STATE OF NEW YORK
________________________________________________________________________
5894
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, BARNWELL -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to requiring level one
sex offenders to register for life and providing that such sex offen-
ders may petition for relief after thirty years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-h of the correction law, as amended by chapter
2 11 of the laws of 2002, subdivisions 1 and 2 as amended by chapter 1 of
3 the laws of 2006, is amended to read as follows:
4 § 168-h. Duration of registration and verification. 1. The duration of
5 registration and verification for a sex offender who [has not been
6 designated a sexual predator, or a sexually violent offender, or a pred-
7 icate sex offender, and who is classified as a level one risk, or who]
8 has not yet received a risk level classification, [shall be annually for
9 a period of twenty years from the initial date of registration.
10 2. The duration of registration and verification for a sex offender
11 who, on or after March eleventh, two thousand two, is designated a sexu-
12 al predator, or a sexually violent offender, or a predicate sex offen-
13 der,] or who is classified as a level one, level two or level three
14 risk, shall be annually for life. Notwithstanding the foregoing, a sex
15 offender who is classified as a level one or level two risk and who is
16 not designated a sexual predator, a sexually violent offender or a pred-
17 icate sex offender, may be relieved of the duty to register and verify
18 as provided by subdivision one of section one hundred sixty-eight-o of
19 this article.
20 [3.] 2. Any sex offender having been designated a level three risk or
21 a sexual predator shall also personally verify his or her address every
22 ninety calendar days with the local law enforcement agency having juris-
23 diction where the offender resides.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09860-01-9
A. 5894 2
1 § 2. Subdivision 8 of section 168-l of the correction law, as amended
2 by chapter 1 of the laws of 2006, is amended to read as follows:
3 8. A failure by a state or local agency or the board to act or by a
4 court to render a determination within the time period specified in this
5 article shall not affect the obligation of the sex offender to register
6 or verify under this article nor shall such failure prevent a court from
7 making a determination regarding the sex offender's level of notifica-
8 tion and whether such offender is required by law to be registered [for
9 a period of twenty years or] for life. Where a court is unable to make a
10 determination prior to the date scheduled for a sex offender's
11 discharge, parole, release to post-release supervision or release, it
12 shall adjourn the hearing until after the offender is discharged,
13 paroled, released to post-release supervision or released, and shall
14 then expeditiously complete the hearing and issue its determination.
15 § 3. Subdivision 1 of section 168-o of the correction law, as amended
16 by chapter 1 of the laws of 2006, is amended to read as follows:
17 1. Any sex offender who is classified as a level one or level two
18 risk, and who has not been designated a sexual predator, or a sexually
19 violent offender, or a predicate sex offender, who is required to regis-
20 ter or verify pursuant to this article and who has been registered for a
21 minimum period of thirty years may be relieved of any further duty to
22 register upon the granting of a petition for relief by the sentencing
23 court or by the court which made the determination regarding duration of
24 registration and level of notification. The sex offender shall bear the
25 burden of proving by clear and convincing evidence that his or her risk
26 of repeat offense and threat to public safety is such that registration
27 or verification is no longer necessary. Such petition, if granted, shall
28 not relieve the petitioner of the duty to register pursuant to this
29 article upon conviction of any offense requiring registration in the
30 future. Such a petition shall not be considered more than once every two
31 years. In the event that the sex offender's petition for relief is
32 granted, the district attorney may appeal as of right from the order
33 pursuant to the provisions of articles fifty-five, fifty-six and fifty-
34 seven of the civil practice law and rules. Where counsel has been
35 assigned to represent the sex offender upon the ground that the sex
36 offender is financially unable to retain counsel, that assignment shall
37 be continued throughout the pendency of the appeal, and the person may
38 appeal as a poor person pursuant to article eighteen-B of the county
39 law.
40 § 4. This act shall take effect immediately and shall apply to all
41 level one sex offenders registered or required to register immediately
42 prior to the effective date of this act, or who are required to register
43 on or after such date.