Senate Bill S507A

2011-2012 Legislative Session

Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2012	print number 507a
Jan 18, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jan 05, 2011	referred to codes

Bill Amendments

co-Sponsors

2011-S507 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §65.10, Pen L; amd §259-c, Exec L
Versions Introduced in 2009-2010 Legislative Session:: S6672

2011-S507 - Summary

Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose as determined by the office of sex offender management.

2011-S507 - Sponsor Memo

                                BILL NUMBER:S507

TITLE OF BILL:
An act
to amend the penal law and the executive law, in relation to prohibiting
certain sex offenders from entering in or upon school grounds without a
legitimate purpose

PURPOSE:
This bill amends the penal law and the executive law to
prohibit those who are designated as level two sex offenders, whose
victims were under the age of eighteen at the time of the offense, to
knowingly enter school grounds or any other facility or institution
designed for the care of treatment of those under the age of eighteen,
for the remainder of his or her natural life, except when there is a
legitimate purpose for such entry, which is determined by the office
of sex offender management, in order to protect the safety of children.

SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a)
of subdivision
4-a of section 65.10 of the penal law, stating that when the court
is imposing a sentence of probation or conditional discharge upon a
person who is convicted under article 130, 235 or 263 or section
255.25, 255.26 or 255.27 of this chapter and their victim is under the
age of eighteen at the time of the offense, if a person has been

designated as a level two or three sex offender, the court shall
require that the offender refrain for the remainder of their natural
life from knowingly enter on school grounds or other facilities or
institutions that care or treat those under the age of eighteen
without a legitimate purpose, which shall be determined by the office
of sex offender management. Section 2 amends subdivision 14 of
section 259-c of the executive law, stating that where a person is
serving a sentence for an offense defined in article 130, 135 or 263
or section 255.25, 255.26 or 255.27 of the penal law where the victim
was under the age of eighteen at the time of the offense, and he or
she has been designated a level two or three sex offender, the board
shall require as a mandatory condition upon release, that the person
refrains for the remainder of his or her
natural life from knowingly entering school grounds or any other
facility or institutions that primarily cares or treats persons under
the age' eighteen without a legitimate purpose as determined by the
office of sex offender management.

JUSTIFICATION:
Currently, both sections of the penal law and executive
law only require restrictions upon those who are classified as level
three sex offenders from knowingly entering
upon school grounds. The law allows those that are level two sex
offenders, once they are off probation or conditionally discharged to
enter upon school grounds or facilities/institutions that care for
youth without any restrictions, despite the fact that the victims of
their charged offense were under the age of eighteen at the time the
crime was committed.


This bill would restrict both level two and three sex offenders from
knowingly entering upon school grounds or those
facilities/institutions that care for those under the age of eighteen
without a legitimate purpose. The legitimate purpose would be
determined by the office of sex offender management. This bill
provides for the continued safety for children on school grounds and
when they are in a facility or institution that is caring or treating
for them.

BILL HISTORY:
S.6672 of 2009-2010; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.

2011-S507 - Bill Text download pdf

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

                                   507

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  prohibiting certain sex offenders from  entering  in  or  upon  school
  grounds without a legitimate purpose

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

  Section 1. 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 TWO OR 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, FOR THE REMAINDER OF HIS OR HER NATURAL  LIFE,  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  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 WITHOUT A LEGITIMATE PURPOSE AS
DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT,  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  institu-

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

                                                           LBD01184-01-1

S. 507                              2

tion, 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  2. Subdivision 14 of section 259-c of the executive law, as amended
by chapter 320 of the laws of 2006, 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 TWO OR three sex
offender   pursuant   to   subdivision   six   of  section  one  hundred
sixty-eight-l of the correction law, is released  on  parole  or  condi-
tionally  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, FOR THE REMAINDER OF HIS OR HER
NATURAL LIFE, 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 WITHOUT A  LEGITI-
MATE  PURPOSE  AS  DETERMINED  BY THE OFFICE OF SEX OFFENDER MANAGEMENT,
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.
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 on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

2011-S507A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §65.10, Pen L; amd §259-c, Exec L
Versions Introduced in 2009-2010 Legislative Session:: S6672

2011-S507A (ACTIVE) - Summary

Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose as determined by the office of sex offender management.

