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Title of bill
An act to amend the penal law, in relation to establishing the offense of unlawfully residing or entering upon school grounds
Purpose
To prohibit persons who are required to register as sex offenders from residing or entering upon school grounds during the period of time such persons are required to register and verify.
Summary of provisions
Section 1 adds a new section 130.82 to the Penal Law entitled, "Unlawfully residing or entering upon school grounds in the second degree", a class A misdemeanor. Under the bill a person who is convicted of an offense which requires the person to register as a sex offender may not reside or enter upon school grounds during the period of time the person is required to register and verify. The bill also provides that it is an affirmative defense to the crime that the defendant (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.
Section 1 also 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 in the previous five years.
Existing law
Current law provides that level one or two offenders whose victim was under the age of eighteen and are still on probation or parole must not enter within 1000 feet of school grounds or daycare Centers. Also, all level three offenders regardless of the age of their victim who are still on probation or parole may not enter within 1000 feet of school or daycare centers.
Justification
Under current law persons who are convicted of a sex offense where the victim is under the age of eighteen for level one and two offenders and who are placed on probation, or who are released by a local conditional release commission, or released on parole are required, as a mandatory condition, to refrain from knowingly entering within 1000 feet of school grounds or daycare centers during the period of time the sex offender is under supervision by either the Parole Department or the Division of Parole. This is also the case for all level three offenders regardless of the age of the victim. However, once the sex offender is no longer under supervision he or she can enter upon such grounds.
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.
Legislative history
2007/2008 - S.436 - Passed Senate 59-2 Non-Controversial/Assembly Codes 2005/2006 - S.2452 - Passed Senate/Assembly Codes
Fiscal implications
None.
Effective date
November first, next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.