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Assembly Bill A5402

2009-2010 Legislative Session

Prohibits certain sex offenders from residing near school grounds

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Archive: Last Bill Status - In Assembly Committee

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2009-A5402 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Correction Law
Laws Affected:
Add ยง168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3277, A8979
2013-2014: A5247
2015-2016: A2864
2017-2018: A7305

2009-A5402 (ACTIVE) - Summary

Prohibits certain sex offenders from residing within 1,000 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

2009-A5402 (ACTIVE) - Bill Text download pdf 

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

                                  5402

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. SPANO, BENEDETTO, GABRYSZAK, GUNTHER, LANCMAN,
  MAISEL, WEISENBERG, FIELDS, GREENE -- Multi-Sponsored by -- M.  of  A.
  ABBATE,  BOYLAND,  GALEF,  PHEFFER  --  read  once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the correction law, in relation to  prohibiting  certain
  sex offenders from residing near the boundaries of any school

  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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
SEX  OFFENDER SHALL RESIDE WITHIN ONE THOUSAND FEET OF THE BOUNDARIES OF
ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS CHILDREN UNDER  THE  AGE
OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT IN A CITY HAVING A POPULATION
OF  ONE  MILLION OR MORE, NO DESIGNATED SEX OFFENDER SHALL RESIDE WITHIN
FIVE HUNDRED FEET OF THE BOUNDARIES  OF  ANY  SCHOOL  THAT  WORKS  WITH,
INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF EIGHTEEN YEARS.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A)  "BOUNDARIES  OF  ANY SCHOOL" MEANS IN, ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
THE  REAL  PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE CENTER, PUBLIC
OR PRIVATE ELEMENTARY, INTERMEDIATE, JUNIOR  HIGH,  VOCATIONAL  OR  HIGH
SCHOOL,  OR  SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN DAILY
ATTENDANCE.
  (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
  (I) CONVICTED OF THE  COMMISSION  OF  OR  AN  ATTEMPT  TO  COMMIT  ANY
VIOLATION  OF  SECTION  130.20,  130.25, 130.30, 130.35, 130.40, 130.45,
130.50, 130.55, 130.60, 130.65, 130.66, 130.67, 130.70,  130.75,  130.80
OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07991-01-9

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