NY- Statewide Legislation Aimed to Protect Children From Sex Offenders

Lawmakers allege they are doing this to protect children, but they ignore all things dangerous, other criminal types and things physical and the crimes actually happening to children in these protected places, and want folks to ASS-U-ME that former sex offenders are the ONLY danger to children. Clearly children are a pretext for some other goal. i.e., banning folks they don't like for which there is no constitutional right to do so.

Under the guise of today's residency ordinances they try to protect places where children congregate. i.e., schools, day cares etc. No where in the entire nation has anyone, including law enforcement, been able to cite a case where a RSO lived WITHIN the prohibited distance -and- committed a crime AT the protected place. This is a hypothetical scenario that simply does not happen, and has not happened in recorded history; it is hypothetical and not reality.

This is likened to creating a law that says, we will punish the farmer if an orange falls out of a apple tree. Someone could put an orange in a apple tree and it could fall out, but is it likely to happen? Its not reality, its hypothetical.

Now Reality: Crimes are happening to children AT these protected places, caused by people working IN these protected places, how does today's residency ordinance address these crimes? They don't, today's residency laws ignore reality and only focus on hypothetical scenarios, scenarios which ignore the evidence of how crimes are happening; feel good laws, but in reality useless and resource wasteful. eAdvocate

2-7-2009 New York:

In his first visit to Long Island since being elected State Senate Majority Leader earlier this month, Senator Malcolm A. Smith met Jan. 30 with Senator Craig Johnson to announce the introduction of a major piece of statewide legislation that will protect children from predators.

The bill, S.1300, is a direct response to a recent State Supreme Court decision that invalidated Rockland County's sex offender residency law. That ruling nullified the local law asserting that under state law, the express authority to determine housing residency for sex offenders lies only with local probation offices. Using that standard some 80 local "child safety zone" laws across the state risk invalidation.

"While I have the utmost respect for the judicial branch, this particular decision is the result of a confusing patchwork of laws that we seek to simplify," Senator Smith said. "Myself and Senator Johnson are both parents, and we understand the importance of getting our laws right so that no child is placed in harm's way."

Senator Johnson, who co-sponsored Nassau County's local law while serving as a member of the county legislature, added, "We have strong laws on the books on Long Island and we have to do everything we can to ensure that these protections remain. Furthermore, by passing this on the state level we can ensure that every child, in every community across New York will have access to the very same protections."

Senator Johnson's legislation would prohibit a registered sex offender from living within 1,000 feet of a school building, park or day care center and establish the state's Penal Law mandate that the first offense of this law be a Class A misdemeanor, allowing for the presiding judge to mandate up to one year imprisonment. Subsequent offenses will be a Class D felony, allowing for up to seven years imprisonment.

"I commend Senator Johnson for this legislation and thank Senator Smith for coming today. Much like Nassau's local laws, Suffolk County's own laws were written with one goal in mind-give parents the assurance that every child is being protected. This bill is important because as we saw in Rockland County, not much stands in the way of our laws against sexual predators from being overturned," Senator Brian X. Foley (D-Blue Point).

The legislation is currently in the Senate's Committee on Crime Victims, Crime and Corrections. Discussions with potential Assembly sponsors are ongoing. ..News Source.. by Floral Park Dispatch