S4026-2011 - NY Senate Open Legislation - Restricts a registered sex offender from residing within 500 feet of a school

Restricts a registered sex offender from residing within 500 feet of a school.

Sponsor: ZELDIN / Co-sponsor(s): FUSCHILLO, JOHNSON, KENNEDY, LARKIN, LIBOUS, MARTINS, MAZIARZ, RANZENHOFER, SEWARD / Committee: CRIME VICTIMS, CRIME AND CORRECTION
Law Section: Correction Law / Law: Amd SS168-c, 168-f & 168-k, Cor L

S4026-2011 Actions

Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 13, 2011: referred to correction
Jun 13, 2011: DELIVERED TO ASSEMBLY
Jun 13, 2011: PASSED SENATE
May 9, 2011: ADVANCED TO THIRD READING
May 4, 2011: 2ND REPORT CAL.
May 3, 2011: 1ST REPORT CAL.534
Mar 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S4026-2011 Meetings

Crime Victims, Crime and Correction: Mar 7, 2012, Crime Victims, Crime and Correction: May 3, 2011

S4026-2011 Calendars

Active List: Jun 13, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S4026-2011 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 3, 2011

Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (4): Rivera, Hassell-Thompson, Kruger, Peralta
Nays (1): Montgomery

VOTE: FLOOR VOTE: - Jun 13, 2011

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (5): Duane, Hassell-Thomps, Montgomery, Parker, Perkins

S4026-2011 Memo

BILL NUMBER:S4026

TITLE OF BILL:
An act
to amend the correction law, in relation to the residence of a sex
offender

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prevent convicted level 1, 2, or 3 sex offenders
from residing within 500 feet of a building used exclusively as an
elementary or high school.

SUMMARY OF PROVISIONS:
Section 1: Amends Section 16B-c of the correction law to prevent any
convicted sex offender who has been released or discharged from a
correctional facility, hospital, or local correctional facility or
placed on probation from residing within 500 feet of a building used
exclusively as an elementary or high school.

Section 2: Amends Section 168-f of the correction law to prevent
registered sex offenders who have already established a residence
from changing their place of residence to within 500 feet of a
building used exclusively as an elementary or high school.

Section 3: Amends Section 168-k of the correction law to prevent any
sex offender who has established residence within the state from
residing within 500 feet of a building used exclusively as an
elementary or high school.

Section 4: Contains the effective date

JUSTIFICATION:
This bill is designed to give children a further buffer from sexual
offenders by preventing already convicted offenders from residing
within 500 feet of a school. Studies have shown that recidivism rates
for sex offenders are higher than ninety percent. The enactment of
this bill is a necessary step towards ensuring the safety of the
children of the state and preventing them from becoming targets of
opportunity to criminals who already have proven themselves a danger
to children.

LEGISLATIVE HISTORY:
2010: A.7089 - Referred to Corrections.
2008: A.7247 - Referred to Corrections.
2006: A.5607 - Referred to Corrections.
2004: A.9800 - Referred to Corrections.
None in Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S4026-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4026
 2011-2012 Regular Sessions
 I N  SENATE
 March 14, 2011
 
 Introduced by Sens. ZELDIN, FUSCHILLO, JOHNSON, LARKIN, LIBOUS, MAZIARZ,
 SEWARD  --  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 the  residence  of  a
 sex offender
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 168-c of the correction law is amended by adding  a
 new subdivision 2-a to read as follows:

 2-A. NO SEX OFFENDER RELEASED OR DISCHARGED FROM A CORRECTIONAL FACIL
 ITY,  HOSPITAL  OR  LOCAL  CORRECTIONAL  FACILITY OR PLACED ON PROBATION
 SHALL RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING USED EXCLUSIVELY  AS
 A SCHOOL, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER
 OF    THE NEAREST ENTRANCE OF THE RESIDENCE TO THE CENTER OF THE NEAREST
 ENTRANCE OF SUCH SCHOOL.
 

S 2.

Section 168-f of the correction law is amended by  adding  a  new
 subdivision 4-a to read as follows:

 4-A.  A  SEX  OFFENDER,  AFTER HIS OR HER DISCHARGE, PAROLE OR RELEASE
 FROM ANY CORRECTIONAL FACILITY, HOSPITAL OR LOCAL FACILITY  OR  WHO  WAS
 PLACED ON PROBATION AND WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE
 SAID  RESIDENCE  SO  AS TO RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING
 USED EXCLUSIVELY AS A SCHOOL, THE MEASUREMENTS TO BE TAKEN  IN  STRAIGHT
 LINES  FROM  THE  CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
 CENTER OF THE NEAREST ENTRANCE OF SUCH SCHOOL.
 

S 3.

Section 168-k of the correction law is amended by  adding  a  new
 subdivision 5 to read as follows:

 5. A SEX OFFENDER WHO HAS ESTABLISHED RESIDENCE IN THIS STATE PURSUANT
 TO  THIS SECTION SHALL NOT RESIDE WITHIN FIVE HUNDRED FEET OF A BUILDING
 USED EXCLUSIVELY AS A SCHOOL, THE MEASUREMENTS TO BE TAKEN  IN  STRAIGHT
 LINES  FROM  THE  CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
 CENTER OF THE NEAREST ENTRANCE OF SUCH SCHOOL.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05093-01-1

S4026-2011: Restricts a registered sex offender from residing within 500 feet of a school