NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3419
SPONSOR: Schimminger 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, play-
ground, 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.
STATE OF NEW YORK
________________________________________________________________________
3419
2013-2014 Regular Sessions
IN ASSEMBLY
January 25, 2013
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on 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:
1 Section 1. Section 168-b of the correction law is amended by adding a
2 new subdivision 13 to read as follows:
3 13. The division, when acknowledging initial registration and there-
4 after in annual correspondence, shall advise each sex offender to whom
5 the residency restriction in section one hundred sixty-eight-w of this
6 article applies, concerning the terms and specific duration of such
7 restriction.
8 § 2. Section 168-t of the correction law, as amended by chapter 373 of
9 the laws of 2007, is amended to read as follows:
10 § 168-t. Penalty. Any sex offender required to register or to verify
11 pursuant to the provisions of this article who fails to register or
12 verify in the manner and within the time periods provided for in this
13 article shall be guilty of a class E felony upon conviction for the
14 first offense, and upon conviction for a second or subsequent offense
15 shall be guilty of a class D felony. Any sex offender who violates the
16 provisions of section one hundred sixty-eight-v or subdivision one of
17 section one hundred sixty-eight-w of this article shall be guilty of a
18 class A misdemeanor upon conviction for the first offense, and upon
19 conviction for a second or subsequent offense shall be guilty of a class
20 D felony. Any such failure to register or verify may also be the basis
21 for revocation of parole pursuant to section two hundred fifty-nine-i of
22 the executive law or the basis for revocation of probation pursuant to
23 article four hundred ten of the criminal procedure law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06748-01-3
A. 3419 2
1 § 3. Section 168-w of the correction law, as relettered by chapter 604
2 of the laws of 2005, is relettered section 168-x and a new section 168-w
3 is added to read as follows:
4 § 168-w. Residency requirements for sex offenders. 1. No sex offender
5 shall reside in a residence that is within one thousand three hundred
6 fifty feet of any school building, playground, park or building in which
7 child day care is provided.
8 2. For purposes of this section, "school" shall mean a public or
9 private elementary, parochial, intermediate, junior high, vocational or
10 high school regularly used for instructional purposes.
11 3. The provisions of this section shall remain in effect for as long
12 as the offender is classified as a sex offender.
13 4. Nothing in this section shall be construed as restricting any
14 lawful condition that may be imposed on a sentenced sex offender.
15 § 4. Section 259-c of the executive law is amended by adding a new
16 subdivision 18 to read as follows:
17 18. when the provisions of section one hundred sixty-eight-w of the
18 correction law concerning certain restrictions on residence apply,
19 direct the division to notify the releasee of the restriction in writing
20 and direct the supervising parole officer to notify the releasee of such
21 restriction orally and in writing.
22 § 5. Section 65.10 of the penal law is amended by adding a new subdi-
23 vision 6 to read as follows:
24 6. Notice of residency requirements for sex offenders. When the
25 provisions of section one hundred sixty-eight-w of the correction law
26 concerning certain restrictions on residence apply, the court shall
27 notify the defendant of the restriction in writing and the supervising
28 probation officer shall notify the offender of the restriction orally
29 and in writing.
30 § 6. This act shall take effect on the sixtieth day after it shall
31 have become a law and shall apply to sex offenders convicted or released
32 on or after such date.
