NY State Senate Bill 2017-S2652A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Mar 22, 2018	advanced to third reading
Mar 21, 2018	2nd report cal.
Mar 20, 2018	1st report cal.709
Jan 03, 2018	referred to codes returned to senate died in assembly
Jan 30, 2017	referred to correction delivered to assembly passed senate
Jan 23, 2017	ordered to third reading cal.58 committee discharged and committed to rules
Jan 20, 2017	print number 2652a
Jan 20, 2017	amend (t) and recommit to codes
Jan 17, 2017	referred to codes

Votes

- Jan 30, 2017 - Floor Vote
  S2652A
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 30, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Montgomery
      
      excused (2)
      
      Hannon
      
      Little
  Jan 23, 2017 - Rules Committee Vote
  S2652A
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 23, 2017
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gallivan
      
      Griffo
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Montgomery
      
      excused (1)
      
      Perkins
  Mar 20, 2018 - Codes Committee Vote
  S2652A
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 20, 2018
      
      aye (15)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S2652 - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8174
2019-2020: S1984

2017-S2652 - Summary

Prohibits sex offenders from playing augmented reality games.

2017-S2652 - Sponsor Memo

                                 BILL NUMBER:  S2652

 TITLE OF BILL :

An act to amend the penal law, in relation to prohibiting sex
offenders from playing augmented reality games

 PURPOSE :

This bill will create a new class of digital games in the penal law,
and will prevent sex offenders under supervision pursuant to penal law
65.10 from playing such games.

 SUMMARY OF PROVISIONS :

Section 1: Adds accessing an augmented reality game to the activities
which sex offenders are prohibiting from engaging in when under a
sentence of probation or conditional discharge. Defines augmented
reality games.

Section 2: The act shall take effect 60 days after it becomes law.

 EXISTING LAW :

Under current law, augmented reality games are not defined, and sex
offenders are not explicitly prohibited from accessing them while on

probation or conditional discharge.

 JUSTIFICATION :

Augmented reality games are a new class of games that allow users to
engage in scenarios that combine elements of the real world with
fictional elements which are part of the game. These games are often
played on smartphones and tablets, as they usually require the user to
move around from place to place to satisfy certain in-game objectives.

Some of these games, such as the massively popular "Pokemon GO" are
like modern scavenger hunts. They send a user outside his/her home to
real-world locations in order to find rare characters/items to gain
more power within the game. Pokemon GO is the first massively popular
augmented reality game, and within less than a month of its
publishing, has garnered 30 million downloads between the iOS and
Google Play app stores.

However, because both children and adults are encouraged to play these
games, (Pokemon GO lists its target audience as all those over ten
years of age), there are inherent risks for unsupervised children.
The IDC has conducted an investigation that has revealed valuable
in-game objectives on the property of sex offenders' residences. It
also discovered at least one instance where a known sex offender was
playing the game with a child in public.

Certain sex offenders, while on probation or conditional discharge,
are prohibited from engaging in certain high-risk activities that
could endanger youth or encourage the sex offender's illegal behavior.
These activities include accessing social networking websites,
accessing pornographic material, etc. The usage of augmented reality
games, as they become more popular, could expose these dangerous sex
offenders to children as both the children and sex offenders are
encouraged to congregate at the same locations in the game and
interact in the real-world while playing the game. If a sex offender
is prevented from accessing a social networking website, where they do
not have direct physical access to children, they should certainly be
prevented from playing these augmented reality games, where they
inevitably will come in close proximity to children.

