senate Bill S6778A

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:
A9025A
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:S6778A

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 to their victim.

SUMMARY OF PROVISIONS:

Section One - adds section 168-w to Section 168-w of the correction
law to add that level two and level three sex offender residence
limitation penalty will include that it will be unlawful for any level
two or level three sex offender to knowingly reside within fifteen
hundred feet of the residence of a victim of his or her sex offense or
sexually violent offense.

Section One, subsection 2 - states that the residence prohibition will
be in effect for as long as the offender is classified as a level two
or three sex offender.

Section One, subsection 3 - states that any prosecution pursuant to
this will be an affirmative defense that, after the sex offender's
conviction of a sex offense or sexually violent offense, the victim of
such offense established a residence within fifteen hundred feet of
the sex offender's residence.

Section One, subsection 4 - states that no provision of this section
will require the disclosure or notification of the address of any
victim to a sex offender.

Section One, subsection 5 - states that a sex offender who violates
the provisions of this law will be guilty of a class E felony.

Section Two - states this act shall take effect on the one hundred
eightieth day after it becomes law.

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: New Bill.

FISCAL IMPLICATIONS None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it becomes law.

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

    S. 6778--A                                            A. 9025--A

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

                             March 10, 2014
                               ___________

IN  SENATE  -- Introduced by Sens. BALL, AVELLA, BONACIC, DILAN, GOLDEN,
  LARKIN, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered  print-
  ed,  and  when  printed  to  be  committed  to  the Committee on Crime
  Victims, Crime and Correction -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. BRAUNSTEIN, SALADINO, SIMANOWITZ,
  MOSLEY,  CRESPO,  RIVERA,  ZEBROWSKI,  OTIS,  CAMARA,  FAHY,  SKOUFIS,
  GUNTHER,  SCHIMMINGER, KEARNS, GALEF -- Multi-Sponsored by -- M. of A.
  HIKIND -- read once and referred to the  Committee  on  Correction  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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  KNOWINGLY  RESIDE WITHIN FIFTEEN HUNDRED FEET OF THE RESI-
DENCE OF A VICTIM OF HIS OR HER SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE.
  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.  IN ANY PROSECUTION PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIR-
MATIVE DEFENSE THAT, AFTER  THE  SEX  OFFENDER'S  CONVICTION  OF  A  SEX
OFFENSE  OR  SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH OFFENSE ESTAB-
LISHED A RESIDENCE WITHIN FIFTEEN HUNDRED FEET  OF  THE  SEX  OFFENDER'S
RESIDENCE.
  4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO REQUIRE THE DISCLO-
SURE OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX OFFENDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14163-05-4

S. 6778--A                          2                         A. 9025--A

  5.  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.

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