senate Bill S1449C

Requires school districts, upon notification from law enforcement agencies, to notify residents of sex offenders living in the district

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Mar / 2011
    • 1ST REPORT CAL.188
  • 09 / Mar / 2011
    • AMENDED 1449A
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • AMENDED ON THIRD READING 1449B
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 13 / Apr / 2012
    • AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 13 / Apr / 2012
    • PRINT NUMBER 1449C
  • 01 / May / 2012
    • 1ST REPORT CAL.681
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO CORRECTION

Summary

Requires school districts, upon notification from law enforcement agencies, to notify persons in parental relation to its students, of level two and three sex offenders living in the district; apportions money to school districts for certain sex offender expenses.

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Bill Details

See Assembly Version of this Bill:
A1402C
Versions:
S1449
S1449A
S1449B
S1449C
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §168-l, Cor L; add §3605, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1176, A3339
2007-2008: A10711

Sponsor Memo

BILL NUMBER:S1449C

TITLE OF BILL:
An act to amend the correction law, in relation to required notification
by school districts of sex offender residence; and to amend the educa-
tion law, in relation to apportionment to school districts for certain
expenses related to sex offender notification

PURPOSE:
This bill would require that a school district shall distribute informa-
tion on sex offenders residing within the school district to the parents
of its students.

SUMMARY OF PROVISIONS:
Paragraphs (b) and (c) of subdivision 6 of section 168-1 of the
correction law, paragraph (b) as amended by chapter 513 of the laws of
2011 and paragraph (c) as separately amended by chapters 318 and 680 of
the laws of 2005, are amended.

JUSTIFICATION:
Megan's Law requires level two and level three sex offenders resister
with local law enforcement agencies, who may distribute information
including the offenders name, picture, address, location of employment
and background information.

This legislation would require a school district, upon receiving this
information from law enforcement officials, to distribute the informa-
tion to the parents of its students.

The rate of recidivism among sex offenders is very high, as such, it is
important that the public is aware of any dangerous offenders who may be
living in their neighborhood. The information is currently available to
the public, but many parents are not aware of this, or do not know where
to look to find the information. Sending the offenders' profiles to the
parents in the school district provides an extra assurance that each
household has the invaluable information that could protect their chil-
dren from dangerous predators.

This legislation provides funding to reimburse the school districts for
their costs related to complying with this requirement.

LEGISLATIVE HISTORY:
2009-10: S.1176
2007-08: S.7819

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on July 1, next succeeding the date
it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1449--C                                            A. 1402--C

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report -- ordered to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- 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  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Correction -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Correction in accordance with Assembly Rule 3, sec. 2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the correction law, in relation to required notification
  by school districts of sex offender residence; and to amend the educa-
  tion law, in relation to apportionment to school districts for certain
  expenses related to sex offender notification

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraph (b) as amended by chapter 513 of the laws
of 2011 and paragraph (c) as separately amended by chapters 318 and  680
of the laws of 2005, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03736-04-2

S. 1449--C                          2                         A. 1402--C

  (b) If the risk of repeat offense is moderate, a level two designation
shall  be  given  to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his  or  her  conviction
shall  be  notified and may disseminate relevant information which shall
include a photograph and description  of  the  offender  and  which  may
include  the  exact name and any aliases used by the sex offender, exact
address,  background  information  including  the  offender's  crime  of
conviction,  mode  of  operation,  type of victim targeted, the name and
address of any institution of higher education at which the sex offender
is enrolled, attends, is employed or  resides  and  the  description  of
special conditions imposed on the offender to any entity with vulnerable
populations  related  to the nature of the offense committed by such sex
offender. Any  entity  receiving  information  on  a  sex  offender  may
disclose  or  further  disseminate  such information at its discretion ,
PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH  INFORMA-
TION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINISTRATOR, SHALL
DISSEMINATE  SUCH  INFORMATION  TO  THE  PERSON  OR  PERSONS IN PARENTAL
RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE  EDUCATION
LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT.  In addition,
in such case, the information described [herein] IN THIS  SECTION  shall
also  be  provided  in  the subdirectory established in this article and
notwithstanding any other provision of law, such information shall, upon
request, be made available to the public.
  Such law enforcement agencies shall compile,  maintain  and  update  a
listing  of  vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level two sex  offenders  pursuant  to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  (c) If the risk of repeat offense is high and there exists a threat to
the public safety a level three designation shall be given to  such  sex
offender.  In  such  case, the law enforcement agency or agencies having
jurisdiction and the law  enforcement  agency  or  agencies  having  had
jurisdiction  at the time of his or her conviction shall be notified and
may disseminate relevant information which shall  include  a  photograph
and description of the offender and which may include the sex offender's
exact  name and any aliases used by the offender, exact address, address
of the offender's place of employment, background information  including
the  offender's  crime  of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides  and
the  description  of  special  conditions imposed on the offender to any
entity with vulnerable populations related to the nature of the  offense
committed  by  such  sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS,  UPON  RECEIPT  OF
SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
TRATOR,  SHALL  DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN
PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  OF  THE
EDUCATION  LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. In
addition, in such case, the information described herein shall  also  be

S. 1449--C                          3                         A. 1402--C

provided  in  the  subdirectory established in this article and notwith-
standing any other  provision  of  law,  such  information  shall,  upon
request, be made available to the public.
  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such information on level three sex offenders pursuant to
this paragraph. Such listing  shall  include  and  not  be  limited  to:
superintendents  of  schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private  school
bus  transportation  companies,  day care centers, nursery schools, pre-
schools, neighborhood watch groups,  community  centers,  civic  associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  S 2. The education law is amended by adding a new section 3605 to read
as follows:
  S  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION,
AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF
ITS  STUDENTS  REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN
SUCH SCHOOL DISTRICTS.
  S 3. This act shall take effect on the first of July  next  succeeding
the  date  on  which  it  shall  have  become  a law, and shall apply to
expenses incurred by school districts after such effective date.

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