NY State Senate Bill 2009-S7901

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
May 20, 2010	referred to crime victims, crime and correction

2009-S7901 (ACTIVE) - Details

See Assembly Version of this Bill:: A10895
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-a, 168-f, 168-l, 168-q & 168-o, Cor L; amd §§20.40, 190.30 & 720.10, CP L

2009-S7901 (ACTIVE) - Summary

Relates to the notification requirements of sex offenders.

2009-S7901 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7901

 TITLE OF BILL :

An act to amend the correction law and the criminal procedure law, in
relation to sex offenders


 PURPOSE OF THE BILL :

This bill would amend the Sex Offender Registration Act (SORA) and the
Criminal Procedure Law to help ensure that: (1) the sex offender
registry is accurate and complete; (2) citizens and law enforcement
can readily be informed of and access information contained on the
registry; and (3) offenders who do not comply with address
verification requirements can be effectively prosecuted.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Correction Law . 168-a(2)(a) to
clarify that a person convicted of a sexually motivated felony is
required to register as a sex offender.

Section 2 of the bill would amend Correction Law . 168-a(2)(d) to
require that persons convicted of any crime, not just a felony, in
another jurisdiction for which registration as a sex offender is

required are required to register when establishing a residence in New
York.

Section 3 of the bill would amend Correction Law . 168-a(2)( e) to
require that persons convicted of an attempt to commit unlawful
surveillance in the second degree, as defined in Penal Law
§250.45(2)(3) or (4), must register as sex offenders.

Section 4 of the bill would amend Correction Law §168-f(2)(b-2), (b-3)
and (c) to require a Level 2 sex offender to appear in person at the
local law enforcement agency having jurisdiction every year for a
photograph, and to provide that a sex offender who fails to mail an
annual verification form within 10 days of receipt of the form from
the Division of Criminal Justice Services (DCJS) would be guilty of a
violation of the requirement to annually verify a residence address,
even if the offender has not changed his or her residence address.

Section 5 of the bill would amend Correction Law § 168-f(3) to require
a Level 3 sex offender or a sexual predator to personally verify his
or her address with the local law enforcement agency having
jurisdiction no later than 10 days after release or relocation and
then every 90 days thereafter.

Section 6 of the bill would amend Correction Law § 168-1(6)(b) to
authorize a local law enforcement agency providing community
notification concerning a Level 2 sex offender to provide citizens
with the offender's exact address.

Section 7 of the bill would amend Correction Law § 168-q to eliminate
the requirement that a subdirectory of Level 2 and 3 offenders be
distributed to local law enforcement agencies and updated monthly.

Section 8 of the bill would amend Correction Law § 168-o(3) to
authorize a court in which an offender has been convicted of a new
offense to hear a petition to modify the offender's risk level rather
than just the court that determined the original risk level.

Section 9 of the bill would add a new Criminal Procedure Law (CPL) §
2040(4)(n) to provide that a prosecution for failure to register or
verify may be brought in any court having jurisdiction over the place
the offender is currently residing, the place the offender previously
resided, the place the offender reported that he or she was residing
to DCJS or any place the offender was residing when he or she reported
an address to DCJS.

Section 10 of the bill would amend CPL § 190.30(3-a) to allow the
introduction in a grand jury of a statement concerning the lack of
certain sex offender registration forms.

Section 11 of the bill would amend CPL § 720.10(2)(a) to add certain
felony sex offenses to the list of offenses which disqualify a person
from being found an "eligible youth."

Section 12 of the bill would amend CPL § 720.10(3) to allow a court to
find that a person is an "eligible youth," notwithstanding a
conviction for a disqualifying felony sex offense, only when certain
mitigating factors exist.

Section 13 of the bill would provide for an immediate effective date.

