S T A T E O F N E W Y O R K
________________________________________________________________________
2223
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. GUNTHER, BUTTENSCHON -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting certain sex
offenders from entering a school bus or within one thousand feet of a
school bus stop
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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:
4-a. Mandatory conditions for sex offenders. (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 thir-
ty-five or two hundred sixty-three of this chapter, 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 knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, OR ANY SCHOOL BUS, AS DEFINED IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR WITHIN
ONE THOUSAND FEET OF A DESIGNATED SCHOOL BUS STOP, DEFINED AS A REGULAR-
LY OCCURRING STOP WHERE PASSENGERS ARE DISCHARGED OR TAKEN ON, 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 institution, such sentenced
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07068-01-3
A. 2223 2
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.
(b) When imposing a sentence of probation or conditional discharge
upon a person convicted of an offense for which registration as a sex
offender is required pursuant to subdivision two or three of section one
hundred sixty-eight-a of the correction 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 offender pursuant to
subdivision six of section one hundred sixty-eight-l of the correction
law or the internet was used to facilitate the commission of the crime,
the court shall require, as mandatory conditions of such sentence, that
such sentenced offender be prohibited from using the internet to access
pornographic material, access a commercial social networking website,
communicate with other individuals or groups for the purpose of promot-
ing sexual relations with persons under the age of eighteen, and commu-
nicate with a person under the age of eighteen when such offender is
over the age of eighteen, provided that the court may permit an offender
to use the internet to communicate with a person under the age of eigh-
teen when such offender is the parent of a minor child and is not other-
wise prohibited from communicating with such child. Nothing in this
subdivision shall be construed as restricting any other lawful condition
of supervision that may be imposed on such sentenced offender. As used
in this subdivision, a "commercial social networking website" shall mean
any business, organization or other entity operating a website that
permits persons under eighteen years of age to be registered users for
the purpose of establishing personal relationships with other users,
where such persons under eighteen years of age may: (i) create web pages
or profiles that provide information about themselves where such web
pages or profiles are available to the public or to other users; (ii)
engage in direct or real time communication with other users, such as a
chat room or instant messenger; and (iii) communicate with persons over
eighteen years of age; provided, however, that, for purposes of this
subdivision, a commercial social networking website shall not include a
website that permits users to engage in such other activities as are not
enumerated herein.
§ 2. This act shall take effect immediately.