Bill Text: NY S02386 | 2015-2016 | General Assembly | Amended


Bill Title: Requires registered sex offenders to personally appear annually, within thirty days of the anniversary of their initial registration date, at the law enforcement agency having jurisdiction for the purpose of having a photograph taken; failure to so appear shall constitute a class A misdemeanor; such agency shall forward a copy of the photograph to the division of criminal justice services, along with the date the photograph was taken; requires disclosure of the date that a photograph of a sex offender was taken.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-06-15 - referred to correction [S02386 Detail]

Download: New_York-2015-S02386-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2386--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction -- 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; and to repeal paragraphs (b-2) and (b-3) of subdivision
         2 of section 168-f of such law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of  subdivision 1 of section 168-b of the
    2  correction law, as amended by section 1 of part O of chapter 56  of  the
    3  laws of 2005, is amended to read as follows:
    4    (b)  A  photograph,  INCLUDING  THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF
    5  KNOWN, and set of fingerprints. [For a sex offender given a level  three
    6  designation, the] THE division shall, during the period of registration,
    7  update such photograph once each year FOR EVERY SEX OFFENDER. [For a sex
    8  offender given a level one or level two designation, the division shall,
    9  during  the  period  of  registration, update such photograph once every
   10  three years.] The division shall notify the sex offender by mail of  the
   11  duty  to  appear  and  be  photographed at the specified law enforcement
   12  agency having jurisdiction. Such notification shall be mailed  at  least
   13  thirty  days  and  not  more  than  sixty  days before the photograph is
   14  required to be taken pursuant to subdivision two of section one  hundred
   15  sixty-eight-f of this article.
   16    S  2.  Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of
   17  the correction law are REPEALED and a new paragraph (b-2)  is  added  to
   18  read as follows:
   19    (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
   20  SEX  OFFENDER'S  INITIAL  REGISTRATION  DATE,  THE  SEX  OFFENDER  SHALL
   21  PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  FOR
   22  THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07619-03-5
       S. 2386--A                          2
    1  TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
    2  WHICH  THE  SEX  OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL
    3  FACILITY, HOSPITAL OR INSTITUTION AND SHALL  IMMEDIATELY  RECOMMENCE  ON
    4  THE DATE OF THE SEX OFFENDER'S RELEASE.
    5    S  3.  Paragraph  (c-1)  of  subdivision  2  of  section  168-f of the
    6  correction law, as added by section 2 of part O of  chapter  56  of  the
    7  laws of 2005, is amended to read as follows:
    8    (c-1)  If  the  sex  offender, to whom a notice has been mailed at the
    9  last reported address pursuant to paragraph [b] (B) of  subdivision  one
   10  of   section  one  hundred  sixty-eight-b  of  this  article,  fails  to
   11  personally appear at the law enforcement agency having jurisdiction,  as
   12  provided  in  paragraph  (b-2)  [or  (b-3)]  of this subdivision, within
   13  [twenty] THIRTY days of the anniversary of the  sex  offender's  initial
   14  registration,  or  an alternate later date scheduled by the law enforce-
   15  ment agency having jurisdiction, he or she shall be in violation of this
   16  section. The duty to personally appear for such updated photograph shall
   17  be temporarily suspended during any period in which the sex offender  is
   18  confined  in  any  hospital  or institution, and such sex offender shall
   19  personally appear for such updated photograph no later than ninety  days
   20  after  release  from such hospital or institution, or an alternate later
   21  date scheduled by the law enforcement agency having jurisdiction.
   22    S 4. Section 168-j of the correction law is amended by  adding  a  new
   23  subdivision 6 to read as follows:
   24    6.  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
   25  SEX OFFENDER WHO PERSONALLY  APPEARS  PURSUANT  TO  PARAGRAPH  (B-2)  OF
   26  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
   27  SHALL  PROMPTLY  FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
   28  WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
   29    S 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l  of  the
   30  correction  law,  paragraph (b) as amended by chapter 513 of the laws of
   31  2011 and paragraph (c) as separately amended by chapters 318 and 680  of
   32  the laws of 2005, are amended to read as follows:
   33    (b) If the risk of repeat offense is moderate, a level two designation
   34  shall  be  given  to such sex offender. In such case the law enforcement
   35  agency or agencies having jurisdiction and the law enforcement agency or
   36  agencies having had jurisdiction at the time of his  or  her  conviction
   37  shall  be  notified and may disseminate relevant information which shall
   38  include a photograph, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS  TAKEN  IF
   39  KNOWN,  and  description of the offender and which may include the exact
   40  name and any aliases used by the sex offender, exact address, background
   41  information including the offender's crime of conviction, mode of opera-
   42  tion, type of victim targeted, the name and address of  any  institution
   43  of  higher  education at which the sex offender is enrolled, attends, is
   44  employed or resides and the description of special conditions imposed on
   45  the offender to any entity with vulnerable populations  related  to  the
   46  nature of the offense committed by such sex offender. Any entity receiv-
   47  ing  information  on  a sex offender may disclose or further disseminate
   48  such information at its discretion.  In  addition,  in  such  case,  the
   49  information  described herein shall also be provided in the subdirectory
   50  established in this article and notwithstanding any other  provision  of
   51  law,  such  information  shall,  upon  request, be made available to the
   52  public.
