A01451 Summary:

BILL NOA01451
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSR
 
MLTSPNSR
 
Ren 168-w to be 168-x, add 168-w, Cor L; amd 65.10, Pen L; amd 259-c, Exec L; amd 2801, Ed L
 
Relates to prohibiting certain sex offenders from entering any school grounds; requires school districts to adopt 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.
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A01451 Actions:

BILL NOA01451
 
01/15/2019referred to correction
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A01451 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1451
 
SPONSOR: Santabarbara
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This legislation would make it unlawful for a level two or three sex offender to knowingly enter into or upon any school grounds. Further- more, it requires a school district to implement procedures regarding the admission of such visitors to school facilities. Written permission from the superintendent of schools and supervision by school official or law enforcement of any level 2 or 3 sex offender would be required, as well as, notifying local law enforcement.   SUMMARY OF SPECIFICPROVISIONS: Section 1: Prohibition on entering any school grounds for such persons classified as a level two or three sex offender. Said prohibition shall remain in effect as long as a person is still classified as a level two or three sex offender. Section 2: When imposing probation or conditional discharge to a person designated as a level two or three sex offender or if the victim of such offense was under eighteen years of age, then such person shall be required by the court to refrain from entering into or upon any school ground or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen. This is unless such offender is a registered student, employee, or has a family member enrolled and receives written authorization to enter into or upon such facility. Section 3: no subdivision shall be constructed as restricting any lawful condition of supervision that may be imposed on such offenders. Section 4: Amendment to paragraph b of subdivision 2 of section 2801 of the education law, as added to chapter 181 of the laws of 2000 involving the admissions procedures of visitors in school buildings and to ensure such visitors are not registered level two or three sex offenders. Section 5: This act shall take effect on the ninetieth day after it shall have become law.   JUSTIFICATION: Access into our schools must be protected. This legislation will help ensure a uniform best practices policy can be adopted, restricting access to school property and that visitors are screened prior to enter- ing the school. This legislation also ensures that both the school superintendent and local law enforcement are notified if a visitor on the sex offender registry is a student, employee or visiting a family member they must receive written permission first and be supervised by a school official or law enforcement.   PRIOR LEGISLATIVE HISTORY: 2017-18: A8041 - referred to correction   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
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A01451 Text:



 
                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 requir-
          ing 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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 168-w of the correction law, as relettered by chap-
     2  ter 604 of the laws of 2005, is  renumbered  section  168-x  and  a  new
     3  section 168-w is added to read as follows:
     4    §  168-w. Prohibition on entering any school grounds.  Notwithstanding
     5  any other law, rule or regulation to the contrary, it shall be  unlawful
     6  for  any level two or three sex offender to knowingly enter into or upon
     7  any school grounds, as that term is defined in subdivision  fourteen  of
     8  section 220.00 of the penal law. The prohibition imposed by this section
     9  shall  remain in effect for as long as a person is classified as a level
    10  two or three sex offender.
    11    § 2. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
    12  law, as amended by chapter 67 of the laws of 2008, is amended to read as
    13  follows:
    14    (a)  When  imposing  a  sentence of probation or conditional discharge
    15  upon a person convicted of an offense defined  in  article  one  hundred
    16  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
    17  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
    18  of  such  offense  was  under  the  age  of eighteen at the time of such
    19  offense or such person has been designated a  level  two  or  three  sex
    20  offender  pursuant to subdivision six of section 168-l of the correction
    21  law, the court shall require, as a mandatory condition of such sentence,
    22  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
 
     1  or upon any school grounds, as that term is defined in subdivision four-
     2  teen  of section 220.00 of this chapter, or any other facility or insti-
     3  tution primarily used for the care or treatment of persons under the age
     4  of  eighteen while one or more of such persons under the age of eighteen
     5  are present[, provided however, that when such sentenced offender  is  a
     6  registered  student  or  participant  or an employee of such facility or
     7  institution or entity contracting  therewith  or  has  a  family  member
     8  enrolled  in  such facility or institution, such sentenced offender may,
     9  with the written authorization of his or her probation  officer  or  the
    10  court  and  the  superintendent or chief administrator of such facility,
    11  institution or grounds, enter such facility, institution  or  upon  such
    12  grounds  for the limited purposes authorized by the probation officer or
    13  the court and superintendent or chief officer]. Nothing in this subdivi-
    14  sion shall be construed as restricting any lawful  condition  of  super-
    15  vision that may be imposed on such sentenced offender.
    16    §  3. Subdivision 14 of section 259-c of the executive law, as amended
    17  by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
    18  2011, is amended to read as follows:
    19    14.  notwithstanding any other provision of law to the contrary, where
    20  a person serving a sentence  for  an  offense  defined  in  article  one
    21  hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
    22  the penal law or section 255.25, 255.26 or 255.27 of the penal  law  and
    23  the  victim of such offense was under the age of eighteen at the time of
    24  such offense or such person has been designated a level two or three sex
    25  offender  pursuant  to  subdivision   six   of   section   one   hundred
    26  sixty-eight-l  of  the  correction  law, is released on parole or condi-
    27  tionally released pursuant to subdivision one or two  of  this  section,
    28  the  board shall require, as a mandatory condition of such release, that
    29  such sentenced offender shall refrain from knowingly  entering  into  or
    30  upon any school grounds, as that term is defined in subdivision fourteen
    31  of section 220.00 of the penal law, or any other facility or institution
    32  primarily  used  for  the  care or treatment of persons under the age of
    33  eighteen while one or more of such persons under the age of eighteen are
    34  present[, provided however, that  when  such  sentenced  offender  is  a
    35  registered  student  or  participant  or an employee of such facility or
    36  institution or entity contracting  therewith  or  has  a  family  member
    37  enrolled  in  such facility or institution, such sentenced offender may,
    38  with the written authorization of his or  her  parole  officer  and  the
    39  superintendent  or  chief administrator of such facility, institution or
    40  grounds, enter such facility, institution or upon such grounds  for  the
    41  limited  purposes authorized by the parole officer and superintendent or
    42  chief officer].   Nothing in this  subdivision  shall  be  construed  as
    43  restricting  any  lawful condition of supervision that may be imposed on
    44  such sentenced offender.
    45    § 4. Paragraph b of subdivision 2 of section  2801  of  the  education
    46  law,  as added by chapter 181 of the laws of 2000, is amended to read as
    47  follows:
    48    b. standards and procedures to assure security and safety of  students
    49  and  school personnel, including, but not limited to, procedures for the
    50  admission of visitors to a school  building  including  to  ensure  such
    51  visitors are not registered as level two or three sex offenders pursuant
    52  to article six-C of the correction law;
    53    §  5.  This  act shall take effect on the ninetieth day after it shall
    54  have become a law.
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A01451 LFIN:

 NO LFIN
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