Bill Text: NY S06066 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-06-15 - referred to correction [S06066 Detail]
Download: New_York-2015-S06066-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6066--A 2015-2016 Regular Sessions IN SENATE October 16, 2015 ___________ Introduced by Sen. VENDITTO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to sex offender regis- tration and residency restrictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-h of the correction law, as amended by chapter 2 11 of the laws of 2002, and subdivisions 1 and 2 as amended by chapter 1 3 of the laws of 2006, is amended to read as follows: 4 § 168-h. Duration of registration and verification. 1. The duration of 5 registration and verification for a sex offender who has not been desig- 6 nated a sexual predator, or a sexually violent offender, or a predicate 7 sex offender, and who is classified as a level one risk, or who has not 8 yet received a risk level classification, shall be annually for a period 9 of twenty years from the initial date of registration. 10 2. Notwithstanding the foregoing, a sex offender who is classified as 11 a level one risk and has been convicted of or has been convicted for an 12 attempt to commit: 13 (i) any of the provisions of section 120.70, 130.35, 130.50, 130.53, 14 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 15 130.91, 130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06, 230.32, 16 250.50, 255.27, 263.10, 263.15 or 263.30 of the penal law; 17 (ii) any of the provisions of section 2251, 2251A, 2252, 2252A, 2260, 18 2422, 2423 or 2425 of title 18 of the United States code; or 19 (iii) has been convicted of any offense in any other jurisdiction 20 which includes all of the essential elements of any of the foregoing 21 crimes in this subdivision, shall register annually for life. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11987-03-6S. 6066--A 2 1 3. A sex offender who is classified as a level one risk and has been 2 convicted of or has been convicted for an attempt to commit any of the 3 provisions of section 130.25, 130.30, 130.40, 130.45, 130.55 or 130.60, 4 or has been convicted of any offense in any other jurisdiction which 5 includes all of the essential elements of any of the foregoing crimes in 6 this subdivision, shall register annually for life unless at the time of 7 the act, the defendant was less than twenty-one years old, in which case 8 registration shall be annually for a period of twenty years from the 9 initial date of registration. 10 4. The duration of registration and verification for a sex offender 11 who, on or after March eleventh, two thousand two, is designated a sexu- 12 al predator, or a sexually violent offender, or a predicate sex offen- 13 der, or who is classified as a level two or level three risk, shall be 14 annually for life. Notwithstanding the foregoing, a sex offender who is 15 classified as a level one or level two risk and who is not designated a 16 sexual predator, a sexually violent offender or a predicate sex offen- 17 der, may be relieved of the duty to register and verify after a minimum 18 period of thirty years of registration as provided by subdivision one of 19 section one hundred sixty-eight-o of this article. 20 [3.] 5. Any sex offender having been designated a level three risk or 21 a sexual predator shall also personally verify his or her address every 22 ninety calendar days with the local law enforcement agency having juris- 23 diction where the offender resides. 24 § 2. Subdivision 1 of section 168-o of the correction law, as amended 25 by chapter 1 of the laws of 2006, is amended to read as follows: 26 1. Any sex offender who is classified as a [level two] level one risk, 27 and who has not been designated a sexual predator, or a sexually violent 28 offender, or a predicate sex offender, who is required to register or 29 verify pursuant to this article and who has been registered for a mini- 30 mum period of [thirty] twenty years may be relieved of any further duty 31 to register upon the granting of a petition for relief by the sentencing 32 court or by the court which made the determination regarding duration of 33 registration and level of notification. The sex offender shall bear the 34 burden of proving by clear and convincing evidence that his or her risk 35 of repeat offense and threat to public safety is such that registration 36 or verification is no longer necessary. Such petition, if granted, shall 37 not relieve the petitioner of the duty to register pursuant to this 38 article upon conviction of any offense requiring registration in the 39 future. Such a petition shall not be considered more than once every two 40 years. In the event that the sex offender's petition for relief is 41 granted, the district attorney may appeal as of right from the order 42 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 43 seven of the civil practice law and rules. Where counsel has been 44 assigned to represent the sex offender upon the ground that the sex 45 offender is financially unable to retain counsel, that assignment shall 46 be continued throughout the pendency of the appeal, and the person may 47 appeal as a poor person pursuant to article eighteen-B of the county 48 law. 49 § 3. Section 168-w of the correction law, as relettered by chapter 604 50 of the laws of 2005, is relettered section 168-x and a new section 168-w 51 is added to read as follows: 52 § 168-w. Child and victim safety zones. Counties shall monitor and 53 verify registration compliance and may enact by local law or resolution 54 sex offender residency restrictions for sex offenders required to regis- 55 ter pursuant to this article, provided that such restrictions:S. 6066--A 3 1 1. do not require a sex offender to live beyond one thousand feet from 2 public, private and charter schools for all level three registrants, for 3 registrants who committed an offense against a minor, and for regis- 4 trants who have been assigned a designation pursuant to this article. 5 2. do not require a sex offender to live beyond a quarter mile from 6 the workplace and residence of any registrant's victim or victims. 7 3. do not require a sex offender to live beyond a quarter mile from 8 the residence of a deceased victim, if the family of the victim contin- 9 ues to reside at that residence. 10 § 4. This act shall take effect on the sixtieth day after it shall 11 have become a law.
