senate Bill S6202

Relates to the residence and domicile of sex offender registrants

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Sponsor

Co-Sponsors

Bill Status


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

  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 09 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 09 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1213
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO CORRECTION

Summary

Relates to the residence and domicile of sex offender registrants.

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Bill Details

See Assembly Version of this Bill:
A8607
Versions:
S6202
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-a & 168-b, Cor L

Sponsor Memo

BILL NUMBER:S6202

TITLE OF BILL: An act to amend the correction law, in relation to the
sex offender registry

PURPOSE OR GENERAL IDEA OF BILL:

Defines "residence" or "domicile" for clarification in the sex
offender registry law and directs the division to develop a
notification procedure for mandatory reporting by offenders who have
multiple residences or domiciles.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the sex offender registry law by adding a new
section defining "residence" or "domicile" to mean any place where an
offender intends to reside on either full time or part time. Nothing
will prohibit an offender from having multiple residences or
domiciles.

Section 2: Amends the sex offender registry law by adding a new
section which requires offenders with multiple residences or domiciles
to report their second domicile or residence within ten days of
establishing an additional domicile or residence in a manner directed
by the division.

Section 3: Effective date.

JUSTIFICATION:

The purpose of this bill is to define "domicile" or "residence" in the
sex offender registry law. It also requires offender's to register
with the division any additional domiciles or residences within ten
days of establishing additional domiciles or residences as defined by
the statute, The division will determine the manner in which an
offender reports such additional domicile or residence.

Under current law, offenders are only required to register their
primary residence with the division There is a section on the sex
offender registry for optional reporting of a secondary residence or
domicile, however there is no requirement to report such residence or
domicile. This has caused issues when offenders spend significant
amounts of time at a place other than their registered primary
domicile or residence. Local law enforcement and residents are not
informed of the presence of an offender in their secondary residence
or domicile, which renders them unable to properly put protective
measures in place.

This legislation leaves the manner of reporting to be established by
the division Nothing about this legislation will prohibit a person
from having multiple residences or domiciles for the purpose of this
article.

PRIOR LEGISLATIVE HISTORY:

None.


FISCAL IMPLICATIONS:

Minimal to State

EFFECTIVE DATE:

This act shall take effect immediately

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

                                  6202

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. BONACIC -- 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 sex offender
  registry

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

  Section  1. Section 168-a of the correction law is amended by adding a
new subdivision 19 to read as follows:
  19. "RESIDENCE" OR  "DOMICILE"  MEANS  ANY  PLACE  WHERE  AN  OFFENDER
INTENDS  TO  RESIDE  ON  EITHER A FULL OR PART TIME BASIS. NOTHING SHALL
PROHIBIT, FOR THE PURPOSES OF THIS ARTICLE ONLY, A  PERSON  FROM  HAVING
MULTIPLE RESIDENCES OR DOMICILES.
  S 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
law, as amended by chapter 67 of the laws of 2008, is amended to read as
follows:
  (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
race, height, weight, eye color, driver's license number,  home  address
and/or  expected  place of domicile, any internet accounts with internet
access providers belonging to such  offender  and  internet  identifiers
that  such  offender  uses.  THE  DIVISION SHALL QUERY OFFENDERS ON EACH
REGISTRATION FORM WHETHER SUCH OFFENDER HAS MULTIPLE RESIDENCES OR DOMI-
CILES  AS  DEFINED  IN  SUBDIVISION  NINETEEN  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A  OF  THIS  ARTICLE  AND  SHALL  DEVELOP EXAMPLES OF WHEN A
PERSON SHALL BE DEEMED TO HAVE MULTIPLE RESIDENCES OR DOMICILES.  IF  AN
OFFENDER  ACQUIRES OR ESTABLISHES ANY ADDITIONAL RESIDENCES OR DOMICILES
DURING A REGISTRATION PERIOD, SUCH  OFFENDER  SHALL,  WITHIN  TEN  DAYS,
NOTIFY  ANY POLICE DEPARTMENT OF SUCH ADDITIONAL RESIDENCES OR DOMICILES
IN THE MANNER DIRECTED BY THE DIVISION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided  that,  the division of criminal justice
services shall, within one hundred eighty days of such date notify  each
offender of their affirmative obligation to update registration informa-
tion to detail any changes required by this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11771-02-3

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