S T A T E   O F   N E W   Y O R K
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                                  6683

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced  by  Sen.  BALL  --  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:

  Section  1.  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 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 INTO, UPON OR WITHIN ONE  THOUSAND
FEET OF any other facility or institution primarily used for the care or
treatment  of persons under the age of eighteen, WHICH SHALL INCLUDE BUT
NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD  DAY  CARE,  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS  PROVIDED,  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 authori-
zation of his or her probation officer or the court and the  superinten-
dent  or  chief  administrator of such facility, institution or grounds,
enter such facility, institution or upon such grounds  for  the  limited

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

                                                           LBD14932-02-2

S. 6683                             2

purposes  authorized  by  the  probation officer or the court and super-
intendent 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  2. 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 INTO, UPON OR WITHIN ONE  THOUSAND  FEET  OF
any  other facility or institution primarily used for the care or treat-
ment of persons under the age of eighteen, WHICH SHALL INCLUDE  BUT  NOT
BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, 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 parole officer 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  parole
officer  and  superintendent or chief officer.  Nothing in this subdivi-
sion shall be construed as restricting any lawful  condition  of  super-
vision that may be imposed on such sentenced offender.
  S 3. This act shall take effect immediately.