New York A 5028: Prohibits sex offenders whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a child care provider, preschool or any pre-kindergarten or kindergarten

Bill Text

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A05028 Summary:

BILL NOA05028 

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SAME ASNo Same As

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SPONSORJacobson

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COSPNSRBrabenec, Walsh, Raga, Eachus

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MLTSPNSR

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Amd §259-c, Exec L; amd §65.10, Pen L

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

Go to top A05028 Actions:

BILL NOA05028 

&nbsp

02/11/2025referred to correction

01/07/2026referred to correction

Go to topA05028 Committee&nbspVotes:

Go to topA05028 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05028 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5028

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 11, 2025
 ___________

 Introduced by M. of A. JACOBSON, BRABENEC, WALSH, RAGA, EACHUS -- read
 once and referred to the Committee on 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 a child care provider, a preschool or any place where
 pre-kindergarten or kindergarten instruction is provided

 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 a child care
 17 provider, a preschool, or any facility or institution where pre-kinder-
 18 garten or kindergarten instruction is provided, or any other facility or
 19 institution primarily used for the care or treatment of persons under
 20 the age of eighteen while one or more of such persons under the age of
 21 eighteen are present, provided however, that when such sentenced offen-
 22 der is a registered student or participant or an employee of such facil-
 23 ity or institution or entity contracting therewith or has a family

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03355-01-5

 A. 5028 2

 1 member enrolled in such facility or institution, such sentenced offender
 2 may, with the written authorization of [his or her] the sentenced
 3 offender's parole officer and the superintendent or chief administrator
 4 of such facility, institution or grounds, enter such facility, institu-
 5 tion or upon such grounds for the limited purposes authorized by the
 6 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. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
 10 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 11 follows:
 12 (a) When imposing a sentence of probation or conditional discharge
 13 upon a person convicted of an offense defined in article one hundred
 14 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 15 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 16 of such offense was under the age of eighteen at the time of such
 17 offense or such person has been designated