What's happening
This bill prohibits certain sex offenders from living near schools or daycares and makes violations a class C felony.
Why it matters
Expands legal restrictions on where certain sex offenders can live. , potentially forcing those affected to relocate and limiting their housing options, especially in densely populated areas with many schools or daycares.
Targets both those convicted of specific sex crimes and any sex offense involving a victim under 18. , creating a broader category of “designated sex offender” than some existing restrictions.
Imposes significant criminal penalties (class C felony) for violations. , drastically raising the stakes for non-compliance and potentially increasing incarceration rates for technical violations rather than new offenses.
Could have ripple effects on family members, housing providers, and communities. , as enforcement may result in displacement, housing instability, and challenges for social services in helping affected individuals reintegrate.
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Who cares
Headline styles
Keep Sex Offenders from Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2084
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. HELMING -- 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 prohibiting certain sex offenders from residing near the boundaries of any school
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 renumbered section 168-x and a new section 168-w is added to read as follows:
§ 168-w. Residence near school boundary; prohibition. 1. No designated sex offender shall reside within one thousand three hundred fifty feet of the boundaries of any school that works with, instructs or treats children under the age of eighteen years; provided, however, that in a city having a population of one million or more, no designated sex offender shall reside within five hundred feet of the boundaries of any school that works with, instructs or treats children under the age of eighteen years.
2. For the purposes of this section:
(a) "Boundaries of any school" means in, on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a certified day care center, public or private elementary, intermediate, junior high, vocational or high school, or similar educational institution where children are in daily attendance.
(b) "Designated sex offender" means any sex offender who was:
(i) convicted of the commission of or an attempt to commit any violation of section 130.20, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.55, 130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80 or 255.25 or article two hundred sixty-three of the penal law; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04836-01-9
S. 2084 2
(ii) convicted of any sex offense or sexually violent offense, where the victim of such offense was under the age of eighteen years.
3. Any designated sex offender who violates any provision of subdivision one of this section shall be guilty of a class C felony.
§ 2. 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.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to prohibiting certain sex offenders from residing near the boundaries of any school
Purpose
No designated sex offender shall reside within one-thousand three hundred and fifty feet of the boundaries of any school that works with, instructs or treats children under the age of eighteen-year-old. Howev- er, no designated sex offender shall reside within five hundred feet of the boundaries of any school in a city having a population of one million or more.
Summary of provisions
Amends Section 168-W of the Correction Law by placing certain restrictions on where a designated sexual predator may establish a resi- dence. "Designated sexual predator" means any sex offender who was convicted of any sex offense or sexually violent offense, where the victim of such offense was under the age of eighteen years.
Under this section, designated sexual predators would be prohibited from living within 1,350 feet of the grounds of any school, certified day care center, or similar educational institution where children are in daily attendance. These sex offenders are also prohibited from living within 500 feet of a school, daycare, etc. in a city with a population of one million or more, i.e. New York city. Any designated sex offender who violates these terms shall be guilty of a class c felony.
Justification
This legislation is aimed at protecting innocent children from desig- nated sex offenders. Sex offenders have one of the highest recidivism rates. I heard testimonies from many sexual predators while I chaired several task forces geared to protect women and children from sex preda- tors. They may establish residences near schools, day care centers, etc. in an effort to find new victims. This behavior puts New York State's children at risk.
By prohibiting a designated sexual predator from living near schools or educational institutions, New York can prevent sexual offenders from preying on children and prevent these sexual predators from having easy access to children.
The difference in the size of the residence restriction for New York City is based on population density and the fact that there are more schools per square mile in New York City than in other areas of the State.
Ultimately, this will reduce the opportunity for sex offenders to engage in further occurrences of heinous sex crimes against our children. At the same time, individuals' rights are protected by making this limita- tion part of an offender's parole, probation, or conditional release.
Prior legislative history
2017-2018: S.2509 referred to Crime Victims, Crime and Correction 2015-2016: S.4592 referred to Crime Victims, Crime & Correction/A.2864 referred to Correction 2013-2014: S.5313 referred to Crime Victims, Crime & Correction/A.5247 referred to Correction 2011-2012: S.3204A referred to Rules/A.8979 referred to Correction
Fiscal implications
None.
Effective date
First of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.