What's happening
This bill prohibits level two and three sex offenders from living near their victims or schools, and creates penalties for violations.
Why it matters
Expands restrictions on where level two and three sex offenders can live. , making it illegal for them to reside within 1,500 feet of their victim or any school grounds, which could significantly limit housing options for registrants and affect community planning.
Applies these restrictions for as long as the individual remains classified as a level two or three sex offender. , meaning potentially lifelong impact unless their risk level changes, raising questions about long-term reintegration and civil liberties.
Includes specific exemptions and affirmative defenses. (e.g., if the victim moves near the offender after their conviction, or if the offender’s residence predates new school boundaries), which may reduce unintended consequences but could also complicate enforcement and legal proceedings.
Makes violation of these residency and presence rules a class E felony. , increasing the potential for incarceration and further criminal penalties for non-compliance, which could contribute to higher rates of re-offending or destabilization among affected individuals.
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Who cares
Headline styles
Restrict Sex Offender Residences
Plain English, a few words. Used as the page title.
Sponsors
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
3932
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. SEWARD, AKSHAR, AMEDORE, ANTONACCI, GALLIVAN, HELM- ING, JORDAN, RANZENHOFER, TEDISCO -- 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 or near 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 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 limitations; penalty. 1. (a) 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.
(b) The residence prohibition established by paragraph (a) of this subdivision shall remain in effect for as long as the offender is classified as a level two or three sex offender.
(c) In any prosecution pursuant to this subdivision, 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.
(d) No provision of this subdivision shall be deemed to require the disclosure or notification of the address of any victim to a sex offender.
2. (a) It shall be unlawful for any level two or three sex offender to knowingly reside or enter within one thousand five hundred feet of any school grounds. For the purposes of this subdivision, "school grounds"
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09767-01-9
S. 3932 2
means any building, structure, athletic playing field, playground or land contained within the real property line of a public or private elementary, parochial, intermediate, junior high, vocational or high school.
(b) It shall be unlawful for any level two or three sex offender to knowingly attend or participate in any event or activity sponsored by a public or private elementary, parochial, intermediate, junior high, vocational or high school, regardless of whether such event or activity is conducted upon school grounds.
(c) The prohibitions imposed by paragraphs (a) and (b) of this subdivision shall remain in effect for as long as the sex offender is classified as a level two or three sex offender.
(d) In any prosecution pursuant to paragraph (a) of this subdivision, it shall be an affirmative defense that:
(i) the sex offender resides within a facility operated by and is in the custody of a local corrections department, a county sheriff, the department, the office of children and family services or the office of mental health;
(ii) the sex offender established his or her residence prior to the effective date of this subdivision, or school grounds are established or extended after the sex offender has established his or her residence;
(iii) the sex offender is under twenty-one years of age or a ward under a guardianship; or
(iv) the sex offender's place of residence has been fixed by order of a court of competent jurisdiction, or by any federal, state, county or city agency having jurisdiction over the sex offender.
(e) Notwithstanding the provisions of paragraph (a) of this subdivision, a level two or three sex offender may enter upon and within one thousand five hundred feet of school grounds for the limited purpose of casting his or her ballot at his or her polling place, within such one thousand five hundred feet area, in a special, primary or general election for which the sex offender is registered to vote. The provisions of this paragraph shall only apply to a sex offender who provides not less than thirty days notice to the building principal of the appropriate school, that such sex offender will be entering upon or near school grounds for the purpose of voting. Such notice shall also state the one hour period of time during which the sex offender will cast his or her ballot, and the exemption granted by this paragraph shall only apply to the sex offender during such one hour period of time.
3. A sex offender who violates the provisions 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.
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 or near any school
Purpose
To prevent sex offenders from knowingly living near their victims, entering or living near school grounds, and to prohibit attendance or participation in school events or activities.
Summary of provisions
Section 1 would prohibit level two and three sex offenders from residing within fifteen hundred feet of their victim; entering or residing within fifteen hundred feet of school grounds; and from attending or partic- ipating in school events or activities. These restrictions would apply for as long as a level two or three sex offender is so classified. Violations of this section would constitute a class E felony. Section 2 provides the effective date.
Justification
Currently, there is no state law prohibiting sex offenders from taking advantage of certain loopholes in efforts to shield our communities from repeat sex offenders. This bill would help close the gap by prohibiting attendance or participation in school events; living near victims; and entering or residing near school grounds.
Legislative history
S.2609/A.9258 - 2015-2016. S.3957/A.6545 - 2017-2018.
Fiscal implications
None to the state.
Effective date
One hundred eighty days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.