Bill Text: NY S01599 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires school districts, upon notification from law enforcement agencies, to notify persons in parental relation to its students, of level two and three sex offenders living in the district; apportions money to school districts for certain sex offender expenses.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S01599 Detail]

Download: New_York-2017-S01599-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1599                                                   A. 937
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 10, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed,  and  when  printed  to  be  committed  to  the Committee on Crime
          Victims, Crime and Correction
        IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
          to the Committee on Correction
        AN ACT to amend the correction law, in relation to required notification
          by school districts of sex offender residence; and to amend the educa-
          tion law, in relation to apportionment to school districts for certain
          expenses related to sex offender notification
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
     2  the correction law, paragraph (b) as amended by chapter 513 of the  laws
     3  of  2011 and paragraph (c) as separately amended by chapters 318 and 680
     4  of the laws of 2005, are amended to read as follows:
     5    (b) If the risk of repeat offense is moderate, a level two designation
     6  shall be given to such sex offender. In such case  the  law  enforcement
     7  agency or agencies having jurisdiction and the law enforcement agency or
     8  agencies  having  had  jurisdiction at the time of his or her conviction
     9  shall be notified and may disseminate relevant information  which  shall
    10  include  a  photograph  and  description  of  the offender and which may
    11  include the exact name and any aliases used by the sex  offender,  exact
    12  address,  background  information  including  the  offender's  crime  of
    13  conviction, mode of operation, type of victim  targeted,  the  name  and
    14  address of any institution of higher education at which the sex offender
    15  is  enrolled,  attends,  is  employed  or resides and the description of
    16  special conditions imposed on the offender to any entity with vulnerable
    17  populations related to the nature of the offense committed by  such  sex
    18  offender.  Any  entity  receiving  information  on  a  sex  offender may
    19  disclose or further disseminate  such  information  at  its  discretion,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02102-01-7
        S. 1599                             2                             A. 937
     1  provided,  however, that school districts, upon receipt of such informa-
     2  tion by the district superintendent or chief school administrator, shall
     3  disseminate such information  to  the  person  or  persons  in  parental
     4  relation,  as defined in subdivision ten of section two of the education
     5  law, of each of its students within such school district.  In  addition,
     6  in  such  case, the information described [herein] in this section shall
     7  also be provided in the subdirectory established  in  this  article  and
     8  notwithstanding any other provision of law, such information shall, upon
     9  request, be made available to the public.
    10    Such  law  enforcement  agencies  shall compile, maintain and update a
    11  listing of vulnerable organizational entities within  its  jurisdiction.
    12  Such listing shall be utilized for notification of such organizations in
    13  disseminating  such  information  on level two sex offenders pursuant to
    14  this paragraph. Such listing  shall  include  and  not  be  limited  to:
    15  superintendents  of  schools or chief school administrators, superinten-
    16  dents of parks, public and private libraries, public and private  school
    17  bus  transportation  companies,  day care centers, nursery schools, pre-
    18  schools, neighborhood watch groups,  community  centers,  civic  associ-
    19  ations, nursing homes, victim's advocacy groups and places of worship.
    20    (c) If the risk of repeat offense is high and there exists a threat to
    21  the  public  safety a level three designation shall be given to such sex
    22  offender. In such case, the law enforcement agency  or  agencies  having
    23  jurisdiction  and  the  law  enforcement  agency  or agencies having had
    24  jurisdiction at the time of his or her conviction shall be notified  and
    25  may  disseminate  relevant  information which shall include a photograph
    26  and description of the offender and which may include the sex offender's
    27  exact name and any aliases used by the offender, exact address,  address
    28  of  the offender's place of employment, background information including
    29  the offender's crime of conviction, mode of operation,  type  of  victim
    30  targeted, the name and address of any institution of higher education at
    31  which  the sex offender is enrolled, attends, is employed or resides and
    32  the description of special conditions imposed on  the  offender  to  any
    33  entity  with vulnerable populations related to the nature of the offense
    34  committed by such sex offender. Any entity receiving  information  on  a
    35  sex offender may disclose or further disseminate such information at its
    36  discretion,  provided,  however,  that school districts, upon receipt of
    37  such information by the district superintendent or chief school adminis-
    38  trator, shall disseminate such information to the person or  persons  in
    39  parental  relation,  as defined in subdivision ten of section two of the
    40  education law, of each of its students within such school  district.  In
    41  addition,  in  such  case,  the  information  described [herein] in this
    42  section shall also be provided in the subdirectory established  in  this
    43  article and notwithstanding any other provision of law, such information
    44  shall, upon request, be made available to the public.
    45    Such  law  enforcement  agencies  shall compile, maintain and update a
    46  listing of vulnerable organizational entities within  its  jurisdiction.
    47  Such listing shall be utilized for notification of such organizations in
    48  disseminating  such information on level three sex offenders pursuant to
    49  this paragraph. Such listing  shall  include  and  not  be  limited  to:
    50  superintendents  of  schools or chief school administrators, superinten-
    51  dents of parks, public and private libraries, public and private  school
    52  bus  transportation  companies,  day care centers, nursery schools, pre-
    53  schools, neighborhood watch groups,  community  centers,  civic  associ-
    54  ations, nursing homes, victim's advocacy groups and places of worship.
    55    § 2. The education law is amended by adding a new section 3605 to read
    56  as follows:
        S. 1599                             3                             A. 937
     1    §  3605.  Apportionment for certain mailing expenses. The commissioner
     2  shall apportion funds to reimburse school districts for monies  expended
     3  in the mailing of notices to the person or persons in parental relation,
     4  as defined in subdivision ten of section two of this chapter, of each of
     5  its  students  regarding the presence of registered sex offenders within
     6  such school districts.
     7    § 3. This act shall take effect on the first of July  next  succeeding
     8  the  date  on  which  it  shall  have  become  a law, and shall apply to
     9  expenses incurred by school districts after such effective date.