Bill Text: NY S05680 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05680 Detail]

Download: New_York-2013-S05680-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5680
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 4, 2013
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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 prohibiting sex offenders from living within a quarter
         mile of any school, park, playground or building in  which  child  day
         care is provided
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06748-01-3
       S. 5680                             2
    1  the  executive  law or the basis for revocation of probation pursuant to
    2  article four hundred ten of the criminal procedure law.
    3    S 3. Section 168-w of the correction law, as relettered by chapter 604
    4  of the laws of 2005, is relettered section 168-x and a new section 168-w
    5  is added to read as follows:
    6    S  168-W. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
    7  SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE  THOUSAND  THREE  HUNDRED
    8  FIFTY FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR BUILDING IN WHICH
    9  CHILD DAY CARE IS PROVIDED.
   10    2.  FOR  PURPOSES  OF  THIS  SECTION,  "SCHOOL" SHALL MEAN A PUBLIC OR
   11  PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL  OR
   12  HIGH SCHOOL REGULARLY USED FOR INSTRUCTIONAL PURPOSES.
   13    3.  THE  PROVISIONS OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG
   14  AS THE OFFENDER IS CLASSIFIED AS A SEX OFFENDER.
   15    4. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
   16  LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
   17    S  4.  Section  259-c  of the executive law is amended by adding a new
   18  subdivision 18 to read as follows:
   19    18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-EIGHT-W  OF  THE
   20  CORRECTION  LAW  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE APPLY,
   21  DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING
   22  AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH
   23  RESTRICTION ORALLY AND IN WRITING.
   24    S 5. Section 65.10 of the penal law is amended by adding a new  subdi-
   25  vision 6 to read as follows:
   26    6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX  OFFENDERS. WHEN THE
   27  PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF  THE  CORRECTION  LAW
   28  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE  APPLY, THE COURT SHALL
   29  NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND  THE  SUPERVISING
   30  PROBATION  OFFICER  SHALL  NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY
   31  AND IN WRITING.
   32    S 6. This act shall take effect on the sixtieth  day  after  it  shall
   33  have become a law and shall apply to sex offenders convicted or released
   34  on or after such date.