S T A T E   O F   N E W   Y O R K
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                                  8670

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 27, 2011
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- 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:

  Section  1. Section 168-b of the correction law is amended by adding a
new subdivision 13 to read as follows:
  13. THE DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION  AND  THERE-
AFTER  IN  ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER TO WHOM
THE RESIDENCY RESTRICTION IN SECTION ONE HUNDRED SIXTY-EIGHT-W  OF  THIS
ARTICLE  APPLIES,  CONCERNING  THE  TERMS  AND SPECIFIC DURATION OF SUCH
RESTRICTION.
  S 2. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender required to register or  to  verify
pursuant  to  the  provisions  of  this article who fails to register or
verify in the manner and within the time periods provided  for  in  this
article  shall  be  guilty  of  a class E felony upon conviction for the
first offense, and upon conviction for a second  or  subsequent  offense
shall  be  guilty of a class D felony. Any sex offender who violates the
provisions of section one hundred sixty-eight-v OR  SUBDIVISION  ONE  OF
SECTION  ONE  HUNDRED SIXTY-EIGHT-W of this article shall be guilty of a
class A misdemeanor upon conviction for  the  first  offense,  and  upon
conviction for a second or subsequent offense shall be guilty of a class
D  felony.  Any such failure to register or verify may also be the basis
for revocation of parole pursuant to section two hundred fifty-nine-i of
the executive law or the basis for revocation of probation  pursuant  to
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.
                                                           LBD13536-01-1
              

A. 8670                             2

  S 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S  168-W. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE  THOUSAND  THREE  HUNDRED
FIFTY FEET OF ANY SCHOOL BUILDING, PLAYGROUND, PARK OR BUILDING IN WHICH
CHILD DAY CARE IS PROVIDED.
  2.  FOR  PURPOSES  OF  THIS  SECTION,  "SCHOOL" SHALL MEAN A PUBLIC OR
PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL  OR
HIGH SCHOOL REGULARLY USED FOR INSTRUCTIONAL PURPOSES.
  3.  THE  PROVISIONS OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG
AS THE OFFENDER IS CLASSIFIED AS A SEX OFFENDER.
  4. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
  S  4.  Section  259-c  of the executive law is amended by adding a new
subdivision 18 to read as follows:
  18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-EIGHT-W  OF  THE
CORRECTION  LAW  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE APPLY,
DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING
AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH
RESTRICTION ORALLY AND IN WRITING.
  S 5. Section 65.10 of the penal law is amended by adding a new  subdi-
vision 6 to read as follows:
  6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX  OFFENDERS. WHEN THE
PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF  THE  CORRECTION  LAW
CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE  APPLY, THE COURT SHALL
NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND  THE  SUPERVISING
PROBATION  OFFICER  SHALL  NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY
AND IN WRITING.
  S 6. 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 date.