NY State Senate Bill 2009-S6672

Senate Bill S6672

2009-2010 Legislative Session

Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2010	referred to codes

2009-S6672 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §65.10, Pen L; amd §259-c, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S507

2009-S6672 (ACTIVE) - Summary

Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose as determined by the office of sex offender management.

2009-S6672 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6672

 TITLE OF BILL :
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


 PURPOSE :
This bill amends the penal law and the executive law to prohibit those
who are designated as level two sex offenders, whose victims were
under the age of eighteen at the time of the offense, to knowingly
enter school grounds or any other facility or institution designed for
the care of treatment of those under the age of eighteen, for the
remainder of his or her natural life, except when there is a
legitimate purpose for such entry, which is determined by the office
of sex offender management, in order to protect the safety of
children.

 SUMMARY OF PROVISIONS :
Section 1 amends paragraph (a) of subdivision 4-a of section 65.10 of
the penal law, stating that when the court is imposing a sentence of
probation or conditional discharge upon a person who is convicted
under article 130, 235 or 263 or section 255.25, 255.26 or 255.27 of
this chapter and their victim is under the age of eighteen at the time
of the offense, if a person has been designated as a level two or

three sex offender, the court shall require that the offender refrain
for the remainder of their natural life from knowingly enter on school
grounds or other facilities or institutions that care or treat those
under the age of eighteen without a legitimate purpose, which shall be
determined by the office of sex offender management. Section 2 amends
subdivision 14 of section 259-c of the executive law, stating that
where a person is serving a sentence for an offense defined in article
130, 135 or 263 or section 255.25, 255.26 or 255.27 of the penal law
where the victim was under the age of eighteen at the time of the
offense, and he or she has been designated a level two or three sex
offender, the board shall require as a mandatory condition upon
release, that the person refrains for the remainder of his or her
natural life from knowingly entering school grounds or any other
facility or institutions that primarily cares or treats persons under
the age' eighteen without a legitimate purpose as determined by the
office of sex offender management.

 JUSTIFICATION :
Currently, both sections of the penal law and executive law only
require restrictions upon those who are classified as level three sex
offenders from knowingly entering upon school grounds. The law allows
those that are level two sex offenders, once they are off probation or
conditionally discharged to enter upon school grounds or
facilities/institutions that care for youth without any restrictions,
despite the fact that the victims of their charged offense were under
the age of eighteen at the time the crime was committed.

This bill would restrict both level two and three sex offenders from
knowingly entering upon school grounds or those
facilities/institutions that care for those under the age of eighteen
without a legitimate purpose. The legitimate purpose would be
determined by the office of sex offender management. This bill
provides for the continued safety for children on school grounds and
when they are in a facility or institution that is caring or treating
for them.

 BILL HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill shall take effect on the sixtieth day after it shall have
become a law.

2009-S6672 (ACTIVE) - Bill Text download pdf

                            
                    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.

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