Establishes additional restrictions on sex offenders whose victims were under the age of eighteen and level three sex offenders in prohibiting such offenders to relocate within one thousand feet of a school; enhances punishment for sex offenders who commit their crimes within one thousand feet of a school.
BILL NUMBER:A10359
TITLE OF BILL: An act to amend the correction law and the penal law, in
relation to establishing additional restrictions on relocation for
certain sex offenders
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to safe-
guard our children by building on the "Drug Free School Zone" concept
and New York's Sex Offender Registration Act commonly known as "Megan's
Law." This bill keeps persons convicted of a crime against children of a
sexual or violent nature away from schools and other buildings where
children congregate. It will also help to prevent an adverse impact upon
the health, safety and welfare of students and young children.
SUMMARY OF SPECIFIC PROVISIONS: The correction Law is amended by adding
two new subdivisions under section 168-j, in relation to the prohibited
relocations of certain sex offenders. Individuals on probation, parole,
or conditional release resulting from a conviction of a specified
offense in which the victim was a person under the age of eighteen,
would be prohibited from living within 2,000 feet of the grounds of any
school, certified day care center, or similar educational institution
where children are in daily attendance. In addition, this bill includes
a penalty enhancement for any violation under this provision.
JUSTIFICATION: The issue of community notification of sex offenders has
become an increasingly useful tool for law enforcement to protect
S T A T E O F N E W Y O R K
________________________________________________________________________
10359
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO, KOLB, RAIA, THIELE, MOLINARO -- Multi-
Sponsored by -- M. of A. AMEDORE, BACALLES, BURLING, CALHOUN, CONTE,
CROUCH, FITZPATRICK, J. MILLER, REILICH -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law and the penal law, in relation to
establishing additional restrictions on relocation for certain sex
offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 168-j of the correction law,
as amended by chapter 11 of the laws of 2002, is amended and two new
subdivisions 6 and 7 are added to read as follows:
Notification of local law enforcement agencies of change of address;
PROHIBITED RELOCATIONS.
6. ANY PERSON WHO HAS BEEN CONVICTED OF OR CONVICTED FOR AN ATTEMPT TO
COMMIT AN OFFENSE UNDER 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, 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW OR
OTHER OFFENSES DEFINED UNDER THE PROVISIONS OF SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THIS ARTICLE, WHERE THE VICTIM OF SUCH OFFENSE WAS A
PERSON UNDER THE AGE OF EIGHTEEN, WHO IS REQUIRED TO REGISTER UNDER THE
PROVISIONS OF THIS ARTICLE, OR ANY LEVEL THREE SEX OFFENDER REQUIRED TO
REGISTER OR VERIFY PURSUANT TO THIS ARTICLE, SHALL NOT ESTABLISH A RESI-
DENTIAL RESIDENCE, EITHER FREEHOLD OR LEASEHOLD, WITHIN ONE THOUSAND
FEET OF THE GROUNDS OF ANY SCHOOL THAT WORKS WITH, INSTRUCTS, OR TREATS
CHILDREN UNDER THE AGE OF EIGHTEEN.
7. "GROUNDS OF ANY SCHOOL" MEANS IN OR 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, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL,
OR HIGH SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN
DAILY ATTENDANCE, OR WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUN-
DARY LINE COMPRISING ANY SUCH SCHOOL, CENTER, OR INSTITUTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15889-01-0
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