Assembly Bill A860

2017-2018 Legislative Session

Relates to sex offender residence limitation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A860 (ACTIVE) - Details

See Senate Version of this Bill:
S968
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:
2013-2014: A9025, S6778
2015-2016: A752, S2950
2019-2020: A432, S1953
2021-2022: A583, S1773
2023-2024: A9608, S1881

2017-A860 (ACTIVE) - Summary

Relates to sex offender residence limitation; restricts level two and three sex offenders from residing within 1,500 feet of their victims.

2017-A860 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    860
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BRAUNSTEIN, SALADINO, SIMANOWITZ, MOSLEY, CRESPO,
   RIVERA,  ZEBROWSKI, OTIS, FAHY, SKOUFIS, GUNTHER, SCHIMMINGER, KEARNS,
   GALEF, STECK,  PERRY,  STIRPE,  BARRETT,  JENNE,  BRABENEC,  BUCHWALD,
   HARRIS  --  Multi-Sponsored  by  --  M. of A. CROUCH, DiPIETRO, FINCH,
   GIGLIO, GOODELL, HIKIND, McDONOUGH, McLAUGHLIN, PALMESANO, RA, RAIA --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction  law,  in  relation  to  restricting  sex
   offenders from residing near the residence of their victim
 
   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:
   §  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  KNOWINGLY  RESIDE WITHIN FIFTEEN HUNDRED FEET OF THE RESI-
 DENCE OF A VICTIM OF HIS OR HER SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE.
   2. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISION  ONE  OF  THIS
 SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED
 AS A LEVEL TWO OR THREE SEX OFFENDER.
   3.  IN ANY PROSECUTION PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIR-
 MATIVE DEFENSE THAT, AFTER  THE  SEX  OFFENDER'S  CONVICTION  OF  A  SEX
 OFFENSE  OR  SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH OFFENSE ESTAB-
 LISHED A RESIDENCE WITHIN FIFTEEN HUNDRED FEET  OF  THE  SEX  OFFENDER'S
 RESIDENCE.
   4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO REQUIRE THE DISCLO-
 SURE OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX OFFENDER.
   5.  A  SEX  OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
 THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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