senate Bill S2580

2013-2014 Legislative Session

Provides residency requirements for sex offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Jan 22, 2013 referred to crime victims, crime and correction

Co-Sponsors

S2580 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
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 Previous Legislative Sessions:
2011-2012: S1475
2009-2010: S1300

S2580 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2580

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


1/7/11 Referred to Victims, Crime and Correction
1/4/12 Referred to Victims, Crime and Correction

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.

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

                                  2580

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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, 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07170-01-3

S. 2580                             2

  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 PERSON RELEASED OF THE RESTRICTION  IN
WRITING  AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY SUCH PERSON
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.