S T A T E O F N E W Y O R K
________________________________________________________________________
947
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, KOLB, ERRIGO, RAIA, FITZPATRICK --
Multi-Sponsored by -- M. of A. BUTLER, OAKS, REILICH, THIELE -- read
once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to level three sex
offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 168-q of the correction law, as
amended by chapter 106 of the laws of 2006, is amended to read as
follows:
1. The division shall maintain a subdirectory of level two and three
sex offenders. The subdirectory shall include the exact address, address
of the offender's place of employment and photograph of the sex offender
along with the following information, if available: name, physical
description, age and distinctive markings. Background information
including the sex 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 a description of special conditions imposed on
the sex offender shall also be included. The subdirectory shall have sex
offender listings categorized by county and zip code. A copy of the
subdirectory shall annually be distributed to the offices of local
village, town, city, county or state law enforcement agencies for
purposes of public access. The division shall distribute monthly updates
to the offices of local village, town, city, county or state law
enforcement agencies for purposes of public access. IF THE MODUS OF
OPERATION OF THE SEX OFFENDER IS MINOR CHILDREN, THE DIVISION SHALL
NOTIFY LOCAL LAW ENFORCEMENT AGENCIES WHO SHALL IMMEDIATELY PROVIDE FOR
THE DISSEMINATION OF SUCH INFORMATION TO LOCAL SUPERINTENDENTS OF PUBLIC
SCHOOLS, HEADS OF LOCAL PRIVATE SCHOOLS, AND LOCAL ELECTED OFFICIALS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01403-01-9
A. 947 2
INCLUDING BUT NOT LIMITED TO, STATE LEGISLATORS, COUNTY EXECUTIVES,
COUNTY LEGISLATORS, TOWN SUPERVISORS, TOWN BOARD MEMBERS, VILLAGE AND
CITY MAYORS AND VILLAGE AND CITY TRUSTEES. FURTHERMORE, ALL ADJACENT
RESIDENTIAL AND COMMERCIAL PROPERTY OWNERS LOCATED WITHIN ONE THOUSAND
FEET OF THE SEX OFFENDER'S ADDRESS SHALL BE NOTIFIED BY THE LOCAL LAW
ENFORCEMENT AGENCY.
Such departments shall require that a person in writing provide their
name and address prior to viewing the subdirectory. Any information
identifying the victim by name, birth date, address or relation to the
sex offender shall be excluded from the subdirectory distributed for
purposes of public access. The subdirectory provided for herein shall be
updated monthly to maintain its efficiency and usefulness and shall be
computer accessible. Such subdirectory shall be made available at all
times on the internet via the division homepage.
S 2. This act shall take effect immediately.