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

                                  7661

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Correction

AN ACT to amend the executive law and the penal law, in relation to  the
  requirement  for certain sex offenders who are on probation or parole,
  or conditionally released to  reside  certain  distances  from  school
  grounds

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

  Section 1. The executive law is amended by adding a new section  259-f
to read as follows:
  S  259-F.  CERTAIN  SEX OFFENDERS; RESIDENCE NEAR SCHOOL GROUNDS.  THE
COMMISSIONER, IN CONSULTATION WITH THE BOARD, DIRECTOR OF PROBATION  AND
CORRECTIONAL ALTERNATIVES AND COMMISSIONER OF CRIMINAL JUSTICE SERVICES,
SHALL  ESTABLISH  BY RULE A UNIFORM STANDARD FOR MEASURING AND ENFORCING
THE DISTANCE RESTRICTIONS FOR PROPOSED  RESIDENCES  FOR  REGISTERED  SEX
OFFENDERS  WHO  ARE  SUBJECT TO THE PROVISION OF SUBDIVISION FOURTEEN OF
SECTION TWO HUNDRED FIFTY-NINE-C OF THIS ARTICLE OR  SUBDIVISION  FOUR-A
OF  SECTION 65.10 OF THE PENAL LAW. SUCH STANDARD SHALL INCLUDE SPECIFIC
REQUIREMENTS AND THE METHODOLOGY FOR THE  ENFORCEMENT  OF  THE  DISTANCE
RESTRICTIONS  AND  SUCH STANDARD SHALL BE POSTED ON THE INTERNET WEBSITE
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 2. Subdivision 14 of section 220.00 of the penal law, as amended  by
chapter 292 of the laws of 1994, is amended to read as follows:
  14. "School grounds" means (a) in or on or within any building, struc-
ture,  athletic  playing  field, playground or land contained within the
real property boundary line of a public or private elementary,  parochi-
al,  intermediate,  junior  high, vocational, or high school, or (b) any
area accessible to the public located within one thousand  feet  of  the
real  property  boundary  line  comprising any such school or any parked
automobile or other parked vehicle located within one thousand  feet  of
the  real  property  boundary  line  comprising any such school. For the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-01-5
              

A. 7661                             2

purposes of this section an "area accessible to the public"  shall  mean
sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
rants.  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF SUBDIVISION FOURTEEN
OF  SECTION TWO HUNDRED FIFTY-NINE-C OF THE EXECUTIVE LAW OR SUBDIVISION
FOUR-A OF SECTION 65.10 OF THIS CHAPTER, SUCH ONE THOUSAND FOOT DISTANCE
SHALL BE MEASURED FROM THE CLOSEST POINT OF THE REAL  PROPERTY  BOUNDARY
LINE  OF  THE  SCHOOL  GROUNDS TO THE CLOSEST POINT OF THE REAL PROPERTY
BOUNDARY LINE OF THE RESIDENCE OF THE SEX OFFENDER.
  S 3. This act shall take effect immediately.