S3457-2013 - NY Senate Open Legislation - Relates to authorizing the county of Niagara to pass local laws relating to prohibiting sex offenders in schools and day care centers

Authorizes the county of Niagara to pass local laws relating to prohibiting sex offenders in schools and day care centers.

Sponsor: MAZIARZ / Committee: CORRECTION
Law Section: Correction Law / Law: Rel S168-w to be S168-x, add S168-w, Cor L

S3457-2013 Actions

May 21, 2013: referred to correction
May 21, 2013: DELIVERED TO ASSEMBLY
May 21, 2013: PASSED SENATE
Mar 18, 2013: ADVANCED TO THIRD READING
Mar 14, 2013: 2ND REPORT CAL.
Mar 13, 2013: 1ST REPORT CAL.203
Feb 1, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S3457-2013 Meetings

Crime Victims, Crime and Correction: Mar 13, 2013

S3457-2013 Calendars

S3457-2013 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 13, 2013

Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Rivera
Ayes W/R (3): Montgomery, Hoylman, Peralta
Nays (1): Hassell-Thompson

VOTE: FLOOR VOTE: - May 21, 2013

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

S3457-2013 Memo

BILL NUMBER:S3457

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 prob-
lem. 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 classi-
fied 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.

S3457-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3457
 2013-2014 Regular Sessions
 I N  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 OF
 EXPLANATION--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.

S3457-2013: Relates to authorizing the county of Niagara to pass local laws relating to prohibiting sex offenders in schools and day care centers