S T A T E O F N E W Y O R K
________________________________________________________________________
3480
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. ZEBROWSKI, THIELE, TITUS, RAIA, DiPIETRO --
Multi-Sponsored by -- M. of A. BARCLAY, LALOR, McDONOUGH, RIVERA --
read once and referred to the Committee on Correction
AN ACT to amend the penal law and the executive law, in relation to
prohibiting sex offenders from being upon the premises of any home or
facility where child day care is provided
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 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 or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, or INTO, UPON OR WITHIN ONE THOUSAND
FEET OF any other facility or institution primarily used for the care or
treatment of persons under the age of eighteen, WHICH SHALL INCLUDE BUT
NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH
TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02042-01-9
A. 3480 2
or institution, such sentenced offender may, with the written authori-
zation of his or her probation officer or the court and the superinten-
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 probation officer or the court and super-
intendent 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. 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 three sex offen-
der 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 INTO, UPON OR WITHIN ONE THOUSAND FEET OF
any other facility or institution primarily used for the care or treat-
ment of persons under the age of eighteen, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, 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 institu-
tion, 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 subdivi-
sion shall be construed as restricting any lawful condition of super-
vision that may be imposed on such sentenced offender.
§ 3. This act shall take effect immediately.