Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries

Summary of provisions

Section one amends 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 to state that where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty five ox two hundred sixty three 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 offender, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, 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 public library, association library or free library, as defined in subdivision two of section two hundred fifty-three of the education law.

Section two amends Subdivision 4-a of section 65.10 of the penal law as amended by chapter 67 of the laws of 2008 stating the mandatory conditions for sex offenders.

Section three is the effective date.

Justification

Libraries are a place that families can bring their children to learn and to participate in community activities. Parents should not have to worry about their safety and the safety of their children. This measure is necessary because it would prohibit a sex offender from entering a library where they could use a public computer with Internet access to communicate with children or adults with the intention to do harm. Another example why this bill is necessary, in 2008, in the Commonwealth of Massachusetts, a Level 3 sex offender sexually assaulted a six year old boy in the magazine aisle while his mother was using one of the libraries computers.

The predator took the victim into a quiet corner of the library room and raped him. In 2001, this Level III suspect pleaded guilty to indecent assault and battery upon a child under fourteen -years of age. He spent four years in prison. Prior to his release, police said three experts told a judge that he was still sexually dangerous and

should remain beyond bars. Nonetheless the judge released him into society. This bill is necessary because current state law prohibits a Level III sex offender who is released on parole or conditionally released and who committed their crime against a person under 18 years of age, from knowingly entering into or upon any school grounds or facilities or institutions that are primarily used for the care or treatment of persons under the age of eighteen. This legislation would add libraries to the list of places that sex offenders cannot enter where children under the age of eighteen congregate. This bill is necessary to protect our children from being harmed by a sex offender. Our libraries should be a safe haven for families not sexual predators.

Legislative history

2012: S.3744 - Passed Senate 2011: S.3744 - Passed Senate 2010: S.728 - Referred to Crime Victims, Crime and Correction/A.2944 - Referred to Codes 2009: S.728 - Referred to Codes A.2944 - Referred to Codes 2008: S.6907 - Passed Senate/A.10375 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.