 LEGISLATIVE HISTORY :

2016 - S. 8174 - In Senate Rules

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S2652 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2652
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  KLEIN,  SAVINO, AVELLA, CARLUCCI, VALESKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT to amend the penal law, in relation to prohibiting sex offenders
   from playing augmented reality games

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b) of subdivision 4-a of section 65.10 of the
 penal law, as added by chapter 67 of the laws of  2008,  is  amended  to
 read as follows:
   (b)  When  imposing  a  sentence of probation or conditional discharge
 upon a person convicted of an offense for which registration  as  a  sex
 offender is required pursuant to subdivision two or three of section one
 hundred  sixty-eight-a  of  the  correction  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 offender pursuant to
 subdivision six of section one hundred sixty-eight-l of  the  correction
 law  or the internet was used to facilitate the commission of the crime,
 the court shall require, as mandatory conditions of such sentence,  that
 such  sentenced offender be prohibited from using the internet to access
 pornographic material, access a commercial social networking  website[,]
 OR  AUGMENTED REALITY GAME, communicate with other individuals or groups
 for the purpose of promoting sexual relations with persons under the age
 of eighteen, and communicate with a person under  the  age  of  eighteen
 when  such offender is over the age of eighteen, provided that the court
 may permit an offender to use the internet to communicate with a  person
 under  the  age  of eighteen when such offender is the parent of a minor
 child and is not  otherwise  prohibited  from  communicating  with  such
 child. Nothing in this subdivision shall be construed as restricting any
 other  lawful  condition  of  supervision  that  may  be imposed on such
 sentenced offender. As used in this subdivision,  a  "commercial  social
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07789-01-7

 S. 2652                             2
 
 networking website" shall mean any business, organization or other enti-
 ty  operating a website that permits persons under eighteen years of age
 to  be  registered  users  for  the  purpose  of  establishing  personal
 relationships  with other users, where such persons under eighteen years
 of age may: (i) create web pages or profiles  that  provide  information
 about  themselves  where such web pages or profiles are available to the
 public or to other users; (ii) engage in direct or  real  time  communi-
 cation  with  other users, such as a chat room or instant messenger; and
 (iii) communicate with persons over eighteen  years  of  age;  provided,
 however,  that,  for  purposes  of this subdivision, a commercial social
 networking website shall not include a website  that  permits  users  to
 engage  in  such other activities as are not enumerated herein.  AS USED
 IN THIS SUBDIVISION, "AUGMENTED REALITY GAME" MEANS A  DIGITAL  APPLICA-
 TION  OR  GAME,  TYPICALLY ACCESSED ON MOBILE DEVICES, INCLUDING BUT NOT
 LIMITED TO: SMARTPHONES; TABLETS; OR AUGMENTED  REALITY  GLASSES;  WHICH
 CAUSES  USERS  TO  PHYSICALLY  MOVE  TO  AND/OR PERSONALLY INTERACT WITH
 LOCATIONS OUTSIDE THE USER'S PLACE  OF  RESIDENCE  FOR  THE  PURPOSE  OF
 ACHIEVING GOALS OR MOVING FROM PLACE TO PLACE WITHIN THE GAME.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2017-S2652A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8174
2019-2020: S1984

2017-S2652A (ACTIVE) - Summary

Prohibits sex offenders from playing augmented reality games.

2017-S2652A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2652A

 TITLE OF BILL :  An act to amend the executive law and the penal law,
in relation to prohibiting sex offenders from playing augmented
reality games

 PURPOSE :

This bill will prohibit level 2 and level 3 sex offenders on probation
or parole from accessing augmented reality games

 SUMMARY OF PROVISIONS :

Section 1: Prohibits level 2 and 3 sex offenders on parole from
accessing augmented reality games. Defines augmented reality games.

Section 2: Prohibits level 2 and 3 sex offenders on probation or
conditional discharge from accessing augmented reality games. Defines
augmented reality games.

Section 3: The act shall take effect 60 days after it becomes law.

 EXISTING LAW :

Under current law, augmented reality games are not defined, and sex
offenders are not explicitly prohibited from accessing them while on

probation or parole

 JUSTIFICATION :

Augmented reality games are a new class of games that allow users to
engage in scenarios that combine elements of the real world with
fictional elements which are part of the game. These games are often
played on smartphones and tablets, as they usually require the user to
move around from place to place to satisfy certain in-game objectives.

