senate Bill S579

Requires registered sex offenders to personally appear at the law enforcement agency having jurisdiction for purpose of having a photograph taken; repealer

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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

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

Summary

Requires registered sex offenders to personally appear annually, within thirty days of the anniversary of their initial registration date, at the law enforcement agency having jurisdiction for the purpose of having a photograph taken; failure to so appear shall constitute a class A misdemeanor; such agency shall forward a copy of the photograph to the division of criminal justice services, along with the date the photograph was taken; requires disclosure of the date that a photograph of a sex offender was taken.

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Bill Details

See Assembly Version of this Bill:
A2201
Versions:
S579
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§168-b, 168-f, 168-j, 168-l & 168-q, rpld §168-f sub 2 ¶¶(b-2) & (b-3), Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2508A, A4906A
2009-2010: A5263, A5263
2007-2008: A4993, A4993

Sponsor Memo

BILL NUMBER:S579

TITLE OF BILL:
An act
to amend the correction law, in relation to the registration of sex
offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision
2 of section 168-f of such law
relating thereto

PURPOSE:
This bill would require registered sex offenders to have a new
photograph taken each year and to have such photograph included in
their sex offender registration. Also requires the date such
photograph was taken to accompany the information.

SUMMARY OF PROVISIONS:
Requires all registered sex offenders to personally appear at law
enforcement agencies having jurisdiction for the purpose of providing
a current photograph of such offender. The law enforcement agency is
to forward the photograph to the Division of Criminal Justice
Services along with the date such photograph was taken. The date of
such photograph shall accompany all registry information.

EXISTING LAW:
Pictures of sex offenders who are required to register pursuant to the
Sex Offender Registration Act are included in the initial information
provided to the sex offender registry. However, there is no
requirement that photographs of these offenders be updated to reflect
changes in their appearance.

JUSTIFICATION:
Although a picture of a sex offender is included in the information
initially required to be provided to the sex offender registry, there
is no requirement under current law that a new picture of the sex
offender be taken and provided to the registry when the appearance of
the sex offender changes. Sex offenders are now required to register
for a minimum of ten years, and some are required to register for
their lifetime. Given the passage of time, it is inevitable that the
appearance of the sex offender will change from the time that their
pictures were initially taken. If the purpose of the sex offender
registry is to be carried out, it is important that updated
photographs and the date such photograph was taken be provided to the
registry so that the public can be aware of the current appearance of
convicted offenders.

LEGISLATIVE HISTORY:
2012: Senate Bill
2508-A (Gianaris) - Died in Senate Rules
Committee
2012: Assembly Bill
4906-A (Simotas) - Died in Assembly
Corrections Committee
2010: Assembly Bill
5263 (Gianaris) - Died in Assembly
Corrections Committee
2008: Assembly Bill


4993 (Gianaris) - Died in Assembly
Corrections Committee
2006: Assembly Bill
4403 (Gianaris) - Died in
Assembly Corrections Committee
2004: Senate Bill
3925-A (Skelos) -
Passed Senate 57-1 (6/2/04); Passed Senate 57-1 (2/9/04); Passed
Senate 59-1 (5/19/03)
2004: Assembly Bill
8320-A (Rules/Gianaris) - Died in Assembly
Corrections Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

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

                                   579

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- 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 registration of
  sex offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision
  2 of section 168-f of such law relating thereto

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

  Section  1.  Paragraph  (b)  of  subdivision 1 of section 168-b of the
correction law, as amended by section 1 of part O of chapter 56  of  the
laws of 2005, is amended to read as follows:
  (b)  A  photograph,  INCLUDING  THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF
KNOWN, and set of fingerprints. For a sex offender given a  level  three
designation,  the  division  shall,  during  the period of registration,
update such photograph once each year. For a sex offender given a  level
one  or  level two designation, the division shall, during the period of
registration, update such photograph once every three years.  The  divi-
sion  shall notify the sex offender by mail of the duty to appear and be
photographed at the specified law enforcement  agency  having  jurisdic-
tion.  Such  notification  shall  be mailed at least thirty days and not
more than sixty days before the  photograph  is  required  to  be  taken
pursuant to subdivision two of section one hundred sixty-eight-f of this
article.
  S  2.  Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of
the correction law are REPEALED and a new paragraph (b-2)  is  added  to
read as follows:
  (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
SEX  OFFENDER'S  INITIAL  REGISTRATION  DATE,  THE  SEX  OFFENDER  SHALL
PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  FOR
THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01548-01-3

S. 579                              2

TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH  THE  SEX  OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION AND SHALL  IMMEDIATELY  RECOMMENCE  ON
THE DATE OF THE SEX OFFENDER'S RELEASE.
  S  3.  Paragraph  (c-1)  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:
  (c-1)  If  the  sex  offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph [b] (B) of  subdivision  one
of   section  one  hundred  sixty-eight-b  of  this  article,  fails  to
personally appear at the law enforcement agency having jurisdiction,  as
provided  in  paragraph  (b-2)  [or  (b-3)]  of this subdivision, within
[twenty] THIRTY days of the anniversary of the  sex  offender's  initial
registration,  or  an alternate later date scheduled by the law enforce-
ment agency having jurisdiction, he or she shall be in violation of this
section. The duty to personally appear for such updated photograph shall
be temporarily suspended during any period in which the sex offender  is
confined  in  any  hospital  or institution, and such sex offender shall
personally appear for such updated photograph no later than ninety  days
after  release  from such hospital or institution, or an alternate later
date scheduled by the law enforcement agency having jurisdiction.
  S 4. Section 168-j of the correction law is amended by  adding  a  new
subdivision 6 to read as follows:
  6.  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
SEX OFFENDER WHO PERSONALLY  APPEARS  PURSUANT  TO  PARAGRAPH  (B-2)  OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
SHALL  PROMPTLY  FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
  S 5. 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:
  (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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS  TAKEN  IF
KNOWN,  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 opera-
tion, 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 receiv-
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 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

S. 579                              3

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,
ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, 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.  In addition, in such case, the information described herein
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 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 6. Subdivision 1 of section 168-q of the correction law, as  amended
by chapter 532 of the laws of 2011, is amended to read as follows:
  1.  The  division shall maintain a subdirectory of level two and three
sex offenders. The subdirectory shall include the exact address, address
of the  offender's  place  of  employment  and  photograph  of  the  sex
offender,  ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along
with  the  following   information,   if   available:   name,   physical
description,   age  and  distinctive  markings.  Background  information
including the sex offender's crime of conviction,  modus  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 a description of special conditions imposed on
the sex offender shall also be included. The subdirectory shall have sex
offender listings categorized by county and zip code. Such  subdirectory
shall  be  made  available at all times on the internet via the division
homepage. Any person may apply to  the  division  to  receive  automated
e-mail notifications whenever a new or updated subdirectory registration
occurs in a geographic area specified by such person. The division shall
furnish  such  service  at  no  charge to such person, who shall request

S. 579                              4

e-mail notification by county and/or zip code  on  forms  developed  and
provided  by  the  division.  E-mail  notification  is  limited to three
geographic areas per e-mail account.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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