Bill Text: NY A08979 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-10 - referred to correction [A08979 Detail]

Download: New_York-2011-A08979-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8979
                                 I N  A S S E M B L Y
                                   January 10, 2012
                                      ___________
       Introduced  by  M. of A. TITONE, BENEDETTO, GABRYSZAK, GUNTHER, LANCMAN,
         MAISEL, WEISENBERG, GIBSON, ORTIZ, HOOPER, STEVENSON, TENNEY,  CASTEL-
         LI, BRINDISI, CASTRO -- Multi-Sponsored by -- M. of A. ABBATE, BARRON,
         BOYLAND, BURLING, CORWIN, CROUCH, FINCH, GALEF, GIGLIO, MAGEE, MOLINA-
         RO,  MURRAY, OAKS, RAIA, SWEENEY, TOBACCO -- read once and referred to
         the Committee on Correction
       AN ACT to amend the correction law, in relation to  prohibiting  certain
         sex offenders from residing near the boundaries of any school
         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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
    5  SEX  OFFENDER  SHALL RESIDE WITHIN ONE THOUSAND THREE HUNDRED FIFTY FEET
    6  OF THE BOUNDARIES OF ANY SCHOOL THAT WORKS  WITH,  INSTRUCTS  OR  TREATS
    7  CHILDREN  UNDER  THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT IN A
    8  CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE,  NO  DESIGNATED  SEX
    9  OFFENDER  SHALL RESIDE WITHIN FIVE HUNDRED FEET OF THE BOUNDARIES OF ANY
   10  SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS CHILDREN UNDER  THE  AGE  OF
   11  EIGHTEEN YEARS.
   12    2. FOR THE PURPOSES OF THIS SECTION:
   13    (A)  "BOUNDARIES  OF  ANY SCHOOL" MEANS IN, ON OR WITHIN ANY BUILDING,
   14  STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN
   15  THE  REAL  PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE CENTER, PUBLIC
   16  OR PRIVATE ELEMENTARY, INTERMEDIATE, JUNIOR  HIGH,  VOCATIONAL  OR  HIGH
   17  SCHOOL,  OR  SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN DAILY
   18  ATTENDANCE.
   19    (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
   20    (I) CONVICTED OF THE  COMMISSION  OF  OR  AN  ATTEMPT  TO  COMMIT  ANY
   21  VIOLATION  OF  SECTION  130.20,  130.25, 130.30, 130.35, 130.40, 130.45,
   22  130.50, 130.55, 130.60, 130.65, 130.66, 130.67, 130.70,  130.75,  130.80
   23  OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07825-04-2
       A. 8979                             2
    1    (II)  CONVICTED  OF ANY SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE, WHERE
    2  THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
    3    3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
    4  SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.