Assembly Bill A1521

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

                                  1521

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A.  TEDISCO  --  Multi-Sponsored  by -- M. of A.
  AMEDORE, BARCLAY, BURLING, CONTE, CROUCH, DUPREY, FINCH, HAWLEY, KOLB,
  McKEVITT, J. MILLER, MOLINARO, OAKS, RAIA,  REILICH,  SAYWARD,  SPANO,
  THIELE -- read once and referred to the Committee on Transportation

AN  ACT  to amend the vehicle and traffic law and the correction law, in
  relation to requiring the department  of  motor  vehicles  to  provide
  certain  information  on  level three sex offenders to police officers
  and peace officers making an inquiry relating to a  driver's  license,
  non-driver identification card or motor vehicle registration

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

  Section 1. Section 201 of the vehicle and traffic law  is  amended  by
adding a new subdivision 8 to read as follows:
  8. THE COMMISSIONER SHALL MAINTAIN AND UPDATE, IN A TIMELY MANNER, ALL
INFORMATION  PROVIDED  TO THE DEPARTMENT BY THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES ON LEVEL THREE SEX OFFENDERS PURSUANT TO PARAGRAPH  (C)
OF   SUBDIVISION  SIX  OF  SECTION  ONE  HUNDRED  SIXTY-EIGHT-L  OF  THE
CORRECTION LAW.  UPON RECEIPT OF ANY INQUIRY, IN WRITTEN  OR  ELECTRONIC
FORM,  FROM  A  POLICE OFFICER OR PEACE OFFICER RELATING TO THE DRIVER'S
LICENSE OR NON-DRIVER IDENTIFICATION CARD OF ANY PERSON WHO IS  A  LEVEL
THREE  SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, THE
DEPARTMENT SHALL PROVIDE TO THE POLICE  OFFICER  OR  PEACE  OFFICER  ALL
INFORMATION RECEIVED BY THE DEPARTMENT FROM THE COMMISSIONER OF CRIMINAL
JUSTICE SERVICES WITH REGARD TO SUCH SEX OFFENDER.
  S 2. Paragraph (c) of subdivision 6 of section 168-l of the correction
law,  as separately amended by chapters 318 and 680 of the laws of 2005,
is amended to read as follows:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02054-01-1
              

A. 1521                             2

jurisdiction  at the time of his or her conviction AND THE DEPARTMENT OF
MOTOR VEHICLES shall be notified and may disseminate  relevant  informa-
tion  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  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 offender to any entity with vulnerable
populations  related  to the nature of the offense committed by such sex
offender. Any  entity  receiving  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 notwith-
standing 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  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.