Some of these games, such as the massively popular "Pokemon GO" are
like modern scavenger hunts. They send a user outside his/her home to
real world locations in order to find rare characters/items to gain
more power within the game. Pokemon GO is the first massively popular
augmented reality game, and within less than a month of its
publishing, it garnered 30 million downloads between the iOS and
Google Play app stores.

However, because both children and adults are encouraged to play these
games, (Pokemon GO lists its target audience as all those over ten
years of age), there are inherent risks for unsupervised children.
The IDC has conducted an investigation that has revealed valuable
in-game objectives on the property of sex offenders' residences. It
also discovered at least one instance where a known sex offender was
playing the game with a child in public.

Certain sex offenders, while on probation or parole, are prohibited
from engaging in certain high-risk activities that could endanger
youth or encourage the sex offender's illegal behavior. These
activities include accessing social networking websites, accessing
pornographic material, etc. The usage of augmented reality games, as
they become more popular, could expose these dangerous sex offenders
to children as both the children and sex offenders are encouraged to
congregate at the same locations in the game and interact in the
real-world while playing the game. If a sex offender is prevented from
accessing a social networking website, where they do not have direct
physical access to children, they should certainly be prevented from
playing these augmented reality games, where they inevitably will come
in close proximity to children.

 LEGISLATIVE HISTORY :

2016 - S. 8174 - In Senate Rules

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S2652A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2652--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  KLEIN,  SAVINO, AVELLA, CARLUCCI, VALESKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   prohibiting sex offenders from playing augmented reality games
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 15 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:
   15.  Notwithstanding any other provision of law to the contrary, where
 a person is serving a sentence for an offense for which registration  as
 a  sex  offender  is  required  pursuant  to subdivision two or three of
 section one hundred sixty-eight-a of the correction 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  offender
 pursuant  to subdivision six of section one hundred sixty-eight-l of the
 correction law or the internet was used to facilitate the commission  of
 the  crime,  is released on parole or conditionally released pursuant to
 subdivision one or two of this section,  the  board  shall  require,  as
 mandatory conditions of such release, that such sentenced offender shall
 be  prohibited  from using the internet to access pornographic material,
 access a commercial social networking website[,]  OR  AUGMENTED  REALITY
 GAME,  communicate  with  other individuals or groups for the purpose of
 promoting sexual relations with persons under the age of  eighteen,  and
 communicate  with  a person under the age of eighteen when such offender
 is over the age of eighteen, provided  that  the  board  may  permit  an
 offender  to use the internet to communicate with a person under the age
 of eighteen when such offender is the parent of a minor child and is not
 otherwise prohibited from communicating with such child. Nothing in this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07789-02-7

