Assembly Bill A3389

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

                                  3389

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON,  KOON,  GUNTHER, BRADLEY, FIELDS,
  CARROZZA, REILLY, LATIMER, SPANO -- read  once  and  referred  to  the
  Committee on Correction

AN  ACT to amend the correction law, in relation to informing the media,
  members of the community,  child  care  centers  and  all  public  and
  private  elementary  and secondary schools with regard to the presence
  of a convicted sex offender

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

  Section  1.  Paragraphs  (a),  (b) and (c) of subdivision 6 of section
168-l of the correction law, paragraphs (a) and (b) as amended by  chap-
ter  106  of the laws of 2006 and paragraph (c) as separately amended by
chapters 318 and 680 of the  laws  of  2005,  are  amended  to  read  as
follows:
  (a)  If  the  risk  of  repeat offense is low, a level one 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  may
include  a  photograph  and  description  of  the offender and which may
include the name of the sex offender, approximate address based  on  sex
offender's  zip  code,  background  information including the offender's
crime of conviction, modus 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 commit-
ted  by  such  sex  offender; PROVIDED, HOWEVER, THAT WITHIN FORTY-EIGHT
HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR HIS OR  HER
DESIGNEE  OF  THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING JURISDICTION
SHALL NOTIFY THE MEDIA AND THE COMMUNITY,  INCLUDING  ALL  LICENSED  DAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04614-01-9
              

A. 3389                             2

CARE CENTERS AND ALL PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
LOCATED  WITHIN  A ONE-MILE RADIUS OF THE RESIDENCE OF THE SEXUAL PREDA-
TOR, OF THE PRESENCE OF  SUCH  SEXUAL  PREDATOR.  Any  entity  receiving
information  on  a sex offender may disclose or further disseminate such
information at its discretion.
  (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] SHALL 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, approx-
imate address based on sex offender's zip code,  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  offen-
der  to  any entity with vulnerable populations related to the nature of
the offense committed by such sex offender. Any entity receiving  infor-
mation on a sex offender may disclose or further disseminate such infor-
mation  at  its  discretion;  PROVIDED, FURTHER, THAT WITHIN FORTY-EIGHT
HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR HIS OR  HER
DESIGNEE  OF  THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING JURISDICTION
SHALL NOTIFY THE MEDIA AND THE COMMUNITY,  INCLUDING  ALL  LICENSED  DAY
CARE CENTERS AND ALL PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
LOCATED  WITHIN  A ONE-MILE RADIUS OF THE RESIDENCE OF THE SEXUAL PREDA-
TOR, OF THE PRESENCE OF SUCH SEXUAL PREDATOR. In addition, in such case,
the information described herein shall also be provided in the subdirec-
tory 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.
  (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 shall be notified  and
[may]  SHALL  disseminate  relevant  information  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 opera-
tion, 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 receiv-

A. 3389                             3

ing  information  on  a sex offender may disclose or further disseminate
such information at  its  discretion;  PROVIDED,  FURTHER,  THAT  WITHIN
FORTY-EIGHT HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR
HIS  OR  HER  DESIGNEE  OF THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING
JURISDICTION SHALL NOTIFY THE MEDIA AND  THE  COMMUNITY,  INCLUDING  ALL
LICENSED  DAY  CARE  CENTERS  AND  ALL PUBLIC AND PRIVATE ELEMENTARY AND
SECONDARY SCHOOLS LOCATED WITHIN A ONE-MILE RADIUS OF THE  RESIDENCE  OF
THE  SEXUAL  PREDATOR, OF THE PRESENCE OF SUCH SEXUAL PREDATOR. In addi-
tion, in such case, the information described [herein] IN THIS PARAGRAPH
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 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 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.