Assembly Bill A5028

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5028
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2025
                                ___________
 
 Introduced  by  M. of A. JACOBSON, BRABENEC, WALSH, RAGA, EACHUS -- read
   once and referred to the Committee on 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
 
   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-
 ity  or  institution  or  entity  contracting  therewith or has a family
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03355-01-5
              

 A. 5028                             2
 
 member enrolled in such facility or institution, such sentenced offender
 may, with the written  authorization  of  [his  or  her]  THE  SENTENCED
 OFFENDER'S  parole officer and the superintendent or chief administrator
 of  such facility, institution or grounds, enter such facility, institu-
 tion 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.   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] THE SENTENCED OFFENDER'S 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.
   § 3. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.