Bill S4026-2011

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.

Details

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

Meetings

Calendars

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4026 2011-2012 Regular Sessions IN 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.

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