NY State Senate Bill 2019-S1984

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 18, 2019	referred to crime victims, crime and correction

2019-S1984 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8174
2017-2018: S2652

2019-S1984 (ACTIVE) - Summary

Prohibits sex offenders from playing augmented reality games.

2019-S1984 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1984

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the executive law and the penal law, in relation to
prohibiting sex offenders from playing augmented reality games

 
PURPOSE:

This bill will prohibit level 2 and level 3 sex offenders on probation
or parole from accessing augmented reality games.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits level 2 and 3 sex offenders on parole from access-
ing augmented reality games. Defines augmented reality games.

Section 2: Prohibits level 2 and 3 sex offenders on probation or condi-
tional discharge from accessing augmented reality games. Defines
augmented reality games.

Section 3: The act shall take effect 60 days after it becomes law.

 
EXISTING LAW:

Under current law, augmented reality games are not defined, and sex
offenders are not explicitly prohibited from accessing them while on
probation or parole

 
JUSTIFICATION:

Augmented reality games are a class of games that allow users to engage
in scenarios that combine elements of the real world with fictional
elements that are part of the game. These games are often played on
smartphones and tablets, as they usually require the user to move around
from place to place to satisfy certain in-game objectives. Some of these
games, such as the massively popular "Pokemon GO" are like modern
scavenger hunts. They send a user outside his/her home to real world
locations in order to find rare characters/items to gain more power
within the game. Pokemon GO is the first massively popular augmented
reality game, and within less than a month of its publishing, it
garnered 30 million downloads between the iOS and Google Play app
stores. However, because both children and adults are encouraged to play
these games, (Pokemon GO lists its recommend age as nine and up), there
are inherent risks for unsupervised children.

Investigations done with augmented reality games have shown there are
in-game objectives on the property of sex offenders' residences. It was
also discovered at least one instance where a known sex offender was
playing the game with a child in public. Certain sex offenders, while on
probation or parole, are prohibited from engaging in certain high-risk
activities that could endanger youth or encourage the sex offender's
illegal behavior. These activities include accessing social networking
websites, accessing pornographic material, etc.

The usage of augmented reality games, as they become more popular, could
expose these dangerous sex offenders to children as both the children
and sex offenders are encouraged to congregate at the same locations in
the game and interact in the real-world while playing the game. If a sex
offender is prevented from accessing a social networking website, where
they do not have direct physical access to children, they should
certainly be prevented from playing these augmented reality games, where
they inevitably will come in close proximity to children.

 
LEGISLATIVE HISTORY:

2018: S2652A - passed Senate
2017: S2652A - passed Senate
2016: S8174 - died in Senate rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S1984 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1984
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  executive law and the penal law, in relation to
   prohibiting sex offenders from playing augmented reality games

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  15 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:
   15. Notwithstanding any other provision of law to the contrary,  where
 a  person is serving a sentence for an offense for which registration as
 a sex offender is required pursuant  to  subdivision  two  or  three  of
 section  one hundred sixty-eight-a of the correction 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 offender
 pursuant to subdivision six of section one hundred sixty-eight-l of  the
 correction  law or the internet was used to facilitate the commission of
 the crime, is released on parole or conditionally released  pursuant  to
 subdivision  one  or  two  of  this section, the board shall require, as
 mandatory conditions of such release, that such sentenced offender shall
 be prohibited from using the internet to access  pornographic  material,
 access  a  commercial  social networking website[,] OR AUGMENTED REALITY
 GAME, communicate with other individuals or groups for  the  purpose  of
 promoting  sexual  relations with persons under the age of eighteen, and
 communicate with a person under the age of eighteen when  such  offender
 is  over  the  age  of  eighteen,  provided that the board may permit an
 offender to use the internet to communicate with a person under the  age
 of eighteen when such offender is the parent of a minor child and is not
 otherwise prohibited from communicating with such child. Nothing in this
 subdivision shall be construed as restricting any other lawful condition
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05585-01-9

