Expands the definition of "sex offender" to encompass someone convicted of any misdemeanor or felony offense for which the offender is required to register pursuant to specified laws and expands the specified laws to include the uniform code of military justice.
STATE OF NEW YORK
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5392
2017-2018 Regular Sessions
IN SENATE
March 24, 2017
___________
Introduced by Sen. SERINO -- (at request of the Division of Criminal
Justice Services) -- read twice and ordered printed, and when printed
to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to the definition of sex
offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
2 section 168-a of the correction law, as amended by chapter 368 of the
3 laws of 2015, is amended to read as follows:
4 (i) a conviction of or a conviction for an attempt to commit any of
5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
6 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and], 255.27 and subdi-
7 vision four of section 260.32 or article two hundred sixty-three of the
8 penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law
9 relating to kidnapping offenses, provided the victim of such kidnapping
10 or related offense is less than seventeen years old and the offender is
11 not the parent of the victim, or section 230.04, where the person
12 patronized is in fact less than seventeen years of age, 230.05, 230.06,
13 230.11, 230.12, 230.13, subdivision two of section 230.30, section
14 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the
15 penal law where the person prostituted is in fact less than seventeen
16 years old, or
17 § 2. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of
18 section 168-a of the correction law, subparagraph (ii) as amended by
19 chapter 11 of the laws of 2002 and subparagraph (iii) as amended by
20 chapter 232 of the laws of 2008, are amended and a new subparagraph (iv)
21 is added to read as follows:
22 (ii) [a felony] an offense in any other jurisdiction for which the
23 offender is required to register as a sex offender in the jurisdiction
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10009-01-7
S. 5392 2
1 in which the conviction occurred or, (iii) any of the provisions of 18
2 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C.
3 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided
4 that the elements of such crime of conviction are substantially the same
5 as those which are a part of such offense as of the date on which this
6 subparagraph takes effect[.] or, (iv) any offense described in the
7 uniform code of military justice upon the order of a court-martial,
8 authorized by 10 U.S.C. 816, to register as a sex offender; or
9 § 3. This act shall take effect on the ninetieth day after it shall
10 have become a law; provided, however, that the amendments made to
11 subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of
12 the correction law by section one of this act shall apply to offenses
13 committed on or after such date or, in the case of a person convicted in
14 another jurisdiction, to offenders who have established a residence in
15 this state on or after such date. Provided further that the amendments
16 made to subparagraph (ii) of paragraph (d) of subdivision 2 of section
17 168-a of the correction law by section two of this act shall apply to
18 offenders who have established a residence in this state on or after
19 such date or, if the court-martial is located within the geographical
20 boundaries of the state of New York, to offenders convicted on or after
21 such date.
