S T A T E   O F   N E W   Y O R K
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                                  5165

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

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

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; and to amend the executive law, directing the
  commissioner of corrections and community  supervision  to  apply  for
  quarterly  listings  of  all  elementary  and secondary schools in the
  state

  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03599-01-5
              

A. 5165                             2

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 2.  The executive law is amended by adding a new  section  259-f  to
read as follows:
  S  259-F.  QUARTERLY  REPORTS  OF SCHOOLS. 1. ON A QUARTERLY BASIS THE
COMMISSIONER SHALL OBTAIN AN  UPDATED  LIST  FROM  THE  COMMISSIONER  OF
EDUCATION, OF EVERY ELEMENTARY AND SECONDARY SCHOOL IN THE STATE, AND OF
ANY OTHER FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGARTEN
INSTRUCTION IS PROVIDED.
  2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
TO  SUBDIVISION  ONE OF THIS SECTION TO THE BOARD AND TO THE DIRECTOR OF
PROBATION AND CORRECTIONAL ALTERNATIVES.
  3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
FY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
THE  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER
OF THE ASSEMBLY, ON THE COMPLIANCE WITH THIS SECTION.
  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 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  4. This act shall take effect immediately, except that sections one
and three of this act shall take  effect  on  the  first  of  July  next
succeeding the date on which it shall have become a law.