Bill Text: NY A10359 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes additional restrictions on sex offenders whose victims were under the age of eighteen and level three sex offenders in prohibiting such offenders to relocate within one thousand feet of a school; enhances punishment for sex offenders who commit their crimes within one thousand feet of a school.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2010-03-19 - referred to correction [A10359 Detail]
Download: New_York-2009-A10359-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10359
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO, KOLB, RAIA, THIELE, MOLINARO -- Multi-
Sponsored by -- M. of A. AMEDORE, BACALLES, BURLING, CALHOUN, CONTE,
CROUCH, FITZPATRICK, J. MILLER, REILICH -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law and the penal law, in relation to
establishing additional restrictions on relocation for certain sex
offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading of section 168-j of the correction law,
2 as amended by chapter 11 of the laws of 2002, is amended and two new
3 subdivisions 6 and 7 are added to read as follows:
4 Notification of local law enforcement agencies of change of address;
5 PROHIBITED RELOCATIONS.
6 6. ANY PERSON WHO HAS BEEN CONVICTED OF OR CONVICTED FOR AN ATTEMPT TO
7 COMMIT AN OFFENSE UNDER SECTION 130.20, 130.25, 130.30, 130.35, 130.40,
8 130.45, 130.50, 130.55, 130.60, 130.65, 130.66, 130.67, 130.70, 130.75,
9 130.80, 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW OR
10 OTHER OFFENSES DEFINED UNDER THE PROVISIONS OF SECTION ONE HUNDRED
11 SIXTY-EIGHT-A OF THIS ARTICLE, WHERE THE VICTIM OF SUCH OFFENSE WAS A
12 PERSON UNDER THE AGE OF EIGHTEEN, WHO IS REQUIRED TO REGISTER UNDER THE
13 PROVISIONS OF THIS ARTICLE, OR ANY LEVEL THREE SEX OFFENDER REQUIRED TO
14 REGISTER OR VERIFY PURSUANT TO THIS ARTICLE, SHALL NOT ESTABLISH A RESI-
15 DENTIAL RESIDENCE, EITHER FREEHOLD OR LEASEHOLD, WITHIN ONE THOUSAND
16 FEET OF THE GROUNDS OF ANY SCHOOL THAT WORKS WITH, INSTRUCTS, OR TREATS
17 CHILDREN UNDER THE AGE OF EIGHTEEN.
18 7. "GROUNDS OF ANY SCHOOL" MEANS IN OR ON OR WITHIN ANY BUILDING,
19 STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
20 THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE CENTER, PUBLIC
21 OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL,
22 OR HIGH SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN
23 DAILY ATTENDANCE, OR WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUN-
24 DARY LINE COMPRISING ANY SUCH SCHOOL, CENTER, OR INSTITUTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15889-01-0
A. 10359 2
1 S 2. The penal law is amended by adding a new section 70.09 to read as
2 follows:
3 S 70.09 SENTENCE OF IMPRISONMENT FOR DELINEATED SEX OFFENSE.
4 NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY
5 PERSON WHO COMMITS ANY OFFENSE SET FORTH UNDER SUBDIVISION SIX OF
6 SECTION ONE HUNDRED SIXTY-EIGHT-J OF THE CORRECTION LAW WITHIN ONE THOU-
7 SAND FEET OF THE GROUNDS OF ANY SCHOOL AS DEFINED IN SUBDIVISION SEVEN
8 OF SECTION ONE HUNDRED SIXTY-EIGHT-J OF THE CORRECTION LAW SHALL BE
9 SUBJECT TO A PERMISSIBLE SENTENCE OF IMPRISONMENT WHICH IS TWO TIMES THE
10 SENTENCE OF IMPRISONMENT FOR SUCH OFFENSE OTHERWISE PROVIDED FOR IN THIS
11 CHAPTER.
12 S 3. This act shall take effect on the first of September next
13 succeeding the date on which it shall have become a law.
