•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A01712 Summary:

BILL NOA01712
 
SAME ASNo Same As
 
SPONSORMurray
 
COSPNSR
 
MLTSPNSR
 
Amd 168-a, 168-b, 168-f & 168-t, Cor L
 
Facilitates compliance with the sex offender registry for offenders without a registerable residence; defines "homeless sex offender" and "sex offender registration officer"; makes related provisions.
Go to top    

A01712 Actions:

BILL NOA01712
 
01/12/2017referred to correction
Go to top

A01712 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1712
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. MURRAY -- read once and referred to the Committee
          on Correction
 
        AN  ACT to amend the correction law, in relation to facilitating compli-
          ance with the sex offender registry for offenders without a registera-
          ble residence
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  168-a of the correction law is amended by adding
     2  two new subdivisions 19 and 20 to read as follows:
     3    19. "Homeless sex offender" means a person required to register  as  a
     4  sex  offender  who  does  not  have  a  registerable  residence. For the
     5  purposes of this section a registerable residence is  an  address  where
     6  the sex offender actually resides and where the sex offender may receive
     7  mail.  Should  a  sex  offender have an address where he or she actually
     8  resides that the United States Postal Service does not deliver mail, but
     9  such sex offender does maintain a valid postal box to receive his or her
    10  mail, then such offender  shall  not  be  considered  homeless  for  the
    11  purposes of this section.
    12    20.  "Sex  offender registration officer" means a person designated by
    13  the county to collect information regarding the location of homeless sex
    14  offenders and report such to the  division  for  inclusion  on  the  sex
    15  offender  registry.  The  sex  offender  registration officer shall also
    16  provide, on behalf of the  division,  necessary  notifications  to  such
    17  offenders.  Sex  offender  registration officers are authorized to share
    18  information regarding the location of homeless sex offenders with  other
    19  sex offender registration officers within the state, as well as with the
    20  division and any and all law enforcement agencies, probation and parole.
    21  The  sex  offender  registration officer may designate agents, including
    22  but not limited to a law  enforcement  agency  having  jurisdiction,  to
    23  facilitate the collection of location information, as well as facilitate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05245-01-7

        A. 1712                             2
 
     1  notifications,  so long as information collected by such agents is imme-
     2  diately forwarded to the sex offender registration officer.
     3    § 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
     4  law, as amended by chapter 67 of the laws of 2008, is amended to read as
     5  follows:
     6    (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
     7  race, height, weight, eye color, driver's license number,  home  address
     8  and/or  expected  place of domicile, any internet accounts with internet
     9  access providers belonging to such  offender  and  internet  identifiers
    10  that such offender uses.  If the sex offender is a homeless sex offender
    11  as  defined in subdivision nineteen of section one hundred sixty-eight-a
    12  of this article, then the division shall include that information  along
    13  with  which  county's  sex  offender  registration officer is collecting
    14  location information regarding this homeless sex offender.
    15    § 3. Section 168-b of the correction law is amended by adding two  new
    16  subdivisions 13 and 14 to read as follows:
    17    13.  For any sex offender who is a homeless sex offender as defined in
    18  subdivision nineteen of section one hundred sixty-eight-a of this  arti-
    19  cle,  the  sex  offender registration officer of the county in which the
    20  sex offender is located shall facilitate all notifications  required  by
    21  this section on behalf of the division.
    22    14.  The  division is authorized to make any and all information main-
    23  tained pursuant to this section, available to any sex offender registra-
    24  tion officer within the state for the furtherance of the  provisions  of
    25  this article.
    26    §  4.  Section  168-f of the correction law is amended by adding a new
    27  subdivision 7 to read as follows:
    28    7. If the sex offender is a homeless sex offender as defined in subdi-
    29  vision nineteen of section one hundred sixty-eight-a  of  this  article,
    30  the sex offender must report to the sex offender registration officer in
    31  the  county  where  the  sex offender is located every ten calendar days
    32  until such sex offender is no longer a homeless sex offender or no long-
    33  er required to register. When the sex offender reports he  or  she  must
    34  update  any information previously provided pursuant to this section, as
    35  well as information as to where he or she has habitually  been  spending
    36  the  night  and  any further information relevant to where he or she has
    37  been or will be staying, including, but not limited to, any shelters  or
    38  emergency  housing.  All registrations and verifications required of the
    39  sex offender under this article shall be provided by  the  homeless  sex
    40  offender  to  the  sex offender registration officer in the county where
    41  the sex offender is located, or to that officer's designated  agent,  to
    42  be  forwarded  to  the  division.  Nothing contained in this subdivision
    43  shall exempt a homeless sex offender from any and  all  requirements  to
    44  appear  at  a  law  enforcement agency having jurisdiction. The division
    45  shall promulgate rules and regulations relating to procedures for facil-
    46  itating reporting of homeless sex offenders to sex offender registration
    47  officers, as well as for disseminating information by  the  division  to
    48  the  homeless  sex offenders through the sex offender registration offi-
    49  cer.
    50    § 5. Section 168-t of the correction law, as amended by chapter 373 of
    51  the laws of 2007, is amended to read as follows:
    52    § 168-t. Penalty. Any sex offender required to register or  to  verify
    53  pursuant  to  the  provisions  of  this article who fails to register or
    54  verify in the manner and within the time periods provided  for  in  this
    55  article  shall  be  guilty  of  a class E felony upon conviction for the
    56  first offense, and upon conviction for a second  or  subsequent  offense

        A. 1712                             3
 
     1  shall  be guilty of a class D felony. Any homeless sex offender required
     2  to report to  a  sex  offender  registration  officer  pursuant  to  the
     3  provisions  of this article who fails to report in the manner and within
     4  the time periods provided for in this article shall be guilty of a class
     5  A misdemeanor upon conviction for the first offense, and upon conviction
     6  for  a second or subsequent offense shall be guilty of a class E felony.
     7  Any sex offender who violates the  provisions  of  section  one  hundred
     8  sixty-eight-v  of  this article shall be guilty of a class A misdemeanor
     9  upon conviction for the first offense, and upon conviction for a  second
    10  or  subsequent  offense  shall  be  guilty of a class D felony. Any such
    11  failure to register or verify may also be the basis  for  revocation  of
    12  parole pursuant to section two hundred fifty-nine-i of the executive law
    13  or  the  basis  for  revocation  of  probation  pursuant to article four
    14  hundred ten of the criminal procedure law.
    15    § 6. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
Go to top