S T A T E O F N E W Y O R K
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7759
2009-2010 Regular Sessions
I N A S S E M B L Y
April 23, 2009
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Introduced by M. of A. ALESSI, THIELE, GUNTHER, REILLY -- read once and
referred to the Committee on Correction
AN ACT to amend the correction law, in relation to residency
restrictions 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-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is renumbered section 168-x and a new
section 168-w is added to read as follows:
S 168-W. RESIDENCY RESTRICTIONS. 1. NO DESIGNATED SEX OFFENDER SHALL
RESIDE WITHIN ONE THOUSAND FEET OF THE BOUNDARIES OF ANY SCHOOL, PLAY-
GROUND OR PUBLIC LIBRARY.
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 CONVICTED
OF THE COMMISSION OF OR AN ATTEMPT TO COMMIT ANY VIOLATION OF SECTION
255.25, 255.26, OR 255.27 OR ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED
THIRTY-FIVE, OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW WHERE THE
VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
3. ANY DESIGNATED SEX OFFENDER WHO VIOLATES SUBDIVISION ONE OF THIS
SECTION SHALL BE GUILTY OF A CLASS C 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.
LBD10694-01-9