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S1389Senate2019-2020 Session

Let Towns Restrict Sex Offenders

Official title

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

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill allows New York municipalities to establish local residency restrictions for registered sex offenders, provided they meet minimum state requirements.

Why it matters

  1. Empowers local governments to respond to community-specific concerns. by letting cities, towns, and villages set their own rules for where registered sex offenders can live—potentially tailoring policies to protect vulnerable populations and account for unique local conditions.

  2. Creates the potential for significant variation across the state. in how sex offender residency is regulated, which could affect where registrants are able to reside and may lead to “patchwork” restrictions that differ widely from one municipality to another.

  3. Requires that local restrictions are at least as strict as existing state minimums. , ensuring a baseline of protection while allowing communities to go further if they feel it’s necessary for local safety.

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Who cares

Headline styles

Let Towns Restrict Sex Offenders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

History

  1. Referred to crime victims, crime and correction
  2. Referred to crime victims, crime and correction

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1389

2019-2020 Regular Sessions

IN SENATE

January 14, 2019

Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. It is the sense of the legislature that determinations regarding restrictions upon the residence of sex offenders who are required to register pursuant to the provisions of article 6-C of the correction law should be made by the local municipality in which such offenders reside since municipalities are in a better position than the state, after taking into consideration local conditions and after determining what entities with vulnerable populations would require protection from registered sex offenders, to make such determinations.

§ 2. 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 to read as follows:

§ 168-w. Municipal residency restrictions. Any municipality may enact a local law which imposes residency restrictions upon sex offenders required to register pursuant to this article, provided that such residency restrictions are no less restrictive than the requirements set forth in paragraph (a) of subdivision four-a of section 65.10 of the penal law and subdivision fourteen of section two hundred fifty-nine-c of the executive law.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07110-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the correction law, in relation to authorizing munici- palities 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 offen- ders 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 offen- ders, 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

S3925 - Passed the Senate in 2015, 2016.

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.