NY State Senate Bill 2009-S7492

Senate Bill S7492

2009-2010 Legislative Session

Requires the employment address of certain sex offenders to be reported to the division of criminal justice services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2010	referred to crime victims, crime and correction

2009-S7492 (ACTIVE) - Details

See Assembly Version of this Bill:: A985
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f & 168-l, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S512, A1201
2013-2014: S1093, A334
2015-2016: S3622, A3912
2017-2018: S249, A1637
2019-2020: S317, A1788
2021-2022: S3200, A3554
2023-2024: S691, A2073

2009-S7492 (ACTIVE) - Summary

Requires the employment address of certain sex offenders to be reported to the division of criminal justice services.

2009-S7492 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7492

 TITLE OF BILL :
An act to amend the correction law, in relation to the employment
address of sex offenders


 PURPOSE OR GENERAL IDEA OF BILL :
To authorize law enforcement to disseminate a Level 2 sex offenders
exact residence address and place of employment address to vulnerable
populations.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Amends Section 168-b (e) of correction Law relating to the
file DCJS is required to maintain pursuant to the provisions of the
Sex Offender Registration Act to include a Level 2 sex offender's
employment address and/or expected place of employment.

Section 2: Amends Section 168-f (2) (b-1) of correction Law to require
a Level 2 sex offender to sign an employment verification form stating
that he or she continues to be employed at the same address on each
anniversary of such offender's initial registration date.

Section 3: Amends Section 168-f (4) of correction Law to require a sex
offender to notify DCJS within 10 days of any change in employment
address.

Section 4: Amends Section 168-1 (6-b) of Correction Law to authorize
appropriate law enforcement to release a Level 2 sex offender's exact
address and address of the offender's place of employment to
vulnerable populations.

Section 5: Effective date.

 JUSTIFICATION :
Chapter 106 of the Laws of 2006 added moderate-risk Level 2 sex
offenders (in addition to current law's high-risk Level 3's) to the
Internet Sex Offender Subdirectory maintained by the Division of
Criminal Justice Services. When accessing this website, in addition to
a Level 2 sex offender's picture, the concerned public can now obtain
a Level 2 sex offender's exact home address and place of employment
address. However, the 2006 law failed to provide law enforcement the
authority to provide this essential information when notifying
vulnerable populations of a Level 2 sex offender's presence in their
communities. Under current law, law enforcement may only provide a
Level 2's zip code and is prohibited from releasing such offender's
employment address. This bill corrects this discrepancy by making the
same identifying information pertaining to Level 2 sex offenders that
is available to the general public through DCJS's website (exact home
address and employment address) available to law enforcement for
dissemination purposes.

 PRIOR LEGISLATIVE HISTORY :
2007: A.5415 02/15/2007 referred to correction 01/09/2008 referred to
correction O5/20/2008 held for consideration in correction

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2009-S7492 (ACTIVE) - Bill Text download pdf

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

                                  7492

                            I N  S E N A T E

                             April 15, 2010
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  correction  law,  in relation to the employment
  address of sex offenders

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

  Section  1.  Paragraph  (e)  of  subdivision 1 of section 168-b of the
correction law, as amended by chapter 10 of the laws of 2003, is amended
to read as follows:
  (e) If the sex offender has been given A LEVEL TWO OR  a  level  three
designation, such offender's employment address and/or expected place of
employment.
  S  2.  Paragraph  (b-1)  of  subdivision  2  of  section  168-f of the
correction law, as amended by chapter 10 of the laws of 2003, is amended
to read as follows:
  (b-1) If the sex offender has been given a LEVEL TWO OR A level  three
designation,  such  offender shall sign the verification form, and state
that he or she still is employed at the address  last  reported  to  the
division.
  S  3. Subdivision 4 of section 168-f of the correction law, as amended
by chapter 67 of the laws of 2008, is amended to read as follows:
  4. Any sex offender shall register with the division no later than ten
calendar days after any change of  address,  ANY  CHANGE  IN  EMPLOYMENT
ADDRESS,  internet  accounts with internet access providers belonging to
such offender, internet identifiers that such offender uses, or  his  or
her  status  of  enrollment,  attendance, employment or residence at any
institution of higher education. A fee of ten dollars, as authorized  by
subdivision  eight of section one hundred sixty-eight-b of this article,
shall be submitted by the sex offender each time such offender registers
any change of address or any change of his or her status of  enrollment,
attendance,  employment or residence at any institution of higher educa-
tion. Any failure or omission to  submit  the  required  fee  shall  not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00452-01-9

S. 7492                             2

affect the acceptance by the division of the change of address or change
of status.
  S 4. Paragraph (b) of subdivision 6 of section 168-l of the correction
law,  as  amended by chapter 106 of the laws of 2006, is 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,
[approximate  address  based on sex offender's zip code,] 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  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.
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.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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