S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2472
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- 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 a child care provider, a preschool or any place where
   pre-kindergarten or kindergarten instruction is provided; and to amend
   the  executive  law,  in  relation  to  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  A  CHILD  CARE
 PROVIDER,  A PRESCHOOL, OR ANY FACILITY OR INSTITUTION WHERE PRE-KINDER-
 GARTEN 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  offen-
 der is a registered student or participant or an employee of such facil-
 ity  or  institution  or  entity  contracting  therewith or has a family
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01604-01-9

 A. 2472                             2
 
 member enrolled in such facility or institution, 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  subdivision  shall be construed as
 restricting any lawful condition of supervision 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
 EVERY CHILD CARE PROVIDER, PRESCHOOL AND ANY OTHER FACILITY OR  INSTITU-
 TION 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 A CHILD CARE PROVIDER, A PRESCHOOL, OR 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 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  subdivision  shall  be  construed  as
 restricting  any  lawful condition of supervision 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.