Bill Text: NY A01954 | 2011-2012 | General Assembly | Introduced

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Bill Title: Restricts level three sex offenders from residing within one quarter mile of any school or licensed day care facility; makes a violation of this provision a class E felony.

Spectrum: Slight Partisan Bill (Democrat 23-9)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A01954 Detail]

Download: New_York-2011-A01954-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1954
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by  M. of A. GALEF, CYMBROWITZ, ORTIZ, SCHROEDER, MORELLE --
         Multi-Sponsored by -- M. of A. GUNTHER,  HOOPER,  LUPARDO,  MAYERSOHN,
         PHEFFER,  RAMOS,  ROBINSON,  SCHIMMINGER, TOWNS, WEISENBERG, WRIGHT --
         read once and referred to the Committee on Correction
       AN ACT to amend the correction law, in  relation  to  restricting  where
         level three sex offenders may reside
         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 THREE SEX OFFENDERS RESIDENCE LIMITATION; PENALTY. 1.
    5  IT SHALL BE UNLAWFUL FOR ANY LEVEL THREE SEX OFFENDER TO  RESIDE  WITHIN
    6  ONE  QUARTER  MILE OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, HIGH, OR
    7  NURSERY SCHOOL; OR LICENSED DAY CARE FACILITY.
    8    2. NO SHELTER OR HOUSING  ACCOMMODATION  SHALL  PERMIT  OR  CAUSE  THE
    9  PLACEMENT  OF  ANY  LEVEL  THREE SEX OFFENDER IF SUCH SHELTER OR HOUSING
   10  ACCOMMODATION IS WITHIN ONE  QUARTER  MILE  OF  ANY  PUBLIC  OR  PRIVATE
   11  ELEMENTARY, MIDDLE, HIGH, OR NURSERY SCHOOL; OR LICENSED DAY CARE FACIL-
   12  ITY.
   13    3.  THE  RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISIONS ONE AND TWO
   14  OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS  THE  OFFENDER  IS
   15  CLASSIFIED AS A LEVEL THREE SEX OFFENDER.
   16    4.  A  SEX  OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
   17  THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04175-01-1