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

download bill text pdf

Sponsored By

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

view actions (8)
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

Co-Sponsors

S6090 - Details

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

S6090 - 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.

S6090 - Sponsor Memo

S6090 - Bill Text download pdf

                    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) - Details

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

S6090A (ACTIVE) - 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.

S6090A (ACTIVE) - Sponsor Memo

S6090A (ACTIVE) - Bill 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

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