S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
Introduced by M. of A. SPANO, BENEDETTO, GABRYSZAK, GUNTHER, LANCMAN,
MAISEL, WEISENBERG, FIELDS, GREENE -- Multi-Sponsored by -- M. of A.
ABBATE, BOYLAND, GALEF, PHEFFER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the correction law, in relation to prohibiting certain
sex offenders from residing near the boundaries of any school
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 S 168-W. RESIDENCE NEAR SCHOOL BOUNDARY; PROHIBITION. 1. NO DESIGNATED
5 SEX OFFENDER SHALL RESIDE WITHIN ONE THOUSAND FEET OF THE BOUNDARIES OF
6 ANY SCHOOL THAT WORKS WITH, INSTRUCTS OR TREATS CHILDREN UNDER THE AGE
7 OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT IN A CITY HAVING A POPULATION
8 OF ONE MILLION OR MORE, NO DESIGNATED SEX OFFENDER SHALL RESIDE WITHIN
9 FIVE HUNDRED FEET OF THE BOUNDARIES OF ANY SCHOOL THAT WORKS WITH,
10 INSTRUCTS OR TREATS CHILDREN UNDER THE AGE OF EIGHTEEN YEARS.
11 2. FOR THE PURPOSES OF THIS SECTION:
12 (A) "BOUNDARIES OF ANY SCHOOL" MEANS IN, ON OR WITHIN ANY BUILDING,
13 STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN
14 THE REAL PROPERTY BOUNDARY LINE OF A CERTIFIED DAY CARE CENTER, PUBLIC
15 OR PRIVATE ELEMENTARY, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH
16 SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN DAILY
18 (B) "DESIGNATED SEX OFFENDER" MEANS ANY SEX OFFENDER WHO WAS:
19 (I) CONVICTED OF THE COMMISSION OF OR AN ATTEMPT TO COMMIT ANY
20 VIOLATION OF SECTION 130.20, 130.25, 130.30, 130.35, 130.40, 130.45,
21 130.50, 130.55, 130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80
22 OR 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 5402 2
1 (II) CONVICTED OF ANY SEX OFFENSE OR SEXUALLY VIOLENT OFFENSE, WHERE
2 THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN YEARS.
3 3. ANY DESIGNATED SEX OFFENDER WHO VIOLATES ANY PROVISION OF SUBDIVI-
4 SION ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS C FELONY.
5 S 2. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.