S T A T E O F N E W Y O R K
________________________________________________________________________
5680
2013-2014 Regular Sessions
I N S E N A T E
June 4, 2013
___________
Introduced by Sen. MAZIARZ -- 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06748-01-3
S. 5680 2
the executive law or the basis for revocation of probation pursuant to
article four hundred ten of the criminal procedure law.
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.
