senate Bill S5680

2013-2014 Legislative Session

Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided

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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
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 11, 2013 referred to correction
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1213
committee discharged and committed to rules
Jun 04, 2013 referred to crime victims, crime and correction

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S5680 - Bill Details

See Assembly Version of this Bill:
A3419
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-b & 168-t, add §168-w, Cor L; amd §259-c, Exec L; amd §65.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A8670

S5680 - Bill Texts

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Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.

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BILL NUMBER:S5680

TITLE OF BILL: An act to amend the correction law, the executive law
and the penal law, in relation to prohibiting sex offenders from
living within a quarter mile of any school, park, playground or
building in which child day care is provided

PURPOSE OF THE BILL: This legislation would prohibit any sex offender
from residing within a quarter mile of any school, playground, park or
building in which child day care is provided.

SUMMARY OF SPECIFIC PROVISIONS: Amends various sections of law to
require that registered sex offenders shall be prohibited from living
within 1,350 feet, or a quarter mile, from any school building,
playground, park or building in which child day care is provided.

JUSTIFICATION: In 2007, the North Tonawanda Common Council passed a
local law barring sex offenders from living within 1,350 feet or 1/4
of a mile of any property where children frequent. Such properties
include but are not limited to, schools, daycares and playgrounds. In
an effort to continue to protect the citizens and children of the
State the radius within which sex offenders are prohibited from
residing would be expanded to 1/4 mile.

PRIOR LEGISLATIVE HISTORY: 2011-2012: A.8670

FISCAL IMPLICATIONS: None to the state.

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.

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

                                  5680

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 4, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 prohibiting sex offenders from living within a quarter
  mile of any school, park, playground or building in  which  child  day
  care is provided

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06748-01-3

S. 5680                             2

the  executive  law or the basis for revocation of probation pursuant to
article four hundred ten of the criminal procedure law.
  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  THREE  HUNDRED
FIFTY FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR BUILDING IN WHICH
CHILD DAY CARE IS PROVIDED.
  2.  FOR  PURPOSES  OF  THIS  SECTION,  "SCHOOL" SHALL MEAN A PUBLIC OR
PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL  OR
HIGH SCHOOL REGULARLY USED FOR INSTRUCTIONAL PURPOSES.
  3.  THE  PROVISIONS OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG
AS THE OFFENDER IS CLASSIFIED AS A SEX OFFENDER.
  4. 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 RELEASEE OF THE RESTRICTION IN WRITING
AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE 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.

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