BILL NUMBER:A10254
TITLE OF BILL: An act to amend the penal law and the correction law, in
relation to prohibiting sex offenders from residing within child day
care centers
PURPOSE: This bill would prohibit sex offenders from residing within a
building used as a child day care center.
SUMMARY OF PROVISIONS: Section 1 of the bill adds a new subdivision 21
to the Penal Law that defines a "child day care center" and its bounda-
ries.
Section 2 of the bill amends subdivision 4-a of section 65.10 of the
Penal Law to require a sentence of probation or conditional discharge
upon a registered sex offender that such offender shall be prohibited
from residing within a child day care center.
Section 3 of the bill adds a new subdivision 19 to section 168-a of the
Correction Law to define "child day care center" and its boundaries.
Section 4 of the bill amends section 168-t of the Correction Law so that
any registered sex offender who resides in a child day care center shall
be guilty of a class E felony.
Section 5 of the bill creates a new section 168-w to the Correction Law
S T A T E O F N E W Y O R K
________________________________________________________________________
10254
I N A S S E M B L Y
March 12, 2010
___________
Introduced by M. of A. SWEENEY, ABBATE, HOOPER, JOHN, GALEF, KOON,
DelMONTE, CHRISTENSEN, N. RIVERA, SPANO, JAFFEE, WEISENBERG, MARKEY,
MAISEL, HIKIND, LANCMAN, GUNTHER, BENEDETTO, FIELDS, GIBSON, CRESPO,
MOLINARO, RAIA -- Multi-Sponsored by -- M. of A. CARROZZA, MAGEE,
THIELE, TITONE, TOWNS -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law and the correction law, in relation to
prohibiting sex offenders from residing within child day care centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 21 to read as follows:
21. "CHILD DAY CARE CENTER" MEANS ANY BUILDING, STRUCTURE, ATHLETIC
PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY
BOUNDARY LINE OF A PROGRAM OR FACILITY CARING FOR CHILDREN FOR MORE THAN
THREE HOURS PER DAY PER CHILD IN WHICH CHILD DAY CARE IS PROVIDED BY A
CHILD DAY CARE PROVIDER, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES
LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP FAMILY DAY CARE HOME,
AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A FAMILY DAY CARE HOME,
AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, AND A SCHOOL AGE CHILD
CARE PROGRAM, AS SUCH TERM IS DEFINED IN PARAGRAPH (F) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
S 2. Subdivision 4-a of section 65.10 of the penal law is amended by
adding a new paragraph (c) to read as follows:
(C) 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 ARTICLE SIX-C OF THE CORRECTION LAW,
THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT
SUCH SENTENCED OFFENDER SHALL REFRAIN FROM RESIDING WITHIN A CHILD DAY
CARE CENTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15148-01-9
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