New York S 3095: Prohibits level two or three sex offenders from voting at a school or facility for children

Bill Text

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S03095 Summary:

BILL NOS03095 

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SAME ASNo Same As

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SPONSORORTT

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COSPNSRROLISON

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MLTSPNSR

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Add §§145.75 & 145.80, Pen L; amd §8-400, add §17-172, El L; amd §§2018-a & 2018-b, Ed L

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Prohibits level two or three sex offenders from voting at a school or facility for children; authorizes absentee voting for such offenders.

Go to top S03095 Actions:

BILL NOS03095 

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01/23/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03095 Committee&nbspVotes:

Go to topS03095 Floor&nbspVotes:

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

Go to topS03095 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3095

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. ORTT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, the election law and the education law,
 in relation to voting by level two or level three sex offenders

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding two new sections 145.75
 2 and 145.80 to read as follows:
 3 § 145.75 Unlawfully entering or remaining in a school or facility for
 4 children for the purposes of voting in the second degree.
 5 1. A person is guilty of unlawfully entering or remaining in a school
 6 or facility for children for the purposes of voting in the second
 7 degree, when being a level two or level three sex offender, such person
 8 enters or remains in a school or facility for children for the purposes
 9 of casting a ballot or otherwise voting during any primary, general,
 10 special, school district or other election in which residents, regis-
 11 tered or qualified voters are entitled to cast ballots.
 12 2. For the purposes of this section: (a) "level two or level three sex
 13 offender" shall mean a person registered or required to register under
 14 section one hundred sixty-eight-f of the correction law who has received
 15 a level two or level three designation pursuant to section one hundred
 16 sixty-eight-l of the correction law; and (b) "school or facility for
 17 children" shall mean a building, structure, athletic playing field,
 18 playground or land contained within the real property boundary line of a
 19 public or private elementary, parochial, intermediate, junior high,
 20 vocational, or high school, or any other facility or institution prima-
 21 rily used for the care or treatment of persons under the age of eighteen
 22 while one or more of such persons under the age of eighteen are present.
 23 Unlawfully entering or remaining in a school or facility for children
 24 for the purposes of voting in the second degree is a class A misdemea-
 25 nor.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06954-01-5

 S. 3095 2

 1 § 145.80 Unlawfully entering or remaining in a school or facility for
 2 children for the purposes of voting in the first degree.
 3 A person is guilty of unlawfully entering or remaining in a school or
 4 facility for children for the purposes of voting in the first degree
 5 when such person commits the crime of unlawfully entering or remaining
 6 in a school or facility for children for the purposes of voting in the
 7 second degree, having previously been convicted of such crime within the
 8 preceding ten years.
 9 Unlawfully entering or remaining in a school or facility for children
 10 for the purposes of voting in the first degree is a class E felony.
 11 § 2. Paragraph (d) of subdivision 1 of section 8-400 of the election
 12 law, as amended by chapter 63 of the laws of 2010, is amended and a new
 13 paragraph (e) is added to read as follows:
 14 (d) absent from [his or her] their voting residence because [he or she
 15 is] they are detained in jail awaiting action by a grand jury or await-
 16 ing trial, or confined in jail or prison after a conviction for an
 17 offense other than a felony, provided that [he or she] such voter is
 18 qualified to vote in the election district of [his or her] their resi-
 19 dence[.]; or
 20 (e) prohibited from appearing perso