STATE OF NEW YORK
        ________________________________________________________________________
                                          6640
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Correction
        AN ACT to amend the correction law, in relation to  municipal  residency
          restrictions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. It is the sense  of  the  legislature
     2  that  determinations  regarding  restrictions  upon the residence of sex
     3  offenders who are required to register pursuant  to  the  provisions  of
     4  article  6-C  of  the correction law should be made by the local munici-
     5  pality in which such offenders reside,  subject  to  state  set  minimum
     6  distance  and a permissible maximum distance allowing state interests to
     7  determine housing for registered sex offenders.  Municipalities are in a
     8  better position than the state  to  determine  whether  the  restrictive
     9  residential  distance from a school grounds shall remain at one thousand
    10  feet, or shall be expanded to up to one thousand five hundred feet.
    11    § 2. Section 168-w of the correction law, as relettered by chapter 604
    12  of the laws of 2005, is relettered section 168-x and a new section 168-w
    13  is added to read as follows:
    14    § 168-w.  Municipal residency restrictions. Any municipality may enact
    15  a local law which imposes  residency  restrictions  upon  sex  offenders
    16  required  to register pursuant to this article, provided that such resi-
    17  dency restrictions are no less restrictive  than  the  requirements  set
    18  forth  in  paragraph  (a)  of subdivision four-a of section 65.10 of the
    19  penal law and subdivision fourteen of section two  hundred  fifty-nine-c
    20  of  the  executive law, and provided that such residency restrictions do
    21  not exceed one thousand five hundred feet from a school grounds.
    22    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03995-01-9