Senate Bill S493

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

                                   493

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the penal law, in relation to  prohibiting  certain  sex
  offenders  from entering a school bus or within one thousand feet of a
  school bus stop

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

  Section  1.  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  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  chap-
ter,  OR  ANY SCHOOL BUS, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF
THE VEHICLE AND TRAFFIC LAW, OR WITHIN ONE THOUSAND FEET OF A DESIGNATED
SCHOOL BUS STOP, DEFINED AS A REGULARLY OCCURRING STOP WHERE  PASSENGERS
ARE  DISCHARGED OR TAKEN ON, or any other facility or institution prima-
rily 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

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

                                                           LBD03320-01-9

S. 493                              2

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 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
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 2. This act shall take effect immediately.