Bill Text: NY S04860 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires state driver's licenses to indicate whether the holder is a registered sex offender; makes additional amendments regarding sex offender registration obligations and dissemination of information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04860 Detail]

Download: New_York-2011-S04860-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4860
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2011
                                      ___________
       Introduced  by  Sen.  BALL  --  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  SUBDIVISION  SIX  OF
    6  SECTION FIVE HUNDRED 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,  THE  COURT  SHALL  TAKE
   10  POSSESSION  OF  HIS  OR HER DRIVER'S LICENSE AND SHALL TENDER TO THE SEX
   11  OFFENDER A TEMPORARY LICENSE, DIRECTING THAT HE OR  SHE  REPORT  TO  THE
   12  DEPARTMENT  OF  MOTOR  VEHICLES  FOR  A  REPLACEMENT DRIVER'S LICENSE IN
   13  ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE  HUNDRED  SEVEN  OF  THE
   14  VEHICLE  AND TRAFFIC LAW. UPON A SEX OFFENDER BEING RELIEVED OF THE DUTY
   15  TO REGISTER PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF  MOTOR  VEHICLES
   16  SHALL  ISSUE  A  LICENSE  WITHOUT THE SEX OFFENDER CODE PRINTED UPON THE
   17  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  HAVING  JURISDICTION  every  ninety
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07820-01-1
       S. 4860                             2
    1  calendar  days  after  the  date of release or commencement of parole or
    2  post-release supervision, or probation, or release on payment of a fine,
    3  conditional discharge or unconditional discharge. The duty to personally
    4  verify shall be temporarily suspended during any period in which the sex
    5  offender is confined to any state or local correctional facility, hospi-
    6  tal  or  institution and shall immediately recommence on the date of the
    7  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 (B) OR (C) OF
   11  SUBDIVISION SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIRE-
   12  MENTS OF THIS ARTICLE, REGISTER WITH THE DEPARTMENT OF  MOTOR  VEHICLES.
   13  STATE  AND  LOCAL  LAW  ENFORCEMENT AGENCIES SHALL SHARE ALL INFORMATION
   14  REGARDING SUCH OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS SHALL BE NOTI-
   15  FIED BY THE LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF  THE  SEX
   16  OFFENDER'S PRESENCE. ANY RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF
   17  THE SEX OFFENDER'S RESIDENCE 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  SUBDIVISION  THIRTEEN  OF  SECTION  ONE
   24  HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, BEAR A LETTERED CODE DESIG-
   25  NATED  BY  THE  DEPARTMENT,  TO IDENTIFY SUCH PERSON AS A REGISTERED SEX
   26  OFFENDER. THE COMMISSIONER SHALL CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE
   27  REPLACEMENT LICENSE.
   28    7. STATEWIDE SEX OFFENDER DATABASE.   THE COMMISSIONER SHALL  CAUSE  A
   29  STATEWIDE  DATABASE TO BE ESTABLISHED CONTAINING THE REGISTRATION INFOR-
   30  MATION GATHERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH  DATA-
   31  BASE SHALL BE MADE AVAILABLE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
   32  UPON REQUEST THEREFROM.
   33    S 6. This act shall take effect on the first of November next succeed-
   34  ing the date on which it shall have become a law.