Bill Text: NY A06019 | 2015-2016 | General Assembly | Amended
Bill Title: Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-05-03 - print number 6019a [A06019 Detail]
Download: New_York-2015-A06019-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6019--A 2015-2016 Regular Sessions IN ASSEMBLY March 10, 2015 ___________ Introduced by M. of A. SIMOTAS, MILLER, HOOPER -- Multi-Sponsored by -- M. of A. CERETTO, CROUCH, RAIA -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to the registration of sex offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 168-b of the correction law, as 2 amended by chapter 106 of the laws of 2006, is amended to read as 3 follows: 4 6. The division shall also establish a [subdirectory] directory pursu- 5 ant to section one hundred sixty-eight-q of this article. 6 § 2. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of 7 the correction law, paragraph (a) as amended by chapter 106 of the laws 8 of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and 9 paragraph (c) as separately amended by chapters 318 and 680 of the laws 10 of 2005, are amended to read as follows: 11 (a) If the risk of repeat offense is low, a level one designation 12 shall be given to such sex offender. In such case the law enforcement 13 agency or agencies having jurisdiction and the law enforcement agency or 14 agencies having had jurisdiction at the time of his or her conviction 15 shall be notified and may disseminate relevant information which may 16 include a photograph and description of the offender and which may 17 include the name of the sex offender, approximate address based on sex 18 offender's zip code, background information including the offender's 19 crime of conviction, modus of operation, type of victim targeted, the 20 name and address of any institution of higher education at which the sex 21 offender is enrolled, attends, is employed or resides and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09583-03-6A. 6019--A 2 1 description of special conditions imposed on the offender to any entity 2 with vulnerable populations related to the nature of the offense commit- 3 ted by such sex offender. Any entity receiving information on a sex 4 offender may disclose or further disseminate such information at its 5 discretion. In addition, in each such case, the name of the sex offen- 6 der, a photograph of the sex offender and approximate address based on 7 the sex offender's zip code shall also be provided in the directory 8 established in this article. 9 (b) If the risk of repeat offense is moderate, a level two designation 10 shall be given to such sex offender. In such case the law enforcement 11 agency or agencies having jurisdiction and the law enforcement agency or 12 agencies having had jurisdiction at the time of his or her conviction 13 shall be notified and may disseminate relevant information which shall 14 include a photograph and description of the offender and which may 15 include the exact name and any aliases used by the sex offender, exact 16 address, background information including the offender's crime of 17 conviction, mode of operation, type of victim targeted, the name and 18 address of any institution of higher education at which the sex offender 19 is enrolled, attends, is employed or resides and the description of 20 special conditions imposed on the offender to any entity with vulnerable 21 populations related to the nature of the offense committed by such sex 22 offender. Any entity receiving information on a sex offender may 23 disclose or further disseminate such information at its discretion. In 24 addition, in such case, the information described [herein] in this para- 25 graph shall also be provided in the [subdirectory] directory established 26 in this article and notwithstanding any other provision of law, such 27 information shall, upon request, be made available to the public. 28 Such law enforcement agencies shall compile, maintain and update a 29 listing of vulnerable organizational entities within its jurisdiction. 30 Such listing shall be utilized for notification of such organizations in 31 disseminating such information on level two sex offenders pursuant to 32 this paragraph. Such listing shall include and not be limited to: 33 superintendents of schools or chief school administrators, superinten- 34 dents of parks, public and private libraries, public and private school 35 bus transportation companies, day care centers, nursery schools, pre- 36 schools, neighborhood watch groups, community centers, civic associ- 37 ations, nursing homes, victim's advocacy groups and places of worship. 