S T A T E   O F   N E W   Y O R K
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    S. 2446                                                  A. 5773

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 20, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens. LAVALLE, ALESI, BONACIC, FLANAGAN,
  MAZIARZ, MORAHAN, SKELOS, WINNER -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  --  Introduced  by  M.  of A. ALESSI, EDDINGTON, ALFANO --
  Multi-Sponsored by -- M. of A. BARRA -- read once and referred to  the
  Committee on Codes

AN  ACT  to  amend  the penal law and the correction law, in relation to
  prohibiting sex offenders from knowingly entering certain areas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 10.00 of the penal law is amended by adding three
new subdivisions 21, 22 and 23 to read as follows:
  21. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE
REAL  PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B)  IN  A
CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, ANY AREA ACCESSIBLE TO
THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDA-
RY LINE COMPRISING ANY SUCH SCHOOL, OR (C) WITHIN ANY COUNTY NOT  WHOLLY
CONTAINED WITHIN A CITY, ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITH-
IN  ONE  THOUSAND  FIVE  HUNDRED FEET OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES OF THIS  SECTION  AN  "AREA
ACCESSIBLE  TO  THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS,
PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
  22. "CHILD DAY CARE CENTER" MEANS (A) IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
THE  REAL  PROPERTY  BOUNDARY  LINE  OF A PROGRAM OR FACILITY CARING FOR
CHILDREN FOR MORE THAN THREE HOURS PER DAY PER CHILD IN WHICH CHILD  DAY
CARE  IS  PROVIDED BY A CHILD DAY CARE PROVIDER, AS SUCH TERM IS DEFINED
IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED  NINETY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08970-01-9
              

S. 2446                             2                            A. 5773

THE  SOCIAL  SERVICES LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP
FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDI-
VISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A
FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDI-
VISION  ONE  OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW,
AND A SCHOOL-AGE CHILD CARE PROGRAM, AS SUCH TERM IS  DEFINED  IN  PARA-
GRAPH  (F)  OF  SUBDIVISION  ONE  OF SECTION THREE HUNDRED NINETY OF THE
SOCIAL SERVICES LAW, OR (B) IN A CITY WITH A POPULATION OF  ONE  MILLION
OR  MORE,  ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND
FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY  SUCH  CHILD  DAY
CARE  CENTER,  OR  (C)  WITHIN  ANY COUNTY NOT WHOLLY CONTAINED WITHIN A
CITY, ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FIVE
HUNDRED FEET OF THE REAL PROPERTY  BOUNDARY  LINE  COMPRISING  ANY  SUCH
CHILD DAY CARE CENTER. FOR THE PURPOSE OF THIS SECTION AN "AREA ACCESSI-
BLE  TO  THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS,
PLAYGROUNDS, STORES AND RESTAURANTS.
  23. "PLACE WHERE CHILDREN CONGREGATE" MEANS (A) IN OR ON OR WITHIN ANY
BUILDING,  STRUCTURE,  ATHLETIC  PLAYING  FIELD,  PLAYGROUND   OR   LAND
CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PROGRAM OR FACILI-
TY  MAINTAINED  PRIMARILY  TO  ATTRACT,  ENTERTAIN, BENEFIT OR OTHERWISE
BRING TOGETHER CHILDREN UNDER THE AGE OF EIGHTEEN, OR (B) IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, ANY AREA ACCESSIBLE TO  THE  PUBLIC
LOCATED  WITHIN  ONE  THOUSAND  FEET  OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY SUCH PROGRAM OR FACILITY, OR (C) WITHIN  ANY  COUNTY  NOT
WHOLLY  CONTAINED  WITHIN  A  CITY,  ANY  AREA  ACCESSIBLE TO THE PUBLIC
LOCATED WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE REAL PROPERTY BOUN-
DARY LINE COMPRISING ANY SUCH PROGRAM OR FACILITY. FOR THE  PURPOSES  OF
THIS  SECTION  AN  "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS,
STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
  S 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] TWENTY-ONE of section [220.00] 10.00 of this
chapter, OR ANY CHILD DAY CARE CENTER, AS THAT TERM IS DEFINED IN SUBDI-
VISION TWENTY-TWO OF SECTION 10.00 OF THIS CHAPTER, OR ANY  PLACE  WHERE
CHILDREN CONGREGATE, AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-THREE
OF  SECTION  10.00 OF THIS CHAPTER, 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 regis-
tered student or participant or an employee of such facility or institu-
tion  or entity contracting therewith or has a family member enrolled in
such facility or institution, such  sentenced  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

S. 2446                             3                            A. 5773

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.
  S 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S  168-W.    PROHIBITION  ON  ENTERING  SCHOOL GROUNDS, CHILD DAY CARE
CENTER OR ANY PLACE WHERE CHILDREN  CONGREGATE.  ANY  PERSON  REGISTERED
PURSUANT  TO  THIS ARTICLE SHALL REFRAIN FROM KNOWINGLY ENTERING INTO OR
UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN SUBDIVISION  TWENTY-
ONE  OF SECTION 10.00 OF THE PENAL LAW, OR ANY CHILD DAY CARE CENTER, AS
THAT TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00  OF  THE
PENAL  LAW,  OR  ANY  PLACE  WHERE  CHILDREN CONGREGATE, AS THAT TERM IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW.
  S 4. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender required to register or  to  verify
pursuant  to  the  provisions  of  this article who fails to register or
verify in the manner and within the time periods provided  for  in  this
article  shall  be  guilty  of  a class E felony upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v of this article  OR  WHO
VIOLATES  THE  PROVISIONS  OF  SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS
ARTICLE shall be guilty of a class A misdemeanor upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty  of  a class D felony. Any such failure to register or
verify may also be the  basis  for  revocation  of  parole  pursuant  to
section  two  hundred fifty-nine-i of the executive law or the basis for
revocation of probation pursuant to article  four  hundred  ten  of  the
criminal procedure law.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.