|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 12, 2011||referred to codes|
senate Bill S1799
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1799 - Details
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
BILL NUMBER:S1799 TITLE OF BILL: An act to amend the penal law and the correction law, in relation to prohibiting sex offenders from residing within child day care centers PURPOSE: This bill would prohibit sex offenders from residing within a building used as a child day care center. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new subdivision 21 to the Penal Law that defines a "child day care center" and its boundaries. Section 2 of the bill amends subdivision 4-a of section 65.10 of the Penal Law to require a sentence of probation or conditional discharge upon a registered sex offender that such offender shall be prohibited from residing within a child day care center. Section 3 of the bill adds a new subdivision 19 to section 168-a of the Correction Law to define "child day care center" and its boundaries. Section 4 of the bill amends section 168-t of the Correction Law so that any registered sex offender who resides in a child day care
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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