Bill Text: NY A06873 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides residency requirements for sex offenders including criminal sanctions for violations; prohibits sex offenders from residing in a residence that is within one thousand five hundred feet of any school grounds.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-03-25 - referred to correction [A06873 Detail]

Download: New_York-2019-A06873-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6873
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 25, 2019
                                       ___________
        Introduced  by M. of A. COOK, TITUS, ARROYO, ORTIZ, PERRY, DE LA ROSA --
          read once and referred to the Committee on Correction
        AN ACT to amend the correction law, the executive law and the penal law,
          in relation to certain residency requirements for sex offenders
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 168-b of the correction law is amended by adding a
     2  new subdivision 13 to read as follows:
     3    13. The division, when acknowledging initial registration  and  there-
     4  after  in annual correspondence, shall advise each sex offender, to whom
     5  the residency restriction in section one hundred sixty-eight-w  of  this
     6  article  applies,  concerning  the  terms  and specific duration of such
     7  restriction.
     8    § 2. Section 168-t of the correction law, as amended by chapter 373 of
     9  the laws of 2007, is amended to read as follows:
    10    § 168-t. Penalty. Any sex offender required to register or  to  verify
    11  pursuant  to  the  provisions  of  this article who fails to register or
    12  verify in the manner and within the time periods provided  for  in  this
    13  article  shall  be  guilty  of  a class E felony upon conviction for the
    14  first offense, and upon conviction for a second  or  subsequent  offense
    15  shall  be  guilty of a class D felony. Any sex offender who violates the
    16  provisions of section one hundred sixty-eight-v or  subdivision  one  of
    17  section  one  hundred sixty-eight-w of this article shall be guilty of a
    18  class A misdemeanor upon conviction for  the  first  offense,  and  upon
    19  conviction for a second or subsequent offense shall be guilty of a class
    20  D  felony.  Any such failure to register or verify may also be the basis
    21  for revocation of parole pursuant to section two hundred fifty-nine-i of
    22  the executive law or the basis for revocation of probation  pursuant  to
    23  article four hundred ten of the criminal procedure law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08039-01-9

        A. 6873                             2
     1    § 3. Section 168-w of the correction law, as relettered by chapter 604
     2  of the laws of 2005, is renumbered section 168-x and a new section 168-w
     3  is added to read as follows:
     4    §  168-w. Residency requirements for sex offenders. 1. No sex offender
     5  shall reside in a residence that is within  one  thousand  five  hundred
     6  feet  of  any  school  grounds. The provisions of this subdivision shall
     7  apply for the greater of ten years or the period or term  of  probation,
     8  parole,  conditional  release  or post-release supervision applicable to
     9  such offense.
    10    2. For purposes of this section, "school grounds" shall have the  same
    11  meaning  as  defined  in  subdivision  fourteen of section 220.00 of the
    12  penal law.
    13    3. Nothing in this section  shall  be  construed  as  restricting  any
    14  lawful condition that may be imposed on a sentenced sex offender.
    15    §  4.  Section  259-c  of the executive law is amended by adding a new
    16  subdivision 18 to read as follows:
    17    18. when the provisions of section one hundred  sixty-eight-w  of  the
    18  correction  law  concerning  certain  restrictions  on  residence apply,
    19  direct the division to notify the releasee of the restriction in writing
    20  and direct the supervising parole officer to notify the releasee of such
    21  restriction orally and in writing.
    22    § 5. Section 65.10 of the penal law is amended by adding a new  subdi-
    23  vision 6 to read as follows:
    24     6.  Notice  of  residency  requirements  for  sex offenders. When the
    25  provisions of section one hundred sixty-eight-w of  the  correction  law
    26  concerning  certain  restrictions  on  residence  apply, the court shall
    27  notify the defendant of the restriction in writing and  the  supervising
    28  probation  officer  shall  notify the offender of the restriction orally
    29  and in writing.
    30    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    31  have  become  a  law  and shall apply to convictions entered on or after
    32  such date.
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