Bill Text: NY S01976 | 2011-2012 | General Assembly | Introduced
Bill Title: Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders; authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S01976 Detail]
Download: New_York-2011-S01976-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1976
2011-2012 Regular Sessions
I N S E N A T E
January 14, 2011
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
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 S 2. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
7 the correction law, paragraphs (a) and (b) as amended by chapter 106 of
8 the laws of 2006 and paragraph (c) as separately amended by chapters 318
9 and 680 of the laws of 2005, are amended to read as follows:
10 (a) If the risk of repeat offense is low, a level one designation
11 shall be given to such sex offender. In such case the law enforcement
12 agency or agencies having jurisdiction and the law enforcement agency or
13 agencies having had jurisdiction at the time of his or her conviction
14 shall be notified and may disseminate relevant information which may
15 include a photograph and description of the offender and which may
16 include the name of the sex offender, approximate address based on sex
17 offender's zip code, background information including the offender's
18 crime of conviction, modus of operation, type of victim targeted, the
19 name and address of any institution of higher education at which the sex
20 offender is enrolled, attends, is employed or resides and the
21 description of special conditions imposed on the offender to any entity
22 with vulnerable populations related to the nature of the offense commit-
23 ted by such sex offender. Any entity receiving information on a sex
24 offender may disclose or further disseminate such information at its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05810-01-1
S. 1976 2
1 discretion. IN ADDITION, IN EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
2 DER, A PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON
3 THE SEX OFFENDERS ZIP CODE SHALL ALSO BE PROVIDED IN THE DIRECTORY
4 ESTABLISHED IN THIS ARTICLE.
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, approx-
12 imate address based on sex offender's zip code, background information
13 including the offender's crime of conviction, mode of operation, type of
14 victim targeted, the name and address of any institution of higher
15 education at which the sex offender is enrolled, attends, is employed or
16 resides and the description of special conditions imposed on the offen-
17 der to any entity with vulnerable populations related to the nature of
18 the offense committed by such sex offender. Any entity receiving infor-
19 mation on a sex offender may disclose or further disseminate such infor-
20 mation at its discretion. In addition, in such case, the information
21 described [herein] IN THIS PARAGRAPH shall also be provided in the
22 [subdirectory] DIRECTORY established in this article and notwithstanding
23 any other provision of law, such information shall, upon request, be
24 made available to the public.
25 Such law enforcement agencies shall compile, maintain and update a
26 listing of vulnerable organizational entities within its jurisdiction.
27 Such listing shall be utilized for notification of such organizations in
28 disseminating such information on level two sex offenders pursuant to
29 this paragraph. Such listing shall include and not be limited to:
30 superintendents of schools or chief school administrators, superinten-
31 dents of parks, public and private libraries, public and private school
32 bus transportation companies, day care centers, nursery schools, pre-
33 schools, neighborhood watch groups, community centers, civic associ-
34 ations, nursing homes, victim's advocacy groups and places of worship.
35 (c) If the risk of repeat offense is high and there exists a threat to
36 the public safety a level three designation shall be given to such sex
37 offender. In such case, the law enforcement agency or agencies having
38 jurisdiction and the law enforcement agency or agencies having had
39 jurisdiction at the time of his or her conviction shall be notified and
40 may disseminate relevant information which shall include a photograph
41 and description of the offender and which may include the sex offender's
42 exact name and any aliases used by the offender, exact address, address
43 of the offender's place of employment, background information including
44 the offender's crime of conviction, mode of operation, type of victim
45 targeted, the name and address of any institution of higher education at
46 which the sex offender is enrolled, attends, is employed or resides and
47 the description of special conditions imposed on the offender to any
48 entity with vulnerable populations related to the nature of the offense
49 committed by such sex offender. Any entity receiving information on a
50 sex offender may disclose or further disseminate such information at its
51 discretion. In addition, in such case, the information described [here-
52 in] IN THIS PARAGRAPH shall also be provided in the [subdirectory]
53 DIRECTORY established in this article and notwithstanding any other
54 provision of law, such information shall, upon request, be made avail-
55 able to the public.
S. 1976 3
1 Such law enforcement agencies shall compile, maintain and update a
2 listing of vulnerable organizational entities within its jurisdiction.
3 Such listing shall be utilized for notification of such organizations in
4 disseminating such information on level three sex offenders pursuant to
5 this paragraph. Such listing shall include and not be limited to:
6 superintendents of schools or chief school administrators, superinten-
7 dents of parks, public and private libraries, public and private school
8 bus transportation companies, day care centers, nursery schools, pre-
9 schools, neighborhood watch groups, community centers, civic associ-
10 ations, nursing homes, victim's advocacy groups and places of worship.
11 S 3. The section heading and subdivision 1 of section 168-q of the
12 correction law, the section heading as amended by chapter 106 of the
13 laws of 2006 and subdivision 1 as amended by chapter 478 of the laws of
14 2009, are amended to read as follows:
15 [Subdirectory] DIRECTORY; internet posting. 1. The division shall
16 maintain a [subdirectory of level two and three sex offenders. The
17 subdirectory] DIRECTORY WHICH SHALL BE MADE AVAILABLE AT ALL TIMES ON
18 THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
19 (A) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL ONE
20 DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
21 PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE SEX
22 OFFENDER'S ZIP CODE.
23 (B) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL TWO OR
24 THREE DESIGNATION, THE DIRECTORY shall include the exact address,
25 address of the offender's place of employment and photograph of the sex
26 offender along with the following information, if available: name, phys-
27 ical description, age and distinctive markings. Background information
28 including the sex offender's crime of conviction, modus of operation,
29 type of victim targeted, the name and address of any institution of
30 higher education at which the sex offender is enrolled, attends, is
31 employed or resides and a description of special conditions imposed on
32 the sex offender shall also be included. [The subdirectory shall have
33 sex offender listings categorized by county and zip code. A copy of the
34 subdirectory shall annually be distributed to the offices of local
35 village, town, city, county or state law enforcement agencies for
36 purposes of public access. The division shall distribute monthly
37 updates to the offices of local village, town, city, county or state law
38 enforcement agencies for purposes of public access. Such departments]
39 (C) THE DIVISION shall require that a person [in writing] provide
40 [their] HIS OR HER name and address prior to viewing the [subdirectory]
41 DIRECTORY. Any information identifying the victim by name, birth date,
42 address or relation to the sex offender shall be excluded from the
43 [subdirectory distributed for purposes of public access. The subdirecto-
44 ry provided for herein shall be updated monthly to maintain its effi-
45 ciency and usefulness and shall be computer accessible. Such subdirecto-
46 ry shall be made available at all times on the internet via the division
47 homepage. Any person may apply to the division to receive automated
48 e-mail notifications whenever a new or updated subdirectory registration
49 occurs in a geographic area specified by such person. The division shall
50 furnish such service at no charge to such person, who shall request
51 e-mail notification by county and/or zip code on forms developed and
52 provided by the division. E-mail notification is limited to three
53 geographic areas per e-mail account] DIRECTORY.
54 (D) THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
55 ANY PERSON TO REGISTER TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC
56 MAIL ADDRESS OF ALL SEX OFFENDERS WHO RESIDE OR MOVE INTO THE AREA
S. 1976 4
1 ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
2 NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO THIS
3 PARAGRAPH OF EVERY SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
4 WHO MOVES INTO THE PERSON'S ZIP CODE. SUCH NOTICE SHALL INCLUDE ALL
5 INFORMATION AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
6 ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
7 S 4. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
