Bill Text: NY A03669 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law and the correction law, in relation to authorizing the governor to enter into compacts with other states for out-of-state sex offender registration

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03669 Detail]

Download: New_York-2009-A03669-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3669
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M.  of  A. KOON, ALFANO -- read once and referred to the
         Committee on Correction
       AN ACT to amend the executive law and the correction law, in relation to
         authorizing the governor to enter into compacts with other states  for
         out-of-state sex offender registration
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new  article  13-B
    2  to read as follows:
    3                                ARTICLE 13-B
    4                   OUT-OF-STATE SEX OFFENDER REGISTRATION
    5  SECTION 268. COMPACTS  WITH  OTHER  STATES FOR OUT-OF-STATE SEX OFFENDER
    6                 REGISTRATION.
    7    S 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER REGIS-
    8  TRATION. 1. IN FURTHERANCE OF  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF
    9  SECTION  ONE HUNDRED SIXTY-EIGHT-B AND SECTION ONE HUNDRED SIXTY-EIGHT-U
   10  OF THE CORRECTION LAW, THE GOVERNOR IS HEREBY AUTHORIZED AND DIRECTED TO
   11  NEGOTIATE AND ENTER INTO A COMPACT ON BEHALF OF THE STATE  OF  NEW  YORK
   12  WITH  ANY  STATE OF THE UNITED STATES OF AMERICA LEGALLY JOINING THEREIN
   13  IN THE FORM SUBSTANTIALLY AS FOLLOWS:
   14                                  A COMPACT
   15    ENTERED INTO BY AND AMONG THE CONTRACTING STATES, SIGNATORIES  HERETO,
   16  THE CONTRACTING STATES SOLEMNLY AGREE:
   17    (A)  THAT  IT SHALL BE COMPETENT FOR THE DULY CONSTITUTED JUDICIAL AND
   18  ADMINISTRATIVE AUTHORITIES OF A STATE PARTY TO THIS COMPACT TO MAKE  THE
   19  INFORMATION  IN  SUCH  PARTY'S  SEX  OFFENDER  REGISTRY AVAILABLE TO THE
   20  AUTHORITY WHICH MAINTAINS THE SEX OFFENDER  REGISTRY  OF  ANOTHER  STATE
   21  PARTY  TO  THIS COMPACT FOR THE PURPOSE OF SHARING INFORMATION AND MONI-
   22  TORING OR ASCERTAINING THE STATUS OR LOCATION OF ANY SEX OFFENDER OR SEX
   23  OFFENDERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02254-01-9
       A. 3669                             2
    1    (B) THAT EACH STATE PARTY SHALL  IMMEDIATELY  PROVIDE  NOTICE  TO  THE
    2  APPROPRIATE  AGENCY OF ANOTHER STATE PARTY WHOM SUCH PARTY HAS KNOWLEDGE
    3  THAT A SEX OFFENDER HAS LEFT THE STATE AND THE DESTINATION OF  SUCH  SEX
    4  OFFENDER, IF KNOWN.
    5    (C)  THAT THE DULY ACCREDITED OFFICERS OF A STATE PARTY IN WHICH A SEX
    6  OFFENDER IS REQUIRED TO REGISTER AND/OR VERIFY  SUCH  REGISTRATION  WITH
    7  SUCH  STATE'S SEX OFFENDER REGISTRY MAY AT ALL TIMES ENTER ANOTHER STATE
    8  PARTY AND THERE APPREHEND AND RETAKE ANY SUCH SEX OFFENDER WHO FAILS  TO
    9  REGISTER  AND/OR VERIFY SUCH REGISTRATION WITH THE SEX OFFENDER REGISTRY
   10  OF SUCH OTHER STATE.
   11    (D) THAT THE GOVERNOR OF EACH STATE  MAY  DESIGNATE  AN  OFFICER  WHO,
   12  ACTING  JOINTLY  WITH  LIKE OFFICERS OF OTHER CONTRACTING STATES, IF AND
   13  WHEN APPOINTED, SHALL PROMULGATE SUCH RULES AND REGULATIONS  AS  MAY  BE
   14  DEEMED  NECESSARY  TO  MORE  EFFECTIVELY  CARRY  OUT  THE  TERMS OF THIS
   15  COMPACT.
   16    (E) THAT THIS COMPACT SHALL  BECOME  OPERATIVE  IMMEDIATELY  UPON  ITS
   17  RATIFICATION BY ANY STATE AS BETWEEN IT AND ANY OTHER STATE OR STATES SO
   18  RATIFYING.  WHEN RATIFIED IT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW
   19  WITHIN SUCH STATE, THE FORM OF RATIFICATION TO BE IN ACCORDANCE WITH THE
   20  LAWS OF THE RATIFYING STATE.
   21    (F)  THAT THIS COMPACT SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON
   22  EACH RATIFYING STATE UNTIL RENOUNCED BY IT. THE DUTIES  AND  OBLIGATIONS
   23  HEREUNDER  OF  A  RENOUNCING  STATE  SHALL  CONTINUE AS TO SEX OFFENDERS
   24  RESIDING THEREIN AT THE TIME OF WITHDRAWAL. RENUNCIATION OF THIS COMPACT
   25  SHALL BE BY THE SAME AUTHORITY WHICH RATIFIED IT, BY SENDING SIX MONTHS'
   26  NOTICE IN WRITING OF ITS INTENTION TO WITHDRAW FROM THE COMPACT  TO  THE
   27  OTHER STATES PARTY HERETO.
   28    2. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
   29  HAVE POWER AND SHALL BE CHARGED WITH THE DUTY OF PROMULGATING SUCH RULES
   30  AND  REGULATIONS  AS MAY BE DEEMED NECESSARY TO CARRY OUT THE TERMS OF A
   31  COMPACT ENTERED INTO BY THE STATE PURSUANT TO THIS SECTION.
   32    3. IF ANY SENTENCE, SUBDIVISION OR CLAUSE OF THIS SECTION IS  FOR  ANY
   33  REASON  HELD  INVALID OR TO BE UNCONSTITUTIONAL, SUCH DECISION SHALL NOT
   34  AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
   35    S 2. Paragraph a of subdivision 2 of section 168-b of  the  correction
   36  law,  as  amended by chapter 645 of the laws of 2005, is amended to read
   37  as follows:
   38    a. The division is authorized to make the registry  available  to  any
   39  STATE, regional or national registry of sex offenders for the purpose of
   40  sharing  information  AND  MONITORING  OR  ASCERTAINING  THE  STATUS AND
   41  LOCATION OF SEX OFFENDERS.   The division shall accept  files  from  any
   42  STATE,  regional  or  national  registry of sex offenders and shall make
   43  such files available when requested pursuant to the provisions  of  this
   44  article.
   45    S 3. This act shall take effect immediately.