S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1787
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sens. KLEIN, CARLUCCI, GOLDEN, KENNEDY, MARCHIONE, MURPHY
   -- 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.
                                                            LBD07343-01-7

 S. 1787                             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.
   §  2.    The executive law is amended by adding a new section 259-f to
 read as follows:
   § 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.
   §  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.
   § 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.