S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4061--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sens. MANNION, PALUMBO -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime and Correction -- 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 committee
 
 AN  ACT  to  amend  the  correction  law,  in relation to requiring that
   websites providing incarcerated individual information  be  searchable
   by the incarcerated individual's name, former name or alias
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9 of the correction law, as added by section  2  of
 part  OO  of  chapter  56  of  the  laws of 2010, the section heading as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   §  9. Access to information of incarcerated individuals via the inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the  conviction  of  a  person,  except  for  a  person
 convicted of an offense that would make such person ineligible for merit
 time under section eight hundred three of this chapter or an offense for
 which  registration as a sex offender is required as set forth in subdi-
 vision two or three of section one hundred sixty-eight-a of  this  chap-
 ter,  that  is  posted on a website maintained by or for the department,
 under article six of the public officers law,  may  be  posted  on  such
 website  for  a  period not to exceed five years after the expiration of
 such person's sentence of imprisonment and any period of parole or post-
 release supervision; provided, however, that in the case of a person who
 has been committed to the department on  more  than  one  occasion,  the
 department may post conviction information relating to any prior commit-
 ment  on  such  website  for a period not to exceed five years after the
 expiration of such person's sentence of imprisonment and any  period  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07804-04-4
              

 S. 4061--A                          2
 
 parole  or post-release supervision arising from the most recent commit-
 ment to the department; PROVIDED FURTHER, HOWEVER, THAT ANY SUCH WEBSITE
 THAT ALLOWS THE PUBLIC TO SEARCH FOR INCARCERATED INDIVIDUAL INFORMATION
 SHALL  BE  PROGRAMMED IN SUCH A MANNER THAT THE SEARCH MAY BE SUCCESSFUL
 BY INPUT OF THE INCARCERATED INDIVIDUAL'S CURRENT NAME, ANY FORMER LEGAL
 NAME OR ANY OTHER KNOWN ALIAS OF THE INCARCERATED INDIVIDUAL.
   § 2. Section 9 of the correction law, as amended by chapter 631 of the
 laws of 2023, is amended to read as follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the conviction of a person that is posted on a  website
 maintained  by  or  for  the department, under article six of the public
 officers law, may be posted on such website for a period not  to  exceed
 three  years after the expiration of such person's sentence of imprison-
 ment and at the conclusion of  any  period  of  parole  or  post-release
 supervision;  PROVIDED  FURTHER,  HOWEVER,  THAT  ANY  SUCH WEBSITE THAT
 ALLOWS THE PUBLIC TO  SEARCH  FOR  INCARCERATED  INDIVIDUAL  INFORMATION
 SHALL  BE  PROGRAMMED IN SUCH A MANNER THAT THE SEARCH MAY BE SUCCESSFUL
 BY INPUT OF THE INCARCERATED INDIVIDUAL'S CURRENT NAME, ANY FORMER LEGAL
 NAME OR ANY OTHER KNOWN ALIAS OF THE INCARCERATED INDIVIDUAL.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 631 of the laws of
 2023 shall not have taken effect on or before such date then section two
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2023, takes effect.