Bill Text: NY S02616 | 2019-2020 | General Assembly | Introduced

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Bill Title: Directs the division of criminal justice services to annually provide a list of all level 2 and 3 sex offenders residing in a county, to the residents of such county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02616 Detail]

Download: New_York-2019-S02616-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2616
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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 requiring the divi-
          sion of criminal justice services to provide the name and  address  of
          each  level  two  and  level three sex offender to each adult resident
          residing in the county in which such sex offender resides
          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. In
    20  addition, in such case, the information described herein shall  also  be
    21  provided  in  the  subdirectory established in this article and notwith-
    22  standing any other  provision  of  law,  such  information  shall,  upon
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07376-01-9
        S. 2616                             2
     1  request,  be  made available to the public.  Provided, further, that the
     2  division shall, on or before February fifteenth each year,  provide  and
     3  deliver,  by  mail, to each adult resident of each county, a list of the
     4  name and address of every sex offender residing in such county.
     5    Such  law  enforcement  agencies  shall compile, maintain and update a
     6  listing of vulnerable organizational entities within  its  jurisdiction.
     7  Such listing shall be utilized for notification of such organizations in
     8  disseminating  such  information  on level two sex offenders pursuant to
     9  this paragraph. Such listing  shall  include  and  not  be  limited  to:
    10  superintendents  of  schools or chief school administrators, superinten-
    11  dents of parks, public and private libraries, public and private  school
    12  bus  transportation  companies,  day care centers, nursery schools, pre-
    13  schools, neighborhood watch groups,  community  centers,  civic  associ-
    14  ations, nursing homes, victim's advocacy groups and places of worship.
    15    (c) If the risk of repeat offense is high and there exists a threat to
    16  the  public  safety a level three designation shall be given to such sex
    17  offender. In such case, the law enforcement agency  or  agencies  having
    18  jurisdiction  and  the  law  enforcement  agency  or agencies having had
    19  jurisdiction at the time of his or her conviction shall be notified  and
    20  may  disseminate  relevant  information which shall include a photograph
    21  and description of the offender and which may include the sex offender's
    22  exact name and any aliases used by the offender, exact address,  address
    23  of  the offender's place of employment, background information including
    24  the offender's crime of conviction, mode of operation,  type  of  victim
    25  targeted, the name and address of any institution of higher education at
    26  which  the sex offender is enrolled, attends, is employed or resides and
    27  the description of special conditions imposed on  the  offender  to  any
    28  entity  with vulnerable populations related to the nature of the offense
    29  committed by such sex offender. Any entity receiving  information  on  a
    30  sex offender may disclose or further disseminate such information at its
    31  discretion.  In addition, in such case, the information described herein
    32  shall also be provided in the subdirectory established in  this  article
    33  and  notwithstanding any other provision of law, such information shall,
    34  upon request, be made available to the public.  Provided, further,  that
    35  the  division  shall, on or before February fifteenth each year, provide
    36  and deliver, by mail, to each adult resident of each county, a  list  of
    37  the name and address of every sex offender residing in such county.
    38    Such  law  enforcement  agencies  shall compile, maintain and update a
    39  listing of vulnerable organizational entities within  its  jurisdiction.
    40  Such listing shall be utilized for notification of such organizations in
    41  disseminating  such information on level three sex offenders pursuant to
    42  this paragraph. Such listing  shall  include  and  not  be  limited  to:
    43  superintendents  of  schools or chief school administrators, superinten-
    44  dents of parks, public and private libraries, public and private  school
    45  bus  transportation  companies,  day care centers, nursery schools, pre-
    46  schools, neighborhood watch groups,  community  centers,  civic  associ-
    47  ations, nursing homes, victim's advocacy groups and places of worship.
    48    §  2. This act shall take effect on the first of January next succeed-
    49  ing the date on which it shall have become a law.