S 3522: Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided.

  
  STATE OF NEW YORK ________________________________________________________________________ 3522 2025-2026 Regular Sessions  IN SENATE January 28, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law and the penal law, in relation to prohibiting certain convicted sex offenders from knowingly being with- in 1,000 feet of any place where pre-kindergarten or kindergarten instruction is provided; and to amend the executive law, in relation to directing the commissioner of corrections and community supervision to apply for quarterly listings of all elementary and secondary schools in the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 14 of section 259-c of the executive law, as 2 amended by section 38-b of subpart A of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 14. notwithstanding any other provision of law to the contrary, where 5 a person serving a sentence for an offense defined in article one 6 hundred thirty, one hundred thirty-five or two hundred sixty-three of 7 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 8 the victim of such offense was under the age of eighteen at the time of 9 such offense or such person has been designated a level three sex offen- 10 der pursuant to subdivision six of section one hundred sixty-eight-l of 11 the correction law, is released on parole or conditionally released 12 pursuant to subdivision one or two of this section, the board shall 13 require, as a mandatory condition of such release, that such sentenced 14 offender shall refrain from knowingly entering into or upon any school 15 grounds, as that term is defined in subdivision fourteen of section 16 220.00 of the penal law, or within one thousand feet of any facility or 17 institution where pre-kindergarten or kindergarten instruction is 18 provided, or any other facility or institution primarily used for the 19 care or treatment of persons under the age of eighteen while one or more 20 of such persons under the age of eighteen are present, provided however, 21 that when such sentenced offender is a registered student or participant 22 or an employee of such facility or institution or entity contracting EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07428-01-5 
 S. 3522 2 1 therewith or has a family member enrolled in such facility or institu- 2 tion, such sentenced offender may, with the written authorization of 3 [his or her] their parole officer and the superintendent or chief admin- 4 istrator of such facility, institution or grounds, enter such facility, 5 institution or upon such grounds for the limited purposes authorized by 6 the parole officer and superintendent or chief officer. Nothing in this 7 subdivision shall be construed as restricting any lawful condition of 8 supervision that may be imposed on such sentenced offender. 9 § 2. The executive law is amended by adding a new section 259-f to 10 read as follows: 11 § 259-f. Quarterly reports of schools. 1. On a quarterly basis the 12 commissioner shall obtain an updated list from the commissioner of 13 education, of every elementary and secondary school in the state, and of 14 any other facility or institution where pre-kindergarten or kindergarten 15 instruction is provided. 16 2. The commissioner shall distribute the information received pursuant 17 to subdivision one of this section to the board and to the director of 18 probation and correctional alternatives. 19 3. On or before February first each year, the commissioner shall noti- 20 fy the governor, the temporary president of the senate, the speaker of 21 the assembly, the minority leader of the senate and the minority leader 22 of the assembly, on the compliance with this section. 23 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 24 law, as amended by chapter 67 of the laws of 2008, is amended to read as 25 follows: 26 (a) When imposing a sentence of probation or conditional discharge 27 upon a person convicted of an offense defined in article one hundred 28 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 29 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 30 of such offense was under the age of eighteen at the time of such 31 offense or such person has been designated a level three sex offender 32 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l 33 of the correction law, the court shall require, as a mandatory condition 34 of such sentence, that such sentenced offender shall refrain from know- 35 ingly entering into or upon any school grounds, as that term is defined 36 in subdivision fourteen of section 220.00 of this chapter, or within one 37 thousand feet of any facility or institution where pre-kindergarten or 38 kindergarten instruction is provided, or any other facility or institu- 39 tion primarily used for the care or treatment of persons under the age 40 of eighteen while one or more of such persons under the age of eighteen 41 are present, provided however, that when such sentenced offender is a 42 registered student or participant or an employee of such facility or 43 institution or entity contracting therewith or has a family member 44 enrolled in such facility or institution, such sentenced offender may, 45 with the written authorization of [his or her] their probation officer 46 or the court and the superintendent or chief administrator of such 47 facility, institution or grounds, enter such facility, institution or 48 upon such grounds for the limited purposes authorized by the probation 49 officer or the court and superintendent or chief officer. Nothing in 50 this subdivision shall be construed as restricting any lawful condition 51 of supervision that may be imposed on such sentenced offender. 52 § 4. This act shall take effect immediately, except that sections one 53 and three of this act shall take effect on the first of July next 54 succeeding the date on which it shall have become a law.