senate Bill S1799

2011-2012 Legislative Session

Prohibits sex offenders from residing within a child day care center

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 12, 2011 referred to codes

S1799 - Details

See Assembly Version of this Bill:
A2923
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 2009-2010 Legislative Session:
S6625, A10254

S1799 - 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.

S1799 - Sponsor Memo

S1799 - Bill Text download pdf

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

                                  1799

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02937-01-1

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