S T A T E   O F   N E W   Y O R K
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                                  3627

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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.
                                                           LBD02118-01-5

              

S. 3627                             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.