S2959-2013 Actions

• Jan 25, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2959-2013 Memo

BILL NUMBER:S2959

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  bill  would  prevent  convicted
level 1, 2, or 3 sex offenders from residing within 500 feet of a build-
ing used exclusively as an elementary or high school.

SUMMARY OF PROVISIONS:

Section  1:  Amends  Section  168-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 regis-
tered sex offenders who have already established a residence from chang-
ing 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 chil-
dren of the state and preventing them from becoming targets of  opportu-
nity  to  criminals who already have proven themselves a danger to chil-
dren.

LEGISLATIVE HISTORY:  S.4026 of 2012: Referred to Crime Victims, Crime &
Correction both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  The first of November next succeeding the date the bill
becomes law.

S2959-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2959
 2013-2014 Regular Sessions
 I N  SENATE
 January 25, 2013
 
 Introduced  by  Sen.  GOLDEN -- 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.
 LBD04254-01-3

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