senate Bill S4560A

2011-2012 Legislative Session

Prohibits level three sex offenders from living in college housing

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2012 referred to correction
delivered to assembly
passed senate
Apr 25, 2012 amended on third reading 4560a
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.439
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 15, 2011 referred to correction
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1233
Jun 13, 2011 committee discharged and committed to rules
Apr 12, 2011 referred to crime victims, crime and correction

Votes

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Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S4560
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 14, 2011 - Rules committee Vote

S4560
22
1
committee
22
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4560 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-f & 168-t, Cor L; amd §65.10, Pen L; amd §259-c, Exec L

S4560 - Bill Texts

view summary

Prohibits level three sex offenders from living in college housing.

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BILL NUMBER:S4560

TITLE OF BILL:
An act
to amend the correction law, the penal law and the executive law, in
relation to prohibiting level three sex offenders from living in
college housing

PURPOSE:
This bill is intended to protect college students from dangerous sex
offenders who may be residing in college dormitories with them.

SUMMARY OF PROVISIONS:
Section 168-f of the Correction Law is amended to prohibit level 3 sex
offenders from residing in student housing on the campus of any
institution of higher education. Section 168-t of the correction Law
is amended to make it a crime for any sex offender to violate such
prohibition.
Section 65.10 of the Penal law makes the same prohibition on level 3
sex offenders as a condition of probation. Section 259-c of the
Executive law is amended to make the same prohibition as a condition
of parole for level 3 sex offenders.

JUSTIFICATION:
Students in college housing generally live in very close quarters,
keep different hours and are often living on their own for the first
time in their lives. In many respects, their safety is compromised
when they share living space with people they do not know anything
about.

According to the U.S. Department of Education, in 2004, there were
2,673 sex offenses and 3,009 assaults on college campuses. These
numbers include only those cases that have been reported and most
likely comprise only a portion of all sexual assaults on campuses.
Yet they still signify an unacceptable rate and require that as a
legislature, we need to take whatever measures we can to provide a
greater degree of safety for our students.

Recent cases of sex offenders discovered residing on college campuses
is enough reason for us to add college housing to the places sex
offenders should not be residing.

LEGISLATIVE HISTORY:
2008 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  4560

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, the penal law and the executive law,
  in  relation  to  prohibiting level three sex offenders from living in
  college housing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
correction law, as amended by chapter 10 of the laws of 2003, is amended
to read as follows:
  (b-1) If the sex offender has been given a  level  three  designation,
such offender shall sign the verification form, and state that he or she
still is employed at the address last reported to the division. IF A SEX
OFFENDER  HAS  BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER SHALL
NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION.
  S 2. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender required to register or  to  verify
pursuant  to  the  provisions  of  this article who fails to register or
verify in the manner and within the time periods provided  for  in  this
article  shall  be  guilty  of  a class E felony upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v of this article  OR  THE
PROVISIONS  OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED
SIXTY-EIGHT-F OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING  IN
STUDENT  HOUSING  OF ANY INSTITUTION OF HIGHER EDUCATION shall be guilty
of a class A misdemeanor upon conviction for the first offense, and upon
conviction for a second or subsequent offense shall be guilty of a class
D felony. Any such failure to register or verify may also be  the  basis

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10780-02-1

S. 4560                             2

for revocation of parole pursuant to section two hundred fifty-nine-i of
the  executive  law or the basis for revocation of probation pursuant to
article four hundred ten of the criminal procedure law.
  S  3.  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 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 from  know-
ingly  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, 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 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 chief officer. IF A
SEX  OFFENDER  HAS  BEEN  GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
TION.  Nothing in this subdivision shall be construed as restricting any
lawful condition of supervision that may be imposed  on  such  sentenced
offender.
  S  4. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of C of chapter 62 of the laws of 2011,  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 three sex offen-
der pursuant to subdivision six of section one hundred sixty-eight-l  of
the  correction  law,  is  released  on parole or conditionally 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 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,
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

S. 4560                             3

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. IF
A  SEX  OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
TION.  Nothing in this subdivision shall be construed as restricting any
lawful condition of supervision that may be imposed  on  such  sentenced
offender.
  S 5. This act shall take effect immediately.

S4560A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-f & 168-t, Cor L; amd §65.10, Pen L; amd §259-c, Exec L

S4560A (ACTIVE) - Bill Texts

view summary

Prohibits level three sex offenders from living in college housing.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4560--A
    Cal. No. 439

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  from said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the correction law, the penal law and the executive law,
  in relation to prohibiting level three sex offenders  from  living  in
  college housing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b-1) of subdivision 2 of section  168-f  of  the
correction  law,  as  amended  by  chapter  532  of the laws of 2011, is
amended to read as follows:
  (b-1) If the sex offender has been given a level two or  three  desig-
nation,  such  offender shall sign the verification form, and state that
he or she still is employed at the address last reported  to  the  divi-
sion.   IF A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH
OFFENDER SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGH-
ER EDUCATION.
  S 2. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender required to register or  to  verify
pursuant  to  the  provisions  of  this article who fails to register or
verify in the manner and within the time periods provided  for  in  this
article  shall  be  guilty  of  a class E felony upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v of this article  OR  THE
PROVISIONS  OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10780-03-2

S. 4560--A                          2

SIXTY-EIGHT-F OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING  IN
STUDENT  HOUSING  OF ANY INSTITUTION OF HIGHER EDUCATION shall be guilty
of a class A misdemeanor upon conviction for the first offense, and upon
conviction for a second or subsequent offense shall be guilty of a class
D  felony.  Any such failure to register or verify may also be the basis
for revocation of parole pursuant to section two hundred fifty-nine-i of
the executive law or the basis for revocation of probation  pursuant  to
article four hundred ten of the criminal procedure law.
  S  3.  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 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 from  know-
ingly  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, 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 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 chief officer. IF A
SEX  OFFENDER  HAS  BEEN  GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
TION.  Nothing in this subdivision shall be construed as restricting any
lawful condition of supervision that may be imposed  on  such  sentenced
offender.
  S  4. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
2011, 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 three sex offen-
der pursuant to subdivision six of section one hundred sixty-eight-l  of
the  correction  law,  is  released  on parole or conditionally 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 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,

S. 4560--A                          3

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. IF
A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH  OFFENDER
SHALL  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCA-
TION. Nothing in this subdivision shall be construed as restricting  any
lawful  condition  of  supervision that may be imposed on such sentenced
offender.
  S 5. This act shall take effect immediately.

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