Brown E, Hawley, Smullen, Blankenbush, Beephan, Durso, DeStefano, Molitor
MLTSPNSR
Amd §§168-b, 168-l, 168-n & 168-q, Cor L
Requires all sex offenders convicted by the state be placed in the online directory; establishes what information shall be required to be disclosed for level one sex offenders.
STATE OF NEW YORK
________________________________________________________________________
10975
IN ASSEMBLY
April 14, 2026
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to requiring all sex
offenders be placed in a directory regardless of level designation
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] such
15 offender's conviction shall be notified and may disseminate relevant
16 information which may include a photograph and description of the offen-
17 der and which may include the name of the sex offender, approximate
18 address based on sex offender's zip code, background information includ-
19 ing the offender's crime of conviction, modus of operation, type of
20 victim targeted, the name and address of any institution of higher
21 education at which the sex offender is enrolled, attends, is employed or
22 resides and the description of special conditions imposed on the offen-
23 der to any entity with vulnerable populations related to the nature of
24 the offense committed by such sex offender. Any entity receiving infor-
25 mation on a sex offender may disclose or further disseminate such infor-
26 mation at its discretion. In addition, in each such case, the name of
27 the sex offender, a photograph of the sex offender, approximate address
28 based on the sex offender's zip code, and background information includ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15521-01-6
A. 10975 2
1 ing the offender's crime of conviction, mode of operation, and type of
2 victim targeted may also be provided in the directory established in
3 this article and notwithstanding any other provision of law, such infor-
4 mation shall, upon request, be made available to the public.
5 (b) If the risk of repeat offense is moderate, a level two designation
6 shall be given to such sex offender. In such case the law enforcement
7 agency or agencies having jurisdiction and the law enforcement agency or
8 agencies having had jurisdiction at the time of [his or her] such
9 offender's conviction shall be notified and may disseminate relevant
10 information which shall include a photograph and description of the
11 offender and which may include the exact name and any aliases used by
12 the sex offender, exact address, background information including the
13 offender's crime of conviction, mode of operation, type of victim
14 targeted, the name and address of any institution of higher education at
15 which the sex offender is enrolled, attends, is employed or resides and
16 the description of special conditions imposed on the offender to any
17 entity with vulnerable populations related to the nature of the offense
18 committed by such sex offender. Any entity receiving information on a
19 sex offender may disclose or further disseminate such information at its
20 discretion. In addition, in such case, the information described [here-
21 in] in this paragraph shall also be provided in the [subdirectory]
22 directory established in this article and notwithstanding any other
23 provision of law, such information shall, upon request, be made avail-
24 able to the public.
25 Such law enforcement agencies shall compile, maintain and update a
26 listing of vulnerable organizational entities within its jurisdiction.
27 Such listing shall be utilized for notification of such organizations in
28 disseminating such information on level two sex offenders pursuant to
29 this paragraph. Such listing shall include and not be limited to:
30 superintendents of schools or chief school administrators, superinten-
31 dents of parks, public and private libraries, public and private school
32 bus transportation companies, day care centers, nursery schools, pre-
33 schools, neighborhood watch groups, community centers, civic associ-
34 ations, nursing homes, victim's advocacy groups and places of worship.
35 (c) If the risk of repeat offense is high and there exists a threat to
36 the public safety a level three designation shall be given to such sex
37 offender. In such case, the law enforcement agency or agencies having
38 jurisdiction and the law enforcement agency or agencies having had
39 jurisdiction at the time of [his or her] such offender's conviction
40 shall be notified and may disseminate relevant information which shall
41 include a photograph and description of the offender and which may
42 include the sex offender's exact name and any aliases used by the offen-
43 der, exact address, address of the offender's place of employment, back-
44 ground information including the offender's crime of conviction, mode of
45 operation, type of victim targeted, the name and address of any institu-
46 tion of higher education at which the sex offender is enrolled, attends,
47 is employed or resides and the description of special conditions imposed
48 on the offender to any entity with vulnerable populations related to the
49 nature of the offense committed by such sex offender. Any entity receiv-
50 ing information on a sex offender may disclose or further disseminate
51 such information at its discretion. In addition, in such case, the
52 information described [herein] in this paragraph shall also be provided
53 in the [subdirectory] directory established in this article and notwith-
54 standing any other provision of law, such information shall, upon
55 request, be made available to the public.
