S T A T E O F N E W Y O R K
________________________________________________________________________
5156
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. BUTLER -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to community notifica-
tion procedures under the sex offender registration act
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] 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. 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 available to the public.
Such law enforcement agencies shall compile, maintain and update a
listing of vulnerable organizational entities within its jurisdiction.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07889-01-9
A. 5156 2
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-
ing 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 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 sixtieth day after it shall
have become a law.