senate Bill S6090A

2011-2012 Legislative Session

Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer

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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 22, 2012 referred to codes
delivered to assembly
passed senate
May 15, 2012 amended on third reading 6090a
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.425
Jan 04, 2012 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6090 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.80, Pen L

S6090 - Bill Texts

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Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime.

view sponsor memo
BILL NUMBER:S6090

TITLE OF BILL:
An act
to amend the penal law, in relation to restricting the right of an
offender to use a computer in prison or access the internet if such
offender has been convicted of certain sex offenses and used a computer
in connection with the planning or execution of his or her crime

PURPOSE:
This legislation will restrict a convicted felony sex offender, or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. This bill will also
prohibit a convicted felony sex offender, or violent sex offender
from using a computer unless supervised and accessing the internet
for any purpose other than performing research or other tasks
associated with such person's legal defense or participation in an
education program or class that has been approved

SUMMARY OF PROVISIONS:
Section One - amends 70.80 of the penal law by adding subdivision 10
to state whenever an offender convicted of a felony sex offense, or a
violent felony sex offense has utilized a computer or the internet in
the planning or execution of the crime, the sentence imposed will
include a restriction on the right of the offender to use computers
and access the internet while serving their imposed sentence. The
restrictions will prohibit the offender from utilizing computers
unless supervised by the department of corrections and from accessing
the internet for any purpose other than performing research or other
tasks associated with the person's legal defense or participation in
an education program or class approved by the department of
corrections or for communicating with the offender's family members.
The offender will be restricted from communicating with the victims.
The offender will be restricted from utilizing all social networking
sites during the duration of the offender's time in detention.

JUSTIFICATION:
With the advancement in technology, sexual predators have expanded
their ability to contact and deceive their victims. The use of
e-mail, chat-rooms, and more recently, social networking has given
these sexual predators easy access to hundreds of thousands people.
This legislation will restrict a convicted felony sex offender, or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. An offender should
not be given the use of a too) that helped them commit the crime in
which they are in detention for.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This law will take effect on the ninetieth day after it shall have
become law.

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

                                  6090

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens. BALL, LANZA, LARKIN, RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT  to amend the penal law, in relation to restricting the right of
  an offender to use a computer in prison or access the internet if such
  offender has been convicted of certain sex offenses and used a comput-
  er in connection with the planning or execution of his or her crime

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

  Section  1.  Section 70.80 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. WHENEVER AN OFFENDER CONVICTED OF A FELONY SEX OFFENSE, AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION OR A VIOLENT  FELONY
SEX  OFFENSE,  AS  DEFINED  IN  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, UTILIZED  A  COMPUTER  OR  THE  INTERNET  IN  THE  PLANNING  OR
EXECUTION  OF  THE OFFENSE, THE DETERMINATE SENTENCE IMPOSED PURSUANT TO
ANY SECTION  OF  THIS  ARTICLE,  SHALL  INCLUDE  AS  A  PART  THEREOF  A
RESTRICTION ON THE RIGHT OF THE OFFENDER TO USE COMPUTERS AND ACCESS THE
INTERNET  WHILE  SERVING  THE  IMPOSED  SENTENCE. SUCH RESTRICTION SHALL
PROHIBIT THE OFFENDER FROM  UTILIZING  COMPUTERS  UNLESS  SUPERVISED  BY
PERSONNEL  OF  THE  DEPARTMENT  OF  CORRECTIONS,  AND FROM ACCESSING THE
INTERNET FOR ANY PURPOSE OTHER THAN PERFORMING RESEARCH OR  OTHER  TASKS
ASSOCIATED  WITH  SUCH  PERSON'S  LEGAL  DEFENSE  OR PARTICIPATION IN AN
EDUCATION PROGRAM OR CLASS APPROVED BY THE DEPARTMENT OF CORRECTIONS  OR
FOR COMMUNICATING WITH THE OFFENDER'S FAMILY MEMBERS; PROVIDED, HOWEVER,
THAT THE OFFENDER SHALL BE RESTRICTED FROM COMMUNICATING WITH ANY OF HIS
OR  HER  VICTIMS. THE OFFENDER SHALL BE RESTRICTED FROM UTILIZING SOCIAL
NETWORKING  SITES  DURING  THE  DURATION  OF  THE  OFFENDER'S  TIME   IN
DETENTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13408-01-1

Co-Sponsors

S6090A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.80, Pen L

S6090A (ACTIVE) - Bill Texts

view summary

Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime.

view sponsor memo
BILL NUMBER:S6090A

TITLE OF BILL:
An act
to amend the penal law, in relation to restricting the right of an
offender to use a computer in prison or access the internet if such
offender has been convicted of certain sex offenses and used a computer
in connection with the planning or execution of his or her crime

PURPOSE:
This legislation will restrict a convicted felony sex offender, or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. This bill will also
prohibit a convicted felony sex offender, or violent sex offender
from using a computer unless supervised and accessing the internet
for any purpose other than performing research or other tasks
associated with such person's legal defense or participation in an
education program or class that has been approved.

