Bill Text: NY A06998 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6998 (Prior Session Legislation)

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 - Dead) 2016-01-06 - referred to correction [A06998 Detail]

Download: New_York-2015-A06998-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6998
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 16, 2015
                                      ___________
       Introduced  by  M.  of  A.  COOK, ORTIZ -- 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    S 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    S 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.
                                                                  LBD10219-02-5
       A. 6998                             2
    1    S 3. Section 168-w of the correction law, as relettered by chapter 604
    2  of the laws of 2005, is relettered section 168-x and a new section 168-w
    3  is added to read as follows:
    4    S  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    S  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    S 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    S 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.