S T A T E O F N E W Y O R K
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3671
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. KOON, BRADLEY, CARROZZA, CYMBROWITZ, ORTIZ,
SCHROEDER, MORELLE -- Multi-Sponsored by -- M. of A. ALFANO, BARRA,
GALEF, GUNTHER, HOOPER, LUPARDO, MAYERSOHN, PHEFFER, RAMOS, ROBINSON,
SCHIMMINGER, TOWNS, WEISENBERG, WRIGHT -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law, in relation to restricting where
level three sex offenders may reside
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 THREE SEX OFFENDERS RESIDENCE LIMITATION; PENALTY. 1.
IT SHALL BE UNLAWFUL FOR ANY LEVEL THREE SEX OFFENDER TO RESIDE WITHIN
ONE QUARTER MILE OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, HIGH, OR
NURSERY SCHOOL; OR LICENSED DAY CARE FACILITY.
2. NO SHELTER OR HOUSING ACCOMMODATION SHALL PERMIT OR CAUSE THE
PLACEMENT OF ANY LEVEL THREE SEX OFFENDER IF SUCH SHELTER OR HOUSING
ACCOMMODATION IS WITHIN ONE QUARTER MILE OF ANY PUBLIC OR PRIVATE
ELEMENTARY, MIDDLE, HIGH, OR NURSERY SCHOOL; OR LICENSED DAY CARE FACIL-
ITY.
3. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISIONS ONE AND TWO
OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS
CLASSIFIED AS A LEVEL THREE SEX OFFENDER.
4. 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 first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01625-01-9