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A07431 Summary:

BILL NOA07431
 
SAME ASSAME AS S02312
 
SPONSORHawley
 
COSPNSRMcDonough, Sempolinski, DeStefano, Molitor, Brown K
 
MLTSPNSR
 
Amd §§168-b & 168-t, rel §168-w to be §168-x, add §168-w, Cor L; amd §259-c, Exec L; amd §65.10, Pen L
 
Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.
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A07431 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7431
 
SPONSOR: Hawley
  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 OR GENERAL IDEA OF 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 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, playground, 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: A5763 - 01/05/22 referred to correction   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   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 a date.
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A07431 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7431
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 27, 2025
                                       ___________
 
        Introduced by M. of A. HAWLEY -- 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.
                                                                   LBD03649-01-5

        A. 7431                             2
 
     1    § 3. Section 168-w of the correction law, as renumbered by chapter 604
     2  of the laws of 2005, is renumbered 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.
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