senate Bill S5713

Requires certain level three sex offenders to wear an electronic monitoring device for life

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Sponsor

Bill Status


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

  • 06 / Jun / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Requires any level three sex offender who has committed a violent crime against a child to wear an electronic monitoring device for life; provides that such sex offender shall bear the cost of such device.

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Bill Details

See Assembly Version of this Bill:
A9194
Versions:
S5713
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง168-f, Cor L

Sponsor Memo

BILL NUMBER:S5713

TITLE OF BILL: An act to amend the correction law, in relation to
requiring certain level three sex offenders to wear an electronic
monitoring device for life

PURPOSE: The law would require all Level 3 Sexual Offenders who have
been convicted of violent crimes against children wear an electronic
monitoring device for life with the cost to be absorbed by the sexual
offender and not the state or local municipality.

SUMMARY OF PROVISIONS: Amends paragraph (b-2) of subdivision 2 of
section 168-f of the correction law, as added by section 2 of part 0
of chapter 56 of the laws of 2005.

JUSTIFICATION: For those that have been found guilty of sexual
offenses against children, incarceration is not a cure and will not
deter them from re-offending. In fact, recidivism for these crimes is
very high. New York State must do more to protect children from
convicted sex offenders who have served their time and are released
back into the community. Technology now exists that will allow for 24
hour monitoring of violent criminals. Therefore, we must use that
technology to protect our children. If enacted, this bill would
require the lifetime monitoring of Level 3 Sex offenders who have
perpetrated acts against children. This will allow law enforcement to
know immediately if offenders are in an area that they are prohibited.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred and
twentieth day after it shall have become a law and shall apply to any
level three sex offender convicted of any violent crime against child
on or after the effective date of this act.

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

                                  5713

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

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 requiring certain
  level three sex offenders to wear an electronic monitoring device  for
  life

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

  Section 1. Paragraph (b-2) of subdivision 2 of section  168-f  of  the
correction  law,  as  added  by section 2 of part O of chapter 56 of the
laws of 2005, is amended to read as follows:
  (b-2) If the sex offender has been given a level three designation, he
or she shall personally appear at  the  law  enforcement  agency  having
jurisdiction  within  twenty  days  of  the first anniversary of the sex
offender's initial registration and every  year  thereafter  during  the
period of registration for the purpose of providing a current photograph
of  such  offender. The law enforcement agency having jurisdiction shall
photograph the sex offender and shall promptly forward a  copy  of  such
photograph  to the division. For purposes of this paragraph, if such sex
offender is confined in a state  or  local  correctional  facility,  the
local  law  enforcement  agency having jurisdiction shall be the warden,
superintendent, sheriff or other person in charge of the state or  local
correctional  facility.  SUCH SEX OFFENDER WHO HAS BEEN CONVICTED OF ANY
VIOLENT CRIME AGAINST A CHILD SHALL WEAR AN ELECTRONIC MONITORING DEVICE
FOR THE DURATION OF HIS OR HER LIFE. SUCH SEX OFFENDER  SHALL  BEAR  THE
COST OF SUCH ELECTRONIC MONITORING DEVICE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to any level three sex offen-
der  convicted  of  any  violent  crime  against a child on or after the
effective date of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11374-01-3

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