NY State Senate Bill 2009-S728

Senate Bill S728

2009-2010 Legislative Session

Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 crime victims, crime and correction
Jan 14, 2009	referred to crime victims, crime and correction

2009-S728 (ACTIVE) - Details

See Assembly Version of this Bill:: A2944
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3744, A2145
2013-2014: S2459
2015-2016: S4514
2017-2018: S6189
2019-2020: S2586
2021-2022: S4571
2023-2024: S3085

2009-S728 (ACTIVE) - Summary

Provides that certain sex offenders who are released on parole may not enter public, association or free libraries.

2009-S728 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S728          REVISED 03/25/10

 TITLE OF BILL :
An act to amend the executive law and the penal law, in relation to
preventing certain sex offenders who are released on parole or
sentenced to probation from entering public, association or free
libraries


 PURPOSE :
Provides that certain sex offenders who are released on parole or
sentenced to probation may not enter public, association or free
libraries.

 SUMMARY OF PROVISIONS :
Section one of subdivision 14 of section 259-c of the executive law,
is amended by chapter 320 of the laws of 2006 to state that 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, 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, is released on parole or
conditionally released pursuant to subdivision one or two of this
section, the board shall require, 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 any public library or free library, as defined in
subdivision two of section two hundred fifty-three of the education
law.  Section two, Subdivision 4-a of section 65.10 of the penal law,
is amended by chapter 320 of the laws of 2006, stating the mandatory
condition of sex offenders.  Section three.  This act shall take
effect immediately.

 JUSTIFICATION :
Libraries are a place that families can bring their children to learn
and to participate in community activities.  Parents should not have
to worry about their safety and the safety of their children.  This
measure is necessary because it would prohibit a sex offender from
entering a library where they could use a public computer with
Internet access to communicate with children and adults with the
intention to do harm.  Another example why this bill is necessary, in
2008, the Commonwealth of Massachusetts, a Level 3 sex offender
sexually assaulted a six year old boy on the magazine aisle while his
mother was using one of the library computers.  The predator took the
victim into a quiet corner of the library room and raped him.  In
2001, this Level III suspect pleased guilty to indecent assault and
battery upon a child under fourteen years of age. He spent four years
in prison.  Prior to his release, police said three experts told a
judge that he was still sexually dangerous and should remain beyond
bars.  Nonetheless the judge released him into society.  This bill is
necessary because current state law prohibits a Level III sex offender
who is released on parole or conditionally released and who committed
their crime against a person under 18 years of age, knowingly entering
into or upon any school grounds or facilities or institutions that are
primarily used for the care or treatment of persons under the age of
eighteen. This legislation would add libraries to the list of places
that sex offenders cannot enter where children under the age of
eighteen congregate. This bill is necessary to protect our children
from being harmed by a sex offender. Our libraries should be a safe
haven for families not sexual predators.

 LEGISLATIVE HISTORY :
2009: S.728 - Referred to Codes/A.2944 - Referred to Codes.
2008: S.6907 - Passed Senate/A.10375 - Referred to Codes.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S728 (ACTIVE) - Bill Text download pdf

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

                                   728

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  executive law and the penal law, in relation to
  preventing certain  sex  offenders  who  are  released  on  parole  or
  sentenced  to  probation  from  entering  public,  association or free
  libraries

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

  Section  1.  Subdivision  14 of section 259-c of the executive law, as
amended by chapter 320 of the laws  of  2006,  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 ANY PUBLIC LIBRARY, ASSOCIATION  LIBRARY  OR
FREE  LIBRARY,  AS  DEFINED  IN  SUBDIVISION  TWO OF SECTION TWO HUNDRED
FIFTY-THREE OF THE EDUCATION LAW, or any other facility  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 regis-
tered student or participant or an employee of such facility or institu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05378-01-9

S. 728                              2

tion 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 parole officer 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 parole officer 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 2. 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:
  4-a.  Mandatory  conditions  for  sex  offenders.  (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 thir-
ty-five or two hundred sixty-three of this chapter, 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] 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 knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, OR ANY  PUBLIC  LIBRARY,  ASSOCIATION
LIBRARY  OR  FREE  LIBRARY, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
HUNDRED FIFTY-THREE OF THE EDUCATION  LAW,  or  any  other  facility  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 offen-
der is a registered student or participant or an employee of such facil-
ity 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.
  (b)  When  imposing  a  sentence of probation or conditional discharge
upon a person convicted of an offense for which registration  as  a  sex
offender is required pursuant to subdivision two or three of section one
hundred  sixty-eight-a  of  the  correction  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 offender pursuant to
subdivision six of section one hundred sixty-eight-l of  the  correction
law  or the internet was used to facilitate the commission of the crime,
the court shall require, as mandatory conditions of such sentence,  that
such  sentenced offender be 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 promot-
ing sexual relations with persons under the age of eighteen, and  commu-
nicate  with  a  person  under the age of eighteen when such offender is
over the age of eighteen, provided that the court may permit an offender
to use the internet to communicate with a person under the age of  eigh-
teen when such offender is the parent of a minor child and is not other-
wise  prohibited  from  communicating  with  such child. Nothing in this

S. 728                              3

subdivision shall be construed as restricting any other lawful condition
of supervision that may be imposed on such sentenced offender.  As  used
in this subdivision, a "commercial social networking website" shall mean
any  business,  organization  or  other  entity 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: (i) create web pages
or profiles that provide information about  themselves  where  such  web
pages  or  profiles  are available to the public or to other users; (ii)
engage in direct or real time communication with other users, such as  a
chat  room or instant messenger; and (iii) 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
enumerated herein.
  S 3. This act shall take effect immediately.

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