S T A T E   O F   N E W   Y O R K
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                                  3818

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, the penal law and the executive law,
  in  relation  to  prohibiting level three sex offenders from living in
  college housing

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

  Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
correction law, as amended by chapter  532  of  the  laws  of  2011,  is
amended to read as follows:
  (b-1)  If  the sex offender has been given a level two or three desig-
nation, such offender shall sign the verification form, and  state  that
he  or  she  still is employed at the address last reported to the divi-
sion.  IF A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH
OFFENDER SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGH-
ER EDUCATION.
  S 2. 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 THE
PROVISIONS OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE  HUNDRED
SIXTY-EIGHT-F  OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING IN
STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05490-01-3
              

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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  3.  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 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 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  the  limited  purposes  authorized  by  the
probation officer or the court and superintendent or chief officer. IF A
SEX  OFFENDER  HAS  BEEN  GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
TION.  Nothing in this subdivision shall be construed as restricting any
lawful condition of supervision that may be imposed  on  such  sentenced
offender.
  S  4. 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 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 institution, such sentenced offender may, with  the  written
authorization  of  his  or  her parole officer and the superintendent or

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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. IF
A  SEX  OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
TION.  Nothing in this subdivision shall be construed as restricting any
lawful condition of supervision that may be imposed  on  such  sentenced
offender.
  S 5. This act shall take effect immediately.