S T A T E O F N E W Y O R K
________________________________________________________________________
8448
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
___________
Introduced by M. of A. TEDISCO, KOLB, SCOZZAFAVA, McDONOUGH, RAIA,
THIELE, MOLINARO, WALKER -- Multi-Sponsored by -- M. of A. ALFANO,
BACALLES, BARCLAY, BARRA, BOYLE, BURLING, BUTLER, CALHOUN, CONTE,
CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAWLEY, HAYES, McKEVITT,
MILLER, OAKS, O'MARA, QUINN, RABBITT, REILICH, SALADINO, SAYWARD,
TOBACCO, TOWNSEND -- read once and referred to the Committee on
Correction
AN ACT to amend the correction law, in relation to information dissem-
inated on level two sex offenders; and to amend the social services
law, in relation to child abuse notification liability
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 168-1 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] SHALL include the exact name and any aliases used by the sex
offender, approximate address based on sex offender's zip code, back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07928-02-9
A. 8448 2
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 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] SHALL 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. The social services law is amended by adding a new section 419-a
to read as follows:
S 419-A. IMMUNITY FROM LIABILITY. ANY TEACHER, OFFICIAL OR EDUCA-
TIONAL INSTITUTION WHO, IN GOOD FAITH, FAILS TO NOTIFY A PARENT, GUARDI-
AN OR OTHER PERSON LEGALLY RESPONSIBLE FOR A CHILD, THAT SUCH CHILD IS
BEING QUESTIONED ON SCHOOL PROPERTY BY LAW ENFORCEMENT REGARDING ALLEGA-
TIONS OF CHILD ABUSE ALLEGEDLY PERPETRATED BY THAT CHILD'S PARENT, GUAR-
DIAN, ETC., IS IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR FAILING TO
NOTIFY THE PARENT, GUARDIAN, ETC. OF THE QUESTIONING. IN ORDER TO QUALI-
FY FOR THIS IMMUNITY, THE EMPLOYEE, OFFICIAL OR EDUCATIONAL INSTITUTION
A. 8448 3
MUST HAVE A REASONABLE BELIEF THAT THE PARENT, GUARDIAN, ETC. PERPE-
TRATED THE ABUSE.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.