senate Bill S6778

Amended

Relates to sex offender residence limitation

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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

  • 10 / Mar / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / May / 2014
    • AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / May / 2014
    • PRINT NUMBER 6778A
  • 14 / May / 2014
    • 1ST REPORT CAL.775
  • 19 / May / 2014
    • 2ND REPORT CAL.
  • 20 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO CORRECTION

Summary

Relates to sex offender residence limitation; restricts level two and three sex offenders from residing within 1,500 feet of their victims.

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Bill Details

See Assembly Version of this Bill:
A9025
Versions:
S6778
S6778A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L

Sponsor Memo

BILL NUMBER:S6778

TITLE OF BILL: An act to amend the correction law, in relation to
restricting sex offenders from residing near the residence of their
victim

PURPOSE:

To restrict sex offenders from residing within 1500 feet of the
residence of their victim.

SUMMARY OF PROVISIONS:

Section One - Re-letters Section 168-w of the correction law as
section 168-x and adds Section 168-w. Section 168-w.1 makes it
unlawful for level two and level three sex offenders to reside within
1500 feet of the residence of a victim of their abuse.

Section 168-w.2 limits the residence prohibition established by
subdivision one for as long as the sex offender is a level two or
three sex offender.

Section 168-w.3 the penalty for a sex offender who violates the
provisions of subdivision one of the section shall be guilty of a
class E felony.

Section Two - Contains the effective date.

JUSTIFICATION:

According to a report in the Westchester County Journal News, in 2011,
a sex offender in Putnam County was released from prison after serving
approximately sixteen months in jail, and was classified as a level
three offender. A level three offender is one that has a high risk of
a repeat offense and is also considered a threat to public safety.
Following his release, the offender, whose victims were eight and nine
years old at the time the abuse took place, was permitted to reside
next door to one of the victims of his abuse.

This legislation would prohibit a level two or three sex offender from
residing within 1500 feet of the residence of the victim of their
abuse in order to prevent instances such as the one detailed above
from occurring. The victims and their families should not have to bear
the burden or costs of moving because of the offender returning to the
neighborhood. Additionally, the victims should not have to tolerate
the emotional distress that coming into contact with, or being in the
presence of their abuser, may cause.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


The one hundred eightieth day after it shall have become a law.

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

    S. 6778                                                  A. 9025

                      S E N A T E - A S S E M B L Y

                             March 10, 2014
                               ___________

IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime and Correction

IN  ASSEMBLY -- Introduced by M. of A. BRAUNSTEIN, SALADINO -- read once
  and referred to the Committee on Correction

AN ACT to amend the correction  law,  in  relation  to  restricting  sex
  offenders from residing near the residence of their victim

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S  168-W. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION;
PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR  LEVEL  THREE  SEX
OFFENDER  TO  RESIDE  WITHIN  FIFTEEN HUNDRED FEET OF THE RESIDENCE OF A
VICTIM OF THEIR ABUSE.
  2. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISION  ONE  OF  THIS
SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED
AS A LEVEL TWO OR THREE SEX OFFENDER.
  3.  A  SEX  OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14163-03-4

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