A04692 Summary:

BILL NOA04692
 
SAME ASNo Same As
 
SPONSORMiller B
 
COSPNSRCrouch, Finch, Miller MG, Raia, Brabenec, Morinello, DeStefano
 
MLTSPNSRHawley
 
Amd 168-a, Cor L; amd 330.20, CP L
 
Expands coverage of sex offender registration act.
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A04692 Actions:

BILL NOA04692
 
02/05/2019referred to correction
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A04692 Committee Votes:

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A04692 Floor Votes:

There are no votes for this bill in this legislative session.
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A04692 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4692
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M. of A. B. MILLER, CROUCH, FINCH, M. G. MILLER, RAIA --
          read once and referred to the Committee on Correction
 
        AN ACT to amend the correction law and the criminal  procedure  law,  in
          relation to sex offenders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 168-a of the  correction  law,  as
     2  added by chapter 192 of the laws of 1995, is amended to read as follows:
     3    1.  "Sex  offender" includes (a) any person who is convicted of any of
     4  the offenses set forth in subdivision two or three of this  section;  or
     5  (b)  any  person  against whom a verdict of not responsible by reason of
     6  mental disease or defect is entered or from whom a plea of not responsi-
     7  ble by reason of mental disease or defect is accepted where the  offense
     8  or  offenses  charged in the indictment or accusatory instrument include
     9  any of the offenses set forth  in  subdivision  two  or  three  of  this
    10  section.    Convictions  that result from or are connected with the same
    11  act, or result from offenses committed at the same time, shall be count-
    12  ed for the purpose of this article as one conviction. Any conviction set
    13  aside pursuant to law is not a conviction for purposes of this article.
    14    § 2. Subdivision 6 of section 330.20 of the criminal procedure law, as
    15  added by chapter 548 of the laws of 1980, is amended to read as follows:
    16    6. Initial hearing; commitment order. After  the  examination  reports
    17  are  submitted,  the  court must, within ten days of the receipt of such
    18  reports, conduct an initial hearing to determine the defendant's present
    19  mental condition. If the defendant is in the custody of the commissioner
    20  pursuant to an examination order, the court must direct the  sheriff  to
    21  obtain custody of the defendant from the commissioner and to confine the
    22  defendant  pending further order of the court, except that the court may
    23  direct the sheriff to confine the defendant in  an  institution  located
    24  near  the place where the court sits if that institution has been desig-
    25  nated by the commissioner as  suitable  for  the  temporary  and  secure
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06568-01-9

        A. 4692                             2
 
     1  detention  of  mentally  disabled  persons. At such initial hearing, the
     2  district attorney must establish to the satisfaction of the  court  that
     3  the defendant has a dangerous mental disorder or is mentally ill. If the
     4  court  finds that the defendant has a dangerous mental disorder, it must
     5  issue a commitment order, provided however that  where  the  offense  or
     6  offenses  charged in the indictment or accusatory instrument against the
     7  defendant include any of the offenses set forth in  subdivision  two  or
     8  three  of  section  one  hundred sixty-eight-a of the correction law the
     9  order shall require the defendant to comply with the provisions of arti-
    10  cle six-C of the correction law upon discharge or  conditional  release.
    11  If  the  court finds that the defendant does not have a dangerous mental
    12  disorder but is mentally ill, the provisions  of  subdivision  seven  of
    13  this section shall apply.
    14    § 3. Subdivision 7 of section 330.20 of the criminal procedure law, as
    15  added by chapter 548 of the laws of 1980, is amended to read as follows:
    16    7.  Initial  hearing  civil commitment and order of conditions. If, at
    17  the conclusion of the initial hearing conducted pursuant to  subdivision
    18  six  of this section, the court finds that the defendant is mentally ill
    19  but does not have a dangerous mental disorder, the provisions  of  arti-
    20  cles nine or fifteen of the mental hygiene law shall apply at that stage
    21  of  the proceedings and at all subsequent proceedings. Having found that
    22  the defendant is mentally ill, the court must issue an order  of  condi-
    23  tions  and  an  order  committing  the  defendant  to the custody of the
    24  commissioner. The latter order shall be deemed an order made pursuant to
    25  the mental hygiene law and not pursuant to  this  section,  and  further
    26  retention,  conditional  release or discharge of such defendant shall be
    27  in accordance with the provisions of the mental  hygiene  law,  provided
    28  however  that where the offense or offenses charged in the indictment or
    29  accusatory instrument against the defendant include any of the  offenses
    30  set  forth  in  subdivision  two  or three of section one hundred sixty-
    31  eight-a of the correction law the order shall require the  defendant  to
    32  comply  with  the provisions of article six-C of the correction law upon
    33  discharge or conditional release.  If, at the conclusion of the  initial
    34  hearing,  the  court  finds that the defendant does not have a dangerous
    35  mental disorder and is not mentally ill, the court  must  discharge  the
    36  defendant  either  unconditionally or subject to an order of conditions,
    37  provided however that where the  offense  or  offenses  charged  in  the
    38  indictment or accusatory instrument against the defendant include any of
    39  the  offenses  set  forth  in  subdivision  two  or three of section one
    40  hundred sixty-eight-a of the correction law the order shall require  the
    41  defendant  to  comply  with  the  provisions  of  article  six-C  of the
    42  correction law upon unconditional discharge or conditional release.
    43    § 4. This act shall take effect on the first of November next succeed-
    44  ing the date on which it shall have become a law.
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