What's happening
This bill increases residency restrictions, verification requirements, and penalties for certain sex offenders, including GPS monitoring for repeat violations.
Why it matters
Expands the definition of "residence" for sex offenders. to include any place where the individual spends more than three nights a week, and makes clear that a person can have multiple residences—closing potential loopholes for avoiding registration or monitoring.
Broadens the scope of restricted areas by defining "school grounds". very inclusively, covering not only schools but also licensed day care centers and similar educational institutions—potentially impacting housing options for offenders and reducing their proximity to children.
Imposes stricter penalties and enforcement mechanisms. , including felony charges for repeat violations of residency restrictions or false reporting, and mandates GPS monitoring for repeat violators—making noncompliance riskier and increasing state oversight.
Shifts financial responsibility for GPS monitoring onto offenders. , with a possible payment plan or waiver for those who cannot afford it—raising issues around the financial burden for offenders and the administrative complexity for courts.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Registered sex offenders covered by the residency restriction
The bill would bar them from living within 1,000 feet of school grounds, including licensed or registered day care centers, with felony penalties for violations.
Schools and day care centers
Their property boundaries would determine the exclusion zones for covered offenders’ residences, including places where offenders spend or intend to spend more than three nights a week.
- Watching
Agencies supervising sex offenders
They would have to attach location-transmitting devices to offenders found guilty of two or more violations of the penalty section and regularly and frequently monitor them throughout supervision.
- Watching
Sex offenders with repeat violations
They would face mandatory location monitoring during supervision and installation and maintenance costs, subject to a court-ordered payment plan or waiver for inability to pay.
Headline styles
Tighten Sex Offender Residency Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5613
2017-2018 Regular Sessions
IN ASSEMBLY
February 10, 2017
Introduced by M. of A. NORRIS -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the residency and verification requirements and penalties for certain sex offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-a of the correction law is amended by adding two new subdivisions 19 and 20 to read as follows:
19. "School grounds" means any building, structure, athletic playing field, playground or land contained within the real property boundary line or a licensed or registered day care center, public or private elementary, parochial, intermediate, junior high, vocational, or high school, or similar educational institution where children are in regular attendance.
20. "Residence" means any place of abode, domicile, or inhabitance where a convicted sex offender spends or intends to spend more than three nights a week. For purposes of this article, a person may have more than one residence.
§ 2. The section heading of section 168-e of the correction law, as added by chapter 192 of the laws of 1995, is amended and a new subdivision 3 is added to read as follows:
Discharge, parole, or release of sex offender [from correctional facility]; duties of official in charge.
3. No person required to register under the provisions of this article who has been convicted of or convicted for an attempt to commit any offense under section 255.25, article one hundred thirty or article two hundred sixty-three of the penal law or any other offenses defined in section one hundred sixty-eight-a of this article where the victim of such offense was a person under the age of eighteen and who is or has been discharged, paroled, released to post-release supervision or released from a state or local correctional facility, hospital or institution where he or she was confined or committed shall reside within one thousand feet of any school grounds as measured in straight lines from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09665-01-7
A. 5613 2
the center of the nearest point of ingress or egress of the residence to the nearest real property boundary line of the school grounds.
§ 3. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. 1. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony.
2. Any sex offender who violates the provisions of section one hundred sixty-eight-v 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.
3. Any sex offender who violates the provisions of subdivision three of section one hundred sixty-eight-e of this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony.
4. Any such failure to register [or], verify, or abide by residency restrictions may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
5. a. Notwithstanding any other provision of law to the contrary and in addition to any other penalty provided by this section, any sex offender found guilty of a violation of this section on two or more occasions shall be required to wear a location-transmitting device at all times for the duration of the period of probation, parole, conditional release or post-release supervision. The location-transmitting device shall be attached to the sex offender by the agency supervising the sex offender and such agency shall regularly and frequently monitor the information transmitted by the device.
b. The cost of installing and maintaining the location-transmitting device shall be borne by the person subject to such condition unless the court determines such person is financially unable to afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived. Such cost shall be considered a fine for the purposes of subdivision five of section 420.10 of the criminal procedure law. Such cost shall not replace, but shall instead be in addition to, any fines, surcharges, or other costs imposed pursuant to this chapter or other applicable laws.
c. Any sex offender who is required to wear a location-transmitting device pursuant to this subdivision who violates such requirement shall be guilty of a class D felony and such violation may be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
6. Any sex offender required to register or to verify pursuant to the provisions of this article who knowingly submits false information respecting his or her identity or residence in the course of completing his or her duty to register or to verify his or her residence pursuant to the provisions of this article shall be guilty of a class E felony.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.