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Assembly Bill A3754

2009-2010 Legislative Session

Relates to lifetime probation and electronic monitoring of certain sexual offenders

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Archive: Last Bill Status - In Assembly Committee

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2009-A3754 (ACTIVE) - Details

See Senate Version of this Bill:
S4002
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-g & 168-l, Cor L
Versions Introduced in 2011-2012 Legislative Session:
A6456

2009-A3754 (ACTIVE) - Summary

Provides that any sex offender who is convicted of molesting a child under the age of fourteen, after such sex offender has served the jail time for a previous sexual offense as defined in subdivisions two or three of section 168-a of the correction law, shall be subject to lifetime probation and an electronic monitoring device to be monitored by the division of criminal justice services.

2009-A3754 (ACTIVE) - Bill Text download pdf 

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

                                  3754

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. KOON, SCHIMMINGER, BENEDETTO, LUPARDO, GUNTHER,
  GALEF, EDDINGTON -- Multi-Sponsored by -- M.  of  A.  ABBATE,  ALFANO,
  BARRA,  BOYLAND, BOYLE, COLTON, COOK, DIAZ, ENGLEBRIGHT, MAGEE, ROBIN-
  SON, SCHROEDER, SEMINERIO, WEISENBERG -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law, in relation  to  lifetime  probation
  and electronic monitoring of certain sexual offenders

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

  Section 1. Section 168-g of the correction law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, ANY
SEX OFFENDER WHO IS CONVICTED OF MOLESTING A  CHILD  UNDER  THE  AGE  OF
FOURTEEN,  AFTER  SUCH  SEX OFFENDER HAS SERVED JAIL TIME FOR A PREVIOUS
SEXUAL OFFENSE AS DEFINED IN SUBDIVISION TWO OR  THREE  OF  SECTION  ONE
HUNDRED  SIXTY-EIGHT-A  OF  THIS  ARTICLE,  SHALL BE SUBJECT TO LIFETIME
PROBATION AND AN ELECTRONIC MONITORING DEVICE TO  BE  MONITORED  BY  THE
DIVISION.
  S  2.  Subdivision 6 of section 168-l of the correction law is amended
by adding a new paragraph (d) to read as follows:
  (D) IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, IF  THE  RISK
OF  A  REPEAT  OFFENSE IS HIGH OR IF THE SEXUAL OFFENDER IS CONVICTED OF
MOLESTING A CHILD UNDER THE AGE OF FOURTEEN AFTER SUCH  SEXUAL  OFFENDER
HAS  SERVED JAIL TIME FOR A PREVIOUS SEXUAL OFFENSE AS DEFINED IN SUBDI-
VISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF  THIS  ARTI-
CLE,  SUCH  SEXUAL  OFFENDER  SHALL BE GRANTED LIFETIME PROBATION AND AN
ELECTRONIC MONITORING DEVICE DISTRIBUTED AND MONITORED BY THE DIVISION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02336-01-9

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