S T A T E O F N E W Y O R K
________________________________________________________________________
6043
2017-2018 Regular Sessions
I N S E N A T E
May 10, 2017
___________
Introduced by Sen. KENNEDY -- 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, in relation to municipal residency
restrictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. It is the sense of the legislature
that determinations regarding restrictions upon the residence of sex
offenders who are required to register pursuant to the provisions of
article 6-C of the correction law should be made by the local munici-
pality in which such offenders reside, subject to state set minimum
distance and a permissible maximum distance allowing state interests to
determine housing for registered sex offenders. Municipalities are in a
better position than the state to determine whether the restrictive
residential distance from a school grounds shall remain at one thousand
feet, or shall be expanded to up to one thousand five hundred feet.
§ 2. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is numbered section 168-x and a new section 168-w
is added to read as follows:
§ 168-W. MUNICIPAL RESIDENCY RESTRICTIONS. ANY MUNICIPALITY MAY ENACT
A LOCAL LAW WHICH IMPOSES RESIDENCY RESTRICTIONS UPON SEX OFFENDERS
REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH RESI-
DENCY RESTRICTIONS ARE NO LESS RESTRICTIVE THAN THE REQUIREMENTS SET
FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR-A OF SECTION 65.10 OF THE
PENAL LAW AND SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED FIFTY-NINE-C
OF THE EXECUTIVE LAW, AND PROVIDED THAT SUCH RESIDENCY RESTRICTIONS DO
NOT EXCEED ONE THOUSAND FIVE HUNDRED FEET FROM A SCHOOL GROUNDS.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11289-01-7