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
                                ___________
 
 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.