2011-S507A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S507A

TITLE OF BILL:
An act
to amend the penal law and the executive law, in relation to prohibiting
certain sex offenders from entering in or upon school grounds without a
legitimate purpose

PURPOSE:
This bill amends the penal law and the executive law to prohibit those
who are designated as level two sex offenders, whose victims were
under the age of eighteen at the time of the offense, to knowingly
enter school grounds or any other facility or institution designed
for the care of treatment of those under the age of eighteen, for the
remainder of his or her natural life, except when there is a
legitimate purpose for Such entry, which is determined by the office
of sex offender management, in order to protect the safety of children.

SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 4-a of section 65.10 of
the penal law, stating that when the court is imposing a sentence of
probation or conditional discharge upon a person who is convicted
under article 130, 235 or 263 or section 255.25, 255.26 or 255.27 of
this chapter and their victim is under the age of eighteen at the
time of the offense, if a person has been designated as a level two
or three sex offender, the court shall require that the offender

refrain for the remainder of their natural life from knowingly enter
on school grounds or other facilities or institutions that care or
treat those under the age of eighteen without a legitimate purpose,
which shall be determined by the office of sex offender management.
Section 2 amends subdivision 14 of section 259-c of the
executive.law, stating that where a person is serving a sentence for
an offense defined in article 130, 135 or 263 or section 255.25,
255.26 or 255.27 of the penal law where the victim was under the age
of eighteen at the time of the offense, and he or she has been
designated a level two or three sex offender, the board shall require
as a mandatory condition upon release, that the person refrains for
the remainder of his or her natural life from
knowingly entering school grounds or any other facility or
institutions that primarily cares or treats persons under the age
eighteen without a legitimate purpose as determined by the office of
sex offender management.

JUSTIFICATION:
Currently, both sections of the penal law and executive law only
require restrictions upon those who are classified as level three sex
offenders from knowingly entering upon school grounds. The law allows
those that are level two sex offenders, once they are off probation
or conditionally discharged to enter upon school grounds or
facilities/institutions that care for youth without any restrictions,
despite the fact that the victims of their charged offense were under
the age of eighteen at the time the crime was committed.

This bill would restrict both level two and three sex offenders from
knowingly entering upon school grounds or those
facilities/institutions that care for those under the age of eighteen


without a legitimate purpose. The legitimate purpose would be
determined by the office of sex offender management. This bill
provides for the continued safety for children on school grounds and
when they are in a facility or institution that is caring or treating
for them.

BILL HISTORY:
S.6672 of 2009-2010; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.

2011-S507A (ACTIVE) - Bill Text download pdf

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

                                 507--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. MAZIARZ, DeFRANCISCO, GOLDEN, LARKIN, RANZENHOFER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  penal law and the executive law, in relation to
  prohibiting certain sex offenders from  entering  in  or  upon  school
  grounds without a legitimate purpose

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

  Section 1. 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 TWO OR 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, FOR THE REMAINDER OF HIS OR HER NATURAL  LIFE,  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  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 WITHOUT A LEGITIMATE PURPOSE AS
DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT,  provided  however,

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

                                                           LBD01184-02-2

S. 507--A                           2

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  institu-
tion, 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  2. 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 TWO OR three sex
offender  pursuant  to  subdivision   six   of   section   one   hundred
sixty-eight-l  of  the  correction  law, is released on parole or condi-
tionally 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, FOR THE REMAINDER OF HIS  OR  HER
NATURAL  LIFE,  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 WITHOUT A LEGITI-
MATE PURPOSE AS DETERMINED BY THE OFFICE  OF  SEX  OFFENDER  MANAGEMENT,
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.
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 on the sixtieth day after it shall
have become a law.

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Senate Bill S507A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

2011-S507 - Details

2011-S507 - Summary

2011-S507 - Sponsor Memo

2011-S507 - Bill Text download pdf

co-Sponsors

2011-S507A (ACTIVE) - Details

2011-S507A (ACTIVE) - Summary

2011-S507A (ACTIVE) - Sponsor Memo

2011-S507A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

2011-S507 - Details

2011-S507 - Summary

2011-S507 - Sponsor Memo

2011-S507 - Bill Text download pdf

co-Sponsors

2011-S507A (ACTIVE) - Details

2011-S507A (ACTIVE) - Summary

2011-S507A (ACTIVE) - Sponsor Memo

2011-S507A (ACTIVE) - Bill Text download pdf

Comments