S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    79
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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 correction law, the penal law and the executive law,
   in  relation  to  prohibiting level three sex offenders from living in
   college housing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
 correction law, as amended by chapter  532  of  the  laws  of  2011,  is
 amended to read as follows:
   (b-1)  If  the sex offender has been given a level two or three desig-
 nation, such offender shall sign the verification form, and  state  that
 he  or  she  still is employed at the address last reported to the divi-
 sion.  IF A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH
 OFFENDER SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGH-
 ER EDUCATION.
   § 2. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   §  168-t.  Penalty. Any sex offender required to register or to verify
 pursuant to the provisions of this article  who  fails  to  register  or
 verify  in  the  manner and within the time periods provided for in this
 article shall be guilty of a class E  felony  upon  conviction  for  the
 first  offense,  and  upon conviction for a second or subsequent offense
 shall be guilty of a class D felony. Any sex offender who  violates  the
 provisions  of  section one hundred sixty-eight-v of this article OR THE
 PROVISIONS OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE  HUNDRED
 SIXTY-EIGHT-F  OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING IN
 STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION shall  be  guilty
 of a class A misdemeanor upon conviction for the first offense, and upon
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05211-01-9

 S. 79                               2
 
 conviction for a second or subsequent offense shall be guilty of a class
 D  felony.  Any such failure to register or verify may also be the basis
 for revocation of parole pursuant to section two hundred fifty-nine-i of
 the  executive  law or the basis for revocation of probation pursuant to
 article four hundred ten of the criminal procedure law.
   § 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 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 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. IF A
 SEX OFFENDER HAS BEEN GIVEN A LEVEL  THREE  DESIGNATION,  SUCH  OFFENDER
 SHALL  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCA-
 TION. Nothing in this subdivision shall be construed as restricting  any
 lawful  condition  of  supervision that may be imposed on such sentenced
 offender.
   § 4. 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 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

 S. 79                               3
 
 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. IF
 A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH  OFFENDER
 SHALL  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCA-
 TION. Nothing in this subdivision shall be construed as restricting  any
 lawful  condition  of  supervision that may be imposed on such sentenced
 offender.
   § 5. This act shall take effect immediately.