S T A T E O F N E W Y O R K
________________________________________________________________________
1389
2019-2020 Regular Sessions
I N S E N A T E
January 14, 2019
___________
Introduced by Sen. FUNKE -- 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 authorizing munici-
palities to establish residency restrictions for sex offenders
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 since municipalities are in a
better position than the state, after taking into consideration local
conditions and after determining what entities with vulnerable popu-
lations would require protection from registered sex offenders, to make
such determinations.
§ 2. 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. 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07110-01-9