Amd §§168-h & 168-o, rel §168-w to be §168-x, add §168-w, Cor L
Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8503A
SPONSOR: Murray (MS) TITLE OF BILL:
An act to amend the correction law, in relation to sex offender regis-
tration and residency restrictions
PURPOSE:
The purpose of this bill is to extend the requirement of level one sex
offenders to register as a sex offender from twenty years to thirty
years. This bill will also allow local governments to place reasonable
restrictions on where a sex offender is permitted to live.
SUMMARY OF PROVISIONS:
Section 1 of this bill would require level one sex offenders who have
committed, or attempted to commit a certain sex offenses be required to
maintain their sex offender status for a terms of thirty years.
Section 2 of this bill would allow certain level one sex offenders to
apply to be removed from the sex offender registry if they can prove by
clear and convincing evidence that they are no longer a threat to public
safety.
Section 3 limits local governments to ensure that it does not require a
sex offender to live beyond one thousand feet from public, private and
charter schools; do not require a sex offender to live beyond a quarter
mile from the workplace and residence of any registrant's victim or
victims; and do not require a sex offender to live beyond a quarter mile
from the residence of a deceased victim, if the family of the victim
continues to reside at that residence.
Section 4 is the effective date.
JUSTIFICATION:
Currently, level one sex offenders are only required to register as a
sex-offender for twenty years. Because this legislation was passed and
placed into effect twenty years ago, many sex offenders will be coming
off the sex offender registry beginning in 2016. Many times, level one
sex offenders are sexual predators, sexually violent offenders, or pred-
icate sex offenders and receive level one sex offender status as part of
a plea bargain. This bill would extend the requirement to register as a
sex offender to thirty years, therefore requiring level one offenders to
register for ten more years. There was a recent study released that
shows that recidivism rates were the highest at the twenty year mark,
which warrants them remaining on the registry for an extended period.
This bill also permits level one sex offenders who are not sexual preda-
tors, sexually violent, or predicate sex offenders the ability to apply
to come of the registry if they can prove by clear and convincing
evidence that they are no longer a threat to society.
The New York State Court of Appeals has recently overturned all local
laws relating to where a registered sex offender can live for the reason
that such laws were too restrictive. This bill would allow local govern-
ment to place reasonable restrictions on where a sex offender can live,
and ensures that such laws are not making it impossible for a sex offen-
der to live in the country.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
