S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8041
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- 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 certain sex  offenders  from  entering  any
   school grounds; and to amend the education law, in relation to requir-
   ing school districts to adopt procedures for the admission of visitors
   to a school building
 
   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  renumbered  section  168-x  and  a  new
 section 168-w is added to read as follows:
   §  168-W. PROHIBITION ON ENTERING ANY SCHOOL GROUNDS.  NOTWITHSTANDING
 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE  UNLAWFUL
 FOR  ANY LEVEL TWO OR THREE SEX OFFENDER TO KNOWINGLY ENTER INTO OR UPON
 ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN SUBDIVISION  FOURTEEN  OF
 SECTION 220.00 OF THE PENAL LAW. THE PROHIBITION IMPOSED BY THIS SECTION
 SHALL  REMAIN IN EFFECT FOR AS LONG AS A PERSON IS CLASSIFIED AS A LEVEL
 TWO OR THREE SEX OFFENDER.
   § 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  TWO  OR  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10186-01-7

 A. 8041                             2
 
 or upon any school grounds, as that term is defined in subdivision four-
 teen  of section 220.00 of this chapter, or any other facility or insti-
 tution 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]. Nothing in this subdivi-
 sion shall be construed as restricting any lawful  condition  of  super-
 vision that may be imposed on such sentenced offender.
   §  3. 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 TWO OR 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
 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  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.
   § 4. Paragraph b of subdivision 2 of section  2801  of  the  education
 law,  as added by chapter 181 of the laws of 2000, is amended to read as
 follows:
   b. standards and procedures to assure security and safety of  students
 and  school personnel, INCLUDING, BUT NOT LIMITED TO, PROCEDURES FOR THE
 ADMISSION OF VISITORS TO A SCHOOL  BUILDING  INCLUDING  TO  ENSURE  SUCH
 VISITORS ARE NOT REGISTERED AS LEVEL TWO OR THREE SEX OFFENDERS PURSUANT
 TO ARTICLE SIX-C OF THE CORRECTION LAW;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.