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Senate Bill S6516

2023-2024 Legislative Session

Provides for municipal residency restrictions

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Archive: Last Bill Status - Stricken

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2023-S6516 (ACTIVE) - Details

Law Section:
Correction Law
Laws Affected:
Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6043
2019-2020: S1545
2021-2022: S3856

2023-S6516 (ACTIVE) - Summary

Provides for municipal residency restrictions; sets permissible maximum distance from a school grounds at 1,500 feet.

2023-S6516 (ACTIVE) - Sponsor Memo

2023-S6516 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6516
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2023
                                ___________
 
 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 renumbered by chapter 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.  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.
                                                            LBD05045-01-3

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