 S. 1984                             2
 
 of  supervision  that may be imposed on such sentenced offender. As used
 in this subdivision, a "commercial social networking website" shall mean
 any business, organization or other  entity  operating  a  website  that
 permits  persons  under eighteen years of age to be registered users for
 the purpose of establishing personal  relationships  with  other  users,
 where such persons under eighteen years of age may: (i) create web pages
 or  profiles  that  provide  information about themselves where such web
 pages or profiles are available to the public or to  other  users;  (ii)
 engage  in direct or real time communication with other users, such as a
 chat room or instant messenger; and (iii) communicate with persons  over
 eighteen  years  of  age;  provided, however, that, for purposes of this
 subdivision, a commercial social networking website shall not include  a
 website that permits users to engage in such other activities as are not
 enumerated  herein.    AS  USED  IN THIS SUBDIVISION, "AUGMENTED REALITY
 GAME" MEANS A DIGITAL APPLICATION OR GAME, TYPICALLY ACCESSED ON  MOBILE
 DEVICES,   INCLUDING  BUT  NOT  LIMITED  TO:  SMARTPHONES;  TABLETS;  OR
 AUGMENTED REALITY GLASSES; WHICH CAUSES  USERS  TO  PHYSICALLY  MOVE  TO
 AND/OR  PERSONALLY  INTERACT  WITH LOCATIONS OUTSIDE THE USER'S PLACE OF
 RESIDENCE FOR THE PURPOSE OF ACHIEVING GOALS OR  MOVING  FROM  PLACE  TO
 PLACE WITHIN THE GAME.
   §  2.  Paragraph  (b) of subdivision 4-a of section 65.10 of the penal
 law, as added by chapter 67 of the laws of 2008, is amended to  read  as
 follows:
   (b)  When  imposing  a  sentence of probation or conditional discharge
 upon a person convicted of an offense for which registration  as  a  sex
 offender is required pursuant to subdivision two or three of section one
 hundred  sixty-eight-a  of  the  correction  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 offender pursuant to
 subdivision six of section one hundred sixty-eight-l of  the  correction
 law  or the internet was used to facilitate the commission of the crime,
 the court shall require, as mandatory conditions of such sentence,  that
 such  sentenced offender be prohibited from using the internet to access
 pornographic material, access a commercial social networking  website[,]
 OR  AUGMENTED REALITY GAME, communicate with other individuals or groups
 for the purpose of promoting sexual relations with persons under the age
 of eighteen, and communicate with a person under  the  age  of  eighteen
 when  such offender is over the age of eighteen, provided that the court
 may permit an offender to use the internet to communicate with a  person
 under  the  age  of eighteen when such offender is the parent of a minor
 child and is not  otherwise  prohibited  from  communicating  with  such
 child. Nothing in this subdivision shall be construed as restricting any
 other  lawful  condition  of  supervision  that  may  be imposed on such
 sentenced offender. As used in this subdivision,  a  "commercial  social
 networking website" shall mean any business, organization or other enti-
 ty  operating a website that permits persons under eighteen years of age
 to  be  registered  users  for  the  purpose  of  establishing  personal
 relationships  with other users, where such persons under eighteen years
 of age may: (i) create web pages or profiles  that  provide  information
 about  themselves  where such web pages or profiles are available to the
 public or to other users; (ii) engage in direct or  real  time  communi-
 cation  with  other users, such as a chat room or instant messenger; and
 (iii) communicate with persons over eighteen  years  of  age;  provided,
 however,  that,  for  purposes  of this subdivision, a commercial social
 networking website shall not include a website  that  permits  users  to
 engage  in  such other activities as are not enumerated herein.  AS USED

 S. 1984                             3
 
 IN THIS SUBDIVISION, "AUGMENTED REALITY GAME" MEANS A  DIGITAL  APPLICA-
 TION  OR  GAME,  TYPICALLY ACCESSED ON MOBILE DEVICES, INCLUDING BUT NOT
 LIMITED TO: SMARTPHONES; TABLETS; OR AUGMENTED  REALITY  GLASSES;  WHICH
 CAUSES  USERS  TO  PHYSICALLY  MOVE  TO  AND/OR PERSONALLY INTERACT WITH
 LOCATIONS OUTSIDE THE USER'S PLACE  OF  RESIDENCE  FOR  THE  PURPOSE  OF
 ACHIEVING GOALS OR MOVING FROM PLACE TO PLACE WITHIN THE GAME.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1984

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2019-S1984 (ACTIVE) - Details

2019-S1984 (ACTIVE) - Summary

2019-S1984 (ACTIVE) - Sponsor Memo

2019-S1984 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2019-S1984 (ACTIVE) - Details

2019-S1984 (ACTIVE) - Summary

2019-S1984 (ACTIVE) - Sponsor Memo

2019-S1984 (ACTIVE) - Bill Text download pdf

Comments