S T A T E   O F   N E W   Y O R K
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                                  1520

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  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,
that when such sentenced offender is a registered student or participant
or  an  employee  of  such facility or institution or entity contracting

              

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

S. 1520                             2

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.