Assembly Bill A4639

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

                                  4639

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. SPANO, LANCMAN, REILLY, GABRYSZAK, MAISEL, STEV-
  ENSON, SCHIMMINGER -- Multi-Sponsored by -- M. of  A.  ABBATE,  GALEF,
  PHEFFER -- read once and referred to the Committee on Correction

AN  ACT  to amend the correction law and the vehicle and traffic law, in
  relation to identifying registered sex offenders

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

  Section  1. Section 168-b of the correction law is amended by adding a
new subdivision 13 to read as follows:
  13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX
OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI-
CLES IN ORDER TO COMPLY  WITH  THE  PROVISIONS  OF  SUBDIVISION  SIX  OF
SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S  2.  Section  168-d of the correction law is amended by adding a new
subdivision 5 to read as follows:
  5. UPON  A  CONVICTION  AS  A  SEX  OFFENDER,  THE  COURT  SHALL  TAKE
POSSESSION  OF  HIS  OR HER DRIVER'S LICENSE AND SHALL TENDER TO THE SEX
OFFENDER A TEMPORARY LICENSE, DIRECTING THAT HE OR  SHE  REPORT  TO  THE
DEPARTMENT  OF  MOTOR  VEHICLES  FOR  A  REPLACEMENT DRIVER'S LICENSE IN
ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE  HUNDRED  SEVEN  OF  THE
VEHICLE  AND TRAFFIC LAW. UPON A SEX OFFENDER BEING RELIEVED OF THE DUTY
TO REGISTER PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF  MOTOR  VEