Assembly Bill A10815

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

                                  10815

                          I N  A S S E M B L Y

                            October 25, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
  read once and referred to the Committee on Correction

AN ACT to amend the correction law and the penal  law,  in  relation  to
  prohibiting  persons  required  to maintain registration under the sex
  offender registration act from entering into a children's section of a
  public library

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter  604  of  the  laws  of  2005  is relettered section 168-x and a new
section 168-w is added to read as follows:
  S 168-W. PROHIBITION FROM ENTERING A CHILDREN'S SECTION OF  A  PUBLIC,
ASSOCIATION  OR  FREE LIBRARY. ANY PERSON REQUIRED TO MAINTAIN REGISTRA-
TION UNDER THIS ARTICLE (SEX OFFENDER REGISTRATION  ACT)  SHALL  REFRAIN
FROM  ENTERING INTO OR UPON ANY AREA OR ROOM IN A PUBLIC, ASSOCIATION OR
FREE LIBRARY DESIGNATED AS A CHILDREN'S SECTION OR DESIGNED PRIMARILY TO
SERVE A POPULATION UNDER THE AGE OF EIGHTEEN.
  S 2. 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 of the correction law, the
court shall require, as a mandatory condition  of  such  sentence,  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 this chapter, OR ANY AREA  OR  ROOM  OF  A  PUBLIC,
ASSOCIATION  OR  FREE  LIBRARY  DESIGNATED  AS  A  CHILDREN'S SECTION OR
DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE OF  EIGHTEEN,  or
any  other facility or institution primarily used for the care or treat-

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

                                                           LBD16401-02-2

A. 10815                            2

ment 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 there-
with  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.  Nothing  in  this  subdivision  shall  be  construed as
restricting any lawful condition of supervision that may be  imposed  on
such sentenced offender.
  S 3. This act shall take effect immediately.