Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.
BILL NUMBER:A10519
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of unlawfully residing or entering upon school grounds
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit certain persons who are required to register as sex offen-
ders from residing or entering upon school grounds during the period of
time such persons are required to register and verify pursuant to
Correction Law section 168-h.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new section 130.82 to the Penal Law to create the
crime of "Unlawfully Residing or Entering Upon School Grounds in the
Second Degree", a class A misdemeanor, when a registered sex offender
whose victim was under the age of 18 or any Level 3 sex offenders
resides or enters upon school grounds as defined in section 220.00 (14)
of Penal Law, during the period of time such person is required to
register and verify under the Sex Offender Registration Act. Section
220.00 (14) of Penal Law defines "school grounds" as in or on or within
any building, structure, athletic playing field, playground or land
contained within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high, vocational, or high
school, or (b) any area accessible to the public located within one
thousand feet of the real property boundary line comprising any such
S T A T E O F N E W Y O R K
________________________________________________________________________
10519
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO, BARCLAY, CROUCH, KOLB, QUINN, RAIA --
Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BALL, CONTE, DUPREY,
FINCH, HAWLEY, McKEVITT, J. MILLER, OAKS, O'MARA, REILICH, SAYWARD,
SPANO, THIELE, TOWNSEND -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to establishing the offense
of unlawfully residing or entering upon school grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 130.82
and 130.83 to read as follows:
S 130.82 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL
GROUNDS IN THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF AN OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY-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 ONE
HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW, HE OR SHE KNOWINGLY RESIDES
WITHIN, OR ENTERS INTO OR UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDI-
VISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, DURING THE PERIOD OF
TIME HE OR SHE IS REQUIRED TO REGISTER AND VERIFY PURSUANT TO SECTION
ONE HUNDRED SIXTY-EIGHT-H OF THE CORRECTION LAW.
IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING
OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE DEFENDANT
(1) IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH SCHOOL
GROUNDS, OR HAS A FAMILY MEMBER ENROLLED IN A SCHOOL UPON SUCH SCHOOL
GROUNDS, AND (2) ENTERED UPON SUCH SCHOOL GROUNDS FOR THE LIMITED
PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH
SCHOOL.
UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND
DEGREE IS A CLASS A MISDEMEANOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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