S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1172
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens.  AMEDORE,  FUNKE, ROBACH, SEWARD -- 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 certain convicted sex offenders from knowingly being with-
   in 1,000 feet of a child care provider, a preschool or any place where
   pre-kindergarten or kindergarten instruction is provided; and to amend
   the executive law,  in  relation  to  directing  the  commissioner  of
   corrections  and community supervision to apply for quarterly listings
   of all elementary and secondary schools in the state
 
   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 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 WITHIN ONE THOUSAND FEET OF A CHILD CARE
 PROVIDER, A PRESCHOOL, OR ANY FACILITY OR INSTITUTION WHERE  PRE-KINDER-
 GARTEN OR KINDERGARTEN INSTRUCTION IS PROVIDED, 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 offen-
 der is a registered student or participant or an employee of such facil-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01604-01-9

 S. 1172                             2
 
 ity 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.
   § 2.  The executive law is amended by adding a new  section  259-f  to
 read as follows:
   §  259-F.  QUARTERLY  REPORTS  OF SCHOOLS. 1. ON A QUARTERLY BASIS THE
 COMMISSIONER SHALL OBTAIN AN  UPDATED  LIST  FROM  THE  COMMISSIONER  OF
 EDUCATION, OF EVERY ELEMENTARY AND SECONDARY SCHOOL IN THE STATE, AND OF
 EVERY  CHILD CARE PROVIDER, PRESCHOOL AND ANY OTHER FACILITY OR INSTITU-
 TION WHERE PRE-KINDERGARTEN OR KINDERGARTEN INSTRUCTION IS PROVIDED.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION TO THE BOARD AND TO THE  DIRECTOR  OF
 PROBATION AND CORRECTIONAL ALTERNATIVES.
   3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
 FY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER
 OF THE ASSEMBLY, ON THE COMPLIANCE WITH THIS SECTION.
   §  3.  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
 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 WITHIN ONE
 THOUSAND FEET OF A CHILD CARE PROVIDER, A PRESCHOOL, OR ANY FACILITY  OR
 INSTITUTION   WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION  IS
 PROVIDED, 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  institu-
 tion, 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  subdivision  shall  be  construed as
 restricting any lawful condition of supervision that may be  imposed  on
 such sentenced offender.
   §  4. This act shall take effect immediately, except that sections one
 and three of this act shall take  effect  on  the  first  of  July  next
 succeeding the date on which it shall have become a law.