NY State Senate Bill 2019-S1389

Senate Bill S1389

2019-2020 Legislative Session

Authorizes municipalities to establish residency restrictions for sex offenders required to register with the division of criminal justice services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 14, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S1389 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Redes §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3925
2017-2018: S2178

2019-S1389 (ACTIVE) - Summary

Authorizes municipalities to establish residency restrictions for sex offenders required to register with the division of criminal justice services.

2019-S1389 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1389

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the correction law, in relation to authorizing munici-
palities to establish residency restrictions for sex offenders

 
PURPOSE:

This bill would allow municipalities to enact restrictions on where
registered sex offenders reside.

 
SUMMARY OF PROVISIONS:

Section one of the bill clarifies the legislature's intent to allow
municipalities to enact local laws regarding where registered sex offen-
ders may reside.

Section two of the bill authorizes municipalities to impose residency
restrictions upon registered sex offenders.

 
JUSTIFICATION:

On February 17, 2015 the New York State Court of Appeals ruled in People
v. Diack, overturning Nassau county Local Law 4-2006 which prohibited
all registered sex offenders from residing within 1000 feet of a school.
2015 NY Slip Op 01376. The Court ruled that the extensive statutory
scheme created by the legislature with respect to sex offenders and
their management demonstrated an all encompassing legislative intent and
the Nassau County local law was preempted by state law. Since the
creation of the sex offender registry, many municipalities across the
state have chosen to enact similar laws.

Municipalities are empowered to create local laws to respond to their
particular needs, which naturally differ from community to community.
Local laws designed to protect children against registered sex offen-
ders, are enacted in response to unique conditions and concerns of
specific communities and should act in complement with existing state
law.

The enactment of this bill is necessary to allow municipalities to take
in consideration local conditions and needs to protect residents.

 
LEGISLATIVE HISTORY:

S3925 - Passed the Senate in 2015, 2016.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1389 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1389
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 authorizing munici-
   palities to establish residency restrictions for sex offenders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings. It is the sense of the legislature
 that determinations regarding restrictions upon  the  residence  of  sex
 offenders  who  are  required  to register pursuant to the provisions of
 article 6-C of the correction law should be made by  the  local  munici-
 pality  in  which  such  offenders  reside since municipalities are in a
 better position than the state, after taking  into  consideration  local
 conditions  and  after  determining  what entities with vulnerable popu-
 lations would require protection from registered sex offenders, to  make
 such determinations.
   § 2. 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:
   § 168-W. MUNICIPAL RESIDENCY RESTRICTIONS.  ANY MUNICIPALITY MAY ENACT
 A  LOCAL  LAW  WHICH  IMPOSES  RESIDENCY RESTRICTIONS UPON SEX OFFENDERS
 REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH  RESI-
 DENCY  RESTRICTIONS  ARE  NO  LESS RESTRICTIVE THAN THE REQUIREMENTS SET
 FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR-A OF  SECTION  65.10  OF  THE
 PENAL  LAW  AND SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED FIFTY-NINE-C
 OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07110-01-9

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Senate Bill S1389

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Sponsored By

Rich Funke