Bill Text: NY S05392 | 2017-2018 | General Assembly | Introduced
Bill Title: Expands the definition of "sex offender" to encompass someone convicted of any misdemeanor or felony offense for which the offender is required to register pursuant to specified laws and expands the specified laws to include the uniform code of military justice.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S05392 Detail]
Download: New_York-2017-S05392-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5392 2017-2018 Regular Sessions IN SENATE March 24, 2017 ___________ Introduced by Sen. SERINO -- (at request of the Division of Criminal Justice Services) -- 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 definition of sex offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of 2 section 168-a of the correction law, as amended by chapter 368 of the 3 laws of 2015, is amended to read as follows: 4 (i) a conviction of or a conviction for an attempt to commit any of 5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 6 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and], 255.27 and subdi- 7 vision four of section 260.32 or article two hundred sixty-three of the 8 penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law 9 relating to kidnapping offenses, provided the victim of such kidnapping 10 or related offense is less than seventeen years old and the offender is 11 not the parent of the victim, or section 230.04, where the person 12 patronized is in fact less than seventeen years of age, 230.05, 230.06, 13 230.11, 230.12, 230.13, subdivision two of section 230.30, section 14 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the 15 penal law where the person prostituted is in fact less than seventeen 16 years old, or 17 § 2. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of 18 section 168-a of the correction law, subparagraph (ii) as amended by 19 chapter 11 of the laws of 2002 and subparagraph (iii) as amended by 20 chapter 232 of the laws of 2008, are amended and a new subparagraph (iv) 21 is added to read as follows: 22 (ii) [a felony] an offense in any other jurisdiction for which the 23 offender is required to register as a sex offender in the jurisdiction EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10009-01-7S. 5392 2 1 in which the conviction occurred or, (iii) any of the provisions of 18 2 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 3 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided 4 that the elements of such crime of conviction are substantially the same 5 as those which are a part of such offense as of the date on which this 6 subparagraph takes effect[.] or, (iv) any offense described in the 7 uniform code of military justice upon the order of a court-martial, 8 authorized by 10 U.S.C. 816, to register as a sex offender; or 9 § 3. This act shall take effect on the ninetieth day after it shall 10 have become a law; provided, however, that the amendments made to 11 subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of 12 the correction law by section one of this act shall apply to offenses 13 committed on or after such date or, in the case of a person convicted in 14 another jurisdiction, to offenders who have established a residence in 15 this state on or after such date. Provided further that the amendments 16 made to subparagraph (ii) of paragraph (d) of subdivision 2 of section 17 168-a of the correction law by section two of this act shall apply to 18 offenders who have established a residence in this state on or after 19 such date or, if the court-martial is located within the geographical 20 boundaries of the state of New York, to offenders convicted on or after 21 such date.