Senate Bill S88

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

                                   88

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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 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
LIBRARY. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
(SEX OFFENDER REGISTRATION ACT) SHALL REFRAIN FROM ENTERING INTO OR UPON
ANY AREA OR ROOM IN A PUBLIC LIBRARY DESIGNATED AS A CHILDREN'S SECTION.
  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

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

                                                           LBD00233-01-3

S. 88                               2

LIBRARY  DESIGNATED  AS  A  CHILDREN'S SECTION, 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.
  S 3. This act shall take effect immediately.