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Assembly Bill A7685

2011-2012 Legislative Session

Restricts level two and level three sex offenders from residing certain places

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Archive: Last Bill Status - In Assembly Committee

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2011-A7685 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7031
2013-2014: A7065

2011-A7685 (ACTIVE) - Summary

Restricts level two and level three sex offenders from residing within one-half mile of any public or private elementary, middle or high school or licensed day care facility; makes a violation of this provision a class E felony.

2011-A7685 (ACTIVE) - Bill Text download pdf 

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

                                  7685

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2011
                               ___________

Introduced by M. of A. SALADINO, N. RIVERA, RA, M. MILLER, RAIA, BURLING
  --  Multi-Sponsored  by  --  M. of A. CERETTO, GRAF, McDONOUGH -- read
  once and referred to the Committee on Correction

AN ACT to amend the correction law, in  relation  to  restricting  where
  level two and 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 TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION;
PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR  LEVEL  THREE  SEX
OFFENDER TO RESIDE WITHIN ONE-HALF MILE OF ANY PUBLIC OR PRIVATE ELEMEN-
TARY,  MIDDLE,  HIGH,  OR  NURSERY SCHOOL, CHILDREN'S PARK, LICENSED DAY
CARE FACILITY OR WITHIN ONE MILE OF THE RESIDENCE OF THEIR VICTIM.
  2. NO SHELTER OR HOUSING  ACCOMMODATION  SHALL  PERMIT  OR  CAUSE  THE
PLACEMENT  OF  ANY LEVEL TWO OR LEVEL THREE SEX OFFENDER IF SUCH SHELTER
OR HOUSING ACCOMMODATION IS  WITHIN  ONE-HALF  MILE  OF  ANY  PUBLIC  OR
PRIVATE  ELEMENTARY,  MIDDLE,  HIGH, OR NURSERY SCHOOL, CHILDREN'S PARK,
LICENSED DAY CARE FACILITY OR WITHIN ONE MILE OF THE RESIDENCE OF  THEIR
VICTIM.
  3.  THE RESIDENCE PROHIBITIONS ESTABLISHED BY SUBDIVISIONS ONE AND TWO
OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS  THE  OFFENDER  IS
CLASSIFIED AS A LEVEL TWO OR 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.
                                                           LBD09041-01-1

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