Bill Text: NY S07994 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the definition of sex offender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-16 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07994 Detail]

Download: New_York-2017-S07994-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7994
                    IN SENATE
                                     March 16, 2018
                                       ___________
        Introduced  by  Sen. GALLIVAN -- (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.  Paragraph  (a)  of  subdivision 2 of section 168-a of the
     2  correction law, as amended by chapter 405 of the laws of 2008,  subpara-
     3  graph  (i)  as amended by chapter 368 of the laws of 2015, is amended to
     4  read as follows:
     5    (a) (i) a conviction of or a conviction for an attempt to  commit  any
     6  of  the  provisions  of sections 120.70, 130.20, 130.25, 130.30, 130.40,
     7  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
     8  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
     9  or  135.25  of  such  law  relating to kidnapping offenses, provided the
    10  victim of such kidnapping or related  offense  is  less  than  seventeen
    11  years old and the offender is not the parent of the victim, or a sexual-
    12  ly  motivated  felony  defined  in  section  130.91 of the penal law, or
    13  section 230.04, where the person patronized is in fact less than  seven-
    14  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    15  two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
    16  law,  or section 230.25 of the penal law where the person prostituted is
    17  in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
    18  conviction  for  an  attempt  to commit any of the provisions of section
    19  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    20  attempt to commit any provisions of the foregoing sections committed  or
    21  attempted  as a hate crime defined in section 485.05 of the penal law or
    22  as a crime of terrorism defined in section 490.25 of such law [or  as  a
    23  sexually motivated felony defined in section 130.91 of such law]; or
    24    §  2.  Subparagraph (iii) of paragraph (d) of subdivision 2 of section
    25  168-a of the correction law, as amended by chapter 232 of  the  laws  of
    26  2008, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14438-02-8
        S. 7994                             2
     1    (iii)  any  of  the  provisions  of 18 U.S.C. 1470, 18 U.S.C. 1591, 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.
     7    § 3. Subdivision 12 of section 168-b of the correction law,  as  added
     8  by chapter 278 of the laws of 2010, is amended to read as follows:
     9    12.  The  division shall make registry information regarding level two
    10  and three sex offenders, and level one sex offenders required to  regis-
    11  ter for life, available to municipal housing authorities, as established
    12  pursuant  to  article  three  of  the public housing law, to enable such
    13  authorities to identify persons ineligible to reside in public  housing.
    14  The  division shall, at least monthly, release to each municipal housing
    15  authority information about level two and three sex offenders and  level
    16  one  sex  offenders  required  to register for life, with a home address
    17  and/or expected place of domicile within the corresponding municipality.
    18  The division may promulgate rules and regulations relating to procedures
    19  for the release of information in the registry to such authorities.
    20    § 4. This act shall take effect on the ninetieth day  after  it  shall
    21  have  become  a  law; provided, however, that the amendments to subpara-
    22  graph (i) of paragraph (a) of subdivision 2  of  section  168-a  of  the
    23  correction  law  made  by section one of this act shall apply to persons
    24  registered as a sex offender for a sexually motivated  felony  prior  to
    25  the  effective  date  of  this act and to offenses committed on or after
    26  such date or, in the case of a person convicted in another jurisdiction,
    27  to offenders who have established a residence in this state on or  after
    28  such  date;  and  provided, further, that the amendments to subparagraph
    29  (iii) of paragraph  (d)  of  subdivision  2  of  section  168-a  of  the
    30  correction  law made by section two of this act shall apply to offenders
    31  who have established a residence in this state on or after such date or,
    32  if the conviction occurred in a court located  within  the  geographical
    33  boundaries  of the state of New York, to offenders convicted on or after
    34  such date.