senate Bill S3204A

2011-2012 Legislative Session

Prohibits certain sex offenders from residing near school grounds

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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
Jun 21, 2012 committed to rules
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.436
Jan 04, 2012 referred to crime victims, crime and correction
Oct 17, 2011 print number 3204a
amend and recommit to crime victims, crime and correction
Feb 11, 2011 referred to crime victims, crime and correction

Votes

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Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S3204A
10
3
committee
10
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 20, 2012

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S3204 - Bill Details

See Assembly Version of this Bill:
A8979
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Sessions:
2009-2010: A5402
2011-2012: A3277A

S3204 - Bill Texts

view summary

Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

view sponsor memo
BILL NUMBER:S3204

TITLE OF BILL:
An act
to amend the correction law, in relation to prohibiting certain sex
offenders from residing near the boundaries of any school

PURPOSE OR GENERAL IDEA OF BILL:
No designated sex offender shall reside within one-thousand feet of
the boundaries of any school that works with, instructs or treats
children under the age of eighteen-year-old. However, no designated
sex offender shall reside within five hundred feet of the boundaries
of any school in a city having a population of one million or more.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 168-W of the Correction Law by placing certain
restrictions on where a designated sexual predator may establish a
residence. "Designated sexual predator" means any sex offender who
was convicted of any sex offense or sexually violent offense, where
the victim of such offense was under the age of eighteen years.

Under this section, designated sexual predators would be prohibited
from living within 1,000 feet of the grounds of any school, certified
day care center, or similar educational institution where children
are in daily attendance. These sex offenders are also prohibited from
living within 500 feet of a school, daycare, etc. in a city with a
population of one million or more, i.e. New York city.

Any designated sex offender who violates these terms shall be guilty
of a class c felony.

JUSTIFICATION:
This legislation is aimed at protecting innocent children from
designated sex offenders. Sex offenders have one of the highest
recidivism rates. I heard testimonies from many sexual predators
while I chaired several task forces geared to protect women and
children from sex predators. They may establish residences near
schools, day care centers, etc.
in an effort to find new victims. This behavior puts New York state's
children at risk.

By prohibiting a designated sexual predator from living near schools
or educational institutions, New York can prevent sexual offenders
from preying on children and prevent these sexual predators from
having easy access to children.

The difference in the size of the residence restriction for New York
City is based on population density and the fact that there are more
schools per square mile in New York City than in other areas of the
State.

Ultimately, this will reduce the opportunity for sex offenders to
engage in further occurrences of heinous sex crimes against our
children. At the same time, individuals' rights are protected by
making this limitation part of an offender's parole, probation, or
conditional release.


PRIOR LEGISLATIVE HISTORY:
A.10298 of 2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it
shall have become a law.

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

                                  3204

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

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

AN  ACT  to amend the correction law, in relation to prohibiting certain
  sex offenders from residing near the boundaries of any school

  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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND FEET OF THE BOUNDARIES  OF
ANY  SCHOOL  THAT WORKS WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE
OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE, NO DESIGNATED SEX OFFENDER SHALL  RESIDE  WITHIN
FIVE  HUNDRED  FEET  OF  THE  BOUNDARIES  OF ANY SCHOOL THAT WORKS WITH,
INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF EIGHTEEN YEARS.
  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:
  (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
VIOLATION OF 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
OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
  (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07825-01-1

S. 3204                             2

  3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
SION 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.

Co-Sponsors

S3204A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8979
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Sessions:
2009-2010: A5402
2011-2012: A3277A

S3204A (ACTIVE) - Bill Texts

view summary

Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

view sponsor memo
BILL NUMBER:S3204A

TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting certain
sex offenders from residing near the boundaries of any school

PURPOSE OR GENERAL IDEA OF BILL:
No designated sex offender shall reside within one-thousand three
hundred and fifty feet of the boundaries of any school that works with,
instructs or treats children under the age of eighteen-year-old. Howev-
er, no designated sex offender shall reside within five hundred feet of
the boundaries of any school in a city having a population of one
million or more.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 168-W of the Correction Law by placing certain
restrictions on where a designated sexual predator may establish a resi-
dence. "Designated sexual predator" means any sex offender who was
convicted of any sex offense or sexually violent offense, where the
victim of such offense was under the age of eighteen years.

Under this section, designated sexual predators would be prohibited from
living within 1,350 feet of the grounds of any school, certified day
care center, or similar educational institution where children are in
daily attendance. These sex offenders are also prohibited from living
within 500 feet of a school, daycare, etc. in a city with a population
of one million or more, i.e. New York city.

Any designated sex offender who violates these terms shall be guilty of
a class c felony.

JUSTIFICATION:
This legislation is aimed at protecting innocent children from desig-
nated sex offenders. Sex offenders have one of the highest recidivism
rates. I heard testimonies from many sexual predators while I chaired
several task forces geared to protect women and children from sex preda-
tors. They may establish residences near schools, day care centers, etc.
in an effort to find new victims. This behavior puts New York state's
children at risk.

By prohibiting a designated sexual predator from living near schools or
educational institutions, New York can prevent sexual offenders from
preying on children and prevent these sexual predators from having easy
access to children.

The difference in the size of the residence restriction for New York
City is based on population density and the fact that there are more
schools per square mile in New York City than in other areas of the
State.

Ultimately, this will reduce the opportunity for sex offenders to engage
in further occurrences of heinous sex crimes against our children. At
the same time, individuals' rights are protected by making this limita-
tion part of an offender's parole, probation, or conditional release.

PRIOR LEGISLATIVE HISTORY:
A.10298 of 2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have become
a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3204--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced by Sens. NOZZOLIO, MAZIARZ -- 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, in relation to prohibiting certain
  sex offenders from residing near the boundaries of any school

  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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND THREE HUNDRED  FIFTY  FEET
OF  THE  BOUNDARIES  OF  ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS
CHILDREN UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT  IN  A
CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE, NO DESIGNATED SEX
OFFENDER SHALL RESIDE WITHIN FIVE HUNDRED FEET OF THE BOUNDARIES OF  ANY
SCHOOL  THAT  WORKS  WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF
EIGHTEEN YEARS.
  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:
  (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
VIOLATION OF 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
OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07825-02-1

S. 3204--A                          2

  (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
  3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
SION 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.

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