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

                                  10169

                          I N  A S S E M B L Y

                              June 19, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Sepulveda)
  -- read once and referred to the Committee on Codes

AN ACT to amend the executive law and the  penal  law,  in  relation  to
  prohibiting certain convicted sex offenders from knowingly being with-
  in  1,000  feet  of  any  place where pre-kindergarten or kindergarten
  instruction is provided

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

  Section  1.  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 WITHIN ONE THOUSAND FEET OF ANY FACILITY OR
INSTITUTION  WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION   IS
PROVIDED,  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 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

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

                                                           LBD15614-01-4

A. 10169                            2

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  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 of section 220.00 of this chapter, OR WITHIN ONE
THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE  PRE-KINDERGARTEN  OR
KINDERGARTEN  INSTRUCTION IS PROVIDED, or any other facility or institu-
tion 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. 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 on the first of July  next  succeeding
the date on which it shall have become a law.