 EXISTING LAW :

Under the existing SORA statute, only persons convicted of a felony in
another jurisdiction for which registration is required must register
in New York State. Additionally, a sex offender who fails to annually
verify his or her address is not in violation of the statute if he or
she has not changed residence address. A Level 3 sex offender or a
sexual predator is required to personally verify his or her address
with the local law enforcement agency having jurisdiction every 90
days after release. Currently, Level 1 and 2 sex offenders must appear
for a photograph every 3 years. Local law enforcement agencies may
only notify the public of the approximate address based on zip code of
a Level 2 sex offender. Only the court that sentenced a sex offender
or made a risk level determination can modify an offender's risk level
following a conviction for a new crime.

Neither the SORA statute nor the CPL contains any provision specifying
the proper geographical jurisdiction for prosecution of a failure to
register offense. Youthful offenders are not required to register as
sex offenders. The CPL specifies only three enumerated sex offenses
that disqualify the person convicted from youthful offender treatment.

 STATEMENT IN SUPPORT :

SORA was enacted to enable citizens and law enforcement to monitor the
whereabouts of offenders. While it has been an effective tool in
keeping communities safe, experience has shown that there are several
shortcomings in the law that may sometimes undermine its objectives.
This legislation would address the deficiencies in the current
statute.

SORA requires DCJS to mail a verification form to each registered sex
offender's last reported address each year in order to verify that the
offender's address listed on the registry is accurate. The offender is
required to sign the form and return it to DCJS within 10 days of
receipt. If the form is returned to DCJS by the United States Post
Office, or is not returned at all, DCJS notifies the appropriate law
enforcement agency that the offender has failed to return his or her
annual verification. Because SORA currently provides that a sex
offender is in violation of this section unless he or she proves that
he or she has not changed his or her residence address, some offenders
who have not changed their residence address do not return the form to
DCJS.  This flouting of the verification requirement results in wasted
law enforcement resources used in determining whether the offender is
actually present at the last reported address. By allowing prosecution
of all offenders who fail to verify their addresses, all offenders
will have an incentive to comply with the law, local law enforcement
agencies and the community will have a greater assurance that the
address reported on the registry is correct and offenders who properly
report their address to DCJS will not be subject to unnecessary
intrusion by police.

This proposal will further enhance public safety by requiring high
risk sex offenders and sexual predators to personally appear before
the local law enforcement agency within 10 days of release or
relocation, instead of the current 90 days. In addition to giving law
enforcement agencies an earlier opportunity to meet and evaluate
dangerous sex offenders, this amendment will assist offenders in
meeting their registration obligations by providing clearer direction
as to exactly when the personal verification is due. Further,
requiring a Level 2 sex offender to appear personally at a law
enforcement agency each year for a photograph, rather than every three
years, will enhance public safety by allowing the law enforcement
agency to personally interact with the offender each year and by
ensuring that the photograph on the· DCJS website is accurate.

A Subdirectory of Level 2 and Level 3 sex offenders is maintained on
the DCJS homepage. While SORA was amended in 2006 to authorize DCJS to
maintain information about Level 2 offenders, including the exact
address, on the subdirectory, no corresponding amendment was made to
allow law enforcement to provide such offenders' actual addresses to
the community. This has created an absurd and unworkable situation
whereby a police agency cannot inform the public of a Level 2
offender's address, even though the address is available on the DCJS
website. The local law enforcement agency cannot even print the
offender's details from DCJS's public website for distribution to the
public, depriving them of an easy, low cost manner of community
notification. This flaw also disadvantages citizens who do not have
ready access to the Internet by depriving them of access to
information that is provided to Internet users. Further, when SORA was
first enacted, the Subdirectory was printed and distributed to law
enforcement agencies by DCJS. Given the number of offenders listed on
the Subdirectory, it soon became impossible to create a printed
Subdirectory. Several years ago, DCJS discontinued print access and
directed law enforcement agencies to allow the public to view the
Subdirectory through the DCJS website. However, the outdated language
directing the annual distribution and monthly updating remains in the
law and should be removed to reflect current practice.

This proposal would authorize any court in which a sex offender stands
convicted of a new crime, which may indicate an increased risk of
repeat sex offense, to increase the offender's risk level. Currently,
only the court that made the original risk level determination can
hear such a petition. Therefore, when a sex offender commits another
crime, which has an impact on his or her threat to the community, in a
county other than the one in which he or she was convicted of the sex
offense requiring registration, the District Attorney in the latter
county is powerless to initiate an increase in the sex offender's risk
level.

