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