senate Bill S5342

2013-2014 Legislative Session

Prohibits persons required to maintain registration under the sex offender registration act from entering into children's sections of certain libraries

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

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to correction
delivered to assembly
passed senate
May 06, 2014 advanced to third reading
May 05, 2014 2nd report cal.
Apr 30, 2014 1st report cal.484
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 12, 2013 referred to correction
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.978
May 16, 2013 referred to crime victims, crime and correction

Votes

view votes

Apr 30, 2014 - Crime Victims, Crime and Correction committee Vote

S5342
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 30, 2014

Jun 4, 2013 - Crime Victims, Crime and Correction committee Vote

S5342
8
2
committee
8
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jun 4, 2013

aye wr (3)

S5342 - Bill Details

See Assembly Version of this Bill:
A5987A
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L; amd §65.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10815

S5342 - Bill Texts

view summary

Prohibits persons required to maintain registration under the sex offender registration act from entering into an 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.

view sponsor memo
BILL NUMBER:S5342

TITLE OF BILL: An act to amend the correction law and the penal law,
in relation to prohibiting certain persons required to maintain
registration under the sex offender registration act from entering
into a children's section of a public library

PURPOSE: The purpose of this bill is to prohibit registered sex
offenders from entering the children's section of a public library.

SUMMARY: Adds a new section 168w to the correction law to prohibit
any person required to maintain registration as a sex offender from
entering into any area or room in a public library designated as a
children's section. Also amends paragraph (a) of subdivision 4-a of
section 65.10 of the penal law to include any room or area designated
as a children's section of a public library.

JUSTIFICATION: On June 23, 2012 two girls ages 6 and 9 were assaulted
at the Queens Public Library. The accused perpetrator was on parole
for possession of child pornography at the time of the incident. It is
vitally important to ensure that New York's children can safely and
securely visit public libraries throughout the State. Libraries are
places where children of all ages from toddlers to teens congregate
for school projects, homework, summer reading programs, story time
presentations, learn-to-read programs and many other activities.
There should be no reason for a convicted sex offender where the
victim is a child to access the children's area of any library. New
York State has taken numerous steps to ensure that sexual predators do
not have access to children. These steps include prohibiting sex
offenders from entering school grounds, playgrounds, accessing the
Internet, accessing social media and taking part in Halloween
activities such as distributing candy. This legislation will add
another layer of security for New York's children.

PRIOR LEGISLATIVE HISTORY: A10815: 10/25/12 referred to correction

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5342

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the correction law and the penal law, in relation to
  prohibiting certain 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) AND WHOSE VICTIM
WAS A CHILD 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] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09753-03-3

S. 5342                             2

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  CHIL-
DREN'S SECTION OR DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE
OF EIGHTEEN WHEN THE OFFENDER'S VICTIM WAS A CHILD, or any other facili-
ty  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 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.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.