This proposal would also assist local prosecutors in enforcing SORA by
clearly defining which courts have jurisdiction over a defendant who
fails to register. When a registered sex offender provides a false
address or fails to personally verify his or her address if required,
it is unclear where a prosecution for failure to register or verify
may be brought. This proposal would allow a prosecution to be brought
in the county in which an offender is found to be residing, the county
in which an offender previously resided and left without notifying
DCJS of a change of address, the county in which an offender notified
DCJS that he or she was residing or the county in which an offender
was present when he or she reported an address to DCJS. In cases where
an offender moves or is released from incarceration and provides a
false address to DCJS, questions are often raised as to which court
has jurisdiction over the failure to register or verify offense. This
jurisdictional confusion makes it more difficult for a law enforcement
agency to obtain a warrant and hampers the ability of police and
prosecutors to hold sex offenders responsible for their attempts to
flout the law.

A prosecutor seeking to hold a registered sex offender accountable for
his or her failure to register must obtain the personal testimony of a
member of DCJS's registry staff or follow the somewhat complicated
procedures of the Civil Procedure Laws and Rules to introduce evidence
that an offender did not file a change of address or other information
with DCJS. This proposal would amend the CPL to allow a report that
the registry does not have a particular sex offender record to be
admitted in a grand jury proceeding, saving employee time and travel
costs that would otherwise be incurred by requiring the in person
testimony of a DCJS registry employee.

Currently, only three sex offenses u rape in the first degree,
criminal sexual act in the first degree and aggravated sexual abuse --
disqualify an individual from being adjudicated an eligible youth and
accorded youthful offender treatment. Unlike a conviction, a youthful
offender adjudication does not subject the person adjudicated to
registration as a sex offender.  CPL § 720.10(2)(a) has not been
amended since 1986. Since that time, New York has added several sex
crimes to the Penal Law, including course of sexual conduct with a
child in the first and second degrees, facilitating a sex offense with
a controlled substance and sexual abuse in the first degree. Young
offenders who commit these crimes, as well as other serious sex
offenses, should be eligible for registration in some circumstances.
This proposal would update the list of disqualifying offenses to
include a number of Class B, C and D felony sex offenses, thus
ensuring that dangerous sex offenders cannot hide behind the anonymity
of youthful offender treatment. Nonetheless, where an offender can
show, and a court finds, certain mitigating circumstances, a judge may
grant youthful offender protections despite the conviction for these
disqualifying crimes.

 BUDGET IMPLICATIONS :

This bill would have no State or local fiscal impact.

 EFFECTIVE DATE :
This bill would be effective immediately, except the provision
relating to the registration of out-of-state offenders would apply
only to those out-of state offenders who establish a residence in New
York after the effective date of the act.

2009-S7901 (ACTIVE) - Bill Text download pdf

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

                                  7901

                            I N  S E N A T E

                              May 20, 2010
                               ___________

Introduced  by  Sen. FOLEY -- (at request of the Governor) -- 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 and the criminal  procedure  law,  in
  relation to sex offenders

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

  Section 1. Paragraph (a) of subdivision 2  of  section  168-a  of  the
correction  law,  as  amended  by  chapter  405  of the laws of 2008, is
amended to read as follows:
  (a) (i) a conviction of or a conviction for an attempt to  commit  any
of  the  provisions  of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
or  135.25  of  such  law  relating to kidnapping offenses, provided the
victim of such kidnapping or related  offense  is  less  than  seventeen
years  old  and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 or 230.06, or  subdivision  two  of  section  230.30,  or
section  230.32 or 230.33 of the penal law, or (ii) a conviction of or a
conviction for an attempt to commit any of  the  provisions  of  section
235.22 of the penal law, or (iii) a conviction of or a conviction for an
attempt  to commit any provisions of the foregoing sections committed or
attempted as a hate crime defined in section 485.05 of the penal law  or
as  a  crime of terrorism defined in section 490.25 of such law, or [as]
(IV) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT a sexually
motivated felony defined in section 130.91 of [such] THE PENAL law; or
  S 2. Subparagraph (ii) of paragraph (d) of subdivision  2  of  section
168-a  of  the  correction  law, as amended by chapter 11 of the laws of
2002, is amended to read as follows:
  (ii) a [felony] CRIME in any other jurisdiction for which the offender
is required to register as a sex offender in the jurisdiction  in  which
the conviction occurred or,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12213-02-0

