What's happening
This bill prohibits sex offenders from being within 1,000 feet of any child day care home or facility, with some exceptions.
Why it matters
Expands restricted zones for sex offenders. The bill significantly broadens the areas that certain sex offenders cannot enter, not just school grounds but also any location providing child day care—including private homes—within 1,000 feet, which could impact where offenders can live, work, or travel.
Directly affects people on probation, parole, or conditional release. This legislation applies new mandatory conditions to those convicted of specific sex offenses involving minors or designated as level three sex offenders, increasing the scope and intensity of post-release supervision.
Includes exceptions with oversight. There are pathways for exceptions (e.g., if the offender is a registered student, employee, or has a family member at the facility), but only with written authorization from both supervisory authorities and facility administrators, adding layers of administrative review and discretion.
Could influence child care and community dynamics. By defining day care homes as protected spaces, the bill may give reassurance to parents and child care providers but could also raise concerns about housing, employment, and reintegration challenges for offenders, as well as practical enforcement issues for authorities.
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Who cares
Headline styles
Bar Sex Offenders From Daycares
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
4 Multi-sponsors
History
- Referred to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Sex Offenders Near Daycares
In Senate Committee · Codes · Sponsor Anna Kaplan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3480
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. ZEBROWSKI, THIELE, TITUS, RAIA, DiPIETRO -- Multi-Sponsored by -- M. of A. BARCLAY, LALOR, McDONOUGH, 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.
LBD02042-01-9
A. 3480 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.