Changes from may to shall disseminate information on levels one, two and three sex offenders; provides that such information shall include the exact name and alias of the level one, two or three sexual offender.
STATE OF NEW YORK
________________________________________________________________________
849
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, SCOZZAFAVA, KOLB, BARRA, BURLING,
CROUCH, ERRIGO, RABBITT, HOYT, SALADINO, SPANO -- Multi-Sponsored by
-- M. of A. FINCH, THIELE -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to information dissem-
inated on level one, two and three sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 6 of section
2 168-l of the correction law, paragraphs (a) and (b) as amended by chap-
3 ter 106 of the laws of 2006 and paragraph (c) as separately amended by
4 chapters 318 and 680 of the laws of 2005, are amended to read as
5 follows:
6 (a) If the risk of repeat offense is low, a level one designation
7 shall be given to such sex offender. In such case the law enforcement
8 agency or agencies having jurisdiction and the law enforcement agency or
9 agencies having had jurisdiction at the time of his or her conviction
10 shall be notified and [may] shall disseminate relevant information which
11 may include a photograph and description of the offender and which may
12 include the name of the sex offender, approximate address based on sex
13 offender's zip code, background information including the offender's
14 crime of conviction, modus of operation, type of victim targeted, the
15 name and address of any institution of higher education at which the sex
16 offender is enrolled, attends, is employed or resides and the
17 description of special conditions imposed on the offender to any entity
18 with vulnerable populations related to the nature of the offense commit-
19 ted by such sex offender. Any entity receiving information on a sex
20 offender may disclose or further disseminate such information at its
21 discretion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01405-01-9
A. 849 2
1 (b) If the risk of repeat offense is moderate, a level two designation
2 shall be given to such sex offender. In such case the law enforcement
3 agency or agencies having jurisdiction and the law enforcement agency or
4 agencies having had jurisdiction at the time of his or her conviction
5 shall be notified and [may] shall disseminate relevant information which
6 shall include a photograph and description of the offender and which may
7 include the exact name and any aliases used by the sex offender,
8 [approximate] exact address [based on sex offender's zip code], back-
9 ground information including the offender's crime of conviction, mode of
10 operation, type of victim targeted, the name and address of any institu-
11 tion of higher education at which the sex offender is enrolled, attends,
12 is employed or resides and the description of special conditions imposed
13 on the offender to any entity with vulnerable populations related to the
14 nature of the offense committed by such sex offender. Any entity receiv-
15 ing information on a sex offender may disclose or further disseminate
16 such information at its discretion. In addition, in such case, the
17 information described herein shall also be provided in the subdirectory
18 established in this article and notwithstanding any other provision of
19 law, such information shall, upon request, be made available to the
20 public.
21 Such law enforcement agencies shall compile, maintain and update a
22 listing of vulnerable organizational entities within its jurisdiction.
23 Such listing shall be utilized for notification of such organizations in
24 disseminating such information on level two sex offenders pursuant to
25 this paragraph. Such listing shall include and not be limited to:
26 superintendents of schools or chief school administrators, superinten-
27 dents of parks, public and private libraries, public and private school
28 bus transportation companies, day care centers, nursery schools, pre-
29 schools, neighborhood watch groups, community centers, civic associ-
30 ations, nursing homes, victim's advocacy groups and places of worship.
31 (c) If the risk of repeat offense is high and there exists a threat to
32 the public safety a level three designation shall be given to such sex
33 offender. In such case, the law enforcement agency or agencies having
34 jurisdiction and the law enforcement agency or agencies having had
35 jurisdiction at the time of his or her conviction shall be notified and
36 [may] shall disseminate relevant information which shall include a
37 photograph and description of the offender and which may include the sex
38 offender's exact name and any aliases used by the offender, exact
39 address, address of the offender's place of employment, background
40 information including the offender's crime of conviction, mode of opera-
41 tion, type of victim targeted, the name and address of any institution
42 of higher education at which the sex offender is enrolled, attends, is
43 employed or resides and the description of special conditions imposed on
44 the offender to any entity with vulnerable populations related to the
45 nature of the offense committed by such sex offender. Any entity receiv-
46 ing information on a sex offender may disclose or further disseminate
47 such information at its discretion. In addition, in such case, the
48 information described herein shall also be provided in the subdirectory
49 established in this article and notwithstanding any other provision of
50 law, such information shall, upon request, be made available to the
51 public.
52 Such law enforcement agencies shall compile, maintain and update a
53 listing of vulnerable organizational entities within its jurisdiction.
54 Such listing shall be utilized for notification of such organizations in
55 disseminating such information on level three sex offenders pursuant to
56 this paragraph. Such listing shall include and not be limited to:
A. 849 3
1 superintendents of schools or chief school administrators, superinten-
2 dents of parks, public and private libraries, public and private school
3 bus transportation companies, day care centers, nursery schools, pre-
4 schools, neighborhood watch groups, community centers, civic associ-
5 ations, nursing homes, victim's advocacy groups and places of worship.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.
