Bill Text: NY A00752 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to sex offender residence limitation; restricts level two and three sex offenders from residing within 1,500 feet of their victims.

Spectrum: Slight Partisan Bill (Democrat 22-14)

Status: (Introduced - Dead) 2016-01-06 - referred to correction [A00752 Detail]

Download: New_York-2015-A00752-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          752
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. BRAUNSTEIN, SALADINO, SIMANOWITZ, MOSLEY, CRESPO,
         RIVERA,  ZEBROWSKI, OTIS, CAMARA, FAHY, SKOUFIS, GUNTHER, SCHIMMINGER,
         KEARNS,  GALEF,  SCARBOROUGH,  BROOK-KRASNY,  STECK,  PERRY,   STIRPE,
         BARRETT,  RUSSELL  --  Multi-Sponsored by -- M. of A. CERETTO, CROUCH,
         DiPIETRO, DUPREY, FINCH, GIGLIO, GOODELL, HIKIND,  MARKEY,  McDONOUGH,
         McLAUGHLIN,  PALMESANO,  RA,  RAIA  --  read  once and referred to the
         Committee on Correction
       AN ACT to amend the correction  law,  in  relation  to  restricting  sex
         offenders from residing near the residence of their victim
         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  relettered  section  168-x  and  a  new
    3  section 168-w is added to read as follows:
    4    S  168-W. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION;
    5  PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR  LEVEL  THREE  SEX
    6  OFFENDER  TO  KNOWINGLY  RESIDE WITHIN FIFTEEN HUNDRED FEET OF THE RESI-
    7  DENCE OF A VICTIM OF HIS OR HER SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE.
    8    2. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISION  ONE  OF  THIS
    9  SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED
   10  AS A LEVEL TWO OR THREE SEX OFFENDER.
   11    3.  IN ANY PROSECUTION PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIR-
   12  MATIVE DEFENSE THAT, AFTER  THE  SEX  OFFENDER'S  CONVICTION  OF  A  SEX
   13  OFFENSE  OR  SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH OFFENSE ESTAB-
   14  LISHED A RESIDENCE WITHIN FIFTEEN HUNDRED FEET  OF  THE  SEX  OFFENDER'S
   15  RESIDENCE.
   16    4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO REQUIRE THE DISCLO-
   17  SURE OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX OFFENDER.
   18    5.  A  SEX  OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
   19  THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02347-01-5