STATE OF NEW YORK
________________________________________________________________________
1545
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
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Introduced by Sen. KENNEDY -- 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 municipal residency
restrictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. It is the sense of the legislature
2 that determinations regarding restrictions upon the residence of sex
3 offenders who are required to register pursuant to the provisions of
4 article 6-C of the correction law should be made by the local munici-
5 pality in which such offenders reside, subject to state set minimum
6 distance and a permissible maximum distance allowing state interests to
7 determine housing for registered sex offenders. Municipalities are in a
8 better position than the state to determine whether the restrictive
9 residential distance from a school grounds shall remain at one thousand
10 feet, or shall be expanded to up to one thousand five hundred feet.
11 § 2. Section 168-w of the correction law, as relettered by chapter 604
12 of the laws of 2005, is relettered section 168-x and a new section 168-w
13 is added to read as follows:
14 § 168-w. Municipal residency restrictions. Any municipality may enact
15 a local law which imposes residency restrictions upon sex offenders
16 required to register pursuant to this article, provided that such resi-
17 dency restrictions are no less restrictive than the requirements set
18 forth in paragraph (a) of subdivision four-a of section 65.10 of the
19 penal law and subdivision fourteen of section two hundred fifty-nine-c
20 of the executive law, and provided that such residency restrictions do
21 not exceed one thousand five hundred feet from a school grounds.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03995-01-9