SUMMARY OF PROVISIONS:
Section One - amends section 70.80 of the penal law by adding a new
subdivision 10 to state whenever an offender convicted of a felony
sex offense, as defined in paragraph (a) of subdivision one of this
section, or a violent felony sexual offense, utilizing a computer of
the internet in the planning or execution of the offense, the court
shall require, as mandatory conditionals of the sentence therefore,
that such sentenced offender by prohibited from using the internet to
access pornographic material, access a commercial social networking
website, communicate with other individuals or groups for the purpose
of promoting sexual relations with persons under the age of eighteen,
and communicate with any person under the age of eighteen when such
offender is over the age of eighteen, provided that the court may
permit such an offender to use the internet to communicate with a
person under the age of eighteen when such offender is the parent of
a minor child and is not otherwise prohibited from communication with
such child. "Commercial Social Networking Website" is defined as any
business, organization or other entity operating a website that
permits persons under eighteen of years of age to be registered users
for the purpose of establishing
personal relationship with other users, where person under
eighteen years of age may create web pages or profiles available to
the public or to other users, engage in direct of real time
communication with other users, engaged, such as chat room or instant
messenger and communicate with persons over eighteen years of age,
provided however, that for purposes of this subdivision, a commercial
social networking website shall not include a website that permits
users to engage in such other activities as are not specified in the
subdivision.

Section Two - This act shall take effect on the ninetieth day after it
shall have become law.

JUSTIFICATION:
With the advancement in technology. sexual predators have expanded
their ability to contact and deceive their victims. The use of
e-mail, chat-rooms, and more recently, social networking has given


these sexual predators easy access to hundreds of thousand people.
This legislation will restrict a convicted felony sex offender or
violent sex offender from utilizing any social network site during
the duration of the offender's time in detention. An offender should
not be given the use of a tool that helped them commit the crime in
which they are in detention for.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

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

                                 6090--A
    Cal. No. 425

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens. BALL, LANZA, LARKIN, RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably 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 penal law, in relation to restricting the right of
  an offender to use a computer in prison or access the internet if such
  offender has been convicted of certain sex offenses and used a comput-
  er in connection with the planning or execution of his or her crime

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

  Section  1.  Section 70.80 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. WHENEVER AN OFFENDER CONVICTED OF A FELONY SEX OFFENSE, AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR A VIOLENT FELONY
SEX OFFENSE, AS DEFINED IN PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  UTILIZED  A  COMPUTER  OR  THE  INTERNET  IN  THE  PLANNING OR
EXECUTION OF SUCH OFFENSE, THE COURT SHALL REQUIRE, AS MANDATORY  CONDI-
TIONS  OF THE SENTENCE THEREFOR, THAT SUCH SENTENCED OFFENDER BE PROHIB-
ITED FROM USING THE INTERNET TO ACCESS PORNOGRAPHIC MATERIAL,  ACCESS  A
COMMERCIAL SOCIAL NETWORKING WEBSITE, COMMUNICATE WITH OTHER INDIVIDUALS
OR  GROUPS  FOR  THE  PURPOSE OF PROMOTING SEXUAL RELATIONS WITH PERSONS
UNDER THE AGE OF EIGHTEEN, AND COMMUNICATE WITH ANY PERSON UNDER THE AGE
OF EIGHTEEN WHEN SUCH OFFENDER IS OVER THE  AGE  OF  EIGHTEEN,  PROVIDED
THAT THE COURT MAY PERMIT SUCH AN OFFENDER TO USE THE INTERNET TO COMMU-
NICATE WITH A PERSON UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS THE
PARENT OF A MINOR CHILD AND IS NOT OTHERWISE PROHIBITED FROM COMMUNICAT-
ING  WITH  SUCH CHILD. AS USED IN THIS SUBDIVISION, A "COMMERCIAL SOCIAL
NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS, ORGANIZATION OR OTHER ENTI-
TY OPERATING A WEBSITE THAT PERMITS PERSONS UNDER EIGHTEEN YEARS OF  AGE
TO  BE  REGISTERED  USERS  FOR  THE  PURPOSE  OF  ESTABLISHING  PERSONAL
RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS UNDER EIGHTEEN  YEARS
OF  AGE  MAY  (A)  CREATE WEB PAGES OR PROFILES THAT PROVIDE INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13408-04-2

S. 6090--A                          2

ABOUT THEMSELVES WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE  TO  THE
PUBLIC  OR  TO  OTHER  USERS; (B) ENGAGE IN DIRECT OR REAL TIME COMMUNI-
CATION WITH OTHER USERS, SUCH AS A CHAT ROOM OR INSTANT  MESSENGER;  AND
(C)  COMMUNICATE  WITH  PERSONS  OVER  EIGHTEEN  YEARS OF AGE; PROVIDED,
HOWEVER, THAT, FOR PURPOSES OF THIS  SUBDIVISION,  A  COMMERCIAL  SOCIAL
NETWORKING  WEBSITE  SHALL  NOT  INCLUDE A WEBSITE THAT PERMITS USERS TO
ENGAGE IN SUCH OTHER ACTIVITIES AS ARE NOT SPECIFIED  IN  THIS  SUBDIVI-
SION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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