What's happening
This bill prohibits sex offenders from entering or being within 1,000 feet of any child day care home or facility.
Why it matters
Expands current restrictions. The bill broadens existing law by including all child day care homes and facilities—public or private, home-based or center-based—within the 1,000-foot exclusion zone for certain sex offenders, not just traditional schools.
Affects daily life and mobility. Sex offenders on probation, parole, or conditional release who meet the criteria will have significantly restricted access to many neighborhoods, workplaces, and public areas where day cares are present, potentially impacting housing and employment options.
Includes exceptions with oversight. The law allows for case-by-case exceptions if the offender is a student, employee, or has a family member at a restricted site, but only with written permission from both supervisory (probation/parole) officers and facility administrators, emphasizing oversight and accountability.
Responds to safety concerns in community-based care. By specifically referencing the legal definition of child day care, the bill addresses gaps in prior laws that may have excluded smaller, home-based or less formal child care environments, reflecting heightened concern for child safety in all settings.
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Who cares
Headline styles
Keep Sex Offenders from Daycares
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1237
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ZEBROWSKI, THIELE, TITUS, RAIA, GRAF, DiPIETRO, MURRAY, SKOUFIS -- Multi-Sponsored by -- M. of A. LALOR, MAGEE, McDO- NOUGH, RIVERA -- read once and referred to the Committee on Correction
AN ACT to amend the penal law and the executive law, in relation to prohibiting sex offenders from being upon the premises of any home or facility where child day care is provided
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 chapter, 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 of the correction law, the court shall require, as a mandatory condition of such sentence, 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 this chapter, or into, upon or within one thousand feet of any other facility or institution primarily used for the care or treatment of persons under the age of eighteen, which shall include but not be limited to any home or facility where child day care, as such term is defined in paragraph (a) of subdivision one of section three hundred ninety of the social services law, is provided, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04384-01-7
A. 1237 2
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. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
§ 2. 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 offender 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 into, upon or within one thousand feet of any other facility or institution primarily used for the care or treatment of persons under the age of eighteen, which shall include but not be limited to any home or facility where child day care, as such term is defined in paragraph (a) of subdivision one of section three hundred ninety of the social services law, is provided, 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 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. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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