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S3925Senate2015-2016 SessionSame asA5812

Authorizes municipalities to establish residency restrictions for sex offenders required to register with the division of criminal justice services

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 55–6
  4. Ordered to third reading cal.1486
  5. Referred to rules
  6. Returned to senate
  7. Died in assembly
  8. Referred to correction
  9. Delivered to assembly
  10. Passed senateVote 55–4
  11. Ordered to third reading cal.107
  12. Referred to rules

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.

A5812Assembly

Authorizes municipalities to establish residency restrictions for sex offenders required to register with the division of criminal justice services

In Assembly Committee · Correction · Sponsor Edward Ra

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3925

Title of bill

An act to amend the correction law, in relation to authorizing municipalities to establish residency restrictions for sex offenders

Purpose

This bill would allow municipalities to enact restrictions on where registered sex offenders reside.

Summary of provisions

Section one of the bill clarifies the legislature's intent to allow municipalities to enact local laws regarding where registered sex offenders may reside.

Section two of the bill authorizes municipalities to impose residency restrictions upon registered sex offenders.

Justification

On February 17, 2015 the New York State Court of Appeals ruled in People v. Diack, overturning Nassau county Local Law 4-2006 which prohibited all registered sex offenders from residing within 1000 feet of a school. 2015 NY Slip Op 01376. The Court ruled that the extensive statutory scheme created by the legislature with respect to sex offenders and their management demonstrated an all encompassing legislative intent and the Nassau County local law was preempted by state law. Since the creation of the sex offender registry, many municipalities across the state have chosen to enact similar laws.

Municipalities are empowered to create local laws to respond to their particular needs, which naturally differ from community to community. Local laws designed to protect children against registered sex offenders, are enacted in response to unique conditions and concerns of specific communities and should act in complement with existing state law.

The enactment of this bill is necessary to allow municipalities to take in consideration local conditions and needs to protect residents.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.