NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6881
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the correction law, in relation to registration require-
ments applicable to certain sex offenders who are transient
PURPOSE:
To remedy the Sex Offender Registration Act being deemed unconstitu-
tional as it relates to homeless sex. offenders.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 3 of
§ 168-f of the correction law to, for this subdivision, define transient
as "a person who has no residence" and residence as "one or more
addresses at which a person regularly resides, regardless of the number
of days or night's spent there, such as a shelter or structure that can
be located by a street address, including, but not limited to, houses,
apartment buildings, motels, hotels, homeless shelters, and recreational
and other vehicles." This subdivision also obligates any person who is
required to register pursuant to this article (the Sex Offender Regis-
tration Act) and who is a transient to:
(i) Register within five days after being released from incarceration,
placement or commitment, or probation unless he or she registered as a
transient within thirty delta from the date of their release from incar-
ceration
(ii) Re-register every thirty days after initial registration
(iii) Provide a list of the places he or she sleeps, eats, works,
frequents, and engages in leisure activity, in addition to current
information as required by the division of criminal justice services
(DCJS), however, if he or she changes or adds to the places listed on
the form during the thirty day period, he or she is not required to
report the new place or places until the next required re-registration
(iv) Register with the local law enforcement agency in which he or she
is present or the sheriff of the county, within five working days of
coming into the state if he or she was convicted in another jurisdiction
(v) Register in the jurisdiction in which he or she is physically pres-
ent on the fifth working day following release if he or she is not phys-
ically present in any one jurisdiction for five consecutive working days
(vi) Within five business days of moving out of state inform the local
law enforcement agency where he or she is physically present, in person,
of his or her move out of state and of his or her planned destination
residence, or transient location out of state, and any plans he or she
has to return to the state, if known and requires the law enforcement
agency to forward a copy of the change of location to DCJS within three
days who shall then forward the appropriate registration data to the law
enforcement agency having local jurisdiction or the new place of resi-
dence or location.
Section two of the bill provides the effective date.
JUSTIFICATION:
On February 02, 2023, the Supreme Court, Appellate Division First Judi-
cial Department found that the part of the Sex Offender Registration Act
(SORA) requiring a sex offender designated as a sexual predator or a
level three sex offender to verify his or her address with the appropri-
ate authorities every ninety days "void for vagueness when applied to
one who is homeless without an address." The Court stated their holding
should not be taken to mean that all homeless sex offenders were exempt
from the statute's reporting requirements, but that their decision
rendered unconstitutional the address registration requirement as
applied to homeless sex offenders who possess no address for their resi-
dence, specifically mentioning that it did not exempt homeless sex
offenders who were able to provide an address such as a shelter at which
they were staying. The Court also asserted that it was "uniquely within
the legislative province to develop registration requirements that will
apply to sex offenders who are homeless and without a specific address
to report to the pertinent authorities." This legislation seeks to do
just that. Modeled after California law, this bill would require a home-
less person designated as a sex offender to provide the Division of
Criminal Justice Services (DCJS) a list of places where he or she
sleeps, eats, works, and spends time, every thirty days, regardless of
their designation.It also establishes procedures for when a homeless sex
offender enters or leaves the state or if he or she is not in one juris-
diction for five consecutive working days.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6881
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to registration require-
ments applicable to certain sex offenders who are transient
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 168-f of the correction law, as
2 amended by chapter 364 of the laws of 2012, is amended to read as
3 follows:
4 3. (a) The provisions of subdivision two of this section shall be
5 applied to a sex offender required to register under this article except
6 that such sex offender designated as a sexual predator or having been
7 given a level three designation must personally verify his or her
8 address with the local law enforcement agency every ninety calendar days
9 after the date of release or commencement of parole or post-release
10 supervision, or probation, or release on payment of a fine, conditional
11 discharge or unconditional discharge. At such time the law enforcement
12 agency having jurisdiction may take a new photograph of such sex offen-
13 der if it appears that the offender has had a change in appearance since
14 the most recent photograph taken pursuant to paragraph (b-2) of subdivi-
15 sion two of this section. If such photograph is taken, the law enforce-
16 ment agency shall promptly forward a copy of such photograph to the
17 division. The duty to personally verify shall be temporarily suspended
18 during any period in which the sex offender is confined to any state or
19 local correctional facility, hospital or institution and shall imme-
20 diately recommence on the date of the sex offender's release.
21 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
22 sion, any person who is required to register under this article and who
23 is living as a transient shall register as follows:
24 (i) A transient shall register within five days after release from
25 incarceration, placement or commitment, or probation unless such person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09892-01-3
A. 6881 2
1 registered as a transient within thirty days from the date of their
2 release from incarceration.
3 (ii) After initial registration, he or she shall re-register every
4 thirty days.
5 (iii) A transient shall, upon registration and reregistration,
6 provide current information as required on the division registration
7 forms, and shall also list the places where he or she sleeps, eats,
8 works, frequents, and engages in leisure activities. If a transient
9 changes or adds to the places listed on the form during the thirty-day
10 period, he or she does not need to report the new place or places until
11 the next required reregistration.
12 (iv) If a transient convicted in another jurisdiction enters the
13 state, he or she shall register within five working days of coming into
14 the state with the local law enforcement agency in which he or she is
15 present or the sheriff of the county.
16 (v) If a transient is not physically present in any one jurisdiction
17 for five consecutive working days, he or she shall register in the
18 jurisdiction in which he or she is physically present on the fifth work-
19 ing day following release.
20 (vi) A transient who moves out of state shall within five business
21 days inform the local law enforcement agency where he or she is phys-
22 ically present, in person, of his or her move out of state and of his or
23 her planned destination, residence or transient location out of state,
24 and any plans he or she has to return to the state, if known. The law
25 enforcement agency shall, within three days after receipt of this infor-
26 mation, forward a copy of the change of location information to the
27 division. The division shall forward appropriate registration data to
28 the law enforcement agency having local jurisdiction of the new place of
29 residence or location.
30 (c) For purposes of this subdivision:
31 (i) "Transient" shall mean a person who has no residence.
32 (ii) "Residence" shall mean one or more addresses at which a person
33 regularly resides, regardless of the number of days or nights spent
34 there, such as a shelter or structure that can be located by a street
35 address, including, but not limited to, houses, apartment buildings,
36 motels, hotels, homeless shelters, and recreational and other vehicles.
37 § 2. This act shall take effect immediately.
