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A04736 Summary:

BILL NOA04736
 
SAME ASSAME AS S07830
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §168-f, Cor L
 
Provides registration requirements applicable to level three sex offenders and sexual predators who are transient.
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A04736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4736
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2025
                                       ___________
 
        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  their  address with the local law enforcement agency every ninety calen-
     9  dar days after the date of release or commencement of parole or post-re-
    10  lease supervision, or probation, or release on payment of a fine, condi-
    11  tional discharge or  unconditional  discharge.  At  such  time  the  law
    12  enforcement agency having jurisdiction may take a new photograph of such
    13  sex offender if it appears that the offender has had a change in appear-
    14  ance  since the most recent photograph taken pursuant to paragraph (b-2)
    15  of subdivision two of this section. If such photograph is taken, the law
    16  enforcement agency shall promptly forward a copy of such  photograph  to
    17  the  division.  The  duty  to  personally  verify  shall  be temporarily
    18  suspended during any period in which the sex offender is confined to any
    19  state or local correctional facility, hospital or institution and  shall
    20  immediately 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.
                                                                   LBD08249-01-5

        A. 4736                             2
 
     1  registered  as  a  transient  within  thirty days from the date of their
     2  release from incarceration.
     3    (ii)   After initial registration, such person 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 such  person  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,  such  person  does  not  need to report the new place or places
    11  until the next required reregistration.
    12    (iv)   If a transient convicted in  another  jurisdiction  enters  the
    13  state,  such  person  shall  register within five working days of coming
    14  into the state with the local  law  enforcement  agency  in  which  such
    15  person is 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, such person  shall  register  in  the
    18  jurisdiction  in which they are 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 they are physically
    22  present, in person, of their move out of  state  and  of  their  planned
    23  destination, residence or transient location out of state, and any plans
    24  they  have to return to the state, if known.  The law enforcement agency
    25  shall, within three days after receipt of this  information,  forward  a
    26  copy of the change of location information to the division. The division
    27  shall forward appropriate registration data to the law enforcement agen-
    28  cy having local jurisdiction of the new place of residence or location.
    29    (c) For purposes of this subdivision:
    30    (i) "Transient" shall mean a person who has no residence.
    31    (ii)  "Residence"  shall  mean one or more addresses at which a person
    32  regularly resides, regardless of the number  of  days  or  nights  spent
    33  there,  such  as  a shelter or structure that can be located by a street
    34  address, including, but not limited  to,  houses,  apartment  buildings,
    35  motels, hotels, homeless shelters, and recreational and other vehicles.
    36    § 2. This act shall take effect immediately.
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