Senate Bill S1300

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

                                 1300--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, 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

AN ACT to amend the correction law, the executive law and the penal law,
  in relation to certain residency requirements for sex offenders

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

  Section  1. Section 168-b of the correction law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION  AND  THERE-
AFTER  IN  ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER TO WHOM
THE RESIDENCY RESTRICTION IN SECTION ONE HUNDRED SIXTY-EIGHT-W  OF  THIS
ARTICLE  APPLIES,  CONCERNING  THE  TERMS  AND SPECIFIC DURATION OF SUCH
RESTRICTION.
  S 2. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender required to register or  to  verify
pursuant  to  the  provisions  of  this article who fails to register or
verify in the manner and within the time periods provided  for  in  this
article  shall  be  guilty  of  a class E felony upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v of this article shall be
guilty of a class A misdemeanor upon conviction for the  first  offense,
and  upon  conviction for a second or subsequent offense shall be guilty
of a class D felony.  ANY SEX OFFENDER WHO VIOLATES  THE  PROVISIONS  OF
SUBDIVISION  ONE  OF  SECTION  ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS E FELONY. Any such  failure  to  register  or
verify  may  also  be  the  basis  for  revocation of parole pursuant to
section two hundred fifty-nine-i of the executive law or the  basis  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07465-04-9
              

S. 1300--A                          2

revocation  of  probation  pursuant  to  article four hundred ten of the
criminal procedure law.
  S 3. Section 168-w of the correction law, as relettered by chapter 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. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE-QUARTER OF A MILE OF  ANY
SCHOOL BUILDING REGULARLY USED FOR INSTRUCTIONAL PURPOSES, A BUILDING IN
WHICH  CHILD  DAY  CARE  IS  PROVIDED, A LICENSED DAY CARE FACILITY OR A
PARK. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY FOR THE GREATER  OF
TEN  YEARS  OR  THE  PERIOD  OR  TERM  OF PROBATION, PAROLE, CONDITIONAL
RELEASE OR POST-RELEASE SUPERVISION APPLICABLE TO SUCH OFFENSE.
  2. FOR PURPOSES OF THIS SECTION,  "SCHOOL"  SHALL  MEAN  A  PUBLIC  OR
PRIVATE  ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR
HIGH SCHOOL.
  3. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
  S  4.  Section  259-c  of the executive law is amended by adding a new
subdivision 18 to read as follows:
  18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-EIGHT-W  OF  THE
CORRECTION  LAW  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE APPLY,
DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING
AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH
RESTRICTION ORALLY AND IN WRITING.
  S 5. Section 65.10 of the penal law is amended by adding a new  subdi-
vision 6 to read as follows:
   6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX OFFENDERS. WHEN THE
PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF  THE  CORRECTION  LAW
CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE  APPLY, THE COURT SHALL
NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND  THE  SUPERVISING
PROBATION  OFFICER  SHALL  NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY
AND IN WRITING.
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law and shall apply to sex offenders convicted or released
on or after such date.