senate Bill S356

Relates to level three designation for certain sex offenders under the sex offender registration act

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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

  • 05 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • 1ST REPORT CAL.525
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 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
  • 18 / Apr / 2012
    • 1ST REPORT CAL.538
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 01 / May / 2012
    • PASSED SENATE
  • 01 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO CORRECTION

Summary

Relates to level three designation for certain sex offenders under the sex offender registration act; provides for a level three designation under the sex offender registration act for persons convicted of or a conviction for an attempt to commit an offense contained in article 130 (sexual offenses) or 263 (sexual performance by a child) or section 135.25 (kidnapping in the first degree), section 230.06 (patronizing a prostitute in the first degree), section 230.32 (promoting prostitution in the first degree) or section 255.25, 255.26, or 255.27 (incest) of the penal law where the victim of the related offense is less than eleven years old.

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Bill Details

See Assembly Version of this Bill:
A9153
Versions:
S356
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยง168-l, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S406, A4567, S406
2011-2012: A4994
2007-2008: A4449

Sponsor Memo

BILL NUMBER:S356

TITLE OF BILL:
An act
to amend the correction law, in relation to level three designation for
certain sex offenders

PURPOSE:
To mandate that any offender required to register pursuant to the
Sexual Offender Registration Act will be designated "level three" if
their offense was committed against a child of ten years or less.

SUMMARY OF PROVISIONS:
Amends paragraph (c) of subdivision 6 of section 168-1 of the
correction law as amended by chapter 318 and 680 of the laws of 2005.

JUSTIFICATION:
The genesis of New York State's Sexual Offender Registration Act
(SORA) is rooted in the tragic death of a young child at the hands of
a repeat sexual predator in New Jersey. Communities under S0RA, have
an expectation that they will be notified if a sexual predator
resides in their midst. But, this is not necessarily so; in fact this
is probably not the case. Notification is not mandatory and it has
recently come to light that there is a massive 7800 case backlog with
respect to risk assessment.
This bill would mandate a "level three" designation for all offenders
convicted of committing or attempting to commit sex offenses against
children aged ten years or less. Pursuant to the correction law, all
level three offenders must be maintained on a sub-directory by the
state. This sub-directory shall be made available at all times on the
internet via the division homepage. Therefore, this bill would
effectively guarantee a community's ability to be aware of the
presence of a sexual offender of young children in their surroundings.

LEGISLATIVE HISTORY:
2004: S.7035 - Passed Senate
2007-08: S.1702 - Passed Senate
2009-10: S.406 - Referred to Crime, Crime Victims and Corrections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

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

                                   356

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 level three desig-
  nation for certain sex offenders

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

  Section  1. The opening paragraph of paragraph (c) of subdivision 6 of
section 168-l of the correction law, as separately amended  by  chapters
318 and 680 of the laws of 2005, is amended to read as follows:
  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.  IF THE SEX OFFENDER HAS A CONVICTION OF OR A  CONVICTION  FOR
AN  ATTEMPT TO COMMIT AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY
OR TWO HUNDRED SIXTY-THREE OR SECTION 135.25,  230.06,  230.32,  255.25,
255.26  OR  255.27  OF THE PENAL LAW AND WHERE THE VICTIM OF THE RELATED
OFFENSE IS LESS THAN ELEVEN YEARS OLD A LEVEL THREE DESIGNATION SHALL BE
GIVEN TO SUCH SEX OFFENDER. In [such] EITHER 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 offen-
der, exact address, address of the offender's place of employment, back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion 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 receiv-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01917-01-1

S. 356                              2

ing information on a sex offender may disclose  or  further  disseminate
such  information  at  its  discretion. In addition[, in such case,] the
information described [herein] IN THIS PARAGRAPH 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.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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