STATE OF NEW YORK
________________________________________________________________________
3268
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to the definitions of a
sexually violent offender and sex offense as applied to out-of-state
offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (ii) and (iii) of paragraph (d) of subdivi-
2 sion 2 of section 168-a of the correction law, subparagraph (ii) as
3 amended by chapter 11 of the laws of 2002 and subparagraph (iii) as
4 amended by chapter 232 of the laws of 2008, are amended to read as
5 follows:
6 (ii) [a felony in any other jurisdiction for which the offender is
7 required to register as a sex offender in the jurisdiction in which the
8 conviction occurred or, (iii)] any of the provisions of 18 U.S.C. 2251,
9 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18
10 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided that the
11 elements of such crime of conviction are substantially the same as those
12 which are a part of such offense as of the date on which this subpara-
13 graph takes effect.
14 § 2. Paragraph (b) of subdivision 3 of section 168-a of the correction
15 law, as amended by chapter 11 of the laws of 2002, is amended to read as
16 follows:
17 (b) a conviction of an offense in any other jurisdiction which
18 includes all of the essential elements of any such felony provided for
19 in paragraph (a) of this subdivision [or conviction of a felony in any
20 other jurisdiction for which the offender is required to register as a
21 sex offender in the jurisdiction in which the conviction occurred].
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01119-01-3
