Bill Text: NY A03754 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the correction law, in relation to lifetime probation and electronic monitoring of certain sexual offenders

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03754 Detail]

Download: New_York-2009-A03754-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3754
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M. of A. KOON, SCHIMMINGER, BENEDETTO, LUPARDO, GUNTHER,
         GALEF, EDDINGTON -- Multi-Sponsored by -- M.  of  A.  ABBATE,  ALFANO,
         BARRA,  BOYLAND, BOYLE, COLTON, COOK, DIAZ, ENGLEBRIGHT, MAGEE, ROBIN-
         SON, SCHROEDER, SEMINERIO, WEISENBERG -- read once and referred to the
         Committee on Correction
       AN ACT to amend the correction law, in relation  to  lifetime  probation
         and electronic monitoring of certain sexual offenders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 168-g of the correction law is amended by adding  a
    2  new subdivision 5 to read as follows:
    3    5.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, ANY
    4  SEX OFFENDER WHO IS CONVICTED OF MOLESTING A  CHILD  UNDER  THE  AGE  OF
    5  FOURTEEN,  AFTER  SUCH  SEX OFFENDER HAS SERVED JAIL TIME FOR A PREVIOUS
    6  SEXUAL OFFENSE AS DEFINED IN SUBDIVISION TWO OR  THREE  OF  SECTION  ONE
    7  HUNDRED  SIXTY-EIGHT-A  OF  THIS  ARTICLE,  SHALL BE SUBJECT TO LIFETIME
    8  PROBATION AND AN ELECTRONIC MONITORING DEVICE TO  BE  MONITORED  BY  THE
    9  DIVISION.
   10    S  2.  Subdivision 6 of section 168-l of the correction law is amended
   11  by adding a new paragraph (d) to read as follows:
   12    (D) IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, IF  THE  RISK
   13  OF  A  REPEAT  OFFENSE IS HIGH OR IF THE SEXUAL OFFENDER IS CONVICTED OF
   14  MOLESTING A CHILD UNDER THE AGE OF FOURTEEN AFTER SUCH  SEXUAL  OFFENDER
   15  HAS  SERVED JAIL TIME FOR A PREVIOUS SEXUAL OFFENSE AS DEFINED IN SUBDI-
   16  VISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF  THIS  ARTI-
   17  CLE,  SUCH  SEXUAL  OFFENDER  SHALL BE GRANTED LIFETIME PROBATION AND AN
   18  ELECTRONIC MONITORING DEVICE DISTRIBUTED AND MONITORED BY THE DIVISION.
   19    S 3. This act shall take effect on the ninetieth day  after  it  shall
   20  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02336-01-9