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

                                         5402

                              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
   17  ATTENDANCE.
   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.
                                                                  LBD07991-01-9
       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.