STATE OF NEW YORK
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968
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
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Introduced by Sens. MURPHY, AKSHAR, AVELLA, FUNKE, GALLIVAN, GOLDEN,
LARKIN, MARCHIONE, RANZENHOFER, SEWARD, VALESKY -- 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, 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:
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 limitation;
5 penalty. 1. It shall be unlawful for any level two or level three sex
6 offender to knowingly reside within fifteen hundred feet of the resi-
7 dence of a victim of his or her sex offense or sexually violent offense.
8 2. The residence prohibition established by subdivision one of this
9 section shall remain in effect for as long as the offender is classified
10 as a level two or three sex offender.
11 3. In any prosecution pursuant to this section, it shall be an affir-
12 mative defense that, after the sex offender's conviction of a sex
13 offense or sexually violent offense, the victim of such offense estab-
14 lished a residence within fifteen hundred feet of the sex offender's
15 residence.
16 4. No provision of this section shall be deemed to require the disclo-
17 sure or notification of the address of any victim to a sex offender.
18 5. A sex offender who violates the provisions of subdivision one of
19 this section shall be guilty of a class E felony.
20 § 2. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01693-01-7
