The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1222
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, THIELE, DiPIETRO, STERN -- Multi-Spon-
   sored  by  --  M.    of A. BARCLAY, 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.
                                                            LBD03228-01-3

 A. 1222                             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.