A03669 Summary:

BILL NOA03669
 
SAME ASNo same as
 
SPONSORKoon (MS)
 
COSPNSRAlfano
 
MLTSPNSR
 
Amd Art 13-B S268, Exec L; amd S168-b, Cor L
 
Authorizes the governor, on behalf of the state, to negotiate and enter into an interstate compact for the exchange of information on registered sex offenders.
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A03669 Actions:

BILL NOA03669
 
01/28/2009referred to correction
01/06/2010referred to correction
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A03669 Floor Votes:

There are no votes for this bill in this legislative session.
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A03669 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3669
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2009
                                       ___________
 
        Introduced  by  M.  of  A. KOON, ALFANO -- read once and referred to the
          Committee on Correction
 
        AN ACT to amend the executive law and the correction law, in relation to
          authorizing the governor to enter into compacts with other states  for
          out-of-state sex offender registration
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new  article  13-B
     2  to read as follows:
     3                                ARTICLE 13-B
     4                   OUT-OF-STATE SEX OFFENDER REGISTRATION
     5  Section 268. Compacts  with  other  states for out-of-state sex offender
     6                 registration.
     7    § 268. Compacts with other states for out-of-state sex offender regis-
     8  tration. 1. In furtherance of  the  provisions  of  subdivision  two  of
     9  section  one hundred sixty-eight-b and section one hundred sixty-eight-u
    10  of the correction law, the governor is hereby authorized and directed to

    11  negotiate and enter into a compact on behalf of the state  of  New  York
    12  with  any  state of the United States of America legally joining therein
    13  in the form substantially as follows:
    14                                  A COMPACT
    15    Entered into by and among the contracting states, signatories  hereto,
    16  the contracting states solemnly agree:
    17    (a)  That  it shall be competent for the duly constituted judicial and
    18  administrative authorities of a state party to this compact to make  the
    19  information  in  such  party's  sex  offender  registry available to the
    20  authority which maintains the sex offender  registry  of  another  state
    21  party  to  this compact for the purpose of sharing information and moni-

    22  toring or ascertaining the status or location of any sex offender or sex
    23  offenders.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02254-01-9

        A. 3669                             2
 
     1    (b) That each state party shall  immediately  provide  notice  to  the
     2  appropriate  agency of another state party whom such party has knowledge
     3  that a sex offender has left the state and the destination of  such  sex
     4  offender, if known.
     5    (c)  That the duly accredited officers of a state party in which a sex
     6  offender is required to register and/or verify  such  registration  with

     7  such  state's sex offender registry may at all times enter another state
     8  party and there apprehend and retake any such sex offender who fails  to
     9  register  and/or verify such registration with the sex offender registry
    10  of such other state.
    11    (d) That the governor of each state  may  designate  an  officer  who,
    12  acting  jointly  with  like officers of other contracting states, if and
    13  when appointed, shall promulgate such rules and regulations  as  may  be
    14  deemed  necessary  to  more  effectively  carry  out  the  terms of this
    15  compact.
    16    (e) That this compact shall  become  operative  immediately  upon  its
    17  ratification by any state as between it and any other state or states so

    18  ratifying.  When ratified it shall have the full force and effect of law
    19  within such state, the form of ratification to be in accordance with the
    20  laws of the ratifying state.
    21    (f)  That this compact shall continue in force and remain binding upon
    22  each ratifying state until renounced by it. The duties  and  obligations
    23  hereunder  of  a  renouncing  state  shall  continue as to sex offenders
    24  residing therein at the time of withdrawal. Renunciation of this compact
    25  shall be by the same authority which ratified it, by sending six months'
    26  notice in writing of its intention to withdraw from the compact  to  the
    27  other states party hereto.
    28    2. The commissioner of the division of criminal justice services shall

    29  have power and shall be charged with the duty of promulgating such rules
    30  and  regulations  as may be deemed necessary to carry out the terms of a
    31  compact entered into by the state pursuant to this section.
    32    3. If any sentence, subdivision or clause of this section is  for  any
    33  reason  held  invalid or to be unconstitutional, such decision shall not
    34  affect the validity of the remaining portions of this section.
    35    § 2. Paragraph a of subdivision 2 of section 168-b of  the  correction
    36  law,  as  amended by chapter 645 of the laws of 2005, is amended to read
    37  as follows:
    38    a. The division is authorized to make the registry  available  to  any
    39  state, regional or national registry of sex offenders for the purpose of

    40  sharing  information  and  monitoring  or  ascertaining  the  status and
    41  location of sex offenders.   The division shall accept  files  from  any
    42  state,  regional  or  national  registry of sex offenders and shall make
    43  such files available when requested pursuant to the provisions  of  this
    44  article.
    45    § 3. This act shall take effect immediately.
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