S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3957
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced by Sens. SEWARD, AMEDORE, CROCI, FUNKE, GOLDEN, ORTT, RITCHIE
   -- 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:
   § 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.
              

                                                            LBD07956-01-7

 S. 3957                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.