Assembly Bill A3885

2021-2022 Legislative Session

Prohibits level two or three sex offenders from voting at a school or facility for children

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A3885 (ACTIVE) - Details

See Senate Version of this Bill:
S2696
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§145.75 & 145.80, Pen L; amd §8-400, add §17-172, El L; amd §§2018-a & 2018-b, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3212
2011-2012: S224
2013-2014: S1069
2015-2016: A6467, S3617
2017-2018: A4788, S705
2019-2020: A3524, S124
2023-2024: A2212, S1529

2021-A3885 (ACTIVE) - Summary

Prohibits level two or three sex offenders from voting at a school or facility for children; authorizes absentee voting for such offenders.

2021-A3885 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3885
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. NORRIS, ASHBY, DeSTEFANO, J. M. GIGLIO, B. MILL-
   ER, M. MILLER, MORINELLO, SCHMITT -- Multi-Sponsored by --  M.  of  A.
   SAYEGH, WALSH -- read once and referred to the Committee on Codes
 
 AN  ACT  to amend the penal law, the election law and the education law,
   in relation to voting by level two or level three sex offenders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 145.75
 and 145.80 to read as follows:
 § 145.75 UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL  OR  FACILITY  FOR
            CHILDREN FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL
 OR FACILITY FOR CHILDREN FOR  THE  PURPOSES  OF  VOTING  IN  THE  SECOND
 DEGREE,  WHEN  BEING  A LEVEL TWO OR LEVEL THREE SEX OFFENDER, HE OR SHE
 ENTERS OR REMAINS IN A SCHOOL OR FACILITY FOR CHILDREN FOR THE  PURPOSES
 OF  CASTING  A  BALLOT  OR OTHERWISE VOTING DURING ANY PRIMARY, GENERAL,
 SPECIAL, SCHOOL DISTRICT OR OTHER ELECTION IN  WHICH  RESIDENTS,  REGIS-
 TERED OR QUALIFIED VOTERS ARE ENTITLED TO CAST BALLOTS.
   2. FOR THE PURPOSES OF THIS SECTION: (A) "LEVEL TWO OR LEVEL THREE SEX
 OFFENDER"  SHALL  MEAN A PERSON REGISTERED OR REQUIRED TO REGISTER UNDER
 SECTION ONE HUNDRED SIXTY-EIGHT-F OF THE CORRECTION LAW WHO HAS RECEIVED
 A LEVEL TWO OR LEVEL THREE DESIGNATION PURSUANT TO SECTION  ONE  HUNDRED
 SIXTY-EIGHT-L  OF  THE  CORRECTION  LAW; AND (B) "SCHOOL OR FACILITY FOR
 CHILDREN" SHALL MEAN A  BUILDING,  STRUCTURE,  ATHLETIC  PLAYING  FIELD,
 PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A
 PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,  INTERMEDIATE, JUNIOR HIGH,
 VOCATIONAL, OR HIGH SCHOOL, OR ANY OTHER FACILITY OR INSTITUTION  PRIMA-
 RILY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01692-01-1

              

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