What's happening
This bill prohibits sex offenders from being within 1,000 feet of homes or facilities providing child day care in New York.
Why it matters
Expands restrictions on sex offenders. The bill broadens existing laws to prohibit certain sex offenders from being not only on school grounds, but also within 1,000 feet of any home or facility providing child day care, significantly increasing the areas these individuals are barred from.
Covers a wide range of child care settings. By specifically referencing the definition of child day care from the social services law, the bill ensures that both formal centers and home-based daycares are included, closing loopholes that might otherwise allow contact with children in less formal environments.
Includes exceptions with oversight. The legislation allows for exceptions (such as if the offender is a student, employee, or has a family member at the facility), but only with written authorization from both their supervising officer and the facility’s administrator, adding layers of review for any exceptions.
Impacts daily life and housing options for offenders. These restrictions may limit where affected individuals can live, work, or travel, potentially leading to challenges in housing stability and reintegration, especially in densely populated areas with many child care facilities.
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Who cares
People subject to the bill’s sex-offender supervision conditions
The bill would bar them from knowingly entering or coming within 1,000 feet of covered child-care and treatment facilities, expressly including day-care homes, while minors are present, subject to limited written exceptions.
Child day-care operators and administrators
Their homes and facilities would be expressly covered by the restrictions, and administrators would share responsibility for authorizing limited entry for eligible individuals.
Probation and parole officers
They would oversee the expanded supervision restrictions and have a role in granting written authorization for limited entry.
Sentencing courts and the Board of Parole
They would have to impose the expanded restrictions as mandatory conditions for people covered by the bill.
Headline styles
Ban Sex Offenders Near Daycares
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to codes
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.
Bar Sex Offenders From Daycares
In Assembly Committee · Correction · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7279
IN SENATE
January 15, 2020
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02042-01-9
S. 7279 2
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.
Sponsor's memo
Title of bill
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
Purpose
This legislation will prohibit sex offenders who are on parole or probation, or conditionally discharged from being into, Upon or within one thousand feet upon the premises of any facility proving day care.
Summary of provisions
Section One - amends chapter 67 of the penal law to state that when a person is convicted of an offense and has been designated a level three sex offender, the court shall require as a mandatory condition of such sentence, that the offender will refrain from knowingly entering a facility where a child day care.
Section Two - amends the subdivision 14 of section 259-c of the execu- tive law to state that when a person is convicted of an offense and has been designated a level three sex offender, the court shall require as a mandatory condition of such sentence, that the offender will refrain from knowingly entering a facility where a child day care.
Section Three - states this law would take effects immediately.
Justification
Across the state, not willing to wait for the courts to move forward, municipalities and counties are taking proactive measures to protect their children from violent sexual predators by enacting residency requirement legislation to keep sex offenders away from children. This legislation will close a currant loophole in the law, that allows level three sex offenders to live within 1,000 feet of a day care facility. Under the current law, day care facilities can be interpreted as places of businesses that are not protected from sex offenders.
Legislative history
A.1237 of 2017-18,
A.1658 of 2015-16,
A.7614 of 2013-2014.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.