Assembly Bill A1799

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

                                  1799

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A. DINOWITZ, DelMONTE, FIELDS, GUNTHER, LUPARDO,
  GALEF, MAISEL, WEISENBERG, CLARK -- Multi-Sponsored by  --  M.  of  A.
  BOYLAND, CHRISTENSEN, CROUCH, DIAZ, ERRIGO, FINCH, GIGLIO, JOHN, KOON,
  P. LOPEZ,  MARKEY, MAYERSOHN, McENENY, McKEVITT, SPANO, SWEENEY, TOWN-
  SEND, WALKER -- read once and referred to  the  Committee  on  Govern-
  mental Operations

AN  ACT  to amend the executive law, in relation to establishing a meth-
  amphetamine manufacturer registry

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "methamphetamine manufacturer registry act".
  S 2. The executive law is amended by adding a  new  section  837-s  to
read as follows:
  S  837-S.  METHAMPHETAMINE  MANUFACTURER REGISTRY. 1. (A) THE DIVISION
SHALL ESTABLISH AND MAINTAIN A METHAMPHETAMINE MANUFACTURER REGISTRY FOR
THE PURPOSE OF IDENTIFYING PERSONS CONVICTED OF MANUFACTURING METHAMPHE-
TAMINE, AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE  METHAMPHE-
TAMINE  MANUFACTURER REGISTRY SHALL CONTAIN SUCH INDIVIDUAL'S NAME, DATE
OF BIRTH, OFFENSE OR OFFENSES REQUIRING INCLUSION IN THE METHAMPHETAMINE
MANUFACTURER REGISTRY, THE CONVICTION  DATE  AND  COUNTY  OF  EACH  SUCH
OFFENSE,  AND  SUCH  OTHER IDENTIFYING INFORMATION AS THE DIVISION DEEMS
NECESSARY TO IDENTIFY SUCH INDIVIDUAL, BUT SHALL NOT INCLUDE THE  SOCIAL
SECURITY NUMBER OF SUCH PERSON.
  (B)  THE DIVISION SHALL MAKE THE INFORMATION CONTAINED IN THE REGISTRY
ACCESSIBLE TO THE PUBLIC AND ON  THE  INTERNET  THROUGH  THE  DIVISION'S
WEBSITE. THE DIVISION SHALL UPDATE INFORMATION AS IT DEEMS NECESSARY.
  (C)  THE  DIVISION SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SECTION WHICH SHALL INCLUDE PROCEDURES TO ENSURE THAT THE
INFORMATION IN THE REGISTRY IS ACCURATE, AND THAT THE INFORMATION IN THE
REGISTRY REFLECTS ANY CHANGES BASED ON THE REVERSAL OF A CONVICTION  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00663-01-9
              

A. 1799                             2

AN  OFFENSE  REQUIRING  INCLUSION  IN  THE  METHAMPHETAMINE MANUFACTURER
REGISTRY, OR A COURT ORDER  REQUIRING  THE  SEALING  OR  EXPUNGEMENT  OF
RECORDS RELATING TO THE OFFENSE. A CERTIFIED COPY OF SUCH AN ORDER SHALL
BE  DEEMED  PRIMA  FACIE  TRUE  AND  CORRECT AND, SHALL BE SUFFICIENT TO
REQUIRE THE IMMEDIATE AMENDMENT OR REMOVAL OF ANY  PERSON'S  INFORMATION
FROM THE REGISTRY.
  2.  FOR  THE PURPOSES OF THIS SECTION A "METHAMPHETAMINE MANUFACTURER"
SHALL MEAN A PERSON CONVICTED OF ANY OF THE FOLLOWING OFFENSES:   CRIMI-
NAL  POSSESSION  OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE SECOND
DEGREE (220.70); CRIMINAL POSSESSION  OF  METHAMPHETAMINE  MANUFACTURING
MATERIAL IN THE FIRST DEGREE (220.71); CRIMINAL POSSESSION OF PRECURSORS
OF  METHAMPHETAMINE (220.72); UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN
THE THIRD DEGREE (220.73); UNLAWFUL MANUFACTURE  OF  METHAMPHETAMINE  IN
THE  SECOND  DEGREE (220.74); UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN
THE FIRST DEGREE (220.75);  AND  UNLAWFUL  DISPOSAL  OF  METHAMPHETAMINE
LABORATORY MATERIAL (220.76) OF THE PENAL LAW.
  3.  (A)  ANY  COURT  CLERK  OF  A  COURT  HAVING JURISDICTION OVER THE
OFFENSES ENUMERATED IN SUBDIVISION TWO OF  THIS  SECTION  SHALL  FORWARD
MONTHLY  TO THE DIVISION A COPY OF THE JUDGMENT FOR ANY PERSON CONVICTED
OF AN OFFENSE WITHIN THE DEFINITION OF METHAMPHETAMINE MANUFACTURER,  AS
SET FORTH IN SUBDIVISION TWO OF THIS SECTION DURING THE PREVIOUS MONTH.
  (B)  WITHIN  ONE  HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER OF CORRECTIONAL SERVICES SHALL FORWARD TO  THE
DIVISION A LIST OF ALL PERSONS INCARCERATED OR ON PAROLE OR POST-RELEASE
SUPERVISION, WHO HAVE BEEN CONVICTED OF AN OFFENSE WITHIN THE DEFINITION
OF METHAMPHETAMINE MANUFACTURER, AS SET FORTH IN SUBDIVISION TWO OF THIS
SECTION.
  4.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.