passed Senate/ 05/28/13 - A.7614 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2578

                       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 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:

  Section  1.  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
pursuant  to subdivision six of section 168-l of the correction law, the
court shall require, as a mandatory condition  of  such  sentence,  that
such  sentenced  offender  shall refrain from knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, or INTO, UPON OR WITHIN ONE  THOUSAND
FEET OF any other facility or institution primarily used for the care or
treatment  of persons under the age of eighteen, WHICH SHALL INCLUDE BUT
NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD  DAY  CARE,  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS  PROVIDED,  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 authori-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07332-01-3

S. 2578                             2

zation of his or her probation officer or the court and the  superinten-
dent  or  chief  administrator of such facility, institution or grounds,
enter such facility, institution or upon such grounds  for  the  limited
purposes  authorized  by  the  probation officer or the court and super-
intendent 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  2. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
2011, is amended to read as follows:
  14.  notwithstanding any other provision of law to the contrary, where
a person serving a sentence  for  an  offense  defined  in  article  one
hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal  law  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 offen-
der pursuant to subdivision six of section one hundred sixty-eight-l  of
the  correction  law,  is  released  on parole or conditionally released
pursuant to subdivision one or two of  this  section,  the  board  shall
require,  as  a mandatory condition of such release, that such sentenced
offender shall refrain from knowingly entering into or upon  any  school
grounds,  as  that  term  is  defined in subdivision fourteen of section
220.00 of the penal law, or INTO, UPON OR WITHIN ONE  THOUSAND  FEET  OF
any  other facility or institution primarily used for the care or treat-
ment of persons under the age of eighteen, WHICH SHALL INCLUDE  BUT  NOT
BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, 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 institu-
tion, such sentenced offender may, with the written authorization of his
or her parole officer and the superintendent or chief  administrator  of
such  facility, institution or grounds, enter such facility, institution
or upon such grounds for the limited purposes authorized by  the  parole
officer  and  superintendent or chief officer.  Nothing in this subdivi-
sion shall be construed as restricting any lawful  condition  of  super-
vision that may be imposed on such sentenced offender.
  S 3. This act shall take effect immediately.

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