S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3687
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by  M. of A. GUNTHER, RIVERA, JAFFEE, RAIA, CROUCH -- Multi-
   Sponsored by -- M. of A.  HAWLEY,  MOSLEY,  RAMOS  --  read  once  and
   referred to the Committee on Codes
 
 AN  ACT  to  amend the penal law, in relation to prohibiting certain sex
   offenders from entering a school bus or within one thousand feet of  a
   school bus stop

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   4-a. Mandatory conditions for  sex  offenders.  (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  thir-
 ty-five  or  two hundred sixty-three of this chapter, 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 knowingly  entering  into  or
 upon any school grounds, as that term is defined in subdivision fourteen
 of  section  220.00  of  this  chapter, OR ANY SCHOOL BUS, AS DEFINED IN
 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR  WITHIN
 ONE THOUSAND FEET OF A DESIGNATED SCHOOL BUS STOP, DEFINED AS A REGULAR-
 LY  OCCURRING  STOP  WHERE PASSENGERS ARE DISCHARGED OR TAKEN ON, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01149-01-9

 A. 3687                             2
 
 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 subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   (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,
 communicate with other individuals or groups for the purpose of  promot-
 ing  sexual relations with persons under the age of eighteen, and commu-
 nicate 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 eigh-
 teen when such offender is the parent of a minor child and is not other-
 wise 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  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.
   § 2. This act shall take effect immediately.