BILL NUMBER: S1953

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the correction law, in relation to restricting sex
offenders from residing near the residence of their victim

 
PURPOSE OR GENERAL IDEA OF BILL:

To restrict sex offenders from residing within 1500 feet of the resi-
dence to their victim.

 
SUMMARY OF PROVISIONS:

Section 1: Adds section 168-w to Section 168-w of the correction law to
add that level two and level three sex offender residence limitation
penalty will include that it will be unlawful for any level two or level
three sex offender to knowingly reside within fifteen hundred feet of
the residence of a victim of his or her sex offense or sexually violent
offense.
              

States that the residence prohibition will be in effect for as long as
the offender is classified as a level two or three sex offender.

States that any prosecution pursuant to this will be an affirmative
defense that, after the sex offender's conviction of a sex offense or
sexually violent offense, the victim of such offense established a resi-
dence within fifteen hundred feet of the sex offender's residence.

States that no provision of this section will require the disclosure or
notification of the address of any victim to a sex offender.

States that a sex offender who violates the provisions of this law will
be guilty of a class E felony.

Section 2: Effective Date

 
JUSTIFICATION:

According to a report in the Journal News, in 2011, a sex offender in
PutnaM County was released from prison after serving approximately
sixteen months in jail, and was classified as a level three offender.  A
level three offender is one that has a high risk of a repeat offense and
is also considered a threat to public safety. Following his release, the
offender, whose victims were eight and nine years old at the time the
abuse took place, was permitted to reside next door to one of the
victims of his abuse.

This legislation would prohibit a level two or three sex offender from
residing within 1500 feet of the residence of the victim of their abuse
in order to prevent instances such as the one detailed above from occur-
ring. The victims and their families should not have to bear the burden
or costs of moving because of the offender returning to the neighbor-
hood. Additionally, the victims should not have to tolerate the
emotional distress that coming into contact with, or being in the pres-
ence of their abuser, may cause.

 
PRIOR LEGISLATIVE HISTORY:
2013-2014: A.90251 S.6778 - Referred to Correction.

2015-2016: A.752/S.2950 - Referred to Correction.

2017-2018: A.860/S.968 - Referred to Correction.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
becomes law.