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Sponsors
Senator · Senate District 40
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 56–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.775
- Print number 6778a
- Amend and recommit to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to sex offender residence limitation
In Assembly Committee · Correction · Sponsor Edward Braunstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6778A
Title of bill
An act to amend the correction law, in relation to restricting sex offenders from residing near the residence of their victim
Purpose
To restrict sex offenders from residing within 1500 feet of the residence to their victim.
Summary of provisions
Section One - adds section 168-w to Section 168-w of the correction law to add that level two and level three sex offender residence limitation penalty will include that it will be unlawful for any level two or level three sex offender to knowingly reside within fifteen hundred feet of the residence of a victim of his or her sex offense or sexually violent offense.
Section One, subsection 2 - states that the residence prohibition will be in effect for as long as the offender is classified as a level two or three sex offender.
Section One, subsection 3 - states that any prosecution pursuant to this will be an affirmative defense that, after the sex offender's conviction of a sex offense or sexually violent offense, the victim of such offense established a residence within fifteen hundred feet of the sex offender's residence.
Section One, subsection 4 - states that no provision of this section will require the disclosure or notification of the address of any victim to a sex offender.
Section One, subsection 5 - states that a sex offender who violates the provisions of this law will be guilty of a class E felony.
Section Two - states this act shall take effect on the one hundred eightieth day after it becomes law.
Justification
According to a report in the Westchester County Journal News, in 2011, a sex offender in Putnam County was released from prison after serving approximately sixteen months in jail, and was classified as a level three offender. A level three offender is one that has a high risk of a repeat offense and is also considered a threat to public safety. Following his release, the offender, whose victims were eight and nine years old at the time the abuse took place, was permitted to reside next door to one of the victims of his abuse.
This legislation would prohibit a level two or three sex offender from residing within 1500 feet of the residence of the victim of their abuse in order to prevent instances such as the one detailed above from occurring. The victims and their families should not have to bear the burden or costs of moving because of the offender returning to the neighborhood. Additionally, the victims should not have to tolerate the emotional distress that coming into contact with, or being in the presence of their abuser, may cause.
Legislative history
New Bill.
FISCAL IMPLICATIONS None.
Effective date
This act shall take effect on the one hundred eightieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.