Bill Text: NY S04807 | 2015-2016 | General Assembly | Introduced

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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 (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04807 Detail]

Download: New_York-2015-S04807-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4807
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 20, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         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
       S. 4807                             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.