NY State Senate Bill 2023-S2936

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Jan 25, 2023	referred to crime victims, crime and correction

2023-S2936 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3204
2013-2014: S5313
2015-2016: S4592
2017-2018: S2509
2019-2020: S2084
2021-2022: S2252

2023-S2936 (ACTIVE) - Summary

Prohibits certain sex offenders from residing within 1,350 feet of school grounds, except that in cities having a population of one million or more, no such sex offender may reside within 500 feet of school grounds; establishes a violation thereof shall be a class C felony.

2023-S2936 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2936

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting certain
sex offenders from residing near the boundaries of any school

 
PURPOSE:

No designated sex offender shall reside within one-thousand three
hundred and fifty feet of the boundaries of any school that works with,
instructs, or treats children under the age of eighteen year-old. Howev-
er, no designated sex offender shall reside within five hundred feet of
the boundaries of any school in a city having a population of one
million or more.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 168-W of the Correction Law by placing certain
restrictions on where a designated sexual predator may establish a resi-
dence. "Designated sexual predator" means any sex offender who was

convicted of any sex offense or sexually violent offense, where the
victim of such offense was under the age of eighteen years.

Under this section, designated sexual predators would be prohibited from
living within 1,350 feet of the grounds of any school, certified daycare
center, or similar educational institution where children are in daily
attendance. These sex offenders are also prohibited from living within
500 feet of a school, daycare, etc. in a city with a population of one
million or more, i.e. New York city. Any designated sex offender who
violates these terms shall be guilty of a class c felony.

Section 2: Provides an effective date.

 
JUSTIFICATION:

This legislation is aimed at protecting innocent children from desig-
nated sex offenders. Sex offenders have one of the highest recidivism
rates. I heard testimonies from many sexual predators while I chaired
several task forces geared to protect women and children from sex preda-
tors. They may establish residences near schools, day care centers, etc.
in an effort to find new victims.

This behavior puts New York State's children at risk.

By prohibiting a designated sexual predator from living near schools or
educational institutions, New York can prevent sexual offenders from
preying on children and prevent these sexual predators from having easy
access to children.

The difference in the size of the residence restriction for New York
City is based on population density and the fact that there are more
schools per square mile in New York City than in other areas of the
State.

Ultimately, this will reduce the opportunity for sex offenders to engage
in further occurrences of heinous sex crimes against our children. At

the same time, individuals' rights are protected by making this limita-
tion part of an offender's parole, probation, or conditional release.

 
LEGISLATIVE HISTORY:

2021-2022: S.2252 referred to Crime Victims, Crime and Correction

2020-2019: S. 2084 referred to Crime Victims, Crime and Correction

2017-2018: S.2509 referred to Crime Victims, Crime and Correction

2015-2016: S.4592 referred to Crime Victims, Crime & Correction/A.2864
referred to Correction

2013-2014: S.5313 referred to Crime Victims, Crime & Correction/A.5247
referred to Correction

2011-2012: S.3204A referred to Rules/A.8979 referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
First of November next succeeding the date on which it shall have become
a law.

2023-S2936 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2936
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 prohibiting certain
   sex offenders from residing near the boundaries of 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 renumbered section 168-x and a new
 section 168-w is added to read as follows:
   § 168-W. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
 SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND THREE HUNDRED  FIFTY  FEET
 OF  THE  BOUNDARIES  OF  ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS
 CHILDREN UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT  IN  A
 CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE, NO DESIGNATED SEX
 OFFENDER SHALL RESIDE WITHIN FIVE HUNDRED FEET OF THE BOUNDARIES OF  ANY
 SCHOOL  THAT  WORKS  WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF
 EIGHTEEN YEARS.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) "BOUNDARIES OF ANY SCHOOL" MEANS IN, ON OR  WITHIN  ANY  BUILDING,
 STRUCTURE,  ATHLETIC  PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
 THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE  CENTER,  PUBLIC
 OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,  JUNIOR HIGH, VOCATIONAL OR HIGH
 SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE  IN  DAILY
 ATTENDANCE.
   (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
   (I)  CONVICTED  OF  THE  COMMISSION  OF  OR  AN  ATTEMPT TO COMMIT ANY
 VIOLATION OF SECTION 130.20, 130.25,  130.30,  130.35,  130.40,  130.45,
 130.50,  130.55,  130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80
 OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05385-01-3
 S. 2936                             2

 
   (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT  OFFENSE,  WHERE
 THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
   3.  ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S2936

Sponsored By

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

2023-S2936 (ACTIVE) - Details

2023-S2936 (ACTIVE) - Summary

2023-S2936 (ACTIVE) - Sponsor Memo

2023-S2936 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2936

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Sponsored By

Pamela Helming

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

2023-S2936 (ACTIVE) - Details

2023-S2936 (ACTIVE) - Summary

2023-S2936 (ACTIVE) - Sponsor Memo

2023-S2936 (ACTIVE) - Bill Text download pdf

Comments