Bill S534-2009

Restricts level three sex offenders from residing within one quarter mile of any school or licensed day care facility

Restricts level three sex offenders from residing within one quarter mile of any school or licensed day care facility; makes a violation of this provision a class E felony.

Details

Actions

  • Jan 6, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • May 5, 2009: REPORTED AND COMMITTED TO CODES
  • Apr 6, 2009: MOTION TO DISCHARGE FILED
  • Jan 7, 2009: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

 BILL NUMBER:  S534

TITLE OF BILL : An act to amend the correction law, in relation to restricting where level three sex offenders may reside

PURPOSE : To restrict level three sex offenders from residing within one-quarter mile of any school or licensed day care facility.

SUMMARY OF SPECIFIC PROVISIONS : Section 1: adds new section to the Correction Law. Section l68-w deals with level three sex offender residence limitations. Subdivision 1 makes it unlawful for any level three sex offender to reside within one-quarter mile or any public or private elementary, middle, high or nursery school, or licensed day care facility. Subdivision 2 states that no shelter or housing accommodation shall permit or cause the placement of any level three sex offender if the housing is located within one-quarter mile of any public or private elementary, middle, high or nursery school, or licensed day facility. Subdivision 3 states that the residence prohibitions shall remain in effect for the length of the level three sex offender's classification as such. Subdivision 4 states that any violation of this section will be a class E felony.

Section 2: sets the effective date on the first of November next succeeding the date on which this shall have become a law.

JUSTIFICATION : Offenses that would require an individual to register on the state's Sex Offender Registry include rape, sodomy, sexual abuse, sexual conduct against a child, patronizing a prostitute, incest, unlawful imprisonment and kidnapping. Level three sex offenders are categorized as the most dangerous of all sex offenders. Often times they have been convicted of the most heinous of sex crimes, such as sodomy and rape against young children. The State of New York has gone to great lengths to ensure that sex offenders register on the state's Sex Offender Registry. Further, the more serious the risk to the public, law enforcement has greater access to information regarding these offenders. Currently available to the public with a high-risk offender is an exact address, photograph, their crime of conviction, type of targeted victim and conditions of parole.

It is the responsibility of the state to protect our most vulnerable citizens. It is already common procedure for special conditions to be imposed on sex offenders. In addition, field officers routinely impose additional conditions such as curfew and travel restrictions to reduce the risk of recidivism. Special Offender Units have been developed specifically to supervise sex offenders using electronic monitoring and additional field contacts with offenders.

Nationwide, state legislatures continue to enhance penalties, supervision and restrictions for sex offenders, particularly those who victimize children. California enacted a law in July 2000 that would restrict sex offenders from living in nearby locations where children frequent.

This legislation is designed to close loopholes to protect our young people by distancing sex offenders from schools and giving communities the information that they need to protect their children.

PRIOR LEGISLATIVE HISTORY : 2007-2008 - Passed Senate

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 534 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. ALESI -- 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 restricting where level three sex offenders may reside 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. LEVEL THREE SEX OFFENDERS RESIDENCE LIMITATION; PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL THREE SEX OFFENDER TO RESIDE WITHIN ONE QUARTER MILE OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, HIGH, OR NURSERY SCHOOL; OR LICENSED DAY CARE FACILITY. 2. NO SHELTER OR HOUSING ACCOMMODATION SHALL PERMIT OR CAUSE THE PLACEMENT OF ANY LEVEL THREE SEX OFFENDER IF SUCH SHELTER OR HOUSING ACCOMMODATION IS WITHIN ONE QUARTER MILE OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, HIGH, OR NURSERY SCHOOL; OR LICENSED DAY CARE FACIL- ITY. 3. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED AS A LEVEL THREE SEX OFFENDER. 4. A SEX OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS E 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.

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