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
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.
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.