Bill Text: NY S03127 | 2017-2018 | General Assembly | Introduced

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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 3-0)

Status: (Introduced - Dead) 2018-04-25 - REPORTED AND COMMITTED TO FINANCE [S03127 Detail]

Download: New_York-2017-S03127-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3127
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced by Sens. GIANARIS, AVELLA, STAVISKY -- 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.
                                                                   LBD07018-01-7
        S. 3127                             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-
    52  in]  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. 3127                             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. The section heading and subdivision 1 of  section  168-q  of  the
    12  correction  law,  the  section  heading as amended by chapter 106 of the
    13  laws of 2006 and subdivision 1 as amended by chapter 462 of the laws  of
    14  2014, are amended to read as follows:
    15    [Subdirectory]  Directory;  internet  posting.   1. The division shall
    16  maintain a [subdirectory of level  two  and  three  sex  offenders.  The
    17  subdirectory]  directory  which  shall be made available at all times on
    18  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 shall have
    34  sex offender listings categorized by county and zip code. Such subdirec-
    35  tory shall be made available at all times on the internet via the  divi-
    36  sion homepage. Any person may apply to the division to receive automated
    37  e-mail notifications whenever a new or updated subdirectory registration
    38  occurs in a geographic area specified by such person. The division shall
    39  furnish  such  service  at  no  charge to such person, who shall request
    40  e-mail notification by county and/or zip code  on  forms  developed  and
    41  provided  by  the  division.  E-mail  notification  is  limited to three
    42  geographic areas per e-mail account.]
    43    (c) The division shall, on its internet homepage, provide a means  for
    44  any  person  to  register  to receive notice at such person's electronic
    45  mail address of all sex offenders who  reside  or  move  into  the  area
    46  encompassed by such person's zip code. The division shall provide timely
    47  notice  by electronic mail to each person who registers pursuant to this
    48  paragraph of every sex offender residing in and of  every  sex  offender
    49  who  moves  into  the  person's  zip code. Such notice shall include all
    50  information authorized to be disclosed on each such sex offender  pursu-
    51  ant to paragraph (a) or (b) of this subdivision.
    52    § 4. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.