S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8071

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced by M. of A. FIELDS -- 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 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 chap-
ter, 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 REGULARLY OCCURRING STOP WHERE PASSENGERS
ARE DISCHARGED OR TAKEN ON, or any other facility or institution  prima-
rily 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 offender may, with the written

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03320-01-9
              

A. 8071                             2

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.
  S 2. This act shall take effect immediately.