S T A T E   O F   N E W   Y O R K
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                                  2609

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced by Sens. SEWARD, FUNKE, ORTT, RITCHIE, VENDITTO -- 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 restricting sex
  offenders from residing near the residence of their victim or near 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. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATIONS;
PENALTY. 1. (A) IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO  OR  LEVEL  THREE
SEX  OFFENDER  TO  KNOWINGLY  RESIDE  WITHIN FIFTEEN HUNDRED FEET OF THE
RESIDENCE OF A VICTIM OF HIS OR HER  SEX  OFFENSE  OR  SEXUALLY  VIOLENT
OFFENSE.
  (B)  THE  RESIDENCE  PROHIBITION  ESTABLISHED BY PARAGRAPH (A) OF THIS
SUBDIVISION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS  CLAS-
SIFIED AS A LEVEL TWO OR THREE SEX OFFENDER.
  (C)  IN  ANY  PROSECUTION PURSUANT TO THIS SUBDIVISION, IT SHALL BE AN
AFFIRMATIVE DEFENSE THAT, AFTER THE SEX OFFENDER'S CONVICTION OF  A  SEX
OFFENSE  OR  SEXUALLY VIOLENT OFFENSE, THE VICTIM OF SUCH OFFENSE ESTAB-
LISHED A RESIDENCE WITHIN FIFTEEN HUNDRED FEET  OF  THE  SEX  OFFENDER'S
RESIDENCE.
  (D)  NO  PROVISION  OF THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE
DISCLOSURE OR NOTIFICATION OF THE ADDRESS OF ANY VICTIM TO A SEX  OFFEN-
DER.
  2. (A) IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR THREE SEX OFFENDER TO
KNOWINGLY  RESIDE  OR ENTER WITHIN ONE THOUSAND FIVE HUNDRED FEET OF ANY
SCHOOL GROUNDS. FOR THE PURPOSES OF THIS SUBDIVISION,  "SCHOOL  GROUNDS"
MEANS  ANY  BUILDING,  STRUCTURE,  ATHLETIC PLAYING FIELD, PLAYGROUND OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00584-02-5
              

S. 2609                             2

LAND CONTAINED WITHIN THE REAL PROPERTY LINE  OF  A  PUBLIC  OR  PRIVATE
ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL OR HIGH
SCHOOL.
  (B)  IT  SHALL  BE UNLAWFUL FOR ANY LEVEL TWO OR THREE SEX OFFENDER TO
KNOWINGLY ATTEND OR PARTICIPATE IN ANY EVENT OR ACTIVITY SPONSORED BY  A
PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,  INTERMEDIATE, JUNIOR HIGH,
VOCATIONAL OR HIGH SCHOOL, REGARDLESS OF WHETHER SUCH EVENT OR  ACTIVITY
IS CONDUCTED UPON SCHOOL GROUNDS.
  (C)  THE PROHIBITIONS IMPOSED BY PARAGRAPHS (A) AND (B) OF THIS SUBDI-
VISION SHALL REMAIN IN EFFECT FOR AS LONG AS THE SEX OFFENDER IS CLASSI-
FIED AS A LEVEL TWO OR THREE SEX OFFENDER.
  (D) IN ANY PROSECUTION PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,
IT SHALL BE AN AFFIRMATIVE DEFENSE THAT:
  (I)  THE  SEX OFFENDER RESIDES WITHIN A FACILITY OPERATED BY AND IS IN
THE CUSTODY OF A LOCAL CORRECTIONS DEPARTMENT,  A  COUNTY  SHERIFF,  THE
DEPARTMENT,  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE OFFICE OF
MENTAL HEALTH;
  (II) THE SEX OFFENDER ESTABLISHED HIS OR HER RESIDENCE  PRIOR  TO  THE
EFFECTIVE DATE OF THIS SUBDIVISION, OR SCHOOL GROUNDS ARE ESTABLISHED OR
EXTENDED AFTER THE SEX OFFENDER HAS ESTABLISHED HIS OR HER RESIDENCE;
  (III)  THE  SEX  OFFENDER  IS  UNDER TWENTY-ONE YEARS OF AGE OR A WARD
UNDER A GUARDIANSHIP; OR
  (IV) THE SEX OFFENDER'S PLACE OF RESIDENCE HAS BEEN FIXED BY ORDER  OF
A  COURT  OF COMPETENT JURISDICTION, OR BY ANY FEDERAL, STATE, COUNTY OR
CITY AGENCY HAVING JURISDICTION OVER THE SEX OFFENDER.
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  A  LEVEL  TWO OR THREE SEX OFFENDER MAY ENTER UPON AND WITHIN ONE
THOUSAND FIVE HUNDRED FEET OF SCHOOL GROUNDS FOR THE LIMITED PURPOSE  OF
CASTING  HIS  OR HER BALLOT AT HIS OR HER POLLING PLACE, WITHIN SUCH ONE
THOUSAND FIVE HUNDRED FEET  AREA,  IN  A  SPECIAL,  PRIMARY  OR  GENERAL
ELECTION  FOR  WHICH  THE  SEX  OFFENDER  IS  REGISTERED  TO  VOTE.  THE
PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY  TO  A  SEX  OFFENDER  WHO
PROVIDES  NOT  LESS THAN THIRTY DAYS NOTICE TO THE BUILDING PRINCIPAL OF
THE APPROPRIATE SCHOOL, THAT SUCH SEX OFFENDER WILL BE ENTERING UPON  OR
NEAR  SCHOOL  GROUNDS  FOR THE PURPOSE OF VOTING. SUCH NOTICE SHALL ALSO
STATE THE ONE HOUR PERIOD OF TIME DURING WHICH  THE  SEX  OFFENDER  WILL
CAST  HIS  OR  HER  BALLOT,  AND THE EXEMPTION GRANTED BY THIS PARAGRAPH
SHALL ONLY APPLY TO THE SEX OFFENDER DURING  SUCH  ONE  HOUR  PERIOD  OF
TIME.
  3. A SEX OFFENDER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A CLASS E FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.