Provides residency requirements for sex offenders

2 Co-sponsors

• David Carlucci
• Ted O'Brien

BILL NUMBER:S2580

Title of bill

An act to amend the correction law, the executive law and the penal law, in relation to certain residency requirements for sex offenders

Purpose or general idea of bill

To prohibit sex offenders from moving to a residence that is within 1000 feet of any school building regularly used for instructional purposes, a building in which child day care is provided or a park.

Summary of specific provisions

Section 1: Section 168-b of the correction law is amended by adding a new subdivision 12 to read as follows: 12. The division, when acknowledging initial registration and thereafter in annual correspondence, shall advise each sex offender, to whom the residency restriction in section one hundred sixty-eight-w of this article applies; concerning the terms and specific duration of such restriction.

Section 2; Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to include in the penalty section that a violation of section one hundred sixty-eight-v or subdivision one of section one hundred sixty-eight-w of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony.

Section 3: Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added.

Section 4: Section 259-c of the executive law is amended by adding a new subdivision 18.

Section 5: Section 65.10 of the penal law is amended by adding a new subdivision 6.

Section 6: Sets the enactment date

JUSTIFICATION:' Across the state, not willing to wait for the courts to move forward, municipalities and counties are taking proactive measures to protect their children from violent sexual predators by enacting residency requirement legislation to keep sex offenders away from children.

We love our children and we aim to protect them. Recent court action has created the need for a uniform state standard from dangerous sexual predators. This statewide Child Safety Zone legislation would create this standard.

Prior legislative history

2009-10: A.7948 - Referred to Codes/S.1300A - Referred to Crime Victims, Crime and Corrections

1/7/11 Referred to Victims, Crime and Correction 1/4/12 Referred to Victims, Crime and Correction

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law and shall apply to sex offenders convicted or released on or after such date.