Authorizes the county of Niagara to pass local laws relating to prohibiting sex offenders in schools and day care centers.
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Rivera
Ayes W/R (3): Montgomery, Hoylman, Peralta
Nays (1): Hassell-Thompson
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Hassell-Thomps
Excused (1): Parker
TITLE OF BILL: An act to amend the correction law, in relation to certain sex offenders in the county of Niagara
PURPOSE: To protect children of the state in the county of Niagara by prohibiting level 2 and level 3 sex offenders from being within 1500 feet of any school grounds or any facility where child day care is provided.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section to the correction law relating to the presence of certain sex offenders near schools and child care facilities. The new section authorizes the county of Niagara to prohibit level two and level three sex offenders from being within 1500 feet of any school grounds or child care facility.
Section 2 of the bill is the effective date.
JUSTIFICATION: Recently, the Niagara County Legislature identified the threat posed to children by convicted sex offenders as a serious problem. To that end, the Niagara County Legislature passed a resolution encouraging stronger restrictions on convicted sex offenders in order to Protect our children. Niagara County is not the only county in the state that is grappling with this problem. In fact, across the state, various municipalities and counties are taking proactive measures to protect their children from sexual predators by pursuing requirements in state and local laws to keep sex offenders away from children.
Currently, laws in New York only restrict individuals that are classified as level three sex offenders from knowingly entering upon school grounds. These laws do not address level two sex offenders. Further, there are insufficient restrictions in place relating to facilities that provide child day care.
This bill would address these problems in Niagara County. First, this legislation would authorize Niagara County to restrict both level two and three sex offenders from knowingly entering upon or within 1500 feet of any school grounds. Further, this bill would authorize Niagara County to restrict both level two and level three sex offenders from entering upon or within 1500 feet of any facility where child day care is provided. Lastly, this bill ensures further protection of children by requiring these restriction for the remainder of a sex offenders natural life.
LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3457 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. MAZIARZ -- 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 certain sex offenders in the county of Niagara 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. PRESENCE NEAR SCHOOL GROUNDS AND CHILD CARE FACILITIES; LIMI- TATIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COUNTY OF NIAGARA MAY ENACT A LOCAL LAW OR ORDINANCE TO PROHIBIT A DESIGNATED SEX OFFENDER, FOR THE REMAINDER OF HIS OR HER NATURAL LIFE, FROM KNOWINGLY ENTERING INTO, UPON OR WITHIN FIFTEEN HUNDRED FEET OF ANY SCHOOL GROUNDS OR CHILD CARE FACILITY WHILE ONE OR MORE PERSONS UNDER THE AGE OF EIGH- TEEN ARE PRESENT. 2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "DESIGNATED SEX OFFENDER" SHALL MEAN A PERSON THAT HAS BEEN: (I) DESIGNATED A LEVEL TWO OR LEVEL THREE SEX OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-1 OF THIS ARTICLE, OR (II) CONVICTED OF AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR (III) CONVICTED OF AN OFFENSE DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW, AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE. (B) "SCHOOL GROUNDS" SHALL MEAN SCHOOL GROUNDS AS THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW; AND (C) "CHILD CARE FACILITY" SHALL MEAN ANY FACILITY OR INSTITUTION PRIMARILY USED FOR THE CARE OR TREATMENT OF PERSONS UNDER THE AGE OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08420-01-3 S. 3457 2
EIGHTEEN, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDI- VISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED. S 2. This act shall take effect immediately.