STATE OF NEW YORK
________________________________________________________________________
7994
IN SENATE
March 16, 2018
___________
Introduced by Sen. GALLIVAN -- (at request of the Division of Criminal
Justice Services) -- 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 definition of sex
offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 168-a of the
2 correction law, as amended by chapter 405 of the laws of 2008, subpara-
3 graph (i) as amended by chapter 368 of the laws of 2015, is amended to
4 read as follows:
5 (a) (i) a conviction of or a conviction for an attempt to commit any
6 of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
7 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
8 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
9 or 135.25 of such law relating to kidnapping offenses, provided the
10 victim of such kidnapping or related offense is less than seventeen
11 years old and the offender is not the parent of the victim, or a sexual-
12 ly motivated felony defined in section 130.91 of the penal law, or
13 section 230.04, where the person patronized is in fact less than seven-
14 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
15 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
16 law, or section 230.25 of the penal law where the person prostituted is
17 in fact less than seventeen years old, or (ii) a conviction of or a
18 conviction for an attempt to commit any of the provisions of section
19 235.22 of the penal law, or (iii) a conviction of or a conviction for an
20 attempt to commit any provisions of the foregoing sections committed or
21 attempted as a hate crime defined in section 485.05 of the penal law or
22 as a crime of terrorism defined in section 490.25 of such law [or as a
23 sexually motivated felony defined in section 130.91 of such law]; or
24 § 2. Subparagraph (iii) of paragraph (d) of subdivision 2 of section
25 168-a of the correction law, as amended by chapter 232 of the laws of
26 2008, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14438-02-8
S. 7994 2
1 (iii) any of the provisions of 18 U.S.C. 1470, 18 U.S.C. 1591, 18
2 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C.
3 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided
4 that the elements of such crime of conviction are substantially the same
5 as those which are a part of such offense as of the date on which this
6 subparagraph takes effect.
7 § 3. Subdivision 12 of section 168-b of the correction law, as added
8 by chapter 278 of the laws of 2010, is amended to read as follows:
9 12. The division shall make registry information regarding level two
10 and three sex offenders, and level one sex offenders required to regis-
11 ter for life, available to municipal housing authorities, as established
12 pursuant to article three of the public housing law, to enable such
13 authorities to identify persons ineligible to reside in public housing.
14 The division shall, at least monthly, release to each municipal housing
15 authority information about level two and three sex offenders and level
16 one sex offenders required to register for life, with a home address
17 and/or expected place of domicile within the corresponding municipality.
18 The division may promulgate rules and regulations relating to procedures
19 for the release of information in the registry to such authorities.
20 § 4. This act shall take effect on the ninetieth day after it shall
21 have become a law; provided, however, that the amendments to subpara-
22 graph (i) of paragraph (a) of subdivision 2 of section 168-a of the
23 correction law made by section one of this act shall apply to persons
24 registered as a sex offender for a sexually motivated felony prior to
25 the effective date of this act and to offenses committed on or after
26 such date or, in the case of a person convicted in another jurisdiction,
27 to offenders who have established a residence in this state on or after
28 such date; and provided, further, that the amendments to subparagraph
29 (iii) of paragraph (d) of subdivision 2 of section 168-a of the
30 correction law made by section two of this act shall apply to offenders
31 who have established a residence in this state on or after such date or,
32 if the conviction occurred in a court located within the geographical
33 boundaries of the state of New York, to offenders convicted on or after
34 such date.