Senate Bill S787

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    787
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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, the executive law and the penal law,
   in  relation to prohibiting sex offenders from living within a quarter
   mile of any school, park, playground or building in  which  child  day
   care is provided
 
   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.
   § 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 SUBDIVISION ONE OF
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03572-01-3
 S. 787                              2
              

 
 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 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. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
 SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE  THOUSAND  THREE  HUNDRED
 FIFTY FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR BUILDING IN WHICH
 CHILD DAY CARE IS PROVIDED.
   2.  FOR  PURPOSES  OF  THIS  SECTION,  "SCHOOL" SHALL MEAN A PUBLIC OR
 PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL  OR
 HIGH SCHOOL REGULARLY USED FOR INSTRUCTIONAL PURPOSES.
   3.  THE  PROVISIONS OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG
 AS THE OFFENDER IS CLASSIFIED AS A SEX OFFENDER.
   4. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
 LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
   §  4.  Section  259-c  of the executive law is amended by adding a new
 subdivision 18 to read as follows:
   18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-EIGHT-W  OF  THE
 CORRECTION  LAW  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE APPLY,
 DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING
 AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH
 RESTRICTION ORALLY AND IN WRITING.
   § 5. Section 65.10 of the penal law is amended by adding a new  subdi-
 vision 6 to read as follows:
   6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX  OFFENDERS. WHEN THE
 PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF  THE  CORRECTION  LAW
 CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE  APPLY, THE COURT SHALL
 NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND  THE  SUPERVISING
 PROBATION  OFFICER  SHALL  NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY
 AND IN WRITING.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to sex offenders convicted or released
 on or after such date.