New York A 4169: Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; also prohibits such offenders from attending school activities

Bill Text

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A04169 Summary:

BILL NOA04169 

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SAME ASSAME AS S02711

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SPONSORTague

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COSPNSRBendett

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MLTSPNSR

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Ren §168-w to be §168-x, add §168-w, Cor L

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Prohibits level 2 and 3 sex offenders from residing within 1,500 feet of their victim or school grounds; prohibits such offenders from attending or participating in school sponsored activities.

Go to top A04169 Actions:

BILL NOA04169 

&nbsp

01/31/2025referred to correction

01/07/2026referred to correction

Go to topA04169 Committee&nbspVotes:

Go to topA04169 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04169 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4169

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. TAGUE -- read once and referred to the Committee
 on Correction

 AN ACT to amend the correction law, in relation to restricting sex
 offenders from residing near the residence of their victim or near 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 renumbered by chap-
 2 ter 604 of the laws of 2005, is renumbered 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 limitations;
 5 penalty. 1. (a) It shall be unlawful for any level two or level three
 6 sex offender to knowingly reside within fifteen hundred feet of the
 7 residence of a victim of their sex offense or sexually violent offense.
 8 (b) The residence prohibition established by paragraph (a) of this
 9 subdivision shall remain in effect for as long as the offender is clas-
 10 sified as a level two or three sex offender.
 11 (c) In any prosecution pursuant to this subdivision, it shall be an
 12 affirmative 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 (d) No provision of this subdivision shall be deemed to require the
 17 disclosure or notification of the address of any victim to a sex offen-
 18 der.
 19 2. (a) It shall be unlawful for any level two or three sex offender to
 20 knowingly reside or enter within one thousand five hundred feet of any
 21 school grounds. For the purposes of this subdivision, "school grounds"
 22 means any building, structure, athletic playing field, playground or
 23 land contained within the real property line of a public or private

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01833-01-5

 A. 4169 2

 1 elementary, parochial, intermediate, junior high, vocational or high
 2 school.
 3 (b) It shall be unlawful for any level two or three sex offender to
 4 knowingly attend or participate in any event or activity sponsored by a
 5 public or private elementary, parochial, intermediate, junior high,
 6 vocational or high school, regardless of whether such event or activity
 7 is conducted upon school grounds.
 8 (c) The prohibitions imposed by paragraphs (a) and (b) of this subdi-
 9 vision shall remain in effect for as long as the sex offender is classi-
 10 fied as a level two or three sex offender.
 11 (d) In any prosecution pursuant to paragraph (a) of this subdivision,
 12 it shall be an affirmative defense that:
 13 (i) the sex offender resides within a facility operated by and is in
 14 the custody of a local corrections department, a county sheriff, the
 15 department, the office of children and family services or the office of
 16 mental health;
 17 (ii) the sex offender established their residence prior to the effec-
 18 tive date of this subdivision, or school grounds are established or
 19 extended after the sex offender has established their residence;
 20 (iii) the sex offender is under twenty-one years of age or a ward
 21 under a guardianship; or
 22 (iv) the sex offender's place of residence has been fixed by order of
 23 a court of competent jurisdiction, or by any federal, state, county or
 24 city agency having jurisdiction over the sex offender.
 25 (e) Notwithstanding