Bill Text: NY A00583 | 2021-2022 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A00583 Detail]

Download: New_York-2021-A00583-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           583

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  BRAUNSTEIN,  ZEBROWSKI, OTIS, FAHY, GUNTHER,
          GALEF, STECK, PERRY, STIRPE, BARRETT, JACOBSON, J. RIVERA, BRABENEC --
          Multi-Sponsored by -- M. of A. DiPIETRO, J. M. GIGLIO, GOODELL,  McDO-
          NOUGH,  PALMESANO,  RA  --  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.
                                                                   LBD03474-01-1