senate Bill S5369

2021-2022 Legislative Session

Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; also prohibits such offenders from attending school activities

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to crime victims, crime and correction
Mar 03, 2021 referred to crime victims, crime and correction

Co-Sponsors

S5369 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2609
2017-2018: S3957
2019-2020: S3932

S5369 (ACTIVE) - Summary

Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; prohibits such offenders from attending or participating in school sponsored activities.

S5369 (ACTIVE) - Sponsor Memo

S5369 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5369
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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  restricting  sex
   offenders from residing near the residence of their victim or near any
   school

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-w of the correction law, as renumbered by chap-
 ter 604 of the laws of 2005, is  renumbered  section  168-x  and  a  new
 section 168-w is added to read as follows:
   § 168-W. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATIONS;
 PENALTY.  1.  (A)  IT SHALL 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.
   (B) THE RESIDENCE PROHIBITION ESTABLISHED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLAS-
 SIFIED AS A LEVEL TWO OR THREE SEX OFFENDER.
   (C) IN ANY PROSECUTION PURSUANT TO THIS SUBDIVISION, IT  SHALL  BE  AN
 AFFIRMATIVE  DEFENSE  THAT, AFTER THE SEX OFFENDER'S CONVICTION OF A SEX
 OFFENSE OR SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH  OFFENSE  ESTAB-
 LISHED  A  RESIDENCE  WITHIN  FIFTEEN HUNDRED FEET OF THE SEX OFFENDER'S
 RESIDENCE.
   (D) NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED  TO  REQUIRE  THE
 DISCLOSURE  OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX OFFEN-
 DER.
   2. (A) IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR THREE SEX OFFENDER TO
 KNOWINGLY RESIDE OR ENTER WITHIN ONE THOUSAND FIVE HUNDRED FEET  OF  ANY
 SCHOOL  GROUNDS.  FOR THE PURPOSES OF THIS SUBDIVISION, "SCHOOL GROUNDS"
 MEANS ANY BUILDING, STRUCTURE, ATHLETIC  PLAYING  FIELD,  PLAYGROUND  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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