S 2312: Prohibits any sex offender from residing within a quarter mile of any school, playground, park or building in which child day care is provided.

  
  STATE OF NEW YORK ________________________________________________________________________ 2312 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. ORTT -- 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, the executive law and the penal law, in relation to prohibiting sex offenders from living within a quarter mile of any school, park, playground or building in which child day care is provided 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 13 to read as follows: 3 13. 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 § 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 § 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 or subdivision one of 17 section one hundred sixty-eight-w of this article shall be guilty of a 18 class A misdemeanor upon conviction for the first offense, and upon 19 conviction for a second or subsequent offense shall be guilty of a class 20 D felony. Any such failure to register or verify may also be the basis 21 for revocation of parole pursuant to section two hundred fifty-nine-i of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03649-01-5 
 S. 2312 2 1 the executive law or the basis for revocation of probation pursuant to 2 article four hundred ten of the criminal procedure law. 3 § 3. Section 168-w of the correction law, as renumbered by chapter 604 4 of the laws of 2005, is renumbered section 168-x and a new section 168-w 5 is added to read as follows: 6 § 168-w. Residency requirements for sex offenders. 1. No sex offender 7 shall reside in a residence that is within one thousand three hundred 8 fifty feet of any school building, playground, park or building in which 9 child day care is provided. 10 2. For purposes of this section, "school" shall mean a public or 11 private elementary, parochial, intermediate, junior high, vocational or 12 high school regularly used for instructional purposes. 13 3. The provisions of this section shall remain in effect for as long 14 as the offender is classified as a sex offender. 15 4. Nothing in this section shall be construed as restricting any 16 lawful condition that may be imposed on a sentenced sex offender. 17 § 4. Section 259-c of the executive law is amended by adding a new 18 subdivision 18 to read as follows: 19 18. when the provisions of section one hundred sixty-eight-w of the 20 correction law concerning certain restrictions on residence apply, 21 direct the division to notify the releasee of the restriction in writing 22 and direct the supervising parole officer to notify the releasee of such 23 restriction orally and in writing. 24 § 5. Section 65.10 of the penal law is amended by adding a new subdi- 25 vision 6 to read as follows: 26 6. Notice of residency requirements for sex offenders. When the 27 provisions of section one hundred sixty-eight-w of the correction law 28 concerning certain restrictions on residence apply, the court shall 29 notify the defendant of the restriction in writing and the supervising 30 probation officer shall notify the offender of the restriction orally 31 and in writing. 32 § 6. This act shall take effect on the sixtieth day after it shall 33 have become a law and shall apply to sex offenders convicted or released 34 on or after such date.