S T A T E O F N E W Y O R K
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3828
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. GOLDFEDER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to the
location of registered sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4-a of section 65.10 of the penal law is
amended by adding a new paragraph (c) to read as follows:
(C) 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 LEVEL THREE
SEX OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION 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 RESIDING WITHIN FIVE HUNDRED FEET OF THE REAL PROPERTY
BOUNDARY LINE COMPRISING ANY PARK THAT CONTAINS A PLAYGROUND, OR ENTER-
ING UPON SUCH PARKLAND. 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. (A) 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 LEVEL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06390-01-5
A. 3828 2
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 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 regis-
tered student or participant or an employee of such facility or institu-
tion 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 superinten-
dent 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.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
A PERSON SERVING A SENTENCE FOR AN OFFENCE 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 LEVEL
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 FROM RESIDING WITHIN FIVE HUNDRED
FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY PARK THAT
CONTAINS A PLAYGROUND, OR ENTERING UPON SUCH PARKLAND. 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 ninetieth day after it shall
have become a law.