   53    Such law enforcement agencies shall compile,  maintain  and  update  a
   54  listing  of  vulnerable organizational entities within its jurisdiction.
   55  Such listing shall be utilized for notification of such organizations in
   56  disseminating such information on level two sex  offenders  pursuant  to
       S. 2386--A                          3
    1  this  paragraph.  Such  listing  shall  include  and  not be limited to:
    2  superintendents of schools or chief school  administrators,  superinten-
    3  dents  of parks, public and private libraries, public and private school
    4  bus  transportation  companies,  day care centers, nursery schools, pre-
    5  schools, neighborhood watch groups,  community  centers,  civic  associ-
    6  ations, nursing homes, victim's advocacy groups and places of worship.
    7    (c) If the risk of repeat offense is high and there exists a threat to
    8  the  public  safety a level three designation shall be given to such sex
    9  offender. In such case, the law enforcement agency  or  agencies  having
   10  jurisdiction  and  the  law  enforcement  agency  or agencies having had
   11  jurisdiction at the time of his or her conviction shall be notified  and
   12  may  disseminate  relevant information which shall include a photograph,
   13  ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, and  description
   14  of  the offender and which may include the sex offender's exact name and
   15  any aliases  used  by  the  offender,  exact  address,  address  of  the
   16  offender's  place  of  employment,  background information including the
   17  offender's crime of  conviction,  mode  of  operation,  type  of  victim
   18  targeted, the name and address of any institution of higher education at
   19  which  the sex offender is enrolled, attends, is employed or resides and
   20  the description of special conditions imposed on  the  offender  to  any
   21  entity  with vulnerable populations related to the nature of the offense
   22  committed by such sex offender. Any entity receiving  information  on  a
   23  sex offender may disclose or further disseminate such information at its
   24  discretion.  In addition, in such case, the information described herein
   25  shall also be provided in the subdirectory established in  this  article
   26  and  notwithstanding any other provision of law, such information shall,
   27  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 three 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    S 6. Subdivision 1 of section 168-q of the correction law, as  amended
   39  by chapter 462 of the laws of 2014, is amended to read as follows:
   40    1.  The  division shall maintain a subdirectory of level two and three
   41  sex offenders. The subdirectory shall include the exact address, address
   42  of the  offender's  place  of  employment  and  photograph  of  the  sex
   43  offender,  ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along
   44  with  the  following   information,   if   available:   name,   physical
   45  description,   age  and  distinctive  markings.  Background  information
   46  including all of the sex offender's crimes of  conviction  that  require
   47  him  or  her  to  register pursuant to this article, modus of operation,
   48  type of victim targeted, the name and  address  of  any  institution  of
   49  higher  education  at  which  the  sex offender is enrolled, attends, is
   50  employed or resides and a description of special conditions  imposed  on
   51  the sex offender shall also be included. The subdirectory shall have sex
   52  offender  listings categorized by county and zip code. Such subdirectory
   53  shall be made available at all times on the internet  via  the  division
   54  homepage.  Any  person  may  apply  to the division to receive automated
   55  e-mail notifications whenever a new or updated subdirectory registration
   56  occurs in a geographic area specified by such person. The division shall
       S. 2386--A                          4
    1  furnish such service at no charge to  such  person,  who  shall  request
    2  e-mail  notification  by  county  and/or zip code on forms developed and
    3  provided by the  division.  E-mail  notification  is  limited  to  three
    4  geographic areas per e-mail account.
    5    S 7. This act shall take effect on the one hundred twentieth day after
    6  it shall have become a law.
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