Bill S5680-2013

Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided

Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 11, 2013: referred to correction
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ORDERED TO THIRD READING CAL.1213
  • Jun 10, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 4, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

Memo

BILL NUMBER:S5680

TITLE OF BILL: An act to amend the correction law, the executive law and the penal law, in relation to prohibiting sex offenders from living within a quarter mile of any school, park, playground or building in which child day care is provided

PURPOSE OF THE BILL: This legislation would prohibit any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.

SUMMARY OF SPECIFIC PROVISIONS: Amends various sections of law to require that registered sex offenders shall be prohibited from living within 1,350 feet, or a quarter mile, from any school building, playground, park or building in which child day care is provided.

JUSTIFICATION: In 2007, the North Tonawanda Common Council passed a local law barring sex offenders from living within 1,350 feet or 1/4 of a mile of any property where children frequent. Such properties include but are not limited to, schools, daycares and playgrounds. In an effort to continue to protect the citizens and children of the State the radius within which sex offenders are prohibited from residing would be expanded to 1/4 mile.

PRIOR LEGISLATIVE HISTORY: 2011-2012: A.8670

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law and shall apply to sex offenders convicted or released on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5680 2013-2014 Regular Sessions IN SENATE June 4, 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, the executive law and the penal law, in relation to prohibiting sex offenders from living within a quarter mile of any school, park, playground or building in which child day care is provided THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-b of the correction law is amended by adding a new subdivision 13 to read as follows: 13. THE DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION AND THERE- AFTER IN ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER TO WHOM THE RESIDENCY RESTRICTION IN SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE APPLIES, CONCERNING THE TERMS AND SPECIFIC DURATION OF SUCH RESTRICTION. S 2. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows: S 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-v OR SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-W of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of
the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law. S 3. Section 168-w of the correction law, as relettered by chapter 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. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE THOUSAND THREE HUNDRED FIFTY FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR BUILDING IN WHICH CHILD DAY CARE IS PROVIDED. 2. FOR PURPOSES OF THIS SECTION, "SCHOOL" SHALL MEAN A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL REGULARLY USED FOR INSTRUCTIONAL PURPOSES. 3. THE PROVISIONS OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED AS A SEX OFFENDER. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS RESTRICTING ANY LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER. S 4. Section 259-c of the executive law is amended by adding a new subdivision 18 to read as follows: 18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF THE CORRECTION LAW CONCERNING CERTAIN RESTRICTIONS ON RESIDENCE APPLY, DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH RESTRICTION ORALLY AND IN WRITING. S 5. Section 65.10 of the penal law is amended by adding a new subdi- vision 6 to read as follows: 6. NOTICE OF RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. WHEN THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF THE CORRECTION LAW CONCERNING CERTAIN RESTRICTIONS ON RESIDENCE APPLY, THE COURT SHALL NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND THE SUPERVISING PROBATION OFFICER SHALL NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY AND IN WRITING. S 6. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to sex offenders convicted or released on or after such date.

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