S T A T E O F N E W Y O R K
________________________________________________________________________
6672
I N S E N A T E
January 25, 2010
___________
Introduced by Sen. MAZIARZ -- 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 executive law, in relation to
prohibiting certain sex offenders from entering in or upon school
grounds without a legitimate purpose
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 TWO OR 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, FOR THE REMAINDER OF HIS OR HER NATURAL LIFE, 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 WITHOUT A LEGITIMATE PURPOSE AS
DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT, 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 institu-
tion, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15263-01-0
S. 6672 2
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 2. 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 or such person has been designated a level TWO OR three sex
offender pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, is released on parole or condi-
tionally released pursuant to subdivision one or two of this section,
the board shall require, as a mandatory condition of such release, that
such sentenced offender shall refrain, FOR THE REMAINDER OF HIS OR HER
NATURAL LIFE, 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 WITHOUT A LEGITI-
MATE PURPOSE AS DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT,
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 officer 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 3. This act shall take effect on the sixtieth day after it shall
have become a law.