Establishes the offense of unlawfully residing or entering upon school grounds

Summary of specific provisions

Section 1: Adds a new section 130.82 to the Penal Law to create the crime of "Unlawfully Residing or Entering Upon School Grounds in the Second Degree", a class A misdemeanor, when a registered sex offender whose victim was under the age of 18 or any Level 3 sex offenders resides or enters upon school grounds as defined in section 220.00 (14) of Penal Law, during the period of time such person is required to register and verify under the Sex Offender Registration Act. Section 220.00 (14) of Penal Law defines "school grounds" as in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets,parking lots, parks, playgrounds, stores and restaurants.

Provides an affirmative defense if (1) is a registered student or employee of the school or has a family member enrolled in the school, and (2) the defendant entered upon the school grounds for the limited purposes authorized by the superintendent or chief administrator of the school.

Adds a new section 130.83 to the Penal Law, "Unlawfully Residing or Entering Upon School Grounds in the First degree", a class E felony. This crime occurs when a person commits the second degree offense and has previously been convicted of the first or second degree offense within the previous five years.

Section 2: Effective date.

Effects of present law which this bill would alter

A registered sex offender whose victim was under the age of 8 or any Level 3 sex offender released on probation, parole, conditional discharge or conditional release may not knowingly enter school grounds.

When such sentence ends, the sex offender has no restriction on his or her movement or residence.

Justification

Society has learned from past mistakes, but it has often come after a tragedy that entices us to act. Sex offenders are believed to be amongst the worst of repeat offenders, with a recidivism rate especially high. Therefore our laws should reflect our knowledge that the recidivism rate is high by restricting their activities long after their sentences have been served. Under current law, persons who are convicted of a sex offense where the victim is under the age of 18 as well as all Level 3 sex offender who are placed on probation, are released by a local condi- tional release commission, or are released from prison on parole are required, as a mandatory condition, to refrain from knowingly entering upon school grounds during the period of time such sex offender is under supervision by either the probation Department or the Division of Parole.

However, once the sex offender has completed his or her sentence and is no longer under supervision he or she can enter upon school grounds. This bill seeks to change that.

It is an anomaly that a sex offender who is being supervised by a probation officer or a parole officer may not enter upon school grounds whereas a sex offender who has no supervision may enter school grounds. This bill eliminates that anomaly. High risk sex offenders are required to be 011 the sex offender registry for life. Therefore they should be restricted from certain activities for life

Prior legislative history

2008: A.5517; Held for consideration in Codes 2007: A.5517; Referred to Codes 2006: A.7863; Referred to Codes 2005: A.7863; Referred to Codes

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.