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A08744 Summary:

BILL NOA08744
 
SAME ASNo Same As
 
SPONSORBarnwell
 
COSPNSRD'Urso, Mosley
 
MLTSPNSR
 
Ren 168-w to be 168-x, add 168-w, Cor L
 
Relates to prohibiting a person required to register under the sex offender registration act from possessing an online gamer account.
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A08744 Actions:

BILL NOA08744
 
10/25/2017referred to correction
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A08744 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8744
 
SPONSOR: Barnwell
  TITLE OF BILL: An act to amend the correction law, in relation to prohibiting a person required to register under the sex offender registration act from possessing an online gamer account   PURPOSE: To keep minors safe from sex offenders while engaging in online gaming   SUMMARY OF PROVISIONS: Any sex offender required to register as such, shall be banned from creating an online gamer account, which will prevent such sex offender from engaging in the playing and/or communication with minors over the gaming platform This bill will require any sex offender with an online gamer account to have to delete their account and report such account within 7 days after the effective date of this legislation with the division as required under this section. If they do not report and delete their account with- in 7 days, they shall be guilty of an A misdemeanor Sex offenders will be prohibited from creating an online gamer account after the effective date of this legislation. If they create such an account, they are guilty of an A misdemeanor. For each subsequent violation, they shall be guilty of an E Felony. Defines online gamer account to include, but not limited to, an account that allows an individual or user to engage, spectate, message, communi- cate, participate, or play on the internet, console, gaming system, and/or network, in which other individuals can engage in the same game, games, activities, or multiplayer features.   JUSTIFICATION: With the rise in online and internet gaming, more and more individuals are interacting and communicating with each other while they play these games. Minors are also playing these games online and communicating with their fellow online garners. Each online user has a unique name, gamer- tag, or other identification name that allows that user to engage and communicate online with others. There have been numerous stories of sex offenders using online gaming to communicate and lure children. Both Governor Andrew Cuomo and Attorney General Schneiderman, have taken measures to restrict online gaming access in the past from sex offen- ders. However, we need to offer more protection going forward. The government has an important and compelling interest in keeping minors safe. This piece of legislation is also narrowly tailored to accomplish this compelling interest.   LEGISLATIVE HISTORY: New bill   FISCAL IMPACT: None   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law
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A08744 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8744
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 25, 2017
                                       ___________
 
        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee on Correction
 
        AN  ACT to amend the correction law, in relation to prohibiting a person
          required to register under the  sex  offender  registration  act  from
          possessing an online gamer account

          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 relettered by chap-
     2  ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
     3  section 168-w is added to read as follows:
     4    § 168-w. Prohibition of online gamer accounts. 1. For purposes of this
     5  section  an  "online  gamer account" means a user name or other name, or
     6  identifying data that allows such individual or user  to  engage,  spec-
     7  tate,  message,  communicate,  participate,  or  play  on  the internet,
     8  console, gaming system, and/or network, in which other  individuals  can
     9  engage  in the same game, games, activities, or multiplayer features. An
    10  "online gamer account" includes, but is not limited to, a console gaming
    11  account, computer gaming account, user tag,  user  account,  user  name,
    12  network  account,  X-box  gamer  tag, PlayStation Network name, Nintendo
    13  Network ID, online multiplayer user  name,  online  multiplayer  playing
    14  account,  unique  user  name,  or any other profile and/or named account
    15  that allows such individual or user to engage, spectate, message, commu-
    16  nicate, participate, or play on the internet,  console,  gaming  system,
    17  and/or  network, in which other individuals can engage in the same game,
    18  games, activities, or multiplayer features.
    19    2. a. No person required to maintain registration under  this  article
    20  shall  be  permitted  to  have  an online gamer account that allows such
    21  person to engage in the watching, participation, communication,  messag-
    22  ing,  talking,  and/or  playing  of  any type of game over the internet,
    23  console, platform, system, online multiplayer feature, or any other type
    24  of device, in which minors also have access to an online gamer account.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13608-02-7

        A. 8744                             2
 
     1    b. Any person required to maintain registration under this article who
     2  currently has such online gamer  account  shall  delete,  remove  and/or
     3  cancel  such  online gamer account within seven days after the effective
     4  date of this section. Such person shall report  such  account,  and  the
     5  account's  deletion,  to the division within seven days after the effec-
     6  tive date of this section.
     7    3. a. Any person required to maintain registration under this  article
     8  who fails to report such online gamer account to the division seven days
     9  after  the  effective  date of this section shall be guilty of a class A
    10  misdemeanor.
    11    b. Any person required to maintain registration under this article who
    12  currently has such online gamer account at the  time  of  the  effective
    13  date of this section, and who fails to delete, remove and/or cancel such
    14  online  gamer account within seven days after the effective date of this
    15  section shall be guilty of a class A misdemeanor.
    16    c. Any person required to maintain registration under this article who
    17  creates an online gamer account after the effective date of this section
    18  shall be guilty of a class A misdemeanor. Upon the second violation, and
    19  each subsequent violation, of this  subdivision  such  person  shall  be
    20  guilty of a class E felony.
    21    §  2.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law.
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