The New York State Senate

 
                     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.