S T A T E O F N E W Y O R K
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S. 2446 A. 5773
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
February 20, 2009
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IN SENATE -- Introduced by Sens. LAVALLE, ALESI, BONACIC, FLANAGAN,
MAZIARZ, MORAHAN, SKELOS, WINNER -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. ALESSI, EDDINGTON, ALFANO --
Multi-Sponsored by -- M. of A. BARRA -- 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 knowingly entering certain areas
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 three
new subdivisions 21, 22 and 23 to read as follows:
21. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY AREA ACCESSIBLE TO
THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDA-
RY LINE COMPRISING ANY SUCH SCHOOL, OR (C) WITHIN ANY COUNTY NOT WHOLLY
CONTAINED WITHIN A CITY, ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITH-
IN ONE THOUSAND FIVE HUNDRED FEET OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES OF THIS SECTION AN "AREA
ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS,
PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
22. "CHILD DAY CARE CENTER" MEANS (A) IN OR ON OR WITHIN 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08970-01-9
S. 2446 2 A. 5773
THE SOCIAL SERVICES LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP
FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDI-
VISION 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 SUBDI-
VISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW,
AND A SCHOOL-AGE CHILD CARE PROGRAM, AS SUCH TERM IS DEFINED IN PARA-
GRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE
SOCIAL SERVICES LAW, OR (B) IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND
FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH CHILD DAY
CARE CENTER, OR (C) WITHIN ANY COUNTY NOT WHOLLY CONTAINED WITHIN A
CITY, ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FIVE
HUNDRED FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH
CHILD DAY CARE CENTER. FOR THE PURPOSE OF THIS SECTION AN "AREA ACCESSI-
BLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS,
PLAYGROUNDS, STORES AND RESTAURANTS.
23. "PLACE WHERE CHILDREN CONGREGATE" MEANS (A) IN OR ON OR WITHIN ANY
BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND
CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PROGRAM OR FACILI-
TY MAINTAINED PRIMARILY TO ATTRACT, ENTERTAIN, BENEFIT OR OTHERWISE
BRING TOGETHER CHILDREN UNDER THE AGE OF EIGHTEEN, OR (B) IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, ANY AREA ACCESSIBLE TO THE PUBLIC
LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY SUCH PROGRAM OR FACILITY, OR (C) WITHIN ANY COUNTY NOT
WHOLLY CONTAINED WITHIN A CITY, ANY AREA ACCESSIBLE TO THE PUBLIC
LOCATED WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE REAL PROPERTY BOUN-
DARY LINE COMPRISING ANY SUCH PROGRAM OR FACILITY. FOR THE PURPOSES OF
THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS,
STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
S 2. 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] 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 know-
ingly entering into or upon any school grounds, as that term is defined
in subdivision [fourteen] TWENTY-ONE of section [220.00] 10.00 of this
chapter, OR ANY CHILD DAY CARE CENTER, AS THAT TERM IS DEFINED IN SUBDI-
VISION TWENTY-TWO OF SECTION 10.00 OF THIS CHAPTER, OR ANY PLACE WHERE
CHILDREN CONGREGATE, AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-THREE
OF SECTION 10.00 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 regis-
tered student or participant or an employee of such facility or institu-
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 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
S. 2446 3 A. 5773
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.
S 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
S 168-W. PROHIBITION ON ENTERING SCHOOL GROUNDS, CHILD DAY CARE
CENTER OR ANY PLACE WHERE CHILDREN CONGREGATE. ANY PERSON REGISTERED
PURSUANT TO THIS ARTICLE SHALL REFRAIN FROM KNOWINGLY ENTERING INTO OR
UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-
ONE OF SECTION 10.00 OF THE PENAL LAW, OR ANY CHILD DAY CARE CENTER, AS
THAT TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE
PENAL LAW, OR ANY PLACE WHERE CHILDREN CONGREGATE, AS THAT TERM IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW.
S 4. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
S 168-t. Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article who fails to register or
verify in the manner and within the time periods provided for in this
article shall be guilty of a class E felony upon conviction for the
first offense, and upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v of this article OR WHO
VIOLATES THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS
ARTICLE shall be guilty of a class A misdemeanor upon conviction for the
first offense, and upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any such failure to register or
verify may also be the basis for revocation of parole pursuant to
section two hundred fifty-nine-i of the executive law or the basis for
revocation of probation pursuant to article four hundred ten of the
criminal procedure law.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.