Senate Bill S6625

2009-2010 Legislative Session

Prohibits sex offenders from residing within a child day care center

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S6625 (ACTIVE) - Details

See Assembly Version of this Bill:
A10254
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 65.10, Pen L; amd §§168-a & 168-t, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S1799, A2923

2009-S6625 (ACTIVE) - Summary

Prohibits sex offenders from residing within a child day care center; violation of such prohibition shall be a class E felony upon the first conviction thereof and a class D felony upon a second or subsequent conviction.

2009-S6625 (ACTIVE) - Sponsor Memo

2009-S6625 (ACTIVE) - Bill Text download pdf

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

                                  6625

                            I N  S E N A T E

                            January 20, 2010
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed 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.
  S  3.  Section  168-a of the correction law is amended by adding a new
subdivision 19 to read as follows:
  19. "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

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

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