Assembly Bill A4169

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4169
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on 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 THEIR 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
 LAND CONTAINED WITHIN THE REAL PROPERTY LINE  OF  A  PUBLIC  OR  PRIVATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01833-01-5
 A. 4169                             2
              

 
 ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL OR HIGH
 SCHOOL.
   (B)  IT  SHALL  BE UNLAWFUL FOR ANY LEVEL TWO OR THREE SEX OFFENDER TO
 KNOWINGLY ATTEND OR PARTICIPATE IN ANY EVENT OR ACTIVITY SPONSORED BY  A
 PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,  INTERMEDIATE, JUNIOR HIGH,
 VOCATIONAL OR HIGH SCHOOL, REGARDLESS OF WHETHER SUCH EVENT OR  ACTIVITY
 IS CONDUCTED UPON SCHOOL GROUNDS.
   (C)  THE PROHIBITIONS IMPOSED BY PARAGRAPHS (A) AND (B) OF THIS SUBDI-
 VISION SHALL REMAIN IN EFFECT FOR AS LONG AS THE SEX OFFENDER IS CLASSI-
 FIED AS A LEVEL TWO OR THREE SEX OFFENDER.
   (D) IN ANY PROSECUTION PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,
 IT SHALL BE AN AFFIRMATIVE DEFENSE THAT:
   (I)  THE  SEX OFFENDER RESIDES WITHIN A FACILITY OPERATED BY AND IS IN
 THE CUSTODY OF A LOCAL CORRECTIONS DEPARTMENT,  A  COUNTY  SHERIFF,  THE
 DEPARTMENT,  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE OFFICE OF
 MENTAL HEALTH;
   (II) THE SEX OFFENDER ESTABLISHED THEIR RESIDENCE PRIOR TO THE  EFFEC-
 TIVE  DATE  OF  THIS  SUBDIVISION,  OR SCHOOL GROUNDS ARE ESTABLISHED OR
 EXTENDED AFTER THE SEX OFFENDER HAS ESTABLISHED THEIR RESIDENCE;
   (III) THE SEX OFFENDER IS UNDER TWENTY-ONE YEARS  OF  AGE  OR  A  WARD
 UNDER A GUARDIANSHIP; OR
   (IV)  THE SEX OFFENDER'S PLACE OF RESIDENCE HAS BEEN FIXED BY ORDER OF
 A COURT OF COMPETENT JURISDICTION, OR BY ANY FEDERAL, STATE,  COUNTY  OR
 CITY AGENCY HAVING JURISDICTION OVER THE SEX OFFENDER.
   (E)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A LEVEL TWO OR THREE SEX OFFENDER MAY ENTER UPON  AND  WITHIN  ONE
 THOUSAND  FIVE HUNDRED FEET OF SCHOOL GROUNDS FOR THE LIMITED PURPOSE OF
 CASTING THEIR BALLOT AT THEIR POLLING PLACE, WITHIN  SUCH  ONE  THOUSAND
 FIVE  HUNDRED  FEET  AREA, IN A SPECIAL, PRIMARY OR GENERAL ELECTION FOR
 WHICH THE SEX OFFENDER IS REGISTERED TO VOTE.  THE  PROVISIONS  OF  THIS
 PARAGRAPH  SHALL ONLY APPLY TO A SEX OFFENDER WHO PROVIDES NOT LESS THAN
 THIRTY DAYS NOTICE TO THE BUILDING PRINCIPAL OF THE APPROPRIATE  SCHOOL,
 THAT  SUCH SEX OFFENDER WILL BE ENTERING UPON OR NEAR SCHOOL GROUNDS FOR
 THE PURPOSE OF VOTING. SUCH NOTICE SHALL ALSO STATE THE ONE HOUR  PERIOD
 OF  TIME  DURING  WHICH THE SEX OFFENDER WILL CAST THEIR BALLOT, AND THE
 EXEMPTION GRANTED BY THIS PARAGRAPH SHALL ONLY APPLY TO THE SEX OFFENDER
 DURING SUCH ONE HOUR PERIOD OF TIME.
   3. A SEX OFFENDER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 GUILTY OF A CLASS E FELONY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.