Bill Text: NY A09258 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; also prohibits such offenders from attending or participating in school sponsored activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-05 - referred to correction [A09258 Detail]

Download: New_York-2015-A09258-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9258
                   IN ASSEMBLY
                                    February 5, 2016
                                       ___________
        Introduced by M. of A. TITONE -- 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:
     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    § 168-w. Level two and level three sex offender residence limitations;
     5  penalty. 1. (a) It shall be unlawful for any level two  or  level  three
     6  sex  offender  to  knowingly  reside  within fifteen hundred feet of the
     7  residence of a victim of his or her  sex  offense  or  sexually  violent
     8  offense.
     9    (b)  The  residence  prohibition  established by paragraph (a) of this
    10  subdivision shall remain in effect for as long as the offender is  clas-
    11  sified as a level two or three sex offender.
    12    (c)  In  any  prosecution pursuant to this subdivision, it shall be an
    13  affirmative defense that, after the sex offender's conviction of  a  sex
    14  offense  or  sexually violent offense, the victim of such offense estab-
    15  lished a residence within fifteen hundred feet  of  the  sex  offender's
    16  residence.
    17    (d)  No  provision  of this subdivision shall be deemed to require the
    18  disclosure or notification of the address of any victim to a sex  offen-
    19  der.
    20    2. (a) It shall be unlawful for any level two or three sex offender to
    21  knowingly  reside  or enter within one thousand five hundred feet of any
    22  school grounds. For the purposes of this subdivision,  "school  grounds"
    23  means  any  building,  structure,  athletic playing field, playground or
    24  land contained within the real property line  of  a  public  or  private
    25  elementary,  parochial,  intermediate,  junior  high, vocational or high
    26  school.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00584-02-5