New York Senate Bill S03296 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3296 2023-2024 Regular Sessions  IN SENATE January 30, 2023 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: 1 Section 1. Paragraph (a) of subdivision 4-a of section 65.10 of the 2 penal law, as amended by chapter 67 of the laws of 2008, is amended to 3 read as follows: 4 (a) When imposing a sentence of probation or conditional discharge 5 upon a person convicted of an offense defined in article one hundred 6 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 7 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 8 of such offense was under the age of eighteen at the time of such 9 offense or such person has been designated a level three sex offender 10 pursuant to subdivision six of section 168-l of the correction law, the 11 court shall require, as a mandatory condition of such sentence, that 12 such sentenced offender shall refrain from knowingly entering into or 13 upon any school grounds, as that term is defined in subdivision fourteen 14 of section 220.00 of this chapter, or into, upon or within one thousand 15 feet of any other facility or institution primarily used for the care or 16 treatment of persons under the age of eighteen, which shall include but 17 not be limited to any home or facility where child day care, as such 18 term is defined in paragraph (a) of subdivision one of section three 19 hundred ninety of the social services law, is provided, while one or 20 more of such persons under the age of eighteen are present, provided 21 however, that when such sentenced offender is a registered student or 22 participant or an employee of such facility or institution or entity 23 contracting therewith or has a family member enrolled in such facility 24 or institution, such sentenced offender may, with the written authori- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03228-01-3 
 S. 3296 2 1 zation of his or her probation officer or the court and the superinten- 2 dent or chief administrator of such facility, institution or grounds, 3 enter such facility, institution or upon such grounds for the limited 4 purposes authorized by the probation officer or the court and super- 5 intendent or chief officer. Nothing in this subdivision shall be 6 construed as restricting any lawful condition of supervision that may be 7 imposed on such sentenced offender. 8 § 2. Subdivision 14 of section 259-c of the executive law, as amended 9 by section 38-b of subpart A of part C of chapter 62 of the laws of 10 2011, is amended to read as follows: 11 14. notwithstanding any other provision of law to the contrary, where 12 a person serving a sentence for an offense defined in article one 13 hundred thirty, one hundred thirty-five or two hundred sixty-three of 14 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 15 the victim of such offense was under the age of eighteen at the time of 16 such offense or such person has been designated a level three sex offen- 17 der pursuant to subdivision six of section one hundred sixty-eight-l of 18 the correction law, is released on parole or conditionally released 19 pursuant to subdivision one or two of this section, the board shall 20 require, as a mandatory condition of such release, that such sentenced 21 offender shall refrain from knowingly entering into or upon any school 22 grounds, as that term is defined in subdivision fourteen of section 23 220.00 of the penal law, or into, upon or within one thousand feet of 24 any other facility or institution primarily used for the care or treat- 25 ment of persons under the age of eighteen, which shall include but not 26 be limited to any home or facility where child day care, as such term is 27 defined in paragraph (a) of subdivision one of section three hundred 28 ninety of the social services law, is provided, while one or more of 29 such persons under the age of eighteen are present, provided however, 30 that when such sentenced offender is a registered student or participant 31 or an employee of such facility or institution or entity contracting 32 therewith or has a family member enrolled in such facility or institu- 33 tion, such sentenced offender may, with the written authorization of his 34 or her parole officer and the superintendent or chief administrator of 35 such facility, institution or grounds, enter such facility, institution 36 or upon such grounds for the limited purposes authorized by the parole 37 officer and superintendent or chief officer. Nothing in this subdivi- 38 sion shall be construed as restricting any lawful condition of super- 39 vision that may be imposed on such sentenced offender. 40 § 3. This act shall take effect immediately.