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

                                  2297

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Correction

AN ACT to amend the executive law and the correction law, in relation to
  authorizing  the governor to enter into compacts with other states for
  out-of-state sex offender registration

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

  Section  1.  The executive law is amended by adding a new article 13-B
to read as follows:
                              ARTICLE 13-B
                 OUT-OF-STATE SEX OFFENDER REGISTRATION
SECTION 268. COMPACTS WITH OTHER STATES FOR  OUT-OF-STATE  SEX  OFFENDER
               REGISTRATION.
  S 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER REGIS-
TRATION.  1.  IN  FURTHERANCE  OF  THE  PROVISIONS OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-EIGHT-B AND SECTION ONE HUNDRED  SIXTY-EIGHT-U
OF THE CORRECTION LAW, THE GOVERNOR IS HEREBY AUTHORIZED AND DIRECTED TO
NEGOTIATE  AND  ENTER  INTO A COMPACT ON BEHALF OF THE STATE OF NEW YORK
WITH ANY STATE OF THE UNITED STATES OF AMERICA LEGALLY  JOINING  THEREIN
IN THE FORM SUBSTANTIALLY AS FOLLOWS:
                                A COMPACT
  ENTERED  INTO BY AND AMONG THE CONTRACTING STATES, SIGNATORIES HERETO,
THE CONTRACTING STATES SOLEMNLY AGREE:
  (A) THAT IT SHALL BE COMPETENT FOR THE DULY CONSTITUTED  JUDICIAL  AND
ADMINISTRATIVE  AUTHORITIES OF A STATE PARTY TO THIS COMPACT TO MAKE THE
INFORMATION IN SUCH PARTY'S  SEX  OFFENDER  REGISTRY  AVAILABLE  TO  THE
AUTHORITY  WHICH  MAINTAINS  THE  SEX OFFENDER REGISTRY OF ANOTHER STATE
PARTY TO THIS COMPACT FOR THE PURPOSE OF SHARING INFORMATION  AND  MONI-
TORING OR ASCERTAINING THE STATUS OR LOCATION OF ANY SEX OFFENDER OR SEX
OFFENDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07366-01-1

              

A. 2297                             2

  (B)  THAT  EACH  STATE  PARTY  SHALL IMMEDIATELY PROVIDE NOTICE TO THE
APPROPRIATE AGENCY OF ANOTHER STATE PARTY WHOM SUCH PARTY HAS  KNOWLEDGE
THAT  A  SEX OFFENDER HAS LEFT THE STATE AND THE DESTINATION OF SUCH SEX
OFFENDER, IF KNOWN.
  (C)  THAT THE DULY ACCREDITED OFFICERS OF A STATE PARTY IN WHICH A SEX
OFFENDER IS REQUIRED TO REGISTER AND/OR VERIFY  SUCH  REGISTRATION  WITH
SUCH  STATE'S SEX OFFENDER REGISTRY MAY AT ALL TIMES ENTER ANOTHER STATE
PARTY AND THERE APPREHEND AND RETAKE ANY SUCH SEX OFFENDER WHO FAILS  TO
REGISTER  AND/OR VERIFY SUCH REGISTRATION WITH THE SEX OFFENDER REGISTRY
OF SUCH OTHER STATE.
  (D) THAT THE GOVERNOR OF EACH STATE  MAY  DESIGNATE  AN  OFFICER  WHO,
ACTING  JOINTLY  WITH  LIKE OFFICERS OF OTHER CONTRACTING STATES, IF AND
WHEN APPOINTED, SHALL PROMULGATE SUCH RULES AND REGULATIONS  AS  MAY  BE
DEEMED  NECESSARY  TO  MORE  EFFECTIVELY  CARRY  OUT  THE  TERMS OF THIS
COMPACT.
  (E) THAT THIS COMPACT SHALL  BECOME  OPERATIVE  IMMEDIATELY  UPON  ITS
RATIFICATION BY ANY STATE AS BETWEEN IT AND ANY OTHER STATE OR STATES SO
RATIFYING.  WHEN RATIFIED IT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW
WITHIN SUCH STATE, THE FORM OF RATIFICATION TO BE IN ACCORDANCE WITH THE
LAWS OF THE RATIFYING STATE.
  (F)  THAT THIS COMPACT SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON
EACH RATIFYING STATE UNTIL RENOUNCED BY IT. THE DUTIES  AND  OBLIGATIONS
HEREUNDER  OF  A  RENOUNCING  STATE  SHALL  CONTINUE AS TO SEX OFFENDERS
RESIDING THEREIN AT THE TIME OF WITHDRAWAL. RENUNCIATION OF THIS COMPACT
SHALL BE BY THE SAME AUTHORITY WHICH RATIFIED IT, BY SENDING SIX MONTHS'
NOTICE IN WRITING OF ITS INTENTION TO WITHDRAW FROM THE COMPACT  TO  THE
OTHER STATES PARTY HERETO.
  2. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
HAVE POWER AND SHALL BE CHARGED WITH THE DUTY OF PROMULGATING SUCH RULES
AND  REGULATIONS  AS MAY BE DEEMED NECESSARY TO CARRY OUT THE TERMS OF A
COMPACT ENTERED INTO BY THE STATE PURSUANT TO THIS SECTION.
  3. IF ANY SENTENCE, SUBDIVISION OR CLAUSE OF THIS SECTION IS  FOR  ANY
REASON  HELD  INVALID OR TO BE UNCONSTITUTIONAL, SUCH DECISION SHALL NOT
AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
  S 2. Paragraph a of subdivision 2 of section 168-b of  the  correction
law,  as  amended by chapter 645 of the laws of 2005, is amended to read
as follows:
  a. The division is authorized to make the registry  available  to  any
STATE, regional or national registry of sex offenders for the purpose of
sharing  information  AND  MONITORING  OR  ASCERTAINING  THE  STATUS AND
LOCATION OF SEX OFFENDERS.   The division shall accept  files  from  any
STATE,  regional  or  national  registry of sex offenders and shall make
such files available when requested pursuant to the provisions  of  this
article.
  S 3. This act shall take effect immediately.