S T A T E O F N E W Y O R K
________________________________________________________________________
3913--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. KOON, JOHN -- Multi-Sponsored by -- M. of A.
BING, McENENY, SWEENEY, WEISENBERG -- read once and referred to the
Committee on Correction -- recommitted to the Committee on Correction
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the correction law and the executive law, in relation to
photographs of sex offender registrants
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 and set of fingerprints. THE PHOTOGRAPH SHALL BE
CONTEMPORANEOUS WITH THE ACT OF REGISTRATION. For a sex offender given a
level TWO OR 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 division shall notify the sex offender by mail of the duty to
appear and be photographed at [the] THEIR PROBATION OR PAROLE OFFICE OR
OTHER specified law enforcement agency having jurisdiction. Such notifi-
cation 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. IF A PHOTO-
GRAPH CANNOT BE TAKEN AT SUCH TIME, THE DIVISION SHALL PROVIDE A
DISCLAIMER EXPLAINING WHEN SUCH PHOTOGRAPH WAS TAKEN.
S 2. Paragraphs (b-2) and (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, are amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02452-03-0
A. 3913--A 2
(b-2) If the sex offender has been given a level TWO OR three desig-
nation, he or she shall personally appear at [the] THEIR PROBATION OR
PAROLE OFFICE OR OTHER 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] HAVING a current photograph of such
offender TAKEN. The law enforcement agency, PROBATION OR PAROLE OFFICE,
OR OTHER 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.
(c-1) If the sex offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph b of subdivision one of
section one hundred sixty-eight-b of this article, fails to personally
appear at the law enforcement PROBATION OR PAROLE OFFICE OR OTHER agency
having jurisdiction, as provided in paragraph (b-2) or (b-3) of this
subdivision, within twenty days of the anniversary of the sex offender's
initial registration, or an alternate later date scheduled by the law
enforcement agency having jurisdiction, he or she shall be in violation
of this section. The duty to personally appear for such updated photo-
graph shall be temporarily suspended during any period in which the sex
offender is confined in any hospital or institution, and such sex offen-
der 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 3. Subdivision 2 of section 259-a of the executive law, as amended
by chapter 7 of the laws of 2007, is amended to read as follows:
2. The division shall cause complete records to be kept of every
person on presumptive release, parole, conditional release or post-re-
lease supervision. Such records shall contain the aliases and photograph
of each such person, and the other information referred to in subdivi-
sion one of this section, as well as all reports of parole officers in
relation to such persons. IN THE CASE OF ALL SEX OFFENDERS WITH A LEVEL
TWO OR THREE DESIGNATION THE DIVISION SHALL PHOTOGRAPH SUCH SEX OFFENDER
AND UPDATE SUCH PHOTOGRAPH ONCE EACH YEAR. IN THE CASE OF ALL SEX OFFEN-
DERS WITH A LEVEL ONE DESIGNATION, THE DIVISION SHALL PHOTOGRAPH SUCH
SEX OFFENDER AND UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE YEARS. Such
records shall be maintained by the division and may be made available as
deemed appropriate by the [chairman] CHAIRPERSON for use by the depart-
ment of correctional services, the commissioner of mental health, the
commissioner of mental retardation and developmental disabilities, the
case review panel, and the attorney general pursuant to section 10.05 of
the mental hygiene law, the division, and the board of parole. Such
records shall be organized in accordance with methods of filing and
indexing designed to insure the immediate availability of complete
information about such persons.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.