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

                                  6673

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee on Correction

AN  ACT  in relation to prohibiting certain sex offenders from residing,
  working or frequenting areas where children are  likely  to  regularly
  congregate within the county of Wyoming

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent and purpose. Due to the recidivism  rate
among  convicted  sex offenders, there exists a heightened potential for
reoccurrence of their  crimes  when  they  reside,  have  employment  or
frequent  areas  where children are likely to regularly congregate, such
as public or nonpublic elementary, middle and high  schools,  child-care
facilities, parks, playgrounds, public or private youth center or public
swimming pools.  It is essential for Wyoming county to make every effort
to  protect  children from sex offenders. It is in the best interests of
the health, safety and welfare of the residents of Wyoming  county,  and
particularly  its  children,  to  establish  residency  restrictions and
restrictions on location of employment  and  other  activities  for  sex
offenders.
  It is the purpose of this act to prohibit sex offenders from residing,
having  employment  or otherwise entering or remaining within 1,500 feet
of areas and facilities that would provide them easy access to potential
victims.
  S 2. Definitions. For the purposes of this act,  the  following  defi-
nitions shall apply:
  a.  "Child-care  facility" means a licensed and/or registered nursery,
preschool, child day-care center, group family day-care home, and family
day-care home as defined in the social services law.
  b. "Child safety zone" means an area within 1,500  feet  of  the  real
property within Wyoming county comprising a public or private, elementa-
ry,  middle  or high school, child-care facility, nature preserve, park,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09553-01-3
              

A. 6673                             2

playground, public or private youth  center  or  public  swimming  pool,
public  or  commercial recreational facility clearly designed to attract
children, including but not limited to theaters, bowling alleys,  sports
fields,  exercise or sporting facilities, and, additionally, multifamily
dwellings (three families or more), apartment buildings, co-ops,  condo-
miniums,  mobile home (trailer) parks, or other clustered housing devel-
opments (10 or more single-family homes on less than 1/3 acre).
  (1) Hotels, motels, and rooming houses shall be exempt  from  a  child
safety  zone  with  the following exception; provided that convicted sex
offenders shall not occupy more than 5% of the rooms  for  rent  in  any
hotel,  motel  or  rooming house. The formula to determine the number of
convicted sex offenders shall be rounded to the  nearest  whole  number.
(For  example,  any  hotel,  motel,  or rooming house with fewer than 29
rooms (29 x 0.05 = 1.45) shall be allowed one  convicted  sex  offender;
thirty  rooms,  (30  x  0.05  =  1.5) shall be allowed two convicted sex
offenders.) This exception shall not apply:
  (A) to any convicted sex offender living in a room  for  rent  in  any
hotel, motel or rooming house at the time this act is implemented, which
convicted  sex  offender  shall be grandfathered. As those convicted sex
offenders vacate the premises, the room or rooms  shall  not  be  rented
unless  the  hotel,  motel,  or rooming house is in full compliance with
this act and the above-referenced provision regarding maximum  occupancy
of sex offenders; or
  (B) where the owner/manager notifies all patrons of his or her housing
unit  or  units,  in  writing,  daily,  that a convicted sex offender is
living on the premises.
  (2) Any hotel, motel or rooming house that violates  these  provisions
shall be subject to a civil penalty of $500 per day, per violation.
  c. "Employment" means doing work, whether or not for financial gain.
  d.  "Law  enforcement officer having jurisdiction" means the chief law
enforcement officer of a local police department in the village or  town
in  which the sex offender resides or lives; if there be no local police
department in such village or town, the sheriff of  Wyoming  county.  If
the primary law enforcement officer having jurisdiction is the chief law
enforcement  officer  of  a  police department in the village or town in
which the sex offender resides or  lives,  but  such  officer  does  not
enforce  the  provisions  of this act, then in that event the sheriff of
Wyoming county shall be authorized to enforce  the  provisions  of  this
act.
  e.  "Residence"  means  the  place  where  a  person sleeps, which may
include more than one location and may be mobile and/or transitory.
  f. "Sex offender" means any person:
  (1) who has been classified as a level  2  or  level  3  sex  offender
pursuant  to the procedures set forth in section 168-d of the correction
law; and
  (2) who is currently required to register pursuant to article  6-c  of
the correction law; and
  (3)  whose  residence,  work  and/or  travel  is not at the time of an
alleged violation of state law, including but not limited to subdivision
4 of section 243 of the executive law (restrictions on  level  2  and  3
offenders  on  probation), subdivision 14 of section 259-c of the execu-
tive law (restrictions on level 3 sex offenders  and  certain  offenders
whose  victims  were  minors),  section  20  of  the social services law
(restrictions on homeless level 2 and 3 offenders  seeking  shelter)  or
any  state legislation enacted in the future that may restrict the resi-
dence, work and/or travel of level 2 and/or level 3 sex offenders.