A. 10975 3
1 Such law enforcement agencies shall compile, maintain and update a
2 listing of vulnerable organizational entities within its jurisdiction.
3 Such listing shall be utilized for notification of such organizations in
4 disseminating such information on level three sex offenders pursuant to
5 this paragraph. Such listing shall include and not be limited to:
6 superintendents of schools or chief school administrators, superinten-
7 dents of parks, public and private libraries, public and private school
8 bus transportation companies, day care centers, nursery schools, pre-
9 schools, neighborhood watch groups, community centers, civic associ-
10 ations, nursing homes, victim's advocacy groups and places of worship.
11 § 3. Subdivision 2 of section 168-n of the correction law, as amended
12 by chapter 453 of the laws of 1999, is amended to read as follows:
13 2. In addition, applying the guidelines established in subdivision
14 five of section one hundred sixty-eight-l of this article, the sentenc-
15 ing court shall also make a determination with respect to the level of
16 notification, after receiving a recommendation from the board pursuant
17 to section one hundred sixty-eight-l of this article. [Both] For any
18 offender designated a level one offender, the court shall determine
19 whether their name, photograph, approximate address based on the sex
20 offender's zip code, and other background information shall be provided
21 in the directory established in this article after receiving a recommen-
22 dation from the board pursuant to paragraph (a) of subdivision six of
23 section one hundred sixty-eight-l of this article. In making such deter-
24 mination, the court shall consider, but not be limited to, the guide-
25 lines set forth under subdivision five of section one hundred sixty-
26 eight-l of this article. Such determinations of the sentencing court
27 shall be made thirty calendar days prior to discharge, parole or
28 release.
29 § 4. Section 168-q of the correction law, as added by chapter 192 of
30 the laws of 1995, the section heading as amended by chapter 106 of the
31 laws of 2006 and subdivision 1 as amended by chapter 462 of the laws of
32 2014, is amended to read as follows:
33 § 168-q. [Subdirectory] Directory; internet posting. 1. The division
34 shall maintain a [subdirectory] directory of [level two and three] sex
35 offenders[. The subdirectory] which shall be made available at all times
36 on the internet via the division homepage for purposes of public access.
37 (a) In the case of a sex offender who has been given a level one
38 designation, the directory may include the name of the sex offender, a
39 photograph of the sex offender, approximate address based on the sex
40 offender's zip code, and background information including the offender's
41 crime of conviction, modus of operation, and type of victim targeted
42 pursuant to subdivision two of section one hundred sixty-eight-n of this
43 article.
44 (b) In the case of a sex offender who has been given a level two or
45 three designation, the directory shall include the exact address,
46 address of the offender's place of employment and photograph of the sex
47 offender along with the following information, if available: name, phys-
48 ical description, age and distinctive markings. Background information
49 including all of the sex offender's crimes of conviction that require
50 [him or her] such offender to register pursuant to this article, modus
51 of operation, type of victim targeted, the name and address of any
52 institution of higher education at which the sex offender is enrolled,
53 attends, is employed or resides and a description of special conditions
54 imposed on the sex offender shall also be included. The [subdirectory]
55 directory shall have sex offender listings categorized by county and zip
56 code. Such [subdirectory] directory shall be made available at all times
A. 10975 4
1 on the internet via the division homepage. Any person may apply to the
2 division to receive automated e-mail notifications whenever a new or
3 updated [subdirectory] directory registration occurs in a geographic
4 area specified by such person. The division shall furnish such service
5 at no charge to such person, who shall request e-mail notification by
6 county and/or zip code on forms developed and provided by the division.
7 E-mail notification is limited to three geographic areas per e-mail
8 account.
9 2. Any person who uses information disclosed pursuant to this section
10 in violation of the law shall in addition to any other penalty or fine
11 imposed, be subject to a fine of not less than five hundred dollars and
12 not more than one thousand dollars. Unauthorized removal or duplication
13 of the [subdirectory] directory from the offices of local, village or
14 city police department shall be punishable by a fine not to exceed one
15 thousand dollars. In addition, the attorney general, any district attor-
16 ney, or any person aggrieved is authorized to bring a civil action in
17 the appropriate court requesting preventive relief, including an appli-
18 cation for a permanent or temporary injunction, restraining order, or
19 other order against the person or group of persons responsible for such
20 action. The foregoing remedies shall be independent of any other reme-
21 dies or procedures that may be available to an aggrieved party under
22 other provisions of law.
23 § 5. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law.
