S01976 Summary:

BILL NOS01976A
 
SAME ASNo same as
 
SPONSORGIANARIS
 
COSPNSRAVELLA
 
MLTSPNSR
 
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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S01976 Actions:

BILL NOS01976A
 
01/14/2011REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/04/2012REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/05/2012AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
01/05/2012PRINT NUMBER 1976A
03/08/2012NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
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S01976 Floor Votes:

There are no votes for this bill in this legislative session.
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S01976 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1976--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2011
                                       ___________
 
        Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Crime  Victims,
          Crime and Correction -- recommitted to the Committee on Crime Victims,
          Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
          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.
                                                                   LBD05810-02-1

        S. 1976--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 offenders 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

        S. 1976--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.  The  section  heading and subdivision 1 of section 168-q of the
    14  correction law, the section heading as amended by  chapter  106  of  the
    15  laws  of 2006 and subdivision 1 as amended by chapter 532 of the laws of
    16  2011, are amended to read as follows:
    17    [Subdirectory] Directory; internet posting.   1.  The  division  shall
    18  maintain  a  [subdirectory  of  level  two  and three sex offenders. The
    19  subdirectory] directory which shall be made available at  all  times  on
    20  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  the  sex  offender's crime of conviction, modus of operation,
    31  type of victim targeted, the name and  address  of  any  institution  of

    32  higher  education  at  which  the  sex offender is enrolled, attends, is
    33  employed or resides and a description of special conditions  imposed  on
    34  the  sex  offender  shall also be included. [The subdirectory shall have
    35  sex offender listings categorized by county and zip code. Such subdirec-
    36  tory shall be made available at all times on the internet via the  divi-
    37  sion homepage. Any person may apply to the division to receive automated
    38  e-mail notifications whenever a new or updated subdirectory registration
    39  occurs in a geographic area specified by such person. The division shall
    40  furnish  such  service  at  no  charge to such person, who shall request
    41  e-mail notification by county and/or zip code  on  forms  developed  and

    42  provided  by  the  division.  E-mail  notification  is  limited to three
    43  geographic areas per e-mail account.]
    44    (c) The division shall, on its internet homepage, provide a means  for
    45  any  person  to  register  to receive notice at such person's electronic
    46  mail address of all sex offenders who  reside  or  move  into  the  area
    47  encompassed by such person's zip code. The division shall provide timely
    48  notice  by electronic mail to each person who registers pursuant to this
    49  paragraph of every sex offender residing in and of  every  sex  offender
    50  who  moves  into  the  person's  zip code. Such notice shall include all
    51  information authorized to be disclosed on each such sex offender  pursu-
    52  ant to paragraph (a) or (b) of this subdivision.

    53    § 4. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.
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