S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2711
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by  Sens.  OBERACKER,  ASHBY,  BORRELLO,  GALLIVAN, MATTERA,
   PALUMBO -- 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 renumbered 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. 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 THEIR 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
 LAND  CONTAINED  WITHIN  THE  REAL  PROPERTY LINE OF A PUBLIC OR PRIVATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01833-01-5
              

 S. 2711                             2
 
 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 THEIR RESIDENCE PRIOR TO THE  EFFEC-
 TIVE  DATE  OF  THIS  SUBDIVISION,  OR SCHOOL GROUNDS ARE ESTABLISHED OR
 EXTENDED AFTER THE SEX OFFENDER HAS ESTABLISHED THEIR 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 THEIR BALLOT AT THEIR 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 THEIR 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.