38 (c) If the risk of repeat offense is high and there exists a threat to 39 the public safety a level three designation shall be given to such sex 40 offender. In such case, the law enforcement agency or agencies having 41 jurisdiction and the law enforcement agency or agencies having had 42 jurisdiction at the time of his or her conviction shall be notified and 43 may disseminate relevant information which shall include a photograph 44 and description of the offender and which may include the sex offender's 45 exact name and any aliases used by the offender, exact address, address 46 of the offender's place of employment, background information including 47 the offender's crime of conviction, mode of operation, type of victim 48 targeted, the name and address of any institution of higher education at 49 which the sex offender is enrolled, attends, is employed or resides and 50 the description of special conditions imposed on the offender to any 51 entity with vulnerable populations related to the nature of the offense 52 committed by such sex offender. Any entity receiving information on a 53 sex offender may disclose or further disseminate such information at its 54 discretion. In addition, in such case, the information described [here-55in] in this paragraph shall also be provided in the [subdirectory] 56 directory established in this article and notwithstanding any otherA. 6019--A 3 1 provision of law, such information shall, upon request, be made avail- 2 able to the public. 3 Such law enforcement agencies shall compile, maintain and update a 4 listing of vulnerable organizational entities within its jurisdiction. 5 Such listing shall be utilized for notification of such organizations in 6 disseminating such information on level three sex offenders pursuant to 7 this paragraph. Such listing shall include and not be limited to: 8 superintendents of schools or chief school administrators, superinten- 9 dents of parks, public and private libraries, public and private school 10 bus transportation companies, day care centers, nursery schools, pre- 11 schools, neighborhood watch groups, community centers, civic associ- 12 ations, nursing homes, victim's advocacy groups and places of worship. 13 § 3. Section 168-q of the correction law, as added by chapter 192 of 14 the laws of 1995, the section heading as amended by chapter 106 of the 15 laws of 2006, subdivision 1 as amended by chapter 462 of the laws of 16 2014, is amended to read as follows: 17 § 168-q. [Subdirectory] Directory; internet posting. 1. The division 18 shall maintain a [subdirectory of level two and three] directory of sex 19 offenders[. The subdirectory] which shall be made available at all times 20 on the internet via the division homepage for purposes of public access. 21 (a) In the case of a sex offender who has been given a level one 22 designation, the directory shall include the name of the sex offender, a 23 photograph of the sex offender and approximate address based on the sex 24 offender's zip code. 25 (b) In the case of a sex offender who has been given a level two or 26 three designation, the directory shall include the exact address, 27 address of the offender's place of employment and photograph of the sex 28 offender along with the following information, if available: name, phys- 29 ical description, age and distinctive markings. Background information 30 including all of the sex offender's crimes of conviction that require 31 him or her to register pursuant to this article, modus of operation, 32 type of victim targeted, the name and address of any institution of 33 higher education at which the sex offender is enrolled, attends, is 34 employed or resides and a description of special conditions imposed on 35 the sex offender shall also be included. The [subdirectory] directory 36 shall have sex offender listings categorized by county and zip code. 37 Such [subdirectory] directory shall be made available at all times on 38 the internet via the division homepage. Any person may apply to the 39 division to receive automated e-mail notifications whenever a new or 40 updated [subdirectory] directory registration occurs in a geographic 41 area specified by such person. The division shall furnish such service 42 at no charge to such person, who shall request e-mail notification by 43 county and/or zip code on forms developed and provided by the division. 44 E-mail notification is limited to three geographic areas per e-mail 45 account. 46 2. Any person who uses information disclosed pursuant to this section 47 in violation of the law shall in addition to any other penalty or fine 48 imposed, be subject to a fine of not less than five hundred dollars and 49 not more than one thousand dollars. Unauthorized removal or duplication 50 of the [subdirectory] directory from the offices of local, village or 51 city police department shall be punishable by a fine not to exceed one 52 thousand dollars. In addition, the attorney general, any district attor- 53 ney, or any person aggrieved is authorized to bring a civil action in 54 the appropriate court requesting preventive relief, including an appli- 55 cation for a permanent or temporary injunction, restraining order, or 56 other order against the person or group of persons responsible for suchA. 6019--A 4 1 action. The foregoing remedies shall be independent of any other reme- 2 dies or procedures that may be available to an aggrieved party under 3 other provisions of law. 4 § 4. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law.
