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S2950Senate2015-2016 SessionSame asA752

Relates to sex offender residence limitation

Status
In Assembly Committee
Correction
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Correction

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History

  1. Referred to correction
  2. Delivered to assembly
  3. Passed senateVote 55–2
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.712
  7. Referred to crime victims, crime and correction
  8. Returned to senate
  9. Died in assembly
  10. Referred to correction
  11. Delivered to assembly
  12. Passed senateVote 58–1
Show 3 earlier actions
  1. Ordered to third reading cal.102
  2. Committee discharged and committed to rules
  3. 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.

A752Assembly

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:S2950

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 Article 6-C of the correction law to add that level two and level three sex offender residence limitation penally 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

2013-2014: A.9025/ S.6778 - Referred to Correction.

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.