S. 7901                             2

  S 3. Paragraph (e) of subdivision 2 of section 168-a of the correction
law,  as  added by chapter 69 of the laws of 2003, is amended to read as
follows:
  (e)  a  conviction  of OR A CONVICTION FOR AN ATTEMPT TO COMMIT any of
the provisions of subdivision two, three or four of  section  250.45  of
the  penal  law,  unless  upon motion by the defendant, the trial court,
having regard to the nature and circumstances of the crime  and  to  the
history and character of the defendant, is of the opinion that registra-
tion would be unduly harsh and inappropriate.
  S 4. Paragraphs (b-2), (b-3) and (c) of subdivision 2 of section 168-f
of  the correction law, paragraphs (b-2) and (b-3) as added by section 2
of part O of chapter 56 of the laws of 2005 and paragraph (c) as amended
by chapter 453 of the laws of 1999, are amended to read as follows:
  (b-2) If the sex offender has been given a level TWO OR  three  desig-
nation,  he or she shall personally appear at the law enforcement agency
having jurisdiction within twenty days of the first anniversary  of  the
sex offender's initial registration and every year thereafter during the
period of registration for the purpose of providing a current photograph
of  such  offender. The law enforcement agency having jurisdiction shall
photograph the sex offender and shall promptly forward a  copy  of  such
photograph  to the division. For purposes of this paragraph, if such sex
offender is confined in a state  or  local  correctional  facility,  the
local  law  enforcement  agency having jurisdiction shall be the warden,
superintendent, sheriff or other person in charge of the state or  local
correctional facility.
  (b-3)  If  the  sex offender has been given a level one [or level two]
designation, he or she shall personally appear at  the  law  enforcement
agency  having  jurisdiction within twenty days of the third anniversary
of the sex offender's initial registration and every three years  there-
after  during  the period of registration for the purpose of providing a
current photograph of such offender. The law enforcement  agency  having
jurisdiction  shall  photograph  the  sex  offender  and  shall promptly
forward a copy of such photograph to the division. For purposes of  this
paragraph,  if such sex offender is confined in a state or local correc-
tional facility, the local law enforcement  agency  having  jurisdiction
shall  be  the warden, superintendent, sheriff or other person in charge
of the state or local correctional facility.
  (c) If the sex offender fails to mail the signed verification form  to
the  division  within ten calendar days after receipt of the form, he or
she shall be in violation of this [section unless he proves that  he  or
she has not changed his or her residence address] ARTICLE.
  S  5. Subdivision 3 of section 168-f of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  3. The provisions of subdivision two of this section shall be  applied
to  a  sex  offender required to register under this article except that
such sex offender designated as a sexual predator or having been given a
level three designation must ALSO personally verify his or  her  address
with  the  local  law enforcement agency NO LATER THAN TEN CALENDAR DAYS
AFTER THE DATE OF RELEASE OR COMMENCEMENT OF PAROLE, POST-RELEASE SUPER-
VISION, OR PROBATION, OR RELEASE  ON  PAYMENT  OF  A  FINE,  CONDITIONAL
DISCHARGE  OR UNCONDITIONAL DISCHARGE OR ANY CHANGE OF RESIDENCE ADDRESS
AND every ninety calendar days [after the date of release  or  commence-
ment  of parole or post-release supervision, or probation, or release on
payment of a fine, conditional  discharge  or  unconditional  discharge]
THEREAFTER. The duty to personally verify shall be temporarily suspended
during  any period in which the sex offender is confined to any state or

