Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose

Title of bill

An act to amend the penal law and the executive law, in relation to prohibiting certain sex offenders from entering in or upon school grounds without a legitimate purpose

Purpose

This bill amends the penal law and the executive law to prohibit those who are designated as level two sex offenders, whose victims were under the age of eighteen at the time of the offense, to knowingly enter school grounds or any other facility or institution designed for the care of treatment of those under the age of eighteen, for the remainder of his or her natural life, except when there is a legitimate purpose for such entry, which is determined by the office of sex offender management, in order to protect the safety of children.

Summary of provisions

Section 1 amends paragraph (a) of subdivision 4-a of section 65.10 of the penal law, stating that when the court is imposing a sentence of probation or conditional discharge upon a person who is convicted under article 130, 235 or 263 or section 255.25, 255.26 or 255.27 of this chapter and their victim is under the age of eighteen at the time of the offense, if a person has been designated as a level two or three sex offender, the court shall require that the offender refrain for the remainder of their natural life from knowingly enter on school grounds or other facilities or institutions that care or treat those under the age of eighteen without a legitimate purpose, which shall be determined by the office of sex offender management. Section 2 amends subdivision 14 of section 259-c of the executive law, stating that where a person is serving a sentence for an offense defined in article 130, 135 or 263 or section 255.25, 255.26 or 255.27 of the penal law where the victim was under the age of eighteen at the time of the offense, and he or she has been designated a level two or three sex offender, the board shall require as a mandatory condition upon release, that the person refrains for the remainder of his or her natural life from knowingly entering school grounds or any other facility or institutions that primarily cares or treats persons under the age' eighteen without a legitimate purpose as determined by the office of sex offender management.

Justification

Currently, both sections of the penal law and executive law only require restrictions upon those who are classified as level three sex offenders from knowingly entering upon school grounds. The law allows those that are level two sex offenders, once they are off probation or conditionally discharged to enter upon school grounds or facilities/institutions that care for youth without any restrictions, despite the fact that the victims of their charged offense were under the age of eighteen at the time the crime was committed.

This bill would restrict both level two and three sex offenders from knowingly entering upon school grounds or those facilities/institutions that care for those under the age of eighteen without a legitimate purpose. The legitimate purpose would be determined by the office of sex offender management. This bill provides for the continued safety for children on school grounds and when they are in a facility or institution that is caring or treating for them.

Bill history

None.

Fiscal implications

None.

Effective date

This bill shall take effect on the sixtieth day after it shall have become a law.