BILL NUMBER: S3296
SPONSOR: ADDABBO
 
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 paragraph (a) of subdivision 4-a of section 65.10
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::
S. 200 of 2021/22; Referred to Codes
S. 7279/A. 3480 of 2019/20; Referred to Codes
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S3296: 65.10 penal law, 65.10(4-a) penal law, 259-c executive law, 259-c(14) executive law