NY State Senate Bill 2009-S8136

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2010	referred to crime victims, crime and correction

2009-S8136 (ACTIVE) - Details

See Assembly Version of this Bill:: A10974
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-a & 168-l, Cor L
Versions Introduced in 2011-2012 Legislative Session:: S1521, A5661

2009-S8136 (ACTIVE) - Summary

Relates to the definition of, and information provided about, sex offenders.

2009-S8136 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8136

TITLE OF BILL:
An act to amend the correction law, in relation to the definition of,
and information provided about, sex offenders

PURPOSE:
This bill would amend deficiencies in the sex offender registration act
by adding the offense of attempt to commit unlawful surveillance as a
registerable offense, and by authorizing local law enforcement agencies
to provide entities with vulnerable populations with the exact address
of a Level 2 sex offender.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Correction Law § 168-a(2) (e) to
require that persons convicted of an attempt to commit unlawful surveil-
lance in the second degree, as defined in Penal Law 5250.45(2) (3) or
(4), must register as sex offenders.

Section 2 of the bill would amend Correction Law §168-1(5) (b) to
authorize a local allow enforcement agency providing community notifica-
tion concerning a Level 2 sex offender to provide the offender's exact
address.

Section 3 of the bill sets forth the effective date.

EXISTING LAW:
Currently, under certain circumstances, a person convicted of the crime
of unlawful surveillance must register as a sex offender. Under
Correction Law §168-1(5) (b), the exact address of level 2 offenders
cannot be distributed by law enforcement to entities with vulnerable
populations,

LEGISLATIVE HISTORY:
This is a new proposal.

STATEMENT IN SUPPORT:
Unlawful surveillance is registerable where the defendant committed the
offense for his own or another person's sexual gratification, or where
an imaging device is installed in a bedroom, changing room, restroom or
hotel room. However, currently under SORA, unlawful surveillance is the
only crime that does not include the attempt as a registerable offense.
This bill would add the attempted unlawful surveillance to the list of
registerable offenses.

A Subdirectory of Level 2 and Level 3 sex offenders is maintained on the
DCJS homepage. While SORA was amended in 2006 to authorize DCJS to main-
tain information about Level 2 offenders on the subdirectory, law
enforcement is not permitted to provide such offenders' actual addresses
to the. community. This bill corrects this by allowing law enforcement

to notify entities with vulnerable populations about the exact address
of level two offenders.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill would take effect immediately, provided, however that the
amendments to paragraph (e) of subdivision 2 of section 16B-a of the
correction law made by section 1 of this act shall apply to persons
convicted of an attempt to commit any of the provisions of subdivision
two, three or four of section 250.45 of the penal law who committed such
offense prior to, on or after the    f effective date of this act;
except that, with regard to persons who committed such offense prior to
the effective date of this act, this act shall only apply to persons who
have not completed service of the sentence for such offense prior to
such effective date.

2009-S8136 (ACTIVE) - Bill Text download pdf

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

                                  8136

                            I N  S E N A T E

                              June 11, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 definition of,
  and information provided about, sex offenders

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

  Section  1.  Paragraph  (e)  of  subdivision 2 of section 168-a of the
correction law, as added by chapter 69 of the laws of 2003,  is  amended
to read as follows:
  (e)  a  conviction  of OR A CONVICTION FOR AN ATTEMPT TO COMMIT any of
the provisions of subdivision two, three or four of  section  250.45  of
the  penal  law,  unless  upon motion by the defendant, the trial court,
having regard to the nature and circumstances of the crime  and  to  the
history and character of the defendant, is of the opinion that registra-
tion would be unduly harsh and inappropriate.
  S 2. Paragraph (b) of subdivision 6 of section 168-l of the correction
law,  as  amended by chapter 106 of the laws of 2006, is 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  and  description  of  the offender and which may
include the exact name  and  any  aliases  used  by  the  sex  offender,
[approximate]  EXACT  address  [based on sex offender's zip code], back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion 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

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

                                                           LBD17045-01-0

S. 8136                             2

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
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 3. This act shall take effect immediately, provided,  however,  that
the amendments to paragraph (e) of subdivision 2 of section 168-a of the
correction  law  made  by  section  1 of this act shall apply to persons
convicted of an attempt to commit any of the provisions  of  subdivision
two, three or four of section 250.45 of the penal law who committed such
offense  prior  to,  on  or after the effective date of this act; except
that, with regard to persons who committed such  offense  prior  to  the
effective  date  of  this  act, this act shall only apply to persons who
have not completed service of the sentence for  such  offense  prior  to
such effective date.

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Senate Bill S8136

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2009-S8136 (ACTIVE) - Details

2009-S8136 (ACTIVE) - Summary

2009-S8136 (ACTIVE) - Sponsor Memo

2009-S8136 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2009-S8136 (ACTIVE) - Details

2009-S8136 (ACTIVE) - Summary

2009-S8136 (ACTIVE) - Sponsor Memo

2009-S8136 (ACTIVE) - Bill Text download pdf

Comments