Assembly Bill A3796

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

                                  3796

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. WALKER, ALFANO, McDONOUGH, KOLB, RAIA, WEISEN-
  BERG, SALADINO, SPANO  --  Multi-Sponsored  by  --  M.  of  A.  BARRA,
  BOYLAND,  BURLING,  McKEVITT, MILLER, THIELE -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the correction law, in relation to required notification
  by school districts of sex offender residence

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

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraph (b) as amended by chapter 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:
  (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, 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, HOWEVER, THAT SCHOOL DISTRICTS, UPON
RECEIPT OF SUCH INFORMATION BY  THE  DISTRICT  SUPERINTENDENT  OR  CHIEF
SCHOOL  ADMINISTRATOR,  SHALL  DISSEMINATE BY U.S.   POSTAL SERVICE SUCH
INFORMATION TO ALL RESIDENTS RESIDING WITHIN SUCH SCHOOL DISTRICT.    In

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01540-01-9
              

A. 3796                             2

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 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  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 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,  PROVIDED,  HOWEVER,  THAT SCHOOL DISTRICTS, UPON RECEIPT OF
SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
TRATOR, SHALL DISSEMINATE BY U.S. POSTAL SERVICE SUCH INFORMATION TO ALL
RESIDENTS RESIDING WITHIN SUCH SCHOOL DISTRICT.   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 avail-
able 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 immediately.