Bill Text: NY S04742 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires New York State drivers licenses to indicate if the licensee is a registered sex offender under Megan's Law, the "Sex Offender Registration Act"; makes additional changes regarding registration obligations and distribution of information.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-18 - REPORTED AND COMMITTED TO FINANCE [S04742 Detail]
Download: New_York-2011-S04742-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4742 2011-2012 Regular Sessions I N S E N A T E April 18, 2011 ___________ Introduced by Sen. O'MARA -- 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 and the vehicle and traffic law, in relation to identifying registered sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 168-b of the correction law is amended by adding a 2 new subdivision 13 to read as follows: 3 13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX 4 OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI- 5 CLES IN ORDER TO COMPLY WITH THE PROVISIONS OF SECTION FIVE HUNDRED 6 SEVEN OF THE VEHICLE AND TRAFFIC LAW. 7 S 2. Section 168-d of the correction law is amended by adding a new 8 subdivision 5 to read as follows: 9 5. UPON A CONVICTION AS A SEX OFFENDER PURSUANT TO THIS ARTICLE, THE 10 COURT SHALL TAKE POSSESSION OF THE DRIVER'S LICENSE AND SHALL TENDER TO 11 THE PERSON BEING SENTENCED A TEMPORARY LICENSE, DIRECTING THAT SUCH 12 PERSON REPORT TO THE DEPARTMENT OF MOTOR VEHICLES FOR A REPLACEMENT 13 DRIVER'S LICENSE IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE 14 HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW. UPON A PERSON BEING 15 REMOVED FROM THE REGISTRATION REQUIREMENT, THE DEPARTMENT OF MOTOR VEHI- 16 CLES SHALL ISSUE A LICENSE WITHOUT THE SEX OFFENDER CODE PRINTED UPON 17 THE LICENSE AT NO CHARGE. 18 S 3. Subdivision 3 of section 168-f of the correction law, as amended 19 by chapter 11 of the laws of 2002, is amended to read as follows: 20 3. The provisions of subdivision two of this section shall be applied 21 to a sex offender required to register under this article except that 22 such sex offender designated as a sexual predator or having been given a 23 level three designation must personally verify his or her address with 24 the local law enforcement agency, OR WITH THE STATE POLICE IF THERE BE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09722-01-1 S. 4742 2 1 NO LOCAL LAW ENFORCEMENT AGENCY, every ninety calendar days after the 2 date of release or commencement of parole or post-release supervision, 3 or probation, or release on payment of a fine, conditional discharge or 4 unconditional discharge. The duty to personally verify shall be tempo- 5 rarily suspended during any period in which the sex offender is confined 6 to any state or local correctional facility, hospital or institution and 7 shall immediately recommence on the date of the sex offender's release. 8 S 4. Section 168-l of the correction law is amended by adding a new 9 subdivision 6-a to read as follows: 10 6-A. SEX OFFENDERS DESIGNATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION 11 SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIREMENTS OF THIS 12 ARTICLE, REGISTER WITH THE DEPARTMENT OF MOTOR VEHICLES. STATE AND LOCAL 13 LAW ENFORCEMENT AGENCIES SHALL SHARE ALL INFORMATION REGARDING SUCH 14 OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS SHALL BE NOTIFIED BY THE 15 APPROPRIATE LAW ENFORCEMENT AGENCY OF THE SEX OFFENDER'S PRESENCE. ANY 16 RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF THE SEX OFFENDER'S RESI- 17 DENCE SHALL BE DEEMED A NEIGHBOR. 18 S 5. Section 507 of the vehicle and traffic law is amended by adding 19 two new subdivisions 6 and 7 to read as follows: 20 6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL 21 REQUIRE THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON REGISTERED 22 AS A SEX OFFENDER WITH THE DEPARTMENT BY THE DIVISION OF CRIMINAL 23 JUSTICE SERVICES, PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE 24 CORRECTION LAW, BEAR A LETTERED CODE DESIGNATED BY THE DEPARTMENT, TO 25 IDENTIFY SUCH PERSON AS A CONVICTED SEX OFFENDER. THE COMMISSIONER SHALL 26 CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE. 27 7. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED 28 CONTAINING THE REGISTRATION INFORMATION GATHERED PURSUANT TO SUBDIVISION 29 SIX OF THIS SECTION. SUCH DATABASE SHALL BE MADE AVAILABLE TO STATE AND 30 LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM. 31 S 6. This act shall take effect on the first of November next succeed- 32 ing the date on which it shall have become a law.