Bill Text: NY A02265 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to residency and verification requirements for certain sex offenders; creates a permanent residency restriction for sex offenders from residing within 1000 feet of school grounds.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2024-01-03 - referred to correction [A02265 Detail]
Download: New_York-2023-A02265-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2265 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. NORRIS, DeSTEFANO, J. M. GIGLIO, MORINELLO, MILL- ER -- Multi-Sponsored by -- M. of A. SAYEGH, WALSH -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to the residency and verification requirements and penalties for certain sex offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-a of the correction law is amended by adding 2 two new subdivisions 19 and 20 to read as follows: 3 19. "School grounds" means any building, structure, athletic playing 4 field, playground or land contained within the real property boundary 5 line or a licensed or registered day care center, public or private 6 elementary, parochial, intermediate, junior high, vocational, or high 7 school, or similar educational institution where children are in regular 8 attendance. 9 20. "Residence" means any place of abode, domicile, or inhabitance 10 where a convicted sex offender spends or intends to spend more than 11 three nights a week. For purposes of this article, a person may have 12 more than one residence. 13 § 2. The section heading of section 168-e of the correction law, as 14 added by chapter 192 of the laws of 1995, is amended and a new subdivi- 15 sion 3 is added to read as follows: 16 Discharge, parole, or release of sex offender [from correctional17facility]; duties of official in charge. 18 3. No person required to register under the provisions of this article 19 who has been convicted of or convicted for an attempt to commit any 20 offense under section 255.25, article one hundred thirty or article two 21 hundred sixty-three of the penal law or any other offenses defined in 22 section one hundred sixty-eight-a of this article where the victim of 23 such offense was a person under the age of eighteen and who is or has 24 been discharged, paroled, released to post-release supervision or 25 released from a state or local correctional facility, hospital or insti- 26 tution where he or she was confined or committed shall reside within one 27 thousand feet of any school grounds as measured in straight lines from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00599-01-3A. 2265 2 1 the center of the nearest point of ingress or egress of the residence to 2 the nearest real property boundary line of the school grounds. 3 § 3. Section 168-t of the correction law, as amended by chapter 373 of 4 the laws of 2007, is amended to read as follows: 5 § 168-t. Penalty. 1. Any sex offender required to register or to veri- 6 fy pursuant to the provisions of this article who fails to register or 7 verify in the manner and within the time periods provided for in this 8 article shall be guilty of a class E felony upon conviction for the 9 first offense, and upon conviction for a second or subsequent offense 10 shall be guilty of a class D felony. 11 2. Any sex offender who violates the provisions of section one hundred 12 sixty-eight-v of this article shall be guilty of a class A misdemeanor 13 upon conviction for the first offense, and upon conviction for a second 14 or subsequent offense shall be guilty of a class D felony. 15 3. Any sex offender who violates the provisions of subdivision three 16 of section one hundred sixty-eight-e of this article shall be guilty of 17 a class E felony upon conviction for the first offense, and upon 18 conviction for a second or subsequent offense shall be guilty of a class 19 D felony. 20 4. Any such failure to register [or], verify, or abide by residency 21 restrictions may also be the basis for revocation of parole pursuant to 22 section two hundred fifty-nine-i of the executive law or the basis for 23 revocation of probation pursuant to article four hundred ten of the 24 criminal procedure law. 25 5. a. Notwithstanding any other provision of law to the contrary and 26 in addition to any other penalty provided by this section, any sex 27 offender found guilty of a violation of this section on two or more 28 occasions shall be required to wear a location-transmitting device at 29 all times for the duration of the period of probation, parole, condi- 30 tional release or post-release supervision. The location-transmitting 31 device shall be attached to the sex offender by the agency supervising 32 the sex offender and such agency shall regularly and frequently monitor 33 the information transmitted by the device. 34 b. The cost of installing and maintaining the location-transmitting 35 device shall be borne by the person subject to such condition unless the 36 court determines such person is financially unable to afford such cost 37 whereupon such cost may be imposed pursuant to a payment plan or waived. 38 Such cost shall be considered a fine for the purposes of subdivision 39 five of section 420.10 of the criminal procedure law. Such cost shall 40 not replace, but shall instead be in addition to, any fines, surcharges, 41 or other costs imposed pursuant to this chapter or other applicable 42 laws. 43 c. Any sex offender who is required to wear a location-transmitting 44 device pursuant to this subdivision who violates such requirement shall 45 be guilty of a class D felony and such violation may be the basis for 46 revocation of parole pursuant to section two hundred fifty-nine-i of the 47 executive law or the basis for revocation of probation pursuant to arti- 48 cle four hundred ten of the criminal procedure law. 49 6. Any sex offender required to register or to verify pursuant to the 50 provisions of this article who knowingly submits false information 51 respecting his or her identity or residence in the course of completing 52 his or her duty to register or to verify his or her residence pursuant 53 to the provisions of this article shall be guilty of a class E felony. 54 § 4. This act shall take effect on the first of November next succeed- 55 ing the date on which it shall have become a law.
