S T A T E   O F   N E W   Y O R K
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                                   5570
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 7, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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, in relation to prohibiting individ-
   uals designated as level three sex offenders  from  being  paroled  to
   residences that are within one thousand feet from a school
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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] WHERE A person has been designated a level  three
 sex  offender  pursuant to subdivision six of section one hundred sixty-
 eight-l of the correction law, is released on  parole  or  conditionally
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11132-01-9

 S. 5570                             2
 
 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.
   § 2. This act shall take effect immediately.