Bill Text: NY A03277 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

Spectrum: Slight Partisan Bill (Democrat 18-10)

Status: (Introduced - Dead) 2011-12-06 - enacting clause stricken [A03277 Detail]

Download: New_York-2011-A03277-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3277
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of A. SPANO, BENEDETTO, GABRYSZAK, GUNTHER, LANCMAN,
         MAISEL, WEISENBERG, GIBSON, ORTIZ, HOOPER,  STEVENSON  --  Multi-Spon-
         sored by -- M. of A. ABBATE, BARRON, BOYLAND, BURLING, CORWIN, CROUCH,
         FINCH,  GALEF,  GIGLIO, MAGEE, MOLINARO, OAKS, PHEFFER, RAIA, SWEENEY,
         TITONE, TOBACCO  --  read  once  and  referred  to  the  Committee  on
         Correction
       AN  ACT  to amend the correction law, in relation to prohibiting certain
         sex offenders from residing near the boundaries of any school
         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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
    5  SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND FEET OF THE BOUNDARIES  OF
    6  ANY  SCHOOL  THAT WORKS WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE
    7  OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT IN A CITY HAVING A POPULATION
    8  OF ONE MILLION OR MORE, NO DESIGNATED SEX OFFENDER SHALL  RESIDE  WITHIN
    9  FIVE  HUNDRED  FEET  OF  THE  BOUNDARIES  OF ANY SCHOOL THAT WORKS WITH,
   10  INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF EIGHTEEN YEARS.
   11    2. FOR THE PURPOSES OF THIS SECTION:
   12    (A) "BOUNDARIES OF ANY SCHOOL" MEANS IN, ON OR  WITHIN  ANY  BUILDING,
   13  STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
   14  THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE  CENTER,  PUBLIC
   15  OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,  JUNIOR HIGH, VOCATIONAL OR HIGH
   16  SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE  IN  DAILY
   17  ATTENDANCE.
   18    (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
   19    (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
   20  VIOLATION OF SECTION 130.20, 130.25,  130.30,  130.35,  130.40,  130.45,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07825-01-1
       A. 3277                             2
    1  130.50,  130.55,  130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80
    2  OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
    3    (II)  CONVICTED  OF ANY SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE, WHERE
    4  THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
    5    3. ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF  SUBDIVI-
    6  SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
    7    S 2. This act shall take effect on the first of November next succeed-
    8  ing the date on which it shall have become a law.