S T A T E O F N E W Y O R K
________________________________________________________________________
3259
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law and the penal law, in relation to the
requirement for certain sex offenders who are on probation or parole,
or conditionally released to reside certain distances from school
grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 259-f
to read as follows:
§ 259-F. CERTAIN SEX OFFENDERS; RESIDENCE NEAR SCHOOL GROUNDS. THE
COMMISSIONER, IN CONSULTATION WITH THE BOARD, DIRECTOR OF PROBATION AND
CORRECTIONAL ALTERNATIVES AND COMMISSIONER OF CRIMINAL JUSTICE SERVICES,
SHALL ESTABLISH BY RULE A UNIFORM STANDARD FOR MEASURING AND ENFORCING
THE DISTANCE RESTRICTIONS FOR PROPOSED RESIDENCES FOR REGISTERED SEX
OFFENDERS WHO ARE SUBJECT TO THE PROVISION OF SUBDIVISION FOURTEEN OF
SECTION TWO HUNDRED FIFTY-NINE-C OF THIS ARTICLE OR SUBDIVISION FOUR-A
OF SECTION 65.10 OF THE PENAL LAW. SUCH STANDARD SHALL INCLUDE SPECIFIC
REQUIREMENTS AND THE METHODOLOGY FOR THE ENFORCEMENT OF THE DISTANCE
RESTRICTIONS AND SUCH STANDARD SHALL BE POSTED ON THE INTERNET WEBSITE
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 2. Subdivision 14 of section 220.00 of the penal law, as amended by
chapter 292 of the laws of 1994, is amended to read as follows:
14. "School grounds" means (a) in or on or within any building, struc-
ture, athletic playing field, playground or land contained within the
real property boundary line of a public or private elementary, parochi-
al, intermediate, junior high, vocational, or high school, or (b) any
area accessible to the public located within one thousand feet of the
real property boundary line comprising any such school or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such school. For the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00991-01-7
A. 3259 2
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
rants. PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF SUBDIVISION FOURTEEN
OF SECTION TWO HUNDRED FIFTY-NINE-C OF THE EXECUTIVE LAW OR SUBDIVISION
FOUR-A OF SECTION 65.10 OF THIS CHAPTER, SUCH ONE THOUSAND FOOT DISTANCE
SHALL BE MEASURED FROM THE CLOSEST POINT OF THE REAL PROPERTY BOUNDARY
LINE OF THE SCHOOL GROUNDS TO THE CLOSEST POINT OF THE REAL PROPERTY
BOUNDARY LINE OF THE RESIDENCE OF THE SEX OFFENDER.
§ 3. This act shall take effect immediately.