What's happening
This bill prohibits level two and three sex offenders from living within 1,500 feet of their victim's residence, with violations classified as a felony.
Why it matters
Prioritizes victim safety and peace of mind. by legally preventing certain sex offenders from living close to their victims, aiming to reduce the risk of harassment, intimidation, or psychological trauma.
Imposes ongoing restrictions on offenders. the residential ban lasts as long as the offender remains classified as level two or three, potentially limiting housing options for years or even for life.
Includes limited exceptions and safeguards. If a victim moves near the offender (after the conviction), the offender isn't automatically at fault, and the law prohibits revealing victims’ addresses to offenders, protecting victim privacy.
Elevates the seriousness of violations. by classifying breaches as a class E felony, which can result in significant criminal penalties and further stigmatization for offenders who do not comply.
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Who cares
Level two and level three sex offenders
The bill would make knowingly living within 1,500 feet of their victim’s residence a class E felony for as long as they retain either classification.
Victims of sex offenses and sexually violent offenses
The bill would restrict where their offenders may live without requiring disclosure or notification of victims’ addresses to offenders.
Prosecutors and defense attorneys
The bill would create an affirmative defense when a victim establishes a residence within 1,500 feet of the offender’s residence after the offender’s conviction.
Headline styles
Ban Offenders Near Victims
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
2 Co-sponsors
History
- Referred 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.
Ban Sex Offenders Near Victims
In Assembly Committee · Correction · Sponsor Edward Braunstein
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1953
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SKOUFIS -- 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 restricting sex offenders from residing near the residence of their victim
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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. Level two and level three sex offender residence limitation; penalty. 1. It shall 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.
2. The residence prohibition established by subdivision one of this section shall remain in effect for as long as the offender is classified as a level two or three sex offender.
3. In any prosecution pursuant to this section, it shall 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.
4. No provision of this section shall be deemed to require the disclosure or notification of the address of any victim to a sex offender.
5. A sex offender who violates the provisions of subdivision one of this section shall be guilty of a class E felony.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02682-01-9
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 restricting sex offenders from residing near the residence of their victim
Purpose or general idea of bill
To restrict sex offenders from residing within 1500 feet of the resi- dence to their victim.
Summary of provisions
Section 1: 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.
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.
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 resi- dence within fifteen hundred feet of the sex offender's residence.
States that no provision of this section will require the disclosure or notification of the address of any victim to a sex offender.
States that a sex offender who violates the provisions of this law will be guilty of a class E felony.
Section 2: Effective Date
Justification
According to a report in the 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 occur- ring. The victims and their families should not have to bear the burden or costs of moving because of the offender returning to the neighbor- hood. Additionally, the victims should not have to tolerate the emotional distress that coming into contact with, or being in the pres- ence of their abuser, may cause.
Prior legislative history
2013-2014: A.90251 S.6778 - Referred to Correction.
2015-2016: A.752/S.2950 - Referred to Correction.
2017-2018: A.860/S.968 - 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.