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A05522 Summary:

BILL NOA05522
 
SAME ASNo Same As
 
SPONSORLemondes
 
COSPNSRFriend, McDonough, DeStefano, Gallahan
 
MLTSPNSR
 
Amd §§168-c & 168-f, Cor L
 
Requires that a sex offender must report each address where he or she resides, including any multiple or part-time residences.
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A05522 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5522
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2023
                                       ___________
 
        Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
          tee on Correction
 
        AN  ACT  to  amend the correction law, in relation to the residence of a
          sex offender
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivisions 1, 2 and 3 of section 168-c of the correction
     2  law, as amended by chapter 11 of the laws of 2002, are amended  to  read
     3  as follows:
     4    1.  In  the  case  of  any  sex  offender, it shall be the duty of the
     5  department, hospital or local correctional facility at least ten  calen-
     6  dar  days  prior  to the release or discharge of any sex offender from a
     7  correctional facility, hospital or local correctional facility to notify
     8  the division of the contemplated release or discharge of such sex offen-
     9  der, informing the division in writing on a form provided by  the  divi-
    10  sion  indicating  the  address at which he or she proposes to reside and
    11  the name and address of any institution of higher education at which  he
    12  or  she  expects  to  be  enrolled,  attending  or employed, whether for
    13  compensation or not, and whether he or she resides in or will reside  in
    14  a  facility  owned or operated by such institution. If such sex offender
    15  changes his or her place of residence while on parole, such notification
    16  of the change of residence shall be sent by the  sex  offender's  parole
    17  officer  within  forty-eight hours to the division on a form provided by
    18  the division. If such sex offender changes the  status  of  his  or  her
    19  enrollment,  attendance,  employment  or residence at any institution of
    20  higher education while on parole, such notification  of  the  change  of
    21  status  shall be sent by the sex offender's parole officer within forty-
    22  eight hours to the division on a form provided by the division.  In  any
    23  case,  a  sex offender must report each address where he or she resides,
    24  including any multiple or part-time residences.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01264-01-3

        A. 5522                             2
 
     1    2. In the case of any sex offender on probation, it shall be the  duty
     2  of  the  sex  offender's probation officer to notify the division within
     3  forty-eight hours of [the] all new [place] places of residence on a form
     4  provided by the division. If such sex offender changes the status of his
     5  or  her  enrollment, attendance, employment or residence at any institu-
     6  tion of higher education while on probation, such  notification  of  the
     7  change  of  status shall be sent by the sex offender's probation officer
     8  within forty-eight hours to the division on a form provided by the divi-
     9  sion.
    10    3. In the case in which any sex offender escapes from a state or local
    11  correctional facility or hospital, the designated official of the facil-
    12  ity or hospital where the person was confined shall notify within  twen-
    13  ty-four  hours the law enforcement agency having had jurisdiction at the
    14  time of his or her conviction, informing such law enforcement agency  of
    15  the  name  and  aliases  of  the person, and the address or addresses at
    16  which he or she resided at the time of his or her conviction, the amount
    17  of time remaining to be served, if any, on the full term for which he or
    18  she was sentenced, and the nature of the crime for which he or  she  was
    19  sentenced,  transmitting  at the same time a copy of such sex offender's
    20  fingerprints and photograph and a summary of his or her criminal record.
    21    § 2. Paragraph (b) of subdivision 2 of section 168-f of the correction
    22  law, as added by chapter 192 of the laws of 1995, is amended to read  as
    23  follows:
    24    (b)  The  verification  form  shall be signed by the sex offender, and
    25  state that he still resides at the address or addresses last reported to
    26  the division.
    27    § 3. Subdivision 4 of section 168-f of the correction law, as  amended
    28  by chapter 67 of the laws of 2008, is amended to read as follows:
    29    4. Any sex offender shall register with the division no later than ten
    30  calendar days after any change of address, internet accounts with inter-
    31  net  access  providers  belonging to such offender, internet identifiers
    32  that such offender uses, or his or her status of enrollment, attendance,
    33  employment or residence at any institution of higher  education.  A  sex
    34  offender must report each address where he or she resides, including any
    35  multiple or part-time residences. A fee of ten dollars, as authorized by
    36  subdivision  eight of section one hundred sixty-eight-b of this article,
    37  shall be submitted by the sex offender each time such offender registers
    38  any change of address or any change of his or her status of  enrollment,
    39  attendance,  employment or residence at any institution of higher educa-
    40  tion. Any failure or omission to  submit  the  required  fee  shall  not
    41  affect the acceptance by the division of the change of address or change
    42  of status.
    43    §  4.  This  act shall take effect on the ninetieth day after it shall
    44  have become a law.
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