Bill Text: NY A00849 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the correction law, in relation to information disseminated on level one, two and three sex offenders
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Introduced - Dead) 2010-05-11 - held for consideration in correction [A00849 Detail]
Download: New_York-2009-A00849-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 849 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. McDONOUGH, SCOZZAFAVA, KOLB, BARRA, BURLING, CROUCH, ERRIGO, RABBITT, HOYT, SALADINO, SPANO -- Multi-Sponsored by -- M. of A. FINCH, THIELE -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to information dissem- inated on level one, two and three sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (a), (b) and (c) of subdivision 6 of section 2 168-l of the correction law, paragraphs (a) and (b) as amended by chap- 3 ter 106 of the laws of 2006 and paragraph (c) as separately amended by 4 chapters 318 and 680 of the laws of 2005, are amended to read as 5 follows: 6 (a) If the risk of repeat offense is low, a level one designation 7 shall be given to such sex offender. In such case the law enforcement 8 agency or agencies having jurisdiction and the law enforcement agency or 9 agencies having had jurisdiction at the time of his or her conviction 10 shall be notified and [may] SHALL disseminate relevant information which 11 may include a photograph and description of the offender and which may 12 include the name of the sex offender, approximate address based on sex 13 offender's zip code, background information including the offender's 14 crime of conviction, modus of operation, type of victim targeted, the 15 name and address of any institution of higher education at which the sex 16 offender is enrolled, attends, is employed or resides and the 17 description of special conditions imposed on the offender to any entity 18 with vulnerable populations related to the nature of the offense commit- 19 ted by such sex offender. Any entity receiving information on a sex 20 offender may disclose or further disseminate such information at its 21 discretion. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01405-01-9 A. 849 2 1 (b) If the risk of repeat offense is moderate, a level two designation 2 shall be given to such sex offender. In such case the law enforcement 3 agency or agencies having jurisdiction and the law enforcement agency or 4 agencies having had jurisdiction at the time of his or her conviction 5 shall be notified and [may] SHALL disseminate relevant information which 6 shall include a photograph and description of the offender and which may 7 include the exact name and any aliases used by the sex offender, 8 [approximate] EXACT address [based on sex offender's zip code], back- 9 ground information including the offender's crime of conviction, mode of 10 operation, type of victim targeted, the name and address of any institu- 11 tion of higher education at which the sex offender is enrolled, attends, 12 is employed or resides and the description of special conditions imposed 13 on the offender to any entity with vulnerable populations related to the 14 nature of the offense committed by such sex offender. Any entity receiv- 15 ing information on a sex offender may disclose or further disseminate 16 such information at its discretion. In addition, in such case, the 17 information described herein shall also be provided in the subdirectory 18 established in this article and notwithstanding any other provision of 19 law, such information shall, upon request, be made available to the 20 public. 21 Such law enforcement agencies shall compile, maintain and update a 22 listing of vulnerable organizational entities within its jurisdiction. 23 Such listing shall be utilized for notification of such organizations in 24 disseminating such information on level two sex offenders pursuant to 25 this paragraph. Such listing shall include and not be limited to: 26 superintendents of schools or chief school administrators, superinten- 27 dents of parks, public and private libraries, public and private school 28 bus transportation companies, day care centers, nursery schools, pre- 29 schools, neighborhood watch groups, community centers, civic associ- 30 ations, nursing homes, victim's advocacy groups and places of worship. 31 (c) If the risk of repeat offense is high and there exists a threat to 32 the public safety a level three designation shall be given to such sex 33 offender. In such case, the law enforcement agency or agencies having 34 jurisdiction and the law enforcement agency or agencies having had 35 jurisdiction at the time of his or her conviction shall be notified and 36 [may] SHALL disseminate relevant information which shall include a 37 photograph and description of the offender and which may include the sex 38 offender's exact name and any aliases used by the offender, exact 39 address, address of the offender's place of employment, background 40 information including the offender's crime of conviction, mode of opera- 41 tion, type of victim targeted, the name and address of any institution 42 of higher education at which the sex offender is enrolled, attends, is 43 employed or resides and the description of special conditions imposed on 44 the offender to any entity with vulnerable populations related to the 45 nature of the offense committed by such sex offender. Any entity receiv- 46 ing information on a sex offender may disclose or further disseminate 47 such information at its discretion. In addition, in such case, the 48 information described herein shall also be provided in the subdirectory 49 established in this article and notwithstanding any other provision of 50 law, such information shall, upon request, be made available to the 51 public. 52 Such law enforcement agencies shall compile, maintain and update a 53 listing of vulnerable organizational entities within its jurisdiction. 54 Such listing shall be utilized for notification of such organizations in 55 disseminating such information on level three sex offenders pursuant to 56 this paragraph. Such listing shall include and not be limited to: A. 849 3 1 superintendents of schools or chief school administrators, superinten- 2 dents of parks, public and private libraries, public and private school 3 bus transportation companies, day care centers, nursery schools, pre- 4 schools, neighborhood watch groups, community centers, civic associ- 5 ations, nursing homes, victim's advocacy groups and places of worship. 6 S 2. This act shall take effect on the ninetieth day after it shall 7 have become a law.