Bill Text: NY S05313 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05313 Detail]

Download: New_York-2013-S05313-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5313
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by Sen. NOZZOLIO -- 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, in relation to prohibiting certain
         sex offenders from residing near the boundaries of any school
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 168-w of the correction law, as relettered by chap-
    2  ter  604  of  the  laws  of  2005, is relettered section 168-x and a new
    3  section 168-w is added to read as follows:
    4    S 168-W. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
    5  SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND THREE HUNDRED  FIFTY  FEET
    6  OF  THE  BOUNDARIES  OF  ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS
    7  CHILDREN UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT  IN  A
    8  CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE, NO DESIGNATED SEX
    9  OFFENDER SHALL RESIDE WITHIN FIVE HUNDRED FEET OF THE BOUNDARIES OF  ANY
   10  SCHOOL  THAT  WORKS  WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF
   11  EIGHTEEN YEARS.
   12    2. FOR THE PURPOSES OF THIS SECTION:
   13    (A) "BOUNDARIES OF ANY SCHOOL" MEANS IN, ON OR  WITHIN  ANY  BUILDING,
   14  STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
   15  THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE  CENTER,  PUBLIC
   16  OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,  JUNIOR HIGH, VOCATIONAL OR HIGH
   17  SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE  IN  DAILY
   18  ATTENDANCE.
   19    (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
   20    (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
   21  VIOLATION OF SECTION 130.20, 130.25,  130.30,  130.35,  130.40,  130.45,
   22  130.50,  130.55,  130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80
   23  OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01452-01-3
       S. 5313                             2
    1    (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
    2  THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
    3    3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
    4  SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.