A8979-2011 Actions

• Jan 10, 2012: referred to correction

A8979-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8979
 I N  ASSEMBLY
 January 10, 2012
 
 Introduced  by  M. of A. TITONE, BENEDETTO, GABRYSZAK, GUNTHER, LANCMAN,
 MAISEL, WEISENBERG, GIBSON, ORTIZ, HOOPER, STEVENSON, TENNEY,  CASTEL
 LI, BRINDISI, CASTRO -- Multi-Sponsored by -- M. of A. ABBATE, BARRON,
 BOYLAND, BURLING, CORWIN, CROUCH, FINCH, GALEF, GIGLIO, MAGEE, MOLINA
 RO,  MURRAY, OAKS, RAIA, SWEENEY, TOBACCO -- read once and referred to
 the Committee on 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 ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 168-w of the correction law, as relettered by chap
 ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
 section 168-w is added to read as follows:

 

S 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.
 LBD07825-04-2
 
       A. 8979                             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 SUBDIVI
 SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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