senate Bill S1475

2011-2012 Legislative Session

Provides residency requirements for sex offenders

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to crime victims, crime and correction
Jan 07, 2011 referred to crime victims, crime and correction

S1475 - Bill Details

See Assembly Version of this Bill:
A1423
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-b & 168-t, ren §168-w to be §168-x, add §168-w, Cor L; amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1300, A7948

S1475 - Bill Texts

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Provides residency requirements for sex offenders including criminal sanctions for violations; prohibits sex offenders from residing in a residence that is within one thousand feet from any school building regularly used for instructional purposes.

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BILL NUMBER:S1475

TITLE OF BILL:
An act
to amend the correction law, the executive law and the penal law, in
relation to certain residency requirements for sex offenders

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit sex offenders from moving
to a residence that is within 1000 feet of any school building
regularly used for instructional purposes, a building in which child
day care is provided or a park.

SUMMARY OF SPECIFIC PROVISIONS:
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 thereafter 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.

Section 2: Section 168-t of the correction law, as amended by chapter
373 of the laws of 2007, is amended to include in the penalty section
that a violation of section one hundred sixty-eight-v or subdivision
one of section one hundred sixty-eight-w 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.

Section 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.

Section 4: Section 259-c of the executive law is amended by adding a
new subdivision 18.

Section 5: Section 65.10 of the penal law is amended by adding a new
subdivision 6.

Section 6: Sets the enactment date.

JUSTIFICATION:
Across the state, not willing to wait for the courts to
move forward, municipalities and counties are taking proactive
measures to protect their children from violent sexual predators by
enacting residency requirement legislation to keep sex offenders away
from children.

We love our children and we aim to protect them. Recent court action
has created the need
for a uniform state standard from dangerous sexual predators. This
statewide Child Safety Zone legislation would create this standard.

PRIOR LEGISLATIVE HISTORY:


2009-10: A.7948 - Referred to Codes/S.1300A - Referred to Crime Victims,
Crime and Corrections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

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

    S. 1475                                                  A. 1423

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime and Correction

IN  ASSEMBLY  -- Introduced by M. of A. CASTELLI, KATZ, SALADINO, CONTE,
  McDONOUGH, FINCH, TOBACCO, KOLB --  read  once  and  referred  to  the
  Committee on Correction

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 13 to read as follows:
  13.  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 OR SUBDIVISION ONE OF
SECTION ONE HUNDRED SIXTY-EIGHT-W 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 such failure to register or verify may also be  the  basis

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05485-01-1

S. 1475                             2                            A. 1423

for revocation of parole pursuant to section two hundred fifty-nine-i of
the  executive  law or the basis for 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  THOUSAND  FEET  OF  ANY
SCHOOL BUILDING REGULARLY USED FOR INSTRUCTIONAL PURPOSES, A BUILDING IN
WHICH  CHILD  DAY  CARE  IS  PROVIDED  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 SUPER-
VISION 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.

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