•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

A06019 Summary:

BILL NOA06019A
 
SAME ASSAME AS S04776-A
 
SPONSORSimotas
 
COSPNSRMiller, Hooper
 
MLTSPNSRCeretto, Crouch, Raia
 
Amd 168-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.
Go to top

A06019 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6019--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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 -- recommitted to the Committee on Correction
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        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    § 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09583-03-6

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

        A. 6019--A                          3
 
     1  provision of law, such information shall, upon request, be  made  avail-
     2  able to the public.
     3    Such  law  enforcement  agencies  shall compile, maintain and update a
     4  listing of vulnerable organizational entities within  its  jurisdiction.
     5  Such listing shall be utilized for notification of such organizations in
     6  disseminating  such information on level three sex offenders pursuant to
     7  this paragraph. Such listing  shall  include  and  not  be  limited  to:
     8  superintendents  of  schools or chief school administrators, superinten-
     9  dents of parks, public and private libraries, public and private  school
    10  bus  transportation  companies,  day care centers, nursery schools, pre-
    11  schools, neighborhood watch groups,  community  centers,  civic  associ-
    12  ations, nursing homes, victim's advocacy groups and places of worship.
    13    §  3.  Section 168-q of the correction law, as added by chapter 192 of
    14  the laws of 1995, the section heading as amended by chapter 106  of  the
    15  laws  of  2006,  subdivision  1 as amended by chapter 462 of the laws of
    16  2014, is amended to read as follows:
    17    § 168-q. [Subdirectory] Directory; internet posting.  1. The  division
    18  shall  maintain a [subdirectory of level two and three] directory of sex
    19  offenders[. The subdirectory] which shall be made available at all times
    20  on the internet via the division homepage for purposes of public access.
    21    (a) In the case of a sex offender who  has  been  given  a  level  one
    22  designation, the directory shall include the name of the sex offender, a
    23  photograph  of the sex offender and approximate address based on the sex
    24  offender's zip code.
    25    (b) In the case of a sex offender who has been given a  level  two  or
    26  three  designation,  the  directory  shall  include  the  exact address,
    27  address of the offender's place of employment and photograph of the  sex
    28  offender along with the following information, if available: name, phys-
    29  ical  description,  age and distinctive markings. Background information
    30  including all of the sex offender's crimes of  conviction  that  require
    31  him  or  her  to  register pursuant to this article, modus of operation,
    32  type of victim targeted, the name and  address  of  any  institution  of
    33  higher  education  at  which  the  sex offender is enrolled, attends, is
    34  employed or resides and a description of special conditions  imposed  on
    35  the  sex  offender  shall also be included. The [subdirectory] directory
    36  shall have sex offender listings categorized by  county  and  zip  code.
    37  Such  [subdirectory]  directory  shall be made available at all times on
    38  the internet via the division homepage. Any  person  may  apply  to  the
    39  division  to  receive  automated  e-mail notifications whenever a new or
    40  updated [subdirectory] directory registration  occurs  in  a  geographic
    41  area  specified  by such person. The division shall furnish such service
    42  at no charge to such person, who shall request  e-mail  notification  by
    43  county  and/or zip code on forms developed and provided by the division.
    44  E-mail notification is limited to  three  geographic  areas  per  e-mail
    45  account.
    46    2.  Any person who uses information disclosed pursuant to this section
    47  in violation of the law shall in addition to any other penalty  or  fine
    48  imposed,  be subject to a fine of not less than five hundred dollars and
    49  not more than one thousand dollars. Unauthorized removal or  duplication
    50  of  the  [subdirectory]  directory from the offices of local, village or
    51  city police department shall be punishable by a fine not to  exceed  one
    52  thousand dollars. In addition, the attorney general, any district attor-
    53  ney,  or  any  person aggrieved is authorized to bring a civil action in
    54  the appropriate court requesting preventive relief, including an  appli-
    55  cation  for  a  permanent or temporary injunction, restraining order, or
    56  other order against the person or group of persons responsible for  such

        A. 6019--A                          4
 
     1  action.  The  foregoing remedies shall be independent of any other reme-
     2  dies or procedures that may be available to  an  aggrieved  party  under
     3  other provisions of law.
     4    § 4. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.
Go to top