Bill Text: NY A07685 | 2011-2012 | General Assembly | Introduced

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Bill Title: Restricts level two and level three sex offenders from residing within one-half mile of any public or private elementary, middle or high school or licensed day care facility; makes a violation of this provision a class E felony.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A07685 Detail]

Download: New_York-2011-A07685-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7685
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 13, 2011
                                      ___________
       Introduced by M. of A. SALADINO, N. RIVERA, RA, M. MILLER, RAIA, BURLING
         --  Multi-Sponsored  by  --  M. of A. CERETTO, GRAF, McDONOUGH -- read
         once and referred to the Committee on Correction
       AN ACT to amend the correction law, in  relation  to  restricting  where
         level two and level three sex offenders may reside
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 168-w of the correction law, as relettered by chap-
    2  ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
    3  section 168-w is added to read as follows:
    4    S  168-W. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION;
    5  PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR  LEVEL  THREE  SEX
    6  OFFENDER TO RESIDE WITHIN ONE-HALF MILE OF ANY PUBLIC OR PRIVATE ELEMEN-
    7  TARY,  MIDDLE,  HIGH,  OR  NURSERY SCHOOL, CHILDREN'S PARK, LICENSED DAY
    8  CARE FACILITY OR WITHIN ONE MILE OF THE RESIDENCE OF THEIR VICTIM.
    9    2. NO SHELTER OR HOUSING  ACCOMMODATION  SHALL  PERMIT  OR  CAUSE  THE
   10  PLACEMENT  OF  ANY LEVEL TWO OR LEVEL THREE SEX OFFENDER IF SUCH SHELTER
   11  OR HOUSING ACCOMMODATION IS  WITHIN  ONE-HALF  MILE  OF  ANY  PUBLIC  OR
   12  PRIVATE  ELEMENTARY,  MIDDLE,  HIGH, OR NURSERY SCHOOL, CHILDREN'S PARK,
   13  LICENSED DAY CARE FACILITY OR WITHIN ONE MILE OF THE RESIDENCE OF  THEIR
   14  VICTIM.
   15    3.  THE RESIDENCE PROHIBITIONS ESTABLISHED BY SUBDIVISIONS ONE AND TWO
   16  OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS  THE  OFFENDER  IS
   17  CLASSIFIED AS A LEVEL TWO OR LEVEL THREE SEX OFFENDER.
   18    4.  A  SEX  OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
   19  THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09041-01-1