A08503 Summary:

BILL NOA08503A
 
SAME ASSAME AS S06066-A
 
SPONSORMurray
 
COSPNSRRa, Curran, Englebright, Tedisco, McKevitt, Jaffee, Hawley, Garbarino, Duprey, Graf, Brabenec, Raia, Crouch, Oaks, Giglio, Lupinacci, McLaughlin, Stec, Malliotakis, Saladino, Palmesano, Finch, Palumbo
 
MLTSPNSRBarclay, Kearns, Thiele
 
Amd 168-h & 168-o, rel 168-w to be 168-x, add 168-w, Cor L
 
Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.
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A08503 Actions:

BILL NOA08503A
 
10/09/2015referred to correction
01/06/2016referred to correction
03/29/2016held for consideration in correction
05/04/2016amend and recommit to correction
05/04/2016print number 8503a
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A08503 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8503A
 
SPONSOR: Murray (MS)
  TITLE OF BILL: An act to amend the correction law, in relation to sex offender regis- tration and residency restrictions   PURPOSE: The purpose of this bill is to extend the requirement of level one sex offenders to register as a sex offender from twenty years to thirty years. This bill will also allow local governments to place reasonable restrictions on where a sex offender is permitted to live.   SUMMARY OF PROVISIONS: Section 1 of this bill would require level one sex offenders who have committed, or attempted to commit a certain sex offenses be required to maintain their sex offender status for a terms of thirty years. Section 2 of this bill would allow certain level one sex offenders to apply to be removed from the sex offender registry if they can prove by clear and convincing evidence that they are no longer a threat to public safety. Section 3 limits local governments to ensure that it does not require a sex offender to live beyond one thousand feet from public, private and charter schools; do not require a sex offender to live beyond a quarter mile from the workplace and residence of any registrant's victim or victims; and do not require a sex offender to live beyond a quarter mile from the residence of a deceased victim, if the family of the victim continues to reside at that residence. Section 4 is the effective date.   JUSTIFICATION: Currently, level one sex offenders are only required to register as a sex-offender for twenty years. Because this legislation was passed and placed into effect twenty years ago, many sex offenders will be coming off the sex offender registry beginning in 2016. Many times, level one sex offenders are sexual predators, sexually violent offenders, or pred- icate sex offenders and receive level one sex offender status as part of a plea bargain. This bill would extend the requirement to register as a sex offender to thirty years, therefore requiring level one offenders to register for ten more years. There was a recent study released that shows that recidivism rates were the highest at the twenty year mark, which warrants them remaining on the registry for an extended period. This bill also permits level one sex offenders who are not sexual preda- tors, sexually violent, or predicate sex offenders the ability to apply to come of the registry if they can prove by clear and convincing evidence that they are no longer a threat to society. The New York State Court of Appeals has recently overturned all local laws relating to where a registered sex offender can live for the reason that such laws were too restrictive. This bill would allow local govern- ment to place reasonable restrictions on where a sex offender can live, and ensures that such laws are not making it impossible for a sex offen- der to live in the country.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
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A08503 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8503--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     October 9, 2015
                                       ___________
 
        Introduced  by M. of A. MURRAY, RA, CURRAN, ENGLEBRIGHT, TEDISCO, McKEV-
          ITT, JAFFEE, HAWLEY, GARBARINO, DUPREY, GRAF, BRABENEC, RAIA,  CROUCH,
          OAKS,  GIGLIO,  LUPINACCI,  McLAUGHLIN,  STEC,  MALLIOTAKIS, SALADINO,
          PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, KEARNS, THIELE --
          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 sex offender regis-
          tration and residency restrictions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 168-h of the correction law, as amended by chapter
     2  11 of the laws of 2002, and subdivisions 1 and 2 as amended by chapter 1
     3  of the laws of 2006, is amended to read as follows:
     4    § 168-h. Duration of registration and verification. 1. The duration of
     5  registration and verification for a sex offender who has not been desig-
     6  nated a sexual predator, or a sexually violent offender, or a  predicate
     7  sex  offender, and who is classified as a level one risk, or who has not
     8  yet received a risk level classification, shall be annually for a period
     9  of twenty years from the initial date of registration.
    10    2. Notwithstanding the foregoing, a sex offender who is classified  as
    11  a  level one risk and has been convicted of or has been convicted for an
    12  attempt to commit:
    13    (i) any of the provisions of section 120.70, 130.35,  130.50,  130.53,
    14  130.65,  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.90,
    15  130.91, 130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06,  230.32,
    16  250.50, 255.27, 263.10, 263.15 or 263.30 of the penal law;
    17    (ii)  any of the provisions of section 2251, 2251A, 2252, 2252A, 2260,
    18  2422, 2423 or 2425 of title 18 of the United States code; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11987-02-6

