senate Bill S4026

Restricts a registered sex offender from residing within 500 feet of a school

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Mar / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • 1ST REPORT CAL.534
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Restricts a registered sex offender from residing within 500 feet of a school.

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Bill Details

See Assembly Version of this Bill:
A1947
Versions:
S4026
Legislative Cycle:
2011-2012
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-c, 168-f & 168-k, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A7089, A7089
2007-2008: A7247, A7247

Sponsor Memo

BILL NUMBER:S4026

TITLE OF BILL:
An act
to amend the correction law, in relation to the residence of a sex
offender

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prevent convicted level 1, 2, or 3 sex offenders
from residing within 500 feet of a building used exclusively as an
elementary or high school.

SUMMARY OF PROVISIONS:
Section 1: Amends Section 16B-c of the correction law to prevent any
convicted sex offender who has been released or discharged from a
correctional facility, hospital, or local correctional facility or
placed on probation from residing within 500 feet of a building used
exclusively as an elementary or high school.

Section 2: Amends Section 168-f of the correction law to prevent
registered sex offenders who have already established a residence
from changing their place of residence to within 500 feet of a
building used exclusively as an elementary or high school.

Section 3: Amends Section 168-k of the correction law to prevent any
sex offender who has established residence within the state from
residing within 500 feet of a building used exclusively as an
elementary or high school.

Section 4: Contains the effective date

JUSTIFICATION:
This bill is designed to give children a further buffer from sexual
offenders by preventing already convicted offenders from residing
within 500 feet of a school. Studies have shown that recidivism rates
for sex offenders are higher than ninety percent. The enactment of
this bill is a necessary step towards ensuring the safety of the
children of the state and preventing them from becoming targets of
opportunity to criminals who already have proven themselves a danger
to children.

LEGISLATIVE HISTORY:
2010: A.7089 - Referred to Corrections.
2008: A.7247 - Referred to Corrections.
2006: A.5607 - Referred to Corrections.
2004: A.9800 - Referred to Corrections.
None in Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4026

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced by Sens. ZELDIN, FUSCHILLO, JOHNSON, LARKIN, LIBOUS, MAZIARZ,
  SEWARD  --  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 the  residence  of  a
  sex offender

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-c of the correction law is amended by adding  a
new subdivision 2-a to read as follows:
  2-A. NO SEX OFFENDER RELEASED OR DISCHARGED FROM A CORRECTIONAL FACIL-
ITY,  HOSPITAL  OR  LOCAL  CORRECTIONAL  FACILITY OR PLACED ON PROBATION
SHALL RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING USED EXCLUSIVELY  AS
A SCHOOL, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER
OF    THE NEAREST ENTRANCE OF THE RESIDENCE TO THE CENTER OF THE NEAREST
ENTRANCE OF SUCH SCHOOL.
  S 2. Section 168-f of the correction law is amended by  adding  a  new
subdivision 4-a to read as follows:
  4-A.  A  SEX  OFFENDER,  AFTER HIS OR HER DISCHARGE, PAROLE OR RELEASE
FROM ANY CORRECTIONAL FACILITY, HOSPITAL OR LOCAL FACILITY  OR  WHO  WAS
PLACED ON PROBATION AND WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE
SAID  RESIDENCE  SO  AS TO RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING
USED EXCLUSIVELY AS A SCHOOL, THE MEASUREMENTS TO BE TAKEN  IN  STRAIGHT
LINES  FROM  THE  CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
CENTER OF THE NEAREST ENTRANCE OF SUCH SCHOOL.
  S 3. Section 168-k of the correction law is amended by  adding  a  new
subdivision 5 to read as follows:
  5. A SEX OFFENDER WHO HAS ESTABLISHED RESIDENCE IN THIS STATE PURSUANT
TO  THIS SECTION SHALL NOT RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING
USED EXCLUSIVELY AS A SCHOOL, THE MEASUREMENTS TO BE TAKEN  IN  STRAIGHT
LINES  FROM  THE  CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
CENTER OF THE NEAREST ENTRANCE OF SUCH SCHOOL.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05093-01-1

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