NY State Senate Bill 2013-S5313

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to crime victims, crime and correction
May 16, 2013	referred to crime victims, crime and correction

2013-S5313 (ACTIVE) - Details

See Assembly Version of this Bill:: A5247
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5402
2011-2012: S3204, A3277, A8979
2015-2016: S4592, A2864
2017-2018: S2509, A7305
2019-2020: S2084
2021-2022: S2252
2023-2024: S2936

2013-S5313 (ACTIVE) - Summary

Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; a violation thereof shall be a class C felony.

2013-S5313 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5313

TITLE OF BILL:  An act to amend the correction law, in relation to
prohibiting certain sex offenders from residing near the boundaries of
any school

PURPOSE OR GENERAL IDEA OF BILL:  No designated sex offender shall
reside within one-thousand three hundred and fifty feet of the
boundaries of any school that works with, instructs or treats children
under the age of eighteen-year-old. However, no designated sex
offender shall reside within five hundred feet of the boundaries of
any school in a city having a population of one million or more.

SUMMARY OF SPECIFIC PROVISIONS:  Amends Section 168-W of the
Correction Law by placing certain restrictions on where a designated
sexual predator may establish a residence. "Designated sexual
predator" means any sex offender who was convicted of any sex offense
or sexually violent offense, where the victim of such offense was
under the age of eighteen years.

Under this section, designated sexual predators would be prohibited
from living within 1,350 feet of the grounds of any school, certified
day care center, or similar educational institution where children are
in daily attendance. These sex offenders are also prohibited from
living within 500 feet of a school, daycare, etc. in a city with a
population of one million or more, i.e. New York city.

Any designated sex offender who violates these terms shall be guilty
of a class c felony.

JUSTIFICATION:  This legislation is aimed at protecting innocent
children from designated sex offenders. Sex offenders have one of the
highest recidivism rates. I heard testimonies from many sexual
predators while I chaired several task forces geared to protect women
and children from sex predators. They may establish residences near
schools, day care centers, etc. in an effort to find new victims.
This behavior puts New York state's children at risk.

By prohibiting a designated sexual predator from living near schools
or educational institutions, New York can prevent sexual offenders
from preying on children and prevent these sexual predators from
having easy access to children.

The difference in the size of the residence restriction for New York
City is based on population density and the fact that there are more
schools per square mile in New York City than in other areas of the
State.

Ultimately, this will reduce the opportunity for sex offenders to
engage in further occurrences of heinous sex crimes against our
children. At the same time, individuals' rights are protected by
making this limitation part of an offender's parole, probation, or
conditional release.

PRIOR LEGISLATIVE HISTORY:  A.10298 of 2008 S.3204A of 2011/2012

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:  First of November next succeeding the date on which
it shall have become a law.

2013-S5313 (ACTIVE) - Bill Text download pdf

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

                                  5313

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 prohibiting certain
  sex offenders from residing near the boundaries of any school

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter  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. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND THREE HUNDRED  FIFTY  FEET
OF  THE  BOUNDARIES  OF  ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS
CHILDREN UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT  IN  A
CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE, NO DESIGNATED SEX
OFFENDER SHALL RESIDE WITHIN FIVE HUNDRED FEET OF THE BOUNDARIES OF  ANY
SCHOOL  THAT  WORKS  WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF
EIGHTEEN YEARS.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "BOUNDARIES OF ANY SCHOOL" MEANS IN, ON OR  WITHIN  ANY  BUILDING,
STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE  CENTER,  PUBLIC
OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,  JUNIOR HIGH, VOCATIONAL OR HIGH
SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE  IN  DAILY
ATTENDANCE.
  (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
  (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
VIOLATION OF SECTION 130.20, 130.25,  130.30,  130.35,  130.40,  130.45,
130.50,  130.55,  130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80
OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01452-01-3

S. 5313                             2

  (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
  3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S5313

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2013-S5313 (ACTIVE) - Details

2013-S5313 (ACTIVE) - Summary

2013-S5313 (ACTIVE) - Sponsor Memo

2013-S5313 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5313

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Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2013-S5313 (ACTIVE) - Details

2013-S5313 (ACTIVE) - Summary

2013-S5313 (ACTIVE) - Sponsor Memo

2013-S5313 (ACTIVE) - Bill Text download pdf

Comments