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BILL NUMBER:S3204

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 OR GENERAL IDEA OF BILL: No designated sex offender shall reside within one-thousand feet of the boundaries of any school that works with, instructs or treats children under the age of eighteen-year-old. However, 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 SPECIFIC PROVISIONS: Amends Section 168-W of the Correction Law by placing certain restrictions on where a designated sexual predator may establish a residence. "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 1,000 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 designated 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 predators. 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 limitation part of an offender's parole, probation, or conditional release.

 PRIOR LEGISLATIVE HISTORY: A.10298 of 2008

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

3204

2011-2012 Regular Sessions

IN SENATE

February 11, 2011
___________

Introduced  by Sen. NOZZOLIO -- 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  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 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
  (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07825-01-1
S. 3204                             2

  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.