Relates to sex offender residence limitation; restricts level two and three sex offenders from residing within 1,500 feet of their victims.
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Hoylman, Peralta, Rivera
Ayes W/R (1): Montgomery
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (3): Hassell-Thomps, Hoylman, Smith
TITLE OF BILL: An act to amend the correction law, in relation to restricting sex offenders from residing near the residence of their victim
PURPOSE: To restrict sex offenders from residing within 1500 feet of the residence to their victim.
SUMMARY OF PROVISIONS:
Section One - adds section 168-w to Section 168-w of the correction law to add that level two and level three sex offender residence limitation penalty will include that it will be unlawful for any level two or level three sex offender to knowingly reside within fifteen hundred feet of the residence of a victim of his or her sex offense or sexually violent offense.
Section One, subsection 2 - states that the residence prohibition will be in effect for as long as the offender is classified as a level two or three sex offender.
Section One, subsection 3 - states that any prosecution pursuant to this will be an affirmative defense that, after the sex offender's conviction of a sex offense or sexually violent offense, the victim of such offense established a residence within fifteen hundred feet of the sex offender's residence.
Section One, subsection 4 - states that no provision of this section will require the disclosure or notification of the address of any victim to a sex offender.
Section One, subsection 5 - states that a sex offender who violates the provisions of this law will be guilty of a class E felony.
Section Two - states this act shall take effect on the one hundred eightieth day after it becomes law.
JUSTIFICATION: According to a report in the Westchester County Journal News, in 2011, a sex offender in Putnam County was released from prison after serving approximately sixteen months in jail, and was classified as a level three offender. A level three offender is one that has a high risk of a repeat offense and is also considered a threat to public safety. Following his release, the offender, whose victims were eight and nine years old at the time the abuse took place, was permitted to reside next door to one of the victims of his abuse.
This legislation would prohibit a level two or three sex offender from residing within 1500 feet of the residence of the victim of their abuse in order to prevent instances such as the one detailed above from occurring. The victims and their families should not have to bear the burden or costs of moving because of the offender returning to the neighborhood. Additionally, the victims should not have to tolerate the emotional distress that coming into contact with, or being in the presence of their abuser, may cause.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS None.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ S. 6778--A A. 9025--A S E N A T E - A S S E M B L Y March 10, 2014 ___________IN SENATE -- Introduced by Sens. BALL, AVELLA, BONACIC, DILAN, GOLDEN, LARKIN, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered print- ed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. BRAUNSTEIN, SALADINO, SIMANOWITZ, MOSLEY, CRESPO, RIVERA, ZEBROWSKI, OTIS, CAMARA, FAHY, SKOUFIS, GUNTHER, SCHIMMINGER, KEARNS, GALEF -- Multi-Sponsored by -- M. of A. HIKIND -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to restricting sex offenders from residing near the residence of their victim 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 TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION; PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR LEVEL THREE SEX OFFENDER TO KNOWINGLY RESIDE WITHIN FIFTEEN HUNDRED FEET OF THE RESI- DENCE OF A VICTIM OF HIS OR HER SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE. 2. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED AS A LEVEL TWO OR THREE SEX OFFENDER. 3. IN ANY PROSECUTION PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIR- MATIVE DEFENSE THAT, AFTER THE SEX OFFENDER'S CONVICTION OF A SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH OFFENSE ESTAB- LISHED A RESIDENCE WITHIN FIFTEEN HUNDRED FEET OF THE SEX OFFENDER'S RESIDENCE. 4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO REQUIRE THE DISCLO- SURE OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX OFFENDER.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14163-05-4 S. 6778--A 2 A. 9025--A
5. 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 one hundred eightieth day after it shall have become a law.