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A06019 Summary:

BILL NO    A06019 

SAME AS    SAME AS S04776

SPONSOR    Simotas (MS)

COSPNSR    Miller, Hooper

MLTSPNSR   Ceretto, Crouch, Raia

Amd SS168-b, 168-l & 168-q, Cor L

Expands the amount of information available to police and the public, by means
of the internet, on registered sex offenders; authorizes any person to register
with the division of criminal justice services to receive e-mail notification
of all sex offenders residing within their zip code.
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A06019 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6019

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 10, 2015
                                      ___________

       Introduced  by M. of A. SIMOTAS, MILLER, HOOPER -- Multi-Sponsored by --
         M. of A. CERETTO, CROUCH, RAIA  --  read  once  and  referred  to  the
         Committee on Correction

       AN  ACT  to amend the correction law, in relation to the registration of
         sex offenders

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  6 of section 168-b of the correction law, as
    2  amended by chapter 106 of the laws  of  2006,  is  amended  to  read  as
    3  follows:
    4    6. The division shall also establish a [subdirectory] DIRECTORY pursu-
    5  ant to section one hundred sixty-eight-q of this article.
    6    S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
    7  the  correction law, paragraph (a) as amended by chapter 106 of the laws
    8  of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
    9  paragraph (c) as separately amended by chapters 318 and 680 of the  laws
   10  of 2005, are amended to read as follows:
   11    (a)  If  the  risk  of  repeat offense is low, a level one designation
   12  shall be given to such sex offender. In such case  the  law  enforcement
   13  agency or agencies having jurisdiction and the law enforcement agency or
   14  agencies  having  had  jurisdiction at the time of his or her conviction
   15  shall be notified and may disseminate  relevant  information  which  may
   16  include  a  photograph  and  description  of  the offender and which may
   17  include the name of the sex offender, approximate address based  on  sex
   18  offender's  zip  code,  background  information including the offender's
   19  crime of conviction, modus of operation, type of  victim  targeted,  the
   20  name and address of any institution of higher education at which the sex
   21  offender   is   enrolled,  attends,  is  employed  or  resides  and  the
   22  description of special conditions imposed on the offender to any  entity
   23  with vulnerable populations related to the nature of the offense commit-
   24  ted  by  such  sex  offender.  Any entity receiving information on a sex

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09583-01-5
       A. 6019                             2

    1  offender may disclose or further disseminate  such  information  at  its
    2  discretion.  IN  ADDITION, IN EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
    3  DER, A PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS  BASED  ON
    4  THE  SEX  OFFENDER'S  ZIP  CODE  SHALL ALSO BE PROVIDED IN THE DIRECTORY
    5  ESTABLISHED IN THIS ARTICLE.
    6    (b) If the risk of repeat offense is moderate, a level two designation
    7  shall be given to such sex offender. In such case  the  law  enforcement
    8  agency or agencies having jurisdiction and the law enforcement agency or
    9  agencies  having  had  jurisdiction at the time of his or her conviction
   10  shall be notified and may disseminate relevant information  which  shall
   11  include  a  photograph  and  description  of  the offender and which may
   12  include the exact name and any aliases used by the sex  offender,  exact
   13  address,  background  information  including  the  offender's  crime  of
   14  conviction, mode of operation, type of victim  targeted,  the  name  and
   15  address of any institution of higher education at which the sex offender
   16  is  enrolled,  attends,  is  employed  or resides and the description of
   17  special conditions imposed on the offender to any entity with vulnerable
   18  populations related to the nature of the offense committed by  such  sex
   19  offender.  Any  entity  receiving  information  on  a  sex  offender may
   20  disclose or further disseminate such information at its  discretion.  In
   21  addition, in such case, the information described [herein] IN THIS PARA-
   22  GRAPH shall also be provided in the [subdirectory] DIRECTORY established
   23  in  this  article  and  notwithstanding any other provision of law, such
   24  information shall, upon request, be made available to the public.
   25    Such law enforcement agencies shall compile,  maintain  and  update  a
   26  listing  of  vulnerable organizational entities within its jurisdiction.
   27  Such listing shall be utilized for notification of such organizations in
   28  disseminating such information on level two sex  offenders  pursuant  to
   29  this  paragraph.  Such  listing  shall  include  and  not be limited to:
   30  superintendents of schools or chief school  administrators,  superinten-
   31  dents  of parks, public and private libraries, public and private school
   32  bus transportation companies, day care centers,  nursery  schools,  pre-
   33  schools,  neighborhood  watch  groups,  community centers, civic associ-
   34  ations, nursing homes, victim's advocacy groups and places of worship.
   35    (c) If the risk of repeat offense is high and there exists a threat to
   36  the public safety a level three designation shall be given to  such  sex
   37  offender.  In  such  case, the law enforcement agency or agencies having
   38  jurisdiction and the law  enforcement  agency  or  agencies  having  had
   39  jurisdiction  at the time of his or her conviction shall be notified and
   40  may disseminate relevant information which shall  include  a  photograph
   41  and description of the offender and which may include the sex offender's
   42  exact  name and any aliases used by the offender, exact address, address
   43  of the offender's place of employment, background information  including
   44  the  offender's  crime  of conviction, mode of operation, type of victim
   45  targeted, the name and address of any institution of higher education at
   46  which the sex offender is enrolled, attends, is employed or resides  and
   47  the  description  of  special  conditions imposed on the offender to any
   48  entity with vulnerable populations related to the nature of the  offense
   49  committed  by  such  sex offender. Any entity receiving information on a
   50  sex offender may disclose or further disseminate such information at its
   51  discretion. In addition, in such case, the information described  [here-
   52  in]  IN  THIS  PARAGRAPH  shall  also  be provided in the [subdirectory]
   53  DIRECTORY established in this  article  and  notwithstanding  any  other
   54  provision  of  law, such information shall, upon request, be made avail-
   55  able to the public.
       A. 6019                             3

