S T A T E O F N E W Y O R K
________________________________________________________________________
5585
2017-2018 Regular Sessions
I N A S S E M B L Y
February 10, 2017
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Introduced by M. of A. WEPRIN, MOSLEY, OTIS, BENEDETTO, GUNTHER, ZEBROW-
SKI, COLTON, HOOPER, RAIA, WALTER, MOYA, CURRAN -- Multi-Sponsored by
-- M. of A. ARROYO, BARCLAY, COOK, CROUCH, GARBARINO, McKEVITT,
PERRY, RIVERA, SOLAGES -- read once and referred to the Committee on
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:
§ 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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09482-01-7
A. 5585 2
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 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.
§ 3. This act shall take effect immediately.