 S. 2652--A                          2
 
 subdivision shall be construed as restricting any other lawful condition
 of supervision that may be imposed on such sentenced offender.  As  used
 in this subdivision, a "commercial social networking website" shall mean
 any  business,  organization  or  other  entity operating a website that
 permits persons under eighteen years of age to be registered  users  for
 the  purpose  of  establishing  personal relationships with other users,
 where such persons under eighteen years of age may: (i) create web pages
 or profiles that provide information about  themselves  where  such  web
 pages  or  profiles  are available to the public or to other users; (ii)
 engage in direct or real time communication with other users, such as  a
 chat  room or instant messenger; and (iii) communicate with persons over
 eighteen years of age; provided, however, that,  for  purposes  of  this
 subdivision,  a commercial social networking website shall not include a
 website that permits users to engage in such other activities as are not
 enumerated herein.   AS USED IN  THIS  SUBDIVISION,  "AUGMENTED  REALITY
 GAME"  MEANS A DIGITAL APPLICATION OR GAME, TYPICALLY ACCESSED ON MOBILE
 DEVICES,  INCLUDING  BUT  NOT  LIMITED  TO:  SMARTPHONES;  TABLETS;   OR
 AUGMENTED  REALITY  GLASSES;  WHICH  CAUSES  USERS TO PHYSICALLY MOVE TO
 AND/OR PERSONALLY INTERACT WITH LOCATIONS OUTSIDE THE  USER'S  PLACE  OF
 RESIDENCE  FOR  THE  PURPOSE  OF ACHIEVING GOALS OR MOVING FROM PLACE TO
 PLACE WITHIN THE GAME.
   § 2. Paragraph (b) of subdivision 4-a of section 65.10  of  the  penal
 law,  as  added by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (b) When imposing a sentence of  probation  or  conditional  discharge
 upon  a  person  convicted of an offense for which registration as a sex
 offender is required pursuant to subdivision two or three of section one
 hundred sixty-eight-a of the correction 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 offender  pursuant  to
 subdivision  six  of section one hundred sixty-eight-l of the correction
 law or the internet was used to facilitate the commission of the  crime,
 the  court shall require, as mandatory conditions of such sentence, that
 such sentenced offender be prohibited from using the internet to  access
 pornographic  material, access a commercial social networking website[,]
 OR AUGMENTED REALITY GAME, communicate with other individuals or  groups
 for the purpose of promoting sexual relations with persons under the age
 of  eighteen,  and  communicate  with a person under the age of eighteen
 when such offender is over the age of eighteen, provided that the  court
 may  permit an offender to use the internet to communicate with a person
 under the age of eighteen when such offender is the parent  of  a  minor
 child  and  is  not  otherwise  prohibited  from communicating with such
 child. Nothing in this subdivision shall be construed as restricting any
 other lawful condition of  supervision  that  may  be  imposed  on  such
 sentenced  offender.  As  used in this subdivision, a "commercial social
 networking website" shall mean any business, organization or other enti-
 ty operating a website that permits persons under eighteen years of  age
 to  be  registered  users  for  the  purpose  of  establishing  personal
 relationships with other users, where such persons under eighteen  years
 of  age  may:  (i) create web pages or profiles that provide information
 about themselves where such web pages or profiles are available  to  the
 public  or  to  other users; (ii) engage in direct or real time communi-
 cation with other users, such as a chat room or instant  messenger;  and
 (iii)  communicate  with  persons  over eighteen years of age; provided,
 however, that, for purposes of this  subdivision,  a  commercial  social
 networking  website  shall  not  include a website that permits users to

 S. 2652--A                          3
 
 engage in such other activities as are not enumerated herein.   AS  USED
 IN  THIS  SUBDIVISION, "AUGMENTED REALITY GAME" MEANS A DIGITAL APPLICA-
 TION OR GAME, TYPICALLY ACCESSED ON MOBILE DEVICES,  INCLUDING  BUT  NOT
 LIMITED  TO:  SMARTPHONES;  TABLETS; OR AUGMENTED REALITY GLASSES; WHICH
 CAUSES USERS TO PHYSICALLY  MOVE  TO  AND/OR  PERSONALLY  INTERACT  WITH
 LOCATIONS  OUTSIDE  THE  USER'S  PLACE  OF  RESIDENCE FOR THE PURPOSE OF
 ACHIEVING GOALS OR MOVING FROM PLACE TO PLACE WITHIN THE GAME.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S2652A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 30, 2017 - Floor Vote

Floor Vote: Jan 30, 2017

Jan 23, 2017 - Rules Committee Vote

Rules Committee Vote: Jan 23, 2017

Mar 20, 2018 - Codes Committee Vote

Codes Committee Vote: Mar 20, 2018

Bill Amendments

co-Sponsors

2017-S2652 - Details

2017-S2652 - Summary

2017-S2652 - Sponsor Memo

2017-S2652 - Bill Text download pdf

co-Sponsors

2017-S2652A (ACTIVE) - Details

2017-S2652A (ACTIVE) - Summary

2017-S2652A (ACTIVE) - Sponsor Memo

2017-S2652A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2652A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S2652 - Details

2017-S2652 - Summary

2017-S2652 - Sponsor Memo

2017-S2652 - Bill Text download pdf

co-Sponsors

2017-S2652A (ACTIVE) - Details

2017-S2652A (ACTIVE) - Summary

2017-S2652A (ACTIVE) - Sponsor Memo

2017-S2652A (ACTIVE) - Bill Text download pdf

Comments