    1    Such law enforcement agencies shall compile,  maintain  and  update  a
    2  listing  of  vulnerable organizational entities within its jurisdiction.
    3  Such listing shall be utilized for notification of such organizations in
    4  disseminating such information on level three sex offenders pursuant  to
    5  this  paragraph.  Such  listing  shall  include  and  not be limited to:
    6  superintendents of schools or chief school  administrators,  superinten-
    7  dents  of parks, public and private libraries, public and private school
    8  bus transportation companies, day care centers,  nursery  schools,  pre-
    9  schools,  neighborhood  watch  groups,  community centers, civic associ-
   10  ations, nursing homes, victim's advocacy groups and places of worship.
   11    S 3. Section 168-q of the correction law, as added by chapter  192  of
   12  the  laws  of 1995, the section heading as amended by chapter 106 of the
   13  laws of 2006, subdivision 1 as amended by chapter 462  of  the  laws  of
   14  2014, is amended to read as follows:
   15    S  168-q. [Subdirectory] DIRECTORY; internet posting.  1. The division
   16  shall maintain a [subdirectory of level two and three] DIRECTORY OF  sex
   17  offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
   18  ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
   19    (A)  IN  THE  CASE  OF  A  SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL ONE
   20  DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
   21  PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE  SEX
   22  OFFENDER'S ZIP CODE.
   23    (B)  IN  THE  CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL TWO OR
   24  THREE DESIGNATION,  THE  DIRECTORY  shall  include  the  exact  address,
   25  address  of the offender's place of employment and photograph of the sex
   26  offender along with the following information, if available: name, phys-
   27  ical description, age and distinctive markings.  Background  information
   28  including  all  of  the sex offender's crimes of conviction that require
   29  him or her to register pursuant to this  article,  modus  of  operation,
   30  type  of  victim  targeted,  the  name and address of any institution of
   31  higher education at which the sex  offender  is  enrolled,  attends,  is
   32  employed  or  resides and a description of special conditions imposed on
   33  the sex offender shall also be included. [The  subdirectory  shall  have
   34  sex offender listings categorized by county and zip code. Such subdirec-
   35  tory  shall be made available at all times on the internet via the divi-
   36  sion homepage. Any person may apply to the division to receive automated
   37  e-mail notifications whenever a new or updated subdirectory registration
   38  occurs in a geographic area specified by such person. The division shall
   39  furnish such service at no charge to  such  person,  who  shall  request
   40  e-mail  notification  by  county  and/or zip code on forms developed and
   41  provided by the  division.  E-mail  notification  is  limited  to  three
   42  geographic areas per e-mail account.]
   43    (C)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
   44  ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
   45  MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA
   46  ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
   47  NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
   48  PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
   49  WHO MOVES INTO THE PERSON'S ZIP CODE.  SUCH  NOTICE  SHALL  INCLUDE  ALL
   50  INFORMATION  AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
   51  ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   52    2. Any person who uses information disclosed pursuant to this  section
   53  in  violation  of the law shall in addition to any other penalty or fine
   54  imposed, be subject to a fine of not less than five hundred dollars  and
   55  not more than one thousand dollars. [Unauthorized removal or duplication
   56  of  the  subdirectory  from the offices of local, village or city police
       A. 6019                             4

    1  department shall be punishable by a fine  not  to  exceed  one  thousand
    2  dollars.]  In  addition, the attorney general, any district attorney, or
    3  any person aggrieved is authorized to bring a civil action in the appro-
    4  priate  court requesting preventive relief, including an application for
    5  a permanent or temporary injunction, restraining order, or  other  order
    6  against  the person or group of persons responsible for such action. The
    7  foregoing remedies shall be independent of any other remedies or  proce-
    8  dures that may be available to an aggrieved party under other provisions
    9  of law.
   10    S 4. This act shall take effect on the one hundred eightieth day after
   11  it shall have become a law.
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