Bill Text: NY A00432 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to sex offender residence limitation; restricts level two and three sex offenders from residing within 1,500 feet of their victims.

Spectrum: Slight Partisan Bill (Democrat 16-10)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A00432 Detail]

Download: New_York-2019-A00432-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           432
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of A. BRAUNSTEIN, MOSLEY, CRESPO, RIVERA, ZEBROWSKI,
          OTIS,  FAHY,  GUNTHER,  SCHIMMINGER,  GALEF,  STECK,  PERRY,   STIRPE,
          BARRETT,  BRABENEC, BUCHWALD -- Multi-Sponsored by -- M. of A. CROUCH,
          DiPIETRO, FINCH, GIGLIO, GOODELL, McDONOUGH, PALMESANO,  RA,  RAIA  --
          read once and referred to the Committee on Correction
        AN  ACT  to  amend  the  correction  law, in relation to restricting sex
          offenders from residing near the residence of their victim
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 168-w of the correction law, as relettered by chap-
     2  ter  604  of  the  laws  of  2005, is relettered section 168-x and a new
     3  section 168-w is added to read as follows:
     4    § 168-w. Level two and level three sex offender residence  limitation;
     5  penalty.  1.  It  shall be unlawful for any level two or level three sex
     6  offender to knowingly reside within fifteen hundred feet  of  the  resi-
     7  dence of a victim of his or her sex offense or sexually violent offense.
     8    2.  The  residence  prohibition established by subdivision one of this
     9  section shall remain in effect for as long as the offender is classified
    10  as a level two or three sex offender.
    11    3. In any prosecution pursuant to this section, it shall be an  affir-
    12  mative  defense  that,  after  the  sex  offender's  conviction of a sex
    13  offense or sexually violent offense, the victim of such  offense  estab-
    14  lished  a  residence  within  fifteen hundred feet of the sex offender's
    15  residence.
    16    4. No provision of this section shall be deemed to require the disclo-
    17  sure or notification of the address of any victim to a sex offender.
    18    5. A sex offender who violates the provisions of  subdivision  one  of
    19  this section shall be guilty of a class E felony.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02682-01-9
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