Bill Text: NY A00805 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires sex offenders, regardless of their classification, to annually register with the division of criminal justice services for life; eliminates the ability of level 2 sex offenders to petition for relief from registering in the future after having been registered for 30 years.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A00805 Detail]
Download: New_York-2019-A00805-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 805 2019-2020 Regular Sessions IN ASSEMBLY January 11, 2019 ___________ Introduced by M. of A. M. G. MILLER -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to requiring sex offen- ders to register for life and eliminating the petition for relief 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 been6designated a sexual predator, or a sexually violent offender, or a pred-7icate sex offender, and who is classified as a level one risk, or who8has not yet received a risk level classification,] shall be annually for 9 [a period of twenty years from the initial date of registration] life. 10 2. [The duration of registration and verification for a sex offender11who, on or after March eleventh, two thousand two, is designated a sexu-12al predator, or a sexually violent offender, or a predicate sex offen-13der, or who is classified as a level two or level three risk, shall be14annually for life. Notwithstanding the foregoing, a sex offender who is15classified as a level two risk and who is not designated a sexual preda-16tor, a sexually violent offender or a predicate sex offender, may be17relieved of the duty to register and verify as provided by subdivision18one of section one hundred sixty-eight-o of this article.193.] Any sex offender having been designated a level three risk or a 20 sexual predator shall also personally verify his or her address every 21 ninety calendar days with the local law enforcement agency having juris- 22 diction where the offender resides. 23 § 2. Section 168-o of the correction law, as amended by chapter 453 of 24 the laws of 1999, subdivision 1 as amended by chapter 1 of the laws of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00333-01-9A. 805 2 1 2006, subdivisions 2 and 3 as amended by chapter 11 of the laws of 2002, 2 is amended to read as follows: 3 § 168-o. Petition for relief or modification. 1. [Any sex offender who4is classified as a level two risk, and who has not been designated a5sexual predator, or a sexually violent offender, or a predicate sex6offender, who is required to register or verify pursuant to this article7and who has been registered for a minimum period of thirty years may be8relieved of any further duty to register upon the granting of a petition9for relief by the sentencing court or by the court which made the deter-10mination regarding duration of registration and level of notification.11The sex offender shall bear the burden of proving by clear and convinc-12ing evidence that his or her risk of repeat offense and threat to public13safety is such that registration or verification is no longer necessary.14Such petition, if granted, shall not relieve the petitioner of the duty15to register pursuant to this article upon conviction of any offense16requiring registration in the future. Such a petition shall not be17considered more than once every two years. In the event that the sex18offender's petition for relief is granted, the district attorney may19appeal as of right from the order pursuant to the provisions of articles20fifty-five, fifty-six and fifty-seven of the civil practice law and21rules. Where counsel has been assigned to represent the sex offender22upon the ground that the sex offender is financially unable to retain23counsel, that assignment shall be continued throughout the pendency of24the appeal, and the person may appeal as a poor person pursuant to arti-25cle eighteen-B of the county law.262.] Any sex offender required to register or verify pursuant to this 27 article may petition the sentencing court or the court which made the 28 determination regarding the level of notification for an order modifying 29 the level of notification. The petition shall set forth the level of 30 notification sought, together with the reasons for seeking such determi- 31 nation. The sex offender shall bear the burden of proving the facts 32 supporting the requested modification by clear and convincing evidence. 33 Such a petition shall not be considered more than annually. In the event 34 that the sex offender's petition to modify the level of notification is 35 granted, the district attorney may appeal as of right from the order 36 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 37 seven of the civil practice law and rules. Where counsel has been 38 assigned to represent the sex offender upon the ground that the sex 39 offender is financially unable to retain counsel, that assignment shall 40 be continued throughout the pendency of the appeal, and the person may 41 appeal as a poor person pursuant to article eighteen-B of the county 42 law. 43 [3.] 2. The district attorney may file a petition to modify the level 44 of notification for a sex offender with the sentencing court or with the 45 court which made the determination regarding the level of notification 46 or with any court in which the sex offender has been convicted of a new 47 crime, where the sex offender (a) has been convicted of a new crime, or 48 there has been a determination after a proceeding pursuant to section 49 410.70 of the criminal procedure law or section two hundred fifty-nine-i 50 of the executive law that the sex offender has violated one or more 51 conditions imposed as part of a sentence of a conditional discharge, 52 probation, parole or post-release supervision for a designated crime, 53 and (b) the conduct underlying the new crime or the violation is of a 54 nature that indicates an increased risk of a repeat sex offense. The 55 petition shall set forth the level of notification sought, together with 56 the reasons for seeking such determination. The district attorney shallA. 805 3 1 bear the burden of proving the facts supporting the requested modifica- 2 tion, by clear and convincing evidence. In the event that the district 3 attorney's petition is granted, the sex offender may appeal as of right 4 from the order, pursuant to the provisions of articles fifty-five, 5 fifty-six and fifty-seven of the civil practice law and rules. Where 6 counsel has been assigned to represent the offender upon the ground that 7 he or she is financially unable to retain counsel, that assignment shall 8 be continued throughout the pendency of the appeal, and the person may 9 proceed as a poor person, pursuant to article eighteen-B of the county 10 law. 11 [4.] 3. Upon receipt of a petition submitted pursuant to subdivision 12 one[,] or two [or three] of this section, the court shall forward a copy 13 of the petition to the board and request an updated recommendation 14 pertaining to the sex offender and shall provide a copy of the petition 15 to the other party. The court shall also advise the sex offender that 16 he or she has the right to be represented by counsel at the hearing and 17 counsel will be appointed if he or she is financially unable to retain 18 counsel. A returnable form shall be enclosed in the court's notice to 19 the sex offender on which the sex offender may apply for assignment of 20 counsel. If the sex offender applies for assignment of counsel and the 21 court finds that the offender is financially unable to retain counsel, 22 the court shall assign counsel to represent the offender, pursuant to 23 article eighteen-B of the county law. Where the petition was filed by a 24 district attorney, at least thirty days prior to making an updated 25 recommendation the board shall notify the sex offender and his or her 26 counsel that the offender's case is under review and he or she is 27 permitted to submit to the board any information relevant to the review. 28 The board's updated recommendation on the sex offender shall be confi- 29 dential and shall not be available for public inspection. After receiv- 30 ing an updated recommendation from the board concerning a sex offender, 31 the court shall, at least thirty days prior to ruling upon the petition, 32 provide a copy of the updated recommendation to the sex offender, the 33 sex offender's counsel and the district attorney and notify them, in 34 writing, of the date set by the court for a hearing on the petition. 35 After reviewing the recommendation received from the board and any rele- 36 vant materials and evidence submitted by the sex offender and the 37 district attorney, the court may grant or deny the petition. The court 38 may also consult with the victim prior to making a determination on the 39 petition. The court shall render an order setting forth its determi- 40 nation, and the findings of fact and conclusions of law on which the 41 determination is based. If the petition is granted, it shall be the 42 obligation of the court to submit a copy of its order to the division. 43 Upon application of either party, the court shall seal any portion of 44 the court file or record which contains material that is confidential 45 under any state or federal statute. 46 § 3. This act shall take effect immediately and shall apply to all sex 47 offenders registered or required to register immediately prior to the 48 effective date of this act, or who are required to register on or after 49 such date.
