S T A T E O F N E W Y O R K
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978
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Correction
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02809-01-5
A. 978 2
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,
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
A. 978 3
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.