Bill Text: NY S01976 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1976--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
         and when printed to be committed to the Committee  on  Crime  Victims,
         Crime and Correction -- recommitted to the Committee on Crime Victims,
         Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
         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    S 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.
                                                                  LBD05810-02-1
       S. 1976--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 OFFENDERS 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-
   55  in] IN THIS PARAGRAPH shall  also  be  provided  in  the  [subdirectory]
   56  DIRECTORY  established  in  this  article  and notwithstanding any other
       S. 1976--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    S  3.  The  section  heading and subdivision 1 of section 168-q of the
   14  correction law, the section heading as amended by  chapter  106  of  the
   15  laws  of 2006 and subdivision 1 as amended by chapter 532 of the laws of
   16  2011, are amended to read as follows:
   17    [Subdirectory] DIRECTORY; internet posting.   1.  The  division  shall
   18  maintain  a  [subdirectory  of  level  two  and three sex offenders. The
   19  subdirectory] DIRECTORY WHICH SHALL BE MADE AVAILABLE AT  ALL  TIMES  ON
   20  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  the  sex  offender's crime of conviction, modus of operation,
   31  type of victim targeted, the name and  address  of  any  institution  of
   32  higher  education  at  which  the  sex offender is enrolled, attends, is
   33  employed or resides and a description of special conditions  imposed  on
   34  the  sex  offender  shall also be included. [The subdirectory shall have
   35  sex offender listings categorized by county and zip code. Such subdirec-
   36  tory shall be made available at all times on the internet via the  divi-
   37  sion homepage. Any person may apply to the division to receive automated
   38  e-mail notifications whenever a new or updated subdirectory registration
   39  occurs in a geographic area specified by such person. The division shall
   40  furnish  such  service  at  no  charge to such person, who shall request
   41  e-mail notification by county and/or zip code  on  forms  developed  and
   42  provided  by  the  division.  E-mail  notification  is  limited to three
   43  geographic areas per e-mail account.]
   44    (C) THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS  FOR
   45  ANY  PERSON  TO  REGISTER  TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC
   46  MAIL ADDRESS OF ALL SEX OFFENDERS WHO  RESIDE  OR  MOVE  INTO  THE  AREA
   47  ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
   48  NOTICE  BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO THIS
   49  PARAGRAPH OF EVERY SEX OFFENDER RESIDING IN AND OF  EVERY  SEX  OFFENDER
   50  WHO  MOVES  INTO  THE  PERSON'S  ZIP CODE. SUCH NOTICE SHALL INCLUDE ALL
   51  INFORMATION AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER  PURSU-
   52  ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   53    S 4. This act shall take effect on the one hundred eightieth day after
   54  it shall have become a law.