NY State Senate Bill 2017-S8075

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2018	referred to crime victims, crime and correction

2017-S8075 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-t & 168-w, Cor L

2017-S8075 (ACTIVE) - Summary

Relates to residency requirements for sex offenders; prohibits residing within one thousand feet of school grounds.

2017-S8075 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8075

SPONSOR: AVELLA
 
TITLE OF BILL:

An act to amend the correction law, in relation to residency require-
ments for sex offenders

 
PURPOSE:

The purpose of this bill is to create a system to regularly monitor the
compliance of sex offenders with residency requirements, and to require
class three sex offenders to be subject to residency requirements for
the duration of the time that they have to register with the state.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 168-b of the correction law by
adding new subdivision 13, which would require the creation of a system
to regularly monitor that sex offenders are complying with the applica-
ble residency requirements.

Section 2 of this bill amends Section 168-t of the correction law by
including section 168-w under its provisions thereby making the
violation of that section a class A misdemeanor for the first offense,
and a class D felony for subsequent violations.

Section 3 of this bill amends Section 168-w of the correction law by
making it Section 168-x and adding a new Section 168-w, which provides
that sex offenders required to register under this Article, must reside
in a residence that is located at least one thousand feet from any
school grounds.

Section 4 of this bill states that this act shall take effect on the
ninetieth day after it shall have become law.

 
JUSTIFICATION:

Currently, under the Sexual Assault Reform Act (SARA), only those sex
offenders still currently under supervision, such as probation or
parole, are limited in where they can reside. This includes those sex
offenders that are classified as level three, which means that there is
a high risk of a repeated offense and a threat to public safety exists.
Further, the New York State Department of Corrections and Community
Supervision (NYSDCCS) has no current system to track whether those sex
offenders subject to residency requirements are actually abiding by
those restrictions.

This legislation, based on the overwhelming public safety concerns,
would amend the existing law to require all of those currently subject
to registration requirements to also reside at least one thousand feet
from any school grounds. In addition, it would require NYSDCCS to create
a system to regularly monitor compliance with residency restrictions.

The current system lacks all good sense to trust sex offenders to prop-
erly comply with residency requirements without any real system in place
to monitor such compliance. Further, to allow sex offenders, some of
which are at a high risk of a repeated offense, to live next to schools
without any regulation puts our schools and our children at risk. These
changes to the corrections law are necessary to ensure that convicted
sex offenders are prevent from being in close proximity to our schools
and a threat to our children.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S8075 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8075
 
                             I N  S E N A T E
 
                              March 26, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 residency require-
   ments 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. THE DIVISION SHALL REGULARLY MONITOR COMPLIANCE  WITH  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 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15114-01-8

 S. 8075                             2
 
   §  168-W.  RESIDENCY  REQUIREMENTS  FOR SEX OFFENDERS. NO SEX OFFENDER
 REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL RESIDE IN A RESIDENCE THAT
 IS WITHIN ONE THOUSAND FEET OF ANY SCHOOL GROUNDS. 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S8075

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

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2017-S8075 (ACTIVE) - Details

2017-S8075 (ACTIVE) - Summary

2017-S8075 (ACTIVE) - Sponsor Memo

2017-S8075 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

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

Actions

2017-S8075 (ACTIVE) - Details

2017-S8075 (ACTIVE) - Summary

2017-S8075 (ACTIVE) - Sponsor Memo

2017-S8075 (ACTIVE) - Bill Text download pdf

Comments