BILL NUMBER: S281
SPONSOR: RHOADS
 
TITLE OF BILL:
An act to amend the correction law, in relation to authorizing munici-
palities to establish residency restrictions for sex offenders
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow municipalities to enact restrictions on where
registered sex offenders reside.
 
SUMMARY OF PROVISIONS:
Section one of the bill clarifies the legislature's intent to allow
municipalities to enact local laws regarding where registered sex offen-
ders may reside.
Section two of the bill authorizes municipalities to impose residency
restrictions upon registered sex offenders.
 
JUSTIFICATION:
On February 17, 2015 the New York State Court of Appeals ruled in People
v. Diack, overturning Nassau county Local Law 4-2006 which prohibited
all registered sex offenders from residing within 1000 feet of a school.
2015 NY Slip Op 01376. The Court ruled that the extensive statutory
scheme created by the legislature with respect to sex offenders and
their management demonstrated an all encompassing legislative intent and
the Nassau County local law was preempted by state law. Since the
creation of the sex offender registry, many municipalities across the
state have chosen to enact similar laws.
Municipalities are empowered to create local laws to respond to their
particular needs, which naturally differ from community to community.
Local laws designed to protect children against registered sex offen-
ders, are enacted in response to unique conditions and concerns of
specific communities and should act in complement with existing state
law.
The enactment of this bill is necessary to allow municipalities to take
in consideration local conditions and needs to protect residents.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.