S. 7901                             3

local correctional facility, hospital or  institution  and  shall  imme-
diately recommence on the date of the sex offender's release.
  S 6. 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]  EXACT  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
such  information  at  its  discretion.  In  addition, in such case, the
information described herein shall also be provided in the  [subdirecto-
ry]  DIRECTORY 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 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  7. Subdivision 1 of section 168-q of the correction law, as amended
by chapter 478 of the laws of 2009, 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. 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

S. 7901                             4

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. Any  person  may  apply  to  the
division  to  receive  automated  e-mail notifications whenever a new or
updated subdirectory registration occurs in a geographic area  specified
by  such person. The division shall furnish such service at no charge to
such person, who shall request e-mail notification by county and/or  zip
code  on  forms developed and provided by the division. E-mail notifica-
tion is limited to three geographic areas per e-mail account.
  S 8. Subdivision 3 of section 168-o of the correction law, as  amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  3.  The  district  attorney may file a petition to modify the level of
notification for a sex offender with the sentencing court  or  with  the
court  which  made the determination regarding the level of notification
OR WITH ANY COURT IN WHICH THE SEX OFFENDER HAS BEEN CONVICTED OF A  NEW
CRIME,  where the sex offender (a) has been convicted of a new crime, or
there has been a determination after a proceeding  pursuant  to  section
410.70 of the criminal procedure law or section two hundred fifty-nine-i
of  the  executive  law  that  the sex offender has violated one or more
conditions imposed as part of a sentence  of  a  conditional  discharge,
probation,  parole  or  post-release supervision for a designated crime,
and (b) the conduct underlying the new crime or the violation  is  of  a
nature  that  indicates  an  increased risk of a repeat sex offense. The
petition shall set forth the level of notification sought, together with
the reasons for seeking such determination. The district attorney  shall
bear  the burden of proving the facts supporting the requested modifica-
tion, by clear and convincing evidence. In the event that  the  district
attorney's  petition is granted, the sex offender may appeal as of right
from the order, pursuant  to  the  provisions  of  articles  fifty-five,
fifty-six  and  fifty-seven  of  the civil practice law and rules. Where
counsel has been assigned to represent the offender upon the ground that
he or she is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
proceed  as  a poor person, pursuant to article eighteen-B of the county
law.
  S 9. Subdivision 4 of section 20.40 of the criminal procedure  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  AN  OFFENSE OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER AS
REQUIRED BY ARTICLE SIX-C OF THE CORRECTION LAW MAY BE PROSECUTED IN (I)
ANY COUNTY IN WHICH SUCH SEX OFFENDER RESIDES; (II) ANY COUNTY IN  WHICH
SUCH SEX OFFENDER PREVIOUSLY RESIDED DURING THE PERIOD IN WHICH SUCH SEX
OFFENDER  WAS  REQUIRED  TO REGISTER; (III) ANY COUNTY IN WHICH SUCH SEX
OFFENDER NOTIFIED THE DIVISION OF CRIMINAL JUSTICE SERVICES, PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW, THAT HE  OR  SHE  WAS  RESIDING  OR
INTENDED  TO  RESIDE;  OR (IV) ANY COUNTY IN WHICH SUCH SEX OFFENDER WAS
CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION WHEN HE OR SHE MADE  A  NOTIFICATION  OF  A  RESIDENCE  ADDRESS  AS
REQUIRED BY ARTICLE SIX-C OF THE CORRECTION LAW.
  S 10. Subdivision 3-a of section 190.30 of the criminal procedure law,
as  added  by  chapter  453  of  the laws of 1999, is amended to read as
follows:
  3-a. (A) A sex offender registration form, sex  offender  registration
continuation/supplemental  form, sex offender registry address verifica-
tion form, sex offender change of address form or a copy  of  such  form

