What's happening
This bill prohibits level two and three sex offenders from entering school grounds and requires schools to check visitors for such offender status.
Why it matters
Expands restrictions on sex offenders. The bill broadens existing law by prohibiting both level two and level three sex offenders from entering any school grounds, regardless of why they wish to enter, for as long as they are classified as such.
Removes exceptions for family and employment. Previously, some offenders could enter school grounds with written permission if they were students, employees, or had family members at the school. This bill eliminates those exceptions, meaning no special permissions can be granted under those circumstances.
Mandates active school compliance. Schools will be required to establish procedures to screen all visitors against the sex offender registry, increasing the administrative burden but also potentially improving the safety of students and staff by actively preventing registered offenders from entering.
Uniform application across supervision statuses. The new rules apply not only to offenders on probation or parole, but also to any level two or three sex offender, regardless of whether they are still under supervision, thereby tightening long-term restrictions and oversight.
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Who cares
Headline styles
Keep Sex Offenders Out Schools
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 111
No co-sponsors yet.
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1451
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, the penal law and the executive law, in relation to prohibiting certain sex offenders from entering any school grounds; and to amend the education law, in relation to requiring school districts to adopt procedures for the admission of visitors to a school building
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is renumbered section 168-x and a new section 168-w is added to read as follows:
§ 168-w. Prohibition on entering any school grounds. Notwithstanding any other law, rule or regulation to the contrary, it shall be unlawful for any level two or three sex offender to knowingly enter into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law. The prohibition imposed by this section shall remain in effect for as long as a person is classified as a level two or three sex offender.
§ 2. 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 two or 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06468-01-9
A. 1451 2
or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of this chapter, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen 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 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.
§ 3. 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 two or 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 any other facility or institution primarily used for the care or treatment of persons under the age of eighteen 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.
§ 4. Paragraph b of subdivision 2 of section 2801 of the education law, as added by chapter 181 of the laws of 2000, is amended to read as follows:
b. standards and procedures to assure security and safety of students and school personnel, including, but not limited to, procedures for the admission of visitors to a school building including to ensure such visitors are not registered as level two or three sex offenders pursuant to article six-C of the correction law;
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
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