A. 6673                             3

  S 3. Restrictions. a. A sex offender shall not reside within  a  child
safety zone.
  b.  A  sex  offender  shall  not have employment within a child safety
zone.
  c. A sex offender shall not loiter  for  purposes  of  committing  any
crime within a child safety zone.
  S  4.  Exceptions. A sex offender entering or remaining within a child
safety zone does not commit a violation  of  this  act  if  any  of  the
following apply:
  a.  The sex offender is serving a sentence at a jail, prison, juvenile
facility or other correctional institution or facility or  is  an  inpa-
tient  in  a  hospital, hospice, mental health facility or nursing home.
However, this exception does not apply to an individual who initiates or
maintains contact with a minor within that child safety zone.
  b. The sex offender established his/her employment prior to the effec-
tive date of this act, or prior to the establishment of a newly  located
child safety zone; provided, however, that this exception does not apply
to  an individual who initiates or maintains contact with a minor within
that child safety zone other than for purposes  relating  to  schooling.
In  such  case,  the  parent,  parents  or  legal  guardian of the minor
contacted must be informed of the contact.
  c. The sex offender only intermittently or sporadically enters a child
safety zone for the purposes  of  work;  provided,  however,  that  this
exception  does  not  apply  to an individual who initiates or maintains
contact with a minor within that child safety zone.
  d. The sex offender shall only be permitted to drive past or through a
designated school bus stop and those areas as defined  as  child  safety
zones  of  traveling.    Under  no  circumstance shall a sex offender be
allowed to initiate or maintain contact with  any  child  while  driving
past  or through a designated school bus stop and those areas as defined
as child safety zones.
  e. The sex offender is  a  minor  or  a  ward  under  a  guardianship;
provided,  however,  that this exception does not apply to an individual
who initiates or maintains contact with a minor within that child safety
zone.
  f. The sex offender enters a child safety zone  for  the  purposes  of
exercising  the  right  to  vote; provided, however, that this exception
does not apply to an individual who initiates or maintains contact  with
a minor within that child safety zone.
  S  5.  Notice  to  relocate or change employment. Any sex offender who
resides or is employed in a child safety zone in violation of  this  act
shall  have six months from receipt of written notice of the prohibition
set forth in this act to move or change employment. Failure to move  his
or her residence or employment to a location which is in compliance with
this  section  within  that  time period shall constitute a violation of
this section.
  S 6. Notice of prohibition; form of  notice;  service.  a.  Notice  of
prohibition  shall  be  served  by registered or certified mail on a sex
offender who resides or lives in a child safety zone. Such notice  shall
be  served  by  the  law  enforcement  officer having jurisdiction. Such
notice of prohibition shall be in substantially the following form:
             NOTICE TO SEX OFFENDER: PROHIBITED RESIDENCE OR
                   EMPLOYMENT WITHIN CHILD SAFETY ZONE
  ___________________________________________ (Name and Address  of  sex
offender)

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  You  are hereby notified that the undersigned, pursuant to Chapter ___
of the laws of ____ of the state of New York, the County of Wyoming  has
determined  that  you reside or are employed within a Child Safety Zone,
as that term is defined in such Chapter, which  conduct  is  prohibited.
Specifically,  it  has been determined that your residence or employment
is located within one thousand five hundred (1,500)  feet  of  the  real
property  boundary  line  of  _____________ (Name and Address of school,
park, sporting facility, etc., as the case may be). You are hereby noti-
fied to remove yourself from the Child Safety  Zone  within  six  months
from your receipt of this Notice. Your failure to move your residence or
employment  to  a location that is in compliance with Chapter ___ of the
laws of ____ within such six-month period shall constitute  a  violation
of the law. The first violation of the provisions of this law shall be a
Class B misdemeanor, punishable by a fine of up to $500 and imprisonment
of up to three months in jail. A second or subsequent violation shall be
a  Class  A misdemeanor, punishable by a fine of up to $1,000 and impri-
sonment of up to one year in jail.
  Notice mailed _______________ (date)
  By: _______________________ (signature)
  ____________________________ (Title and Name of officer)
  S 7. Penalties for offenses. The first violation of the provisions  of
this  act  shall  be a Class B misdemeanor punishable by a fine of up to
$500 and imprisonment of up to three months in jail. A second or  subse-
quent  violation shall be a Class A misdemeanor, punishable by a fine of
up to $1,000 and imprisonment of up to one year in jail.
  S 8. Cessation of restrictions. The restrictions set forth in this act
shall cease when the sex offender is  no  longer  required  to  register
and/or  verify  pursuant  to  article 6-c of the correction law, the Sex
Offender Registration Act.
  S 9. Immunity from liability. a.  No  official,  employee  or  agency,
whether  public  or  private,  shall be subject to any civil or criminal
liability for damages in connection with the implementation or  enforce-
ment  of  this  act  unless  it is shown that such official, employee or
agency acted with gross negligence or in bad faith.
  b. Nothing in this section shall be deemed  to  impose  any  civil  or
criminal liability upon or to give rise to a cause of action against any
official,  employee or agency, whether public or private, for failing to
implement or enforce the provisions of this act unless it is shown  that
such  official, employee or agency acted with gross negligence or in bad
faith.
  S 10. Severability. If any clause, sentence,  paragraph,  subdivision,
section  or  part  of this act or the application thereof to any person,
individual, corporation, firm, partnership, entity or circumstance shall
be adjudged by any court of competent  jurisdiction  to  be  invalid  or
unconstitutional,  such  order  or  judgment  shall  not affect, impair,
effect or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part of this act or in its application to the person, individual, corpo-
ration,  firm,  partnership, entity or circumstance directly involved in
the controversy in which such order or judgment shall be entered.
  S 11. This act shall take effect immediately.