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. LBD08039-01-9A. 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.