        A. 8503--A                          2
 
     1    (iii) has been convicted of any  offense  in  any  other  jurisdiction
     2  which  includes  all  of  the essential elements of any of the foregoing
     3  crimes in this subdivision, shall register annually for life.
     4    3.  A  sex offender who is classified as a level one risk and has been
     5  convicted of or has been convicted for an attempt to commit any  of  the
     6  provisions  of section 130.25, 130.30, 130.40, 130.45, 130.55 or 130.60,
     7  or has been convicted of any offense in  any  other  jurisdiction  which
     8  includes all of the essential elements of any of the foregoing crimes in
     9  this subdivision, shall register annually for life unless at the time of
    10  the act, the defendant was less than twenty-one years old, in which case
    11  registration  shall  be  annually  for a period of twenty years from the
    12  initial date of registration.
    13    4. The duration of registration and verification for  a  sex  offender
    14  who, on or after March eleventh, two thousand two, is designated a sexu-
    15  al  predator,  or a sexually violent offender, or a predicate sex offen-
    16  der, or who is classified as a level two or level three risk,  shall  be
    17  annually  for life. Notwithstanding the foregoing, a sex offender who is
    18  classified as a level one or level two risk and who is not designated  a
    19  sexual  predator,  a sexually violent offender or a predicate sex offen-
    20  der, may be relieved of the duty to register and verify after a  minimum
    21  period of thirty years of registration as provided by subdivision one of
    22  section one hundred sixty-eight-o of this article.
    23    [3.]  5. Any sex offender having been designated a level three risk or
    24  a sexual predator shall also personally verify his or her address  every
    25  ninety calendar days with the local law enforcement agency having juris-
    26  diction where the offender resides.
    27    §  2. Subdivision 1 of section 168-o of the correction law, as amended
    28  by chapter 1 of the laws of 2006, is amended to read as follows:
    29    1. Any sex offender who is classified as a [level two] level one risk,
    30  and who has not been designated a sexual predator, or a sexually violent
    31  offender, or a predicate sex offender, who is required  to  register  or
    32  verify  pursuant to this article and who has been registered for a mini-
    33  mum period of [thirty] twenty years may be relieved of any further  duty
    34  to register upon the granting of a petition for relief by the sentencing
    35  court or by the court which made the determination regarding duration of
    36  registration  and level of notification. The sex offender shall bear the
    37  burden of proving by clear and convincing evidence that his or her  risk
    38  of  repeat offense and threat to public safety is such that registration
    39  or verification is no longer necessary. Such petition, if granted, shall
    40  not relieve the petitioner of the duty  to  register  pursuant  to  this
    41  article  upon  conviction  of  any offense requiring registration in the
    42  future. Such a petition shall not be considered more than once every two
    43  years. In the event that the  sex  offender's  petition  for  relief  is
    44  granted,  the  district  attorney  may appeal as of right from the order
    45  pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
    46  seven  of  the  civil  practice  law  and  rules. Where counsel has been
    47  assigned to represent the sex offender upon  the  ground  that  the  sex
    48  offender  is financially unable to retain counsel, that assignment shall
    49  be continued throughout the pendency of the appeal, and the  person  may
    50  appeal  as  a  poor  person pursuant to article eighteen-B of the county
    51  law.
    52    § 3. Section 168-w of the correction law, as relettered by chapter 604
    53  of the laws of 2005, is relettered section 168-x and a new section 168-w
    54  is added to read as follows:
    55    § 168-w. Child and victim safety zones.  Counties  shall  monitor  and
    56  verify  registration compliance and may enact by local law or resolution

        A. 8503--A                          3
 
     1  sex offender residency restrictions for sex offenders required to regis-
     2  ter pursuant to this article, provided that such restrictions:
     3    1. do not require a sex offender to live beyond one thousand feet from
     4  public, private and charter schools for all level three registrants, for
     5  registrants  who  committed  an  offense against a minor, and for regis-
     6  trants who have been assigned a designation pursuant to this article.
     7    2. do not require a sex offender to live beyond a  quarter  mile  from
     8  the workplace and residence of any registrant's victim or victims.
     9    3.  do  not  require a sex offender to live beyond a quarter mile from
    10  the residence of a deceased victim, if the family of the victim  contin-
    11  ues to reside at that residence.
    12    §  4.  This  act  shall take effect on the sixtieth day after it shall
    13  have become a law.
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