BILL NUMBER:  S968

 TITLE OF BILL :

An act to amend the correction law, in relation to restricting sex
offenders from residing near the residence of their victim

 PURPOSE :

To restrict sex offenders from residing within 1500 feet of the
residence to their victim.

 SUMMARY OF PROVISIONS :

Section one adds section 168-w to Article 6-C of the correction law to
state that 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.

Subsection two states that the residence prohibition will be in effect
for as long as the offender is classified as a level two or three sex
offender.

Subsection three states that any prosecution pursuant to this, 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 established a residence within fifteen hundred feet of
the sex offender's residence.

Subsection four states that no provision of this section will require
the disclosure or notification of the address of any victim to a sex
offender.

Subsection five states that a sex offender who violates the provisions
of this law will be guilty of a class E felony.

Section two establishes the effective date.

 JUSTIFICATION :

According to a report in the Westchester County Journal News, in 2011,
a sex offender in Putnam County was released from prison after serving
approximately sixteen months in jail, and was classified as a level
three offender. A level three offender is one that has a high risk of
a repeat offense and is also considered a threat to public safety.

Following his release, the offender, whose victims were eight and nine
years old at the time the abuse took place, was permitted to reside
next door to one of the victims of his abuse.

This legislation would prohibit a level two or three sex offender from
residing within 1500 feet of the residence of the victim of their
abuse in order to prevent instances such as the one detailed above
from occurring. The victims and their families should not have to bear
the burden or costs of moving because of the offender returning to the
neighborhood. Additionally, the victims should not have to tolerate
the emotional distress that coming into contact with, or being in the
presence of their abuser, may cause.

 LEGISLATIVE HISTORY :

2015-2016: S.2950 - Passed Senate
2013-2014: A.9025/ S.6778 - Passed Senate

 FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
becomes law.