Bill Text: NY S04061 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that websites providing incarcerated individual information be searchable by the incarcerated individual's name, former name or alias.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-03 - SUBSTITUTED BY A4763A [S04061 Detail]

Download: New_York-2023-S04061-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4061--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced  by Sens. MANNION, PALUMBO -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Crime  Victims,
          Crime and Correction -- recommitted to the Committee on Crime Victims,
          Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  correction  law,  in relation to requiring that
          websites providing incarcerated individual information  be  searchable
          by the incarcerated individual's name, former name or alias

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 9 of the correction law, as added by section  2  of
     2  part  OO  of  chapter  56  of  the  laws of 2010, the section heading as
     3  amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
     4  follows:
     5    §  9. Access to information of incarcerated individuals via the inter-
     6  net.  Notwithstanding any provision of law to the contrary, any informa-
     7  tion relating to the  conviction  of  a  person,  except  for  a  person
     8  convicted of an offense that would make such person ineligible for merit
     9  time under section eight hundred three of this chapter or an offense for
    10  which  registration as a sex offender is required as set forth in subdi-
    11  vision two or three of section one hundred sixty-eight-a of  this  chap-
    12  ter,  that  is  posted on a website maintained by or for the department,
    13  under article six of the public officers law,  may  be  posted  on  such
    14  website  for  a  period not to exceed five years after the expiration of
    15  such person's sentence of imprisonment and any period of parole or post-
    16  release supervision; provided, however, that in the case of a person who
    17  has been committed to the department on  more  than  one  occasion,  the
    18  department may post conviction information relating to any prior commit-
    19  ment  on  such  website  for a period not to exceed five years after the
    20  expiration of such person's sentence of imprisonment and any  period  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07804-04-4
        S. 4061--A                          2

     1  parole  or post-release supervision arising from the most recent commit-
     2  ment to the department; provided further, however, that any such website
     3  that allows the public to search for incarcerated individual information
     4  shall  be  programmed in such a manner that the search may be successful
     5  by input of the incarcerated individual's current name, any former legal
     6  name or any other known alias of the incarcerated individual.
     7    § 2. Section 9 of the correction law, as amended by chapter 631 of the
     8  laws of 2023, is amended to read as follows:
     9    § 9. Access to information of incarcerated individuals via the  inter-
    10  net.  Notwithstanding any provision of law to the contrary, any informa-
    11  tion relating to the conviction of a person that is posted on a  website
    12  maintained  by  or  for  the department, under article six of the public
    13  officers law, may be posted on such website for a period not  to  exceed
    14  three  years after the expiration of such person's sentence of imprison-
    15  ment and at the conclusion of  any  period  of  parole  or  post-release
    16  supervision;  provided  further,  however,  that  any  such website that
    17  allows the public to  search  for  incarcerated  individual  information
    18  shall  be  programmed in such a manner that the search may be successful
    19  by input of the incarcerated individual's current name, any former legal
    20  name or any other known alias of the incarcerated individual.
    21    § 3. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law; provided, however, that if chapter 631 of the laws of
    23  2023 shall not have taken effect on or before such date then section two
    24  of this act shall take effect on the same date and in the same manner as
    25  such chapter of the laws of 2023, takes effect.