S. 7901                             5

maintained  by  the  division of criminal justice services concerning an
individual who is the subject of a  grand  jury  proceeding,  may,  when
certified  by a person designated by the commissioner of the division of
criminal  justice  services  as the person to certify such records, as a
true copy thereof, be received in such grand jury proceeding as evidence
of the facts stated therein.
  (B) A STATEMENT, SIGNED BY A PERSON DESIGNATED  IN  PARAGRAPH  (A)  OF
THIS  SUBDIVISION, THAT HE OR SHE HAS MADE A SEARCH OF THE RECORDS MAIN-
TAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND  HAS  FOUND  NO
RECORD  OF  A  SEX OFFENDER REGISTRATION FORM, SEX OFFENDER REGISTRATION
CONTINUATION/SUPPLEMENTAL FORM, SEX OFFENDER REGISTRY ADDRESS  VERIFICA-
TION FORM OR SEX OFFENDER CHANGE OF ADDRESS FORM IS PRIMA FACIE EVIDENCE
THAT THE RECORDS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES CONTAIN NO
SUCH   SEX   OFFENDER   REGISTRATION  FORM,  SEX  OFFENDER  REGISTRATION
CONTINUATION/SUPPLEMENTAL FORM, SEX OFFENDER REGISTRY ADDRESS  VERIFICA-
TION FORM OR SEX OFFENDER CHANGE OF ADDRESS FORM.
  S 11. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a)  the  conviction  to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
defined  in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first degree, RAPE IN THE SECOND
DEGREE, criminal sexual act in the first degree,  [or]  CRIMINAL  SEXUAL
ACT  IN  THE SECOND DEGREE, SEXUAL ABUSE IN THE FIRST DEGREE, aggravated
sexual abuse IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE IN THE  SECOND
DEGREE,  AGGRAVATED  SEXUAL  ABUSE IN THE THIRD DEGREE, COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE FIRST DEGREE, COURSE  OF  SEXUAL  CONDUCT
AGAINST A CHILD IN THE SECOND DEGREE, OR FACILITATING A SEX OFFENSE WITH
A CONTROLLED SUBSTANCE, except as provided in subdivision three, or
  S  12.  Subdivision 3 of section 720.10 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  3.  Notwithstanding the provisions of subdivision two, a youth who has
been convicted of an armed felony  offense  or  of  rape  in  the  first
degree,  RAPE  IN  THE  SECOND  DEGREE, criminal sexual act in the first
degree, [or] CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, SEXUAL  ABUSE  IN
THE  FIRST  DEGREE,  aggravated sexual abuse IN THE FIRST DEGREE, AGGRA-
VATED SEXUAL ABUSE IN THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN  THE
THIRD  DEGREE,  COURSE  OF  SEXUAL  CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE  SECOND  DEGREE,
OR FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE is an eligible
youth  if the court determines that one or more of the following factors
exist: (i) mitigating circumstances that bear directly upon  the  manner
in  which  the  crime was committed; or (ii) where the defendant was not
the sole participant in the crime,  the  defendant's  participation  was
relatively minor although not so minor as to constitute a defense to the
prosecution.  Where  the  court  determines that the eligible youth is a
youthful offender, the court shall make a statement on the record of the
reasons for its determination, a transcript of which shall be  forwarded
to  the  state  division  of  criminal  justice  services, to be kept in
accordance with the provisions of subdivision  three  of  section  eight
hundred thirty-seven-a of the executive law.
  S  13. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (ii) of paragraph (d) of subdivision 2 of
section 168-a of the correction law, made by section  two  of  this  act

S. 7901                             6

shall  apply  to  persons  who committed a crime in another jurisdiction
prior to the effective date of this act who  establish  a  residence  in
this state on or after the effective date of this act.

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Senate Bill S7901

Sponsored By

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

2009-S7901 (ACTIVE) - Details

2009-S7901 (ACTIVE) - Summary

2009-S7901 (ACTIVE) - Sponsor Memo

2009-S7901 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7901

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Sponsored By

Brian X. Foley

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

2009-S7901 (ACTIVE) - Details

2009-S7901 (ACTIVE) - Summary

2009-S7901 (ACTIVE) - Sponsor Memo

2009-S7901 (ACTIVE) - Bill Text download pdf

Comments