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Bill > S04148


NY S04148

NY S04148
Allows a district attorney to file a petition to seek the imposition of residency restrictions for certain sex offenders; allows a sex offender subject to a residency restriction to petition the court which imposed such restriction for an order terminating or modifying such residency restriction.


summary

Introduced
02/03/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the correction law, the penal law, the executive law and the criminal procedure law, in relation to establishing residency restrictions for sex offenders

AI Summary

This bill establishes a comprehensive framework for imposing and managing residency restrictions for certain sex offenders in New York State. Specifically, the bill allows district attorneys to file petitions seeking residency restrictions for level 2 or 3 sex offenders convicted of felonies requiring sex offender registration. These restrictions can prohibit such offenders from establishing a permanent residence within 1,000 feet of school grounds. The court will determine the appropriateness of such restrictions by considering factors like the offender's potential for successful reentry, impact on public safety, ability to find housing and employment, and the nature of their original offense. Residency restrictions can last up to ten years after an offender's release from incarceration or supervision, with the possibility of a five-year extension. The bill also allows sex offenders to petition the court to modify or terminate these restrictions, requiring them to prove by clear and convincing evidence that such a change is warranted. Additionally, the bill preempts any existing local laws regarding sex offender residency restrictions, ensuring a consistent statewide approach. Violations of these residency restrictions can result in misdemeanor or felony charges, depending on the circumstances.

Committee Categories

Justice

Sponsors (1)

Last Action

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION (on 01/07/2026)

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