A05809 Summary:

BILL NOA05809
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSR
 
Amd §168-l, Cor L
 
Requires law enforcement agencies to generate a monthly report on community notification procedures for each sex offender.
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A05809 Actions:

BILL NOA05809
 
02/19/2019referred to correction
01/08/2020referred to correction
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A05809 Committee Votes:

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A05809 Floor Votes:

There are no votes for this bill in this legislative session.
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A05809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5809
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Correction
 
        AN ACT to amend the correction law, in  relation  to  requiring  monthly
          reports on community notification related to sex offenders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
     2  the correction law, paragraph (b) as amended by chapter 513 of the  laws
     3  of  2011 and paragraph (c) as separately amended by chapters 318 and 680
     4  of the laws of 2005, are amended to read as follows:
     5    (b) If the risk of repeat offense is moderate, a level two designation
     6  shall be given to such sex offender. In such case  the  law  enforcement
     7  agency or agencies having jurisdiction and the law enforcement agency or
     8  agencies  having  had  jurisdiction at the time of his or her conviction
     9  shall be notified and may disseminate relevant information  which  shall
    10  include  a  photograph  and  description  of  the offender and which may
    11  include the exact name and any aliases used by the sex  offender,  exact
    12  address,  background  information  including  the  offender's  crime  of
    13  conviction, mode of operation, type of victim  targeted,  the  name  and
    14  address of any institution of higher education at which the sex offender
    15  is  enrolled,  attends,  is  employed  or resides and the description of
    16  special conditions imposed on the offender to any entity with vulnerable
    17  populations related to the nature of the offense committed by  such  sex
    18  offender.  Any  entity  receiving  information  on  a  sex  offender may
    19  disclose or further disseminate such information at its  discretion.  In
    20  addition,  in  such case, the information described herein shall also be
    21  provided in the subdirectory established in this  article  and  notwith-
    22  standing  any  other  provision  of  law,  such  information shall, upon
    23  request, be made available to the public.
    24    Such law enforcement agencies shall compile,  maintain  and  update  a
    25  listing  of  vulnerable organizational entities within its jurisdiction.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09861-01-9

        A. 5809                             2
 
     1  Such listing shall be utilized for notification of such organizations in
     2  disseminating such information on level two sex  offenders  pursuant  to
     3  this  paragraph.  Such  listing  shall  include  and  not be limited to:
     4  superintendents  of  schools or chief school administrators, superinten-
     5  dents of parks, public and private libraries, public and private  school
     6  bus  transportation  companies,  day care centers, nursery schools, pre-
     7  schools, neighborhood watch groups,  community  centers,  civic  associ-
     8  ations, nursing homes, victim's advocacy groups and places of worship.
     9    Such  law  enforcement  agencies shall generate a monthly report which
    10  shall be made available to the public, identifying the community notifi-
    11  cation procedures implemented for each offender. Such  report  shall  be
    12  available  to  the  public  upon  request.  Such report shall be updated
    13  monthly. Such report will include a listing of  each  vulnerable  entity
    14  notification made, excluding the victim and individual residents.
    15    (c) If the risk of repeat offense is high and there exists a threat to
    16  the  public  safety a level three designation shall be given to such sex
    17  offender. In such case, the law enforcement agency  or  agencies  having
    18  jurisdiction  and  the  law  enforcement  agency  or agencies having had
    19  jurisdiction at the time of his or her conviction shall be notified  and
    20  may  disseminate  relevant  information which shall include a photograph
    21  and description of the offender and which may include the sex offender's
    22  exact name and any aliases used by the offender, exact address,  address
    23  of  the offender's place of employment, background information including
    24  the offender's crime of conviction, mode of operation,  type  of  victim
    25  targeted, the name and address of any institution of higher education at
    26  which  the sex offender is enrolled, attends, is employed or resides and
    27  the description of special conditions imposed on  the  offender  to  any
    28  entity  with vulnerable populations related to the nature of the offense
    29  committed by such sex offender. Any entity receiving  information  on  a
    30  sex offender may disclose or further disseminate such information at its
    31  discretion.  In addition, in such case, the information described herein
    32  shall also be provided in the subdirectory established in  this  article
    33  and  notwithstanding any other provision of law, such information shall,
    34  upon request, be made available to the public.
    35    Such law enforcement agencies shall compile,  maintain  and  update  a
    36  listing  of  vulnerable organizational entities within its jurisdiction.
    37  Such listing shall be utilized for notification of such organizations in
    38  disseminating such information on level three sex offenders pursuant  to
    39  this  paragraph.  Such  listing  shall  include  and  not be limited to:
    40  superintendents of schools or chief school  administrators,  superinten-
    41  dents  of parks, public and private libraries, public and private school
    42  bus transportation companies, day care centers,  nursery  schools,  pre-
    43  schools,  neighborhood  watch  groups,  community centers, civic associ-
    44  ations, nursing homes, victim's advocacy groups and places of worship.
    45    Such law enforcement agencies shall generate a  monthly  report  which
    46  shall be made available to the public, identifying the community notifi-
    47  cation  procedures  implemented  for each offender. Such report shall be
    48  available to the public upon  request.  Such  report  shall  be  updated
    49  monthly.  Such  report  will include a listing of each vulnerable entity
    50  notification made, excluding the victim and individual residents.
    51    § 2. This act shall take effect on the first of November next succeed-
    52  ing the date on which it shall have become a law.
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