Bill Text: NY S03029 | 2019-2020 | 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03029 Detail]
Download: New_York-2019-S03029-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3029 2019-2020 Regular Sessions IN SENATE January 31, 2019 ___________ Introduced by Sen. FUNKE -- 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 § 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 22 description of special conditions imposed on the offender to any entity 23 with vulnerable populations related to the nature of the offense commit- 24 ted by such sex offender. Any entity receiving information on a sex EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01472-01-9S. 3029 2 1 offender may disclose or further disseminate such information at its 2 discretion. In addition, in each such case, the name of the sex offen- 3 der, a photograph of the sex offender and approximate address based on 4 the sex offender's zip code shall also be provided in the directory 5 established in this article. 6 (b) If the risk of repeat offense is moderate, a level two designation 7 shall be given to such sex offender. In such case the law enforcement 8 agency or agencies having jurisdiction and the law enforcement agency or 9 agencies having had jurisdiction at the time of his or her conviction 10 shall be notified and may disseminate relevant information which shall 11 include a photograph and description of the offender and which may 12 include the exact name and any aliases used by the sex offender, exact 13 address, background information including the offender's crime of 14 conviction, mode of operation, type of victim targeted, the name and 15 address of any institution of higher education at which the sex offender 16 is enrolled, attends, is employed or resides and the description of 17 special conditions imposed on the offender to any entity with vulnerable 18 populations related to the nature of the offense committed by such sex 19 offender. Any entity receiving information on a sex offender may 20 disclose or further disseminate such information at its discretion. In 21 addition, in such case, the information described [herein] in this para- 22 graph shall also be provided in the [subdirectory] directory established 23 in this article and notwithstanding any other provision of law, such 24 information shall, upon request, be 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-52in] 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. 3029 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 § 3. Section 168-q of the correction law, as added by chapter 192 of 12 the laws of 1995, the section heading as amended by chapter 106 of the 13 laws of 2006, subdivision 1 as amended by chapter 462 of the laws of 14 2014, is amended to read as follows: 15 § 168-q. [Subdirectory] Directory; internet posting. 1. The division 16 shall maintain a [subdirectory of level two and three] directory of sex 17 offenders[. The subdirectory] which shall be made available at all times 18 on 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 all of the sex offender's crimes of conviction that require 29 him or her to register pursuant to this article, modus of operation, 30 type of victim targeted, the name and address of any institution of 31 higher education at which the sex offender is enrolled, attends, is 32 employed or resides and a description of special conditions imposed on 33 the sex offender shall also be included. The [subdirectory] directory 34 shall have sex offender listings categorized by county and zip code. 35 Such [subdirectory] directory shall be made available at all times on 36 the internet via the division homepage. Any person may apply to the 37 division to receive automated e-mail notifications whenever a new or 38 updated [subdirectory] directory registration occurs in a geographic 39 area specified by such person. The division shall furnish such service 40 at no charge to such person, who shall request e-mail notification by 41 county and/or zip code on forms developed and provided by the division. 42 E-mail notification is limited to three geographic areas per e-mail 43 account. 44 2. Any person who uses information disclosed pursuant to this section 45 in violation of the law shall in addition to any other penalty or fine 46 imposed, be subject to a fine of not less than five hundred dollars and 47 not more than one thousand dollars. Unauthorized removal or duplication 48 of the [subdirectory] directory from the offices of local, village or 49 city police department shall be punishable by a fine not to exceed one 50 thousand dollars. In addition, the attorney general, any district attor- 51 ney, or any person aggrieved is authorized to bring a civil action in 52 the appropriate court requesting preventive relief, including an appli- 53 cation for a permanent or temporary injunction, restraining order, or 54 other order against the person or group of persons responsible for such 55 action. The foregoing remedies shall be independent of any other reme-S. 3029 4 1 dies or procedures that may be available to an aggrieved party under 2 other provisions of law. 3 § 4. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.
