S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1300--A

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   January 28, 2009
                                      ___________

       Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Crime Victims,  Crime
         and   Correction   --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the correction law, the executive law and the penal law,
         in relation to certain residency requirements for sex offenders

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 168-b of the correction law is amended by adding a
    2  new subdivision 12 to read as follows:
    3    12. THE DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION  AND  THERE-
    4  AFTER  IN  ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER TO WHOM
    5  THE RESIDENCY RESTRICTION IN SECTION ONE HUNDRED SIXTY-EIGHT-W  OF  THIS
    6  ARTICLE  APPLIES,  CONCERNING  THE  TERMS  AND SPECIFIC DURATION OF SUCH
    7  RESTRICTION.
    8    S 2. Section 168-t of the correction law, as amended by chapter 373 of
    9  the laws of 2007, is amended to read as follows:
   10    S 168-t. Penalty. Any sex offender required to register or  to  verify
   11  pursuant  to  the  provisions  of  this article who fails to register or
   12  verify in the manner and within the time periods provided  for  in  this
   13  article  shall  be  guilty  of  a class E felony upon conviction for the
   14  first offense, and upon conviction for a second  or  subsequent  offense
   15  shall  be  guilty of a class D felony. Any sex offender who violates the
   16  provisions of section one hundred sixty-eight-v of this article shall be
   17  guilty of a class A misdemeanor upon conviction for the  first  offense,
   18  and  upon  conviction for a second or subsequent offense shall be guilty
   19  of a class D felony.  ANY SEX OFFENDER WHO VIOLATES  THE  PROVISIONS  OF
   20  SUBDIVISION  ONE  OF  SECTION  ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE
   21  SHALL BE GUILTY OF A CLASS E FELONY. Any such  failure  to  register  or
   22  verify  may  also  be  the  basis  for  revocation of parole pursuant to
   23  section two hundred fifty-nine-i of the executive law or the  basis  for

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07465-04-9
       S. 1300--A                          2

    1  revocation  of  probation  pursuant  to  article four hundred ten of the
    2  criminal procedure law.
    3    S 3. Section 168-w of the correction law, as relettered by chapter 604
    4  of the laws of 2005, is relettered section 168-x and a new section 168-w
    5  is added to read as follows:
    6    S  168-W. RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. 1. NO SEX OFFENDER
    7  SHALL RESIDE IN A RESIDENCE THAT IS WITHIN ONE-QUARTER OF A MILE OF  ANY
    8  SCHOOL BUILDING REGULARLY USED FOR INSTRUCTIONAL PURPOSES, A BUILDING IN
    9  WHICH  CHILD  DAY  CARE  IS  PROVIDED, A LICENSED DAY CARE FACILITY OR A
   10  PARK. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY FOR THE GREATER  OF
   11  TEN  YEARS  OR  THE  PERIOD  OR  TERM  OF PROBATION, PAROLE, CONDITIONAL
   12  RELEASE OR POST-RELEASE SUPERVISION APPLICABLE TO SUCH OFFENSE.
   13    2. FOR PURPOSES OF THIS SECTION,  "SCHOOL"  SHALL  MEAN  A  PUBLIC  OR
   14  PRIVATE  ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR
   15  HIGH SCHOOL.
   16    3. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  RESTRICTING  ANY
   17  LAWFUL CONDITION THAT MAY BE IMPOSED ON A SENTENCED SEX OFFENDER.
   18    S  4.  Section  259-c  of the executive law is amended by adding a new
   19  subdivision 18 to read as follows:
   20    18. WHEN THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-EIGHT-W  OF  THE
   21  CORRECTION  LAW  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE APPLY,
   22  DIRECT THE DIVISION TO NOTIFY THE RELEASEE OF THE RESTRICTION IN WRITING
   23  AND DIRECT THE SUPERVISING PAROLE OFFICER TO NOTIFY THE RELEASEE OF SUCH
   24  RESTRICTION ORALLY AND IN WRITING.
   25    S 5. Section 65.10 of the penal law is amended by adding a new  subdi-
   26  vision 6 to read as follows:
   27     6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX OFFENDERS. WHEN THE
   28  PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF  THE  CORRECTION  LAW
   29  CONCERNING  CERTAIN  RESTRICTIONS  ON  RESIDENCE  APPLY, THE COURT SHALL
   30  NOTIFY THE DEFENDANT OF THE RESTRICTION IN WRITING AND  THE  SUPERVISING
   31  PROBATION  OFFICER  SHALL  NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY
   32  AND IN WRITING.
   33    S 6. This act shall take effect on the sixtieth  day  after  it  shall
   34  have become a law and shall apply to sex offenders convicted or released
   35  on or after such date.