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A05661 Summary:

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A05661 Floor Votes:

A05661 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5661
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2011
                                       ___________
 
        Introduced by M. of A. WEISENBERG, COLTON, M. MILLER, GIBSON, ZEBROWSKI,
          SPANO,  GABRYSZAK, BROOK-KRASNY, MAYERSOHN, RAIA -- Multi-Sponsored by
          -- M. of A. CROUCH, FINCH, MAISEL, McKEVITT, SWEENEY, THIELE  --  read
          once and referred to the Committee on Correction
 
        AN ACT to amend the correction law, in relation to the definition of and

          information provided about sex offenders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision 2  of  section  168-a  of  the
     2  correction  law,  as added by chapter 69 of the laws of 2003, is amended
     3  to read as follows:
     4    (e) a conviction of or a conviction for an attempt to  commit  any  of
     5  the  provisions  of  subdivision two, three or four of section 250.45 of
     6  the penal law, unless upon motion by the  defendant,  the  trial  court,
     7  having  regard  to  the nature and circumstances of the crime and to the
     8  history and character of the defendant, is of the opinion that registra-
     9  tion would be unduly harsh and inappropriate.
    10    § 2. Paragraph (b) of subdivision 6 of section 168-l of the correction

    11  law, as amended by chapter 106 of the laws of 2006, is amended  to  read
    12  as follows:
    13    (b) If the risk of repeat offense is moderate, a level two designation
    14  shall  be  given  to such sex offender. In such case the law enforcement
    15  agency or agencies having jurisdiction and the law enforcement agency or
    16  agencies having had jurisdiction at the time of his  or  her  conviction
    17  shall  be  notified and may disseminate relevant information which shall
    18  include a photograph and description  of  the  offender  and  which  may
    19  include  the  exact  name  and  any  aliases  used  by the sex offender,
    20  [approximate] exact address [based on sex offender's  zip  code],  back-
    21  ground information including the offender's crime of conviction, mode of
    22  operation, type of victim targeted, the name and address of any institu-

    23  tion of higher education at which the sex offender is enrolled, attends,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05018-01-1
        A. 5661                             2
 
     1  is employed or resides and the description of special conditions imposed
     2  on the offender to any entity with vulnerable populations related to the
     3  nature of the offense committed by such sex offender. Any entity receiv-
     4  ing  information  on  a sex offender may disclose or further disseminate
     5  such information at its discretion.  In  addition,  in  such  case,  the
     6  information  described herein shall also be provided in the subdirectory
     7  established in this article and notwithstanding any other  provision  of

     8  law,  such  information  shall,  upon  request, be made available to the
     9  public.
    10    Such law enforcement agencies shall compile,  maintain  and  update  a
    11  listing  of  vulnerable organizational entities within its jurisdiction.
    12  Such listing shall be utilized for notification of such organizations in
    13  disseminating such information on level two sex  offenders  pursuant  to
    14  this  paragraph.  Such  listing  shall  include  and  not be limited to:
    15  superintendents of schools or chief school  administrators,  superinten-
    16  dents  of parks, public and private libraries, public and private school
    17  bus transportation companies, day care centers,  nursery  schools,  pre-
    18  schools,  neighborhood  watch  groups,  community centers, civic associ-
    19  ations, nursing homes, victim's advocacy groups and places of worship.
    20    § 3. This act shall take effect immediately, provided,  however,  that

    21  the amendments to paragraph (e) of subdivision 2 of section 168-a of the
    22  correction  law  made  by section one of this act shall apply to persons
    23  convicted of an attempt to commit any of the provisions  of  subdivision
    24  2,  3 or 4 of section 250.45 of the penal law who committed such offense
    25  prior to, on or after the effective date of this act; except that,  with
    26  regard to persons who committed such offense prior to the effective date
    27  of this act, this act shall only apply to persons who have not completed
    28  service of the sentence for such offense prior to such effective date.