Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; also prohibits such offenders from attending or participating in school sponsored activities.
STATE OF NEW YORK
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6545
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
___________
Introduced by M. of A. BRINDISI, TITONE -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to restricting sex
offenders from residing near the residence of their victim or near any
school
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-w of the correction law, as relettered by chap-
2 ter 604 of the laws of 2005, is relettered section 168-x and a new
3 section 168-w is added to read as follows:
4 § 168-w. Level two and level three sex offender residence limitations;
5 penalty. 1. (a) It shall be unlawful for any level two or level three
6 sex offender to knowingly reside within fifteen hundred feet of the
7 residence of a victim of his or her sex offense or sexually violent
8 offense.
9 (b) The residence prohibition established by paragraph (a) of this
10 subdivision shall remain in effect for as long as the offender is clas-
11 sified as a level two or three sex offender.
12 (c) In any prosecution pursuant to this subdivision, it shall be an
13 affirmative defense that, after the sex offender's conviction of a sex
14 offense or sexually violent offense, the victim of such offense estab-
15 lished a residence within fifteen hundred feet of the sex offender's
16 residence.
17 (d) No provision of this subdivision shall be deemed to require the
18 disclosure or notification of the address of any victim to a sex offen-
19 der.
20 2. (a) It shall be unlawful for any level two or three sex offender to
21 knowingly reside or enter within one thousand five hundred feet of any
22 school grounds. For the purposes of this subdivision, "school grounds"
23 means any building, structure, athletic playing field, playground or
24 land contained within the real property line of a public or private
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07956-01-7
A. 6545 2
1 elementary, parochial, intermediate, junior high, vocational or high
2 school.
3 (b) It shall be unlawful for any level two or three sex offender to
4 knowingly attend or participate in any event or activity sponsored by a
5 public or private elementary, parochial, intermediate, junior high,
6 vocational or high school, regardless of whether such event or activity
7 is conducted upon school grounds.
8 (c) The prohibitions imposed by paragraphs (a) and (b) of this subdi-
9 vision shall remain in effect for as long as the sex offender is classi-
10 fied as a level two or three sex offender.
11 (d) In any prosecution pursuant to paragraph (a) of this subdivision,
12 it shall be an affirmative defense that:
13 (i) the sex offender resides within a facility operated by and is in
14 the custody of a local corrections department, a county sheriff, the
15 department, the office of children and family services or the office of
16 mental health;
17 (ii) the sex offender established his or her residence prior to the
18 effective date of this subdivision, or school grounds are established or
19 extended after the sex offender has established his or her residence;
20 (iii) the sex offender is under twenty-one years of age or a ward
21 under a guardianship; or
22 (iv) the sex offender's place of residence has been fixed by order of
23 a court of competent jurisdiction, or by any federal, state, county or
24 city agency having jurisdiction over the sex offender.
25 (e) Notwithstanding the provisions of paragraph (a) of this subdivi-
26 sion, a level two or three sex offender may enter upon and within one
27 thousand five hundred feet of school grounds for the limited purpose of
28 casting his or her ballot at his or her polling place, within such one
29 thousand five hundred feet area, in a special, primary or general
30 election for which the sex offender is registered to vote. The
31 provisions of this paragraph shall only apply to a sex offender who
32 provides not less than thirty days notice to the building principal of
33 the appropriate school, that such sex offender will be entering upon or
34 near school grounds for the purpose of voting. Such notice shall also
35 state the one hour period of time during which the sex offender will
36 cast his or her ballot, and the exemption granted by this paragraph
37 shall only apply to the sex offender during such one hour period of
38 time.
39 3. A sex offender who violates the provisions of this section shall be
40 guilty of a class E felony.
41 § 2. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law.
