S3204A-2011 - NY Senate Open Legislation - Prohibits certain sex offenders from residing near school grounds

Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

Sponsor: NOZZOLIO / Co-sponsor(s): MAZIARZ, KENNEDY / Committee: RULES
Law Section: Correction Law / Law: Rel S168-w to be S168-x, add S168-w, Cor L

S3204A-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.436
Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Oct 17, 2011: PRINT NUMBER 3204A
Oct 17, 2011: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
Feb 11, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S3204A-2011 Meetings

Crime Victims, Crime and Correction: Mar 20, 2012

S3204A-2011 Calendars

S3204A-2011 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 20, 2012

Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta, Espaillat
Ayes W/R (1): Little
Nays (3): Rivera, Hassell-Thompson, Montgomery

S3204A-2011 Memo

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.

S3204A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3204--A
 2011-2012 Regular Sessions
 I N  SENATE
 February 11, 2011
 
 Introduced by Sens. NOZZOLIO, MAZIARZ -- read twice and ordered printed,
 and  when  printed  to be committed to the Committee on Crime Victims,
 Crime and Correction -- committee discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 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.
 LBD07825-02-1
        S. 3204--A                          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.

S3204A-2011: Prohibits certain sex offenders from residing near school grounds