Bill Text: NY S02477 | 2017-2018 | General Assembly | Introduced
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) 2018-06-13 - referred to correction [S02477 Detail]
Download: New_York-2017-S02477-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2477 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ 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; 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 three6designation, the] The division shall, during the period of registration, 7 update such photograph once each year for every sex offender. [For a sex8offender given a level one or level two designation, the division shall,9during the period of registration, update such photograph once every10three 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 § 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 Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of 17 the correction law are REPEALED and a new paragraph (b-2) is added to 18 read as follows: 19 (b-2) No later than thirty calendar days after each anniversary of the 20 sex offender's initial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 23 to personally appear shall be temporarily suspended during any period in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04543-01-7S. 2477 2 1 which the sex offender is confined to any state or local correctional 2 facility, hospital or institution and shall immediately recommence on 3 the date of the sex offender's release. 4 § 3. Paragraph (c-1) of subdivision 2 of section 168-f of the 5 correction law, as added by section 2 of part O of chapter 56 of the 6 laws of 2005, is amended to read as follows: 7 (c-1) If the sex offender, to whom a notice has been mailed at the 8 last reported address pursuant to paragraph [b] (b) of subdivision one 9 of section one hundred sixty-eight-b of this article, fails to 10 personally appear at the law enforcement agency having jurisdiction, as 11 provided in paragraph (b-2) [or (b-3)] of this subdivision, within 12 [twenty] thirty days of the anniversary of the sex offender's initial 13 registration, or an alternate later date scheduled by the law enforce- 14 ment agency having jurisdiction, he or she shall be in violation of this 15 section. The duty to personally appear for such updated photograph shall 16 be temporarily suspended during any period in which the sex offender is 17 confined in any hospital or institution, and such sex offender shall 18 personally appear for such updated photograph no later than ninety days 19 after release from such hospital or institution, or an alternate later 20 date scheduled by the law enforcement agency having jurisdiction. 21 § 4. Section 168-j of the correction law is amended by adding a new 22 subdivision 6 to read as follows: 23 6. The law enforcement agency having jurisdiction shall photograph a 24 sex offender who personally appears pursuant to paragraph (b-2) of 25 subdivision two of section one hundred sixty-eight-f of this article and 26 shall promptly forward a copy of such photograph to the division along 27 with the date the photograph was taken. 28 § 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l of the 29 correction law, paragraph (b) as amended by chapter 513 of the laws of 30 2011 and paragraph (c) as separately amended by chapters 318 and 680 of 31 the laws of 2005, are amended to read as follows: 32 (b) If the risk of repeat offense is moderate, a level two designation 33 shall be given to such sex offender. In such case the law enforcement 34 agency or agencies having jurisdiction and the law enforcement agency or 35 agencies having had jurisdiction at the time of his or her conviction 36 shall be notified and may disseminate relevant information which shall 37 include a photograph, along with the date such photograph was taken if 38 known, and description of the offender and which may include the exact 39 name and any aliases used by the sex offender, exact address, background 40 information including the offender's crime of conviction, mode of opera- 41 tion, type of victim targeted, the name and address of any institution 42 of higher education at which the sex offender is enrolled, attends, is 43 employed or resides and the description of special conditions imposed on 44 the offender to any entity with vulnerable populations related to the 45 nature of the offense committed by such sex offender. Any entity receiv- 46 ing information on a sex offender may disclose or further disseminate 47 such information at its discretion. In addition, in such case, the 48 information described herein shall also be provided in the subdirectory 49 established in this article and notwithstanding any other provision of 50 law, such information shall, upon request, be made available to the 51 public. 52 Such law enforcement agencies shall compile, maintain and update a 53 listing of vulnerable organizational entities within its jurisdiction. 54 Such listing shall be utilized for notification of such organizations in 55 disseminating such information on level two sex offenders pursuant to 56 this paragraph. Such listing shall include and not be limited to:S. 2477 3 1 superintendents of schools or chief school administrators, superinten- 2 dents of parks, public and private libraries, public and private school 3 bus transportation companies, day care centers, nursery schools, pre- 4 schools, neighborhood watch groups, community centers, civic associ- 5 ations, nursing homes, victim's advocacy groups and places of worship. 6 (c) If the risk of repeat offense is high and there exists a threat to 7 the public safety a level three designation shall be given to such sex 8 offender. In such case, the law enforcement agency or agencies having 9 jurisdiction and the law enforcement agency or agencies having had 10 jurisdiction at the time of his or her conviction shall be notified and 11 may disseminate relevant information which shall include a photograph, 12 along with the date such photograph was taken if known, and description 13 of the offender and which may include the sex offender's exact name and 14 any aliases used by the offender, exact address, address of the 15 offender's place of employment, background information including the 16 offender's crime of conviction, mode of operation, type of victim 17 targeted, the name and address of any institution of higher education at 18 which the sex offender is enrolled, attends, is employed or resides and 19 the description of special conditions imposed on the offender to any 20 entity with vulnerable populations related to the nature of the offense 21 committed by such sex offender. Any entity receiving information on a 22 sex offender may disclose or further disseminate such information at its 23 discretion. In addition, in such case, the information described herein 24 shall also be provided in the subdirectory established in this article 25 and notwithstanding any other provision of law, such information shall, 26 upon request, be made available to the public. 27 Such law enforcement agencies shall compile, maintain and update a 28 listing of vulnerable organizational entities within its jurisdiction. 29 Such listing shall be utilized for notification of such organizations in 30 disseminating such information on level three sex offenders pursuant to 31 this paragraph. Such listing shall include and not be limited to: 32 superintendents of schools or chief school administrators, superinten- 33 dents of parks, public and private libraries, public and private school 34 bus transportation companies, day care centers, nursery schools, pre- 35 schools, neighborhood watch groups, community centers, civic associ- 36 ations, nursing homes, victim's advocacy groups and places of worship. 37 § 6. Subdivision 1 of section 168-q of the correction law, as amended 38 by chapter 462 of the laws of 2014, is amended to read as follows: 39 1. The division shall maintain a subdirectory of level two and three 40 sex offenders. The subdirectory shall include the exact address, address 41 of the offender's place of employment and photograph of the sex 42 offender, along with the date such photograph was taken if known, along 43 with the following information, if available: name, physical 44 description, age and distinctive markings. Background information 45 including all of the sex offender's crimes of conviction that require 46 him or her to register pursuant to this article, modus of operation, 47 type of victim targeted, the name and address of any institution of 48 higher education at which the sex offender is enrolled, attends, is 49 employed or resides and a description of special conditions imposed on 50 the sex offender shall also be included. The subdirectory shall have sex 51 offender listings categorized by county and zip code. Such subdirectory 52 shall be made available at all times on the internet via the division 53 homepage. Any person may apply to the division to receive automated 54 e-mail notifications whenever a new or updated subdirectory registration 55 occurs in a geographic area specified by such person. The division shall 56 furnish such service at no charge to such person, who shall requestS. 2477 4 1 e-mail notification by county and/or zip code on forms developed and 2 provided by the division. E-mail notification is limited to three 3 geographic areas per e-mail account. 4 § 7. This act shall take effect on the one hundred twentieth day after 5 it shall have become a law.
