S T A T E O F N E W Y O R K
________________________________________________________________________
10532
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO, O'MARA, BALL -- Multi-Sponsored by -- M.
of A. ALFANO, AMEDORE, BACALLES, BARCLAY, BURLING, CONTE, CROUCH,
DUPREY, FINCH, HAWLEY, KOLB, McKEVITT, J. MILLER, MOLINARO, OAKS,
QUINN, RAIA, REILICH, SAYWARD, SCOZZAFAVA, SPANO, THIELE, TOWNSEND --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the correction law, in
relation to requiring the department of motor vehicles to provide
certain information on level three sex offenders to police officers
and peace officers making an inquiry relating to a driver's license,
non-driver identification card or motor vehicle registration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 201 of the vehicle and traffic law is amended by
adding a new subdivision 8 to read as follows:
8. THE COMMISSIONER SHALL MAINTAIN AND UPDATE, IN A TIMELY MANNER, ALL
INFORMATION PROVIDED TO THE DEPARTMENT BY THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES ON LEVEL THREE SEX OFFENDERS PURSUANT TO PARAGRAPH (C)
OF SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE
CORRECTION LAW. UPON RECEIPT OF ANY INQUIRY, IN WRITTEN OR ELECTRONIC
FORM, FROM A POLICE OFFICER OR PEACE OFFICER RELATING TO THE DRIVER'S
LICENSE OR NON-DRIVER IDENTIFICATION CARD OF ANY PERSON WHO IS A LEVEL
THREE SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, THE
DEPARTMENT SHALL PROVIDE TO THE POLICE OFFICER OR PEACE OFFICER ALL
INFORMATION RECEIVED BY THE DEPARTMENT FROM THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES WITH REGARD TO SUCH SEX OFFENDER.
S 2. Paragraph (c) of subdivision 6 of section 168-l of the correction
law, as separately amended by chapters 318 and 680 of the laws of 2005,
is amended to read as follows:
(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 AND THE DEPARTMENT OF
MOTOR VEHICLES shall be notified and may disseminate relevant informa-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15959-01-0
A. 10532 2
tion which shall include a photograph 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 notwith-
standing 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 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.