S T A T E O F N E W Y O R K
________________________________________________________________________
1091
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, ERRIGO, KOLB, SPANO -- Multi-Sponsored
by -- M. of A. THIELE -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law and the executive law, in relation to
prohibiting sex offenders and violent felony offenders placed on
conditional release or parole from entering upon school grounds or
other facilities where children are cared for
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known as and may be cited as
"Carlie's law".
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 AND VIOLENT FELONY OFFEN-
DERS. (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] A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
SECTION 70.02 OF THIS TITLE 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 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 registered student or participant or an employee
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01351-01-9
A. 1091 2
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 authorization of his or her probation
officer or the court 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
probation officer 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] A
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THIS TITLE 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 promoting sexual relations with persons under the age of
eighteen, and communicate 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 eighteen when such offender is the parent of a minor
child and is not otherwise prohibited from communicating with such
child. Nothing in this 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 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: (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 communi-
cation 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. 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], A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
SECTION 70.02 OF THE PENAL LAW 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, 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
A. 1091 3
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 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 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 authorization of his or her parole offi-
cer 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 subdivision shall be
construed as restricting any lawful condition of supervision that may be
imposed on such sentenced offender.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.