S T A T E   O F   N E W   Y O R K
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                                 3744--A
    Cal. No. 438

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens. LANZA, GALLIVAN -- 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 favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to amend the executive law and the  penal  law,  in  relation  to
  preventing  certain  sex  offenders  who  are  released  on  parole or
  sentenced to probation  from  entering  public,  association  or  free
  libraries

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

  Section 1. 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 PUBLIC LIBRARY, ASSOCIATION  LIBRARY  OR
FREE  LIBRARY,  AS  DEFINED  IN  SUBDIVISION  TWO OF SECTION TWO HUNDRED
FIFTY-THREE OF THE EDUCATION LAW, or any other facility  or  institution

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

                                                           LBD03691-04-2

S. 3744--A                          2

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 regis-
tered student or participant or an employee of such facility or institu-
tion  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 superinten-
dent 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.   Nothing in this subdivision shall be construed as restricting
any lawful  condition  of  supervision  that  may  be  imposed  on  such
sentenced offender.
  S  2. 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:
  4-a. Mandatory conditions for  sex  offenders.  (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  thir-
ty-five  or  two hundred sixty-three of this chapter, 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 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 PUBLIC LIBRARY, ASSOCIATION
LIBRARY OR FREE LIBRARY, AS DEFINED IN SUBDIVISION TWO  OF  SECTION  TWO
HUNDRED  FIFTY-THREE  OF  THE  EDUCATION  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  offen-
der is a registered student or participant or an employee of such facil-
ity  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 facili-
ty, institution or grounds, enter such  facility,  institution  or  upon
such  grounds for the limited purposes authorized by the probation offi-
cer 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.
  (b) 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 subdivision two or three of section one
hundred sixty-eight-a of the correction 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 offender  pursuant  to
subdivision  six  of section one hundred sixty-eight-l of the correction
law or the internet was used to facilitate the commission of the  crime,
the  court shall require, as mandatory conditions of such sentence, that
such sentenced offender be 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  promot-
ing  sexual relations with persons under the age of eighteen, and commu-
nicate with a person under the age of eighteen  when  such  offender  is

S. 3744--A                          3

over the age of eighteen, provided that the court may permit an offender
to  use the internet to communicate with a person under the age of eigh-
teen when such offender is the parent of a minor child and is not other-
wise  prohibited  from  communicating  with  such child. Nothing in this
subdivision shall be construed as restricting any other lawful condition
of supervision that may be imposed on such sentenced offender.  As  used
in this subdivision, a "commercial social networking website" shall mean
any  business,  organization  or  other  entity 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: (i) create web pages
or profiles that provide information about  themselves  where  such  web
pages  or  profiles  are available to the public or to other users; (ii)
engage in direct or real time communication with other users, such as  a
chat  room or instant messenger; and (iii) 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
enumerated herein.
  S 3. This act shall take effect immediately.