Bill Text: NY S01773 | 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: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01773 Detail]

Download: New_York-2021-S01773-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1773

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 15, 2021
                                       ___________

        Introduced  by  Sens.  SKOUFIS, BIAGGI, KAPLAN -- 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

          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