BILL NUMBER: S3113

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: Section 168-w of the Correction Law is renumbered 169-x, and
a new section 168-w is added to place certain restrictions on where a
designated sexual predator may establish a residence.  "Designated sexu-
              

al 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:

2023-2024: S.2936 referred to Crime Victims, Crime and Correction

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: 5.5313 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.