S T A T E   O F   N E W   Y O R K
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                                  1571

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by M. of A. TEDISCO, KOLB, RAIA, MOLINARO -- Multi-Sponsored
  by -- M. of A.  AMEDORE, BURLING, CALHOUN, CONTE, CROUCH, FITZPATRICK,
  J. MILLER, REILICH, THIELE -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01456-01-1
              

A. 1571                             2

DAILY ATTENDANCE, OR WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUN-
DARY LINE COMPRISING ANY SUCH SCHOOL, CENTER, OR INSTITUTION.
  S 2. The penal law is amended by adding a new section 70.09 to read as
follows:
S 70.09 SENTENCE OF IMPRISONMENT FOR DELINEATED SEX OFFENSE.
  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THE LAW TO THE CONTRARY, ANY
PERSON WHO COMMITS ANY  OFFENSE  SET  FORTH  UNDER  SUBDIVISION  SIX  OF
SECTION ONE HUNDRED SIXTY-EIGHT-J OF THE CORRECTION LAW WITHIN ONE THOU-
SAND  FEET  OF THE GROUNDS OF ANY SCHOOL AS DEFINED IN SUBDIVISION SEVEN
OF SECTION ONE HUNDRED SIXTY-EIGHT-J OF  THE  CORRECTION  LAW  SHALL  BE
SUBJECT TO A PERMISSIBLE SENTENCE OF IMPRISONMENT WHICH IS TWO TIMES THE
SENTENCE OF IMPRISONMENT FOR SUCH OFFENSE OTHERWISE PROVIDED FOR IN THIS
CHAPTER.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.