NY State Senate Bill 2017-S1763

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to crime victims, crime and correction
Jan 10, 2017	referred to crime victims, crime and correction

2017-S1763 (ACTIVE) - Details

See Assembly Version of this Bill:: A6382
Current Committee:: Senate Crime Victims, Crime And Correction
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 Other Legislative Sessions:: 2015-2016: S4807, A6998
2019-2020: A6873
2021-2022: A3073
2023-2024: A2782

2017-S1763 (ACTIVE) - 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 five hundred feet of any school grounds.

2017-S1763 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1763

 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 :

To extend the residency restriction to 1500 feet from school grounds
for all levels of sex offenders, and make sex offenders fully aware of
these residency restrictions.

 SUMMARY OF PROVISIONS :


Section 1 of this bill amends Correction Law section 168-b by adding a
new subdivision 13 to provide that the New York State Division of
Criminal Justice Services (DCJS) must advise each sex offender to whom
the residency restriction prescribed by Correction Law section 168-w
applies of the terms and specific duration of such restriction.


Section 2 of this bill amends Correction Law section 168-1 to provide
that violation of Correction Law section 168-w(1) would be a class A
misdemeanor.

Section 3 of this bill reletters Correction Law section 168-w to
168-x, and adds a new section 168-w. New section 168-w establishes
residency restrictions for sex offenders. New subdivision 1 provides
that no sex offender can reside in a residence that is within 1500
feet of any school building that is regularly used for instructional
purposes. This residency restriction shall apply for 10 years or the
period or term of probation, parole, conditional release or
post-release supervision that is applicable to the specific offense,
whichever is longer.

New subdivision 2 provides the definition for the term "school."

New subdivision 3 provides that nothing in this section shall be
construed to restrict any lawful condition that may be imposed on a
sentenced sex offender.


Section 4 of this bill amends Executive Law section 259-c by adding a
new subdivision 18, providing that when the Correction Law section
168-w residency restrictions apply to a released sex offender, DCJS
must (1) notify the released sex offender of the residency restriction
in writing, and (2) direct the supervising parole officer to notify
the released sex offender of the residency restriction orally and in
writing.


Section 5 of this bill amends Penal Law section 65.10 by adding a new
subdivision 6 to provide for notice of residency restrictions for sex
offenders. This new subdivision provides that the court must notify
the defendant of the restriction in writing, and the supervising
probation officer must notify the offender of the restriction orally
and in writing if Correction Law section 168-w applies.


Section 6 of this bill provides that this act shall take effect on the
sixtieth day after it shall have become a law and shall apply to
convictions entered on or after such date.

 JUSTIFICATION :
Recently, the New York State Court of Appeals ruled that local laws
restricting residency of sex offenders are unconstitutional, and that
these residency restriction laws could only be enacted at the state
level. After that ruling, more than 170 local laws were negated. The
provisions of this bill will extend the residency restriction to 1500
feet from a school building regularly used for instructional purposes.
This bill also provides that sex offenders must be notified of the
requirements orally and in writing.

The safety of our children in New York State is paramount, and this
law will help to rectify this issue left in the wake of the New York
State Court of Appeals' ruling. This law will also make sure that sex
offenders are fully aware of the parameters in regard to residency
restrictions, and provides for a penalty if a sex offender violates
these residency requirements.

This proposed law would establish clear residency requirements, and
make sure sex offenders receive proper notice of these requirements.
Sex offenders residing near schools creates a severe public safety
issue for communities across the State, and this legislation seeks to
remediate that public safety issue with clear notice and clear
residency requirements for sex offenders released into communities
across New York State.

 LEGISLATIVE HISTORY :

2015 - 2016: S.4807 - Referred to Crime Victims, Crime and Correction
both years

 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 convictions entered on or after such
date.

2017-S1763 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1763
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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.
   § 2. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   §  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.
                                                            LBD06047-01-7

 S. 1763                             2
 
   § 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:
   §  168-W. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
 SHALL RESIDE IN A RESIDENCE THAT IS WITHIN  ONE  THOUSAND  FIVE  HUNDRED
 FEET  OF  ANY  SCHOOL  GROUNDS. 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 SUPERVISION APPLICABLE TO
 SUCH OFFENSE.
   2. FOR PURPOSES OF THIS SECTION, "SCHOOL GROUNDS" SHALL HAVE THE  SAME
 MEANING  AS  DEFINED  IN  SUBDIVISION  FOURTEEN OF SECTION 220.00 OF THE
 PENAL LAW.
   3. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
 LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
   §  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.
   § 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.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law  and shall apply to convictions entered on or after
 such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1763

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2017-S1763 (ACTIVE) - Details

2017-S1763 (ACTIVE) - Summary

2017-S1763 (ACTIVE) - Sponsor Memo

2017-S1763 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1763

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2017-S1763 (ACTIVE) - Details

2017-S1763 (ACTIVE) - Summary

2017-S1763 (ACTIVE) - Sponsor Memo

2017-S1763 (ACTIVE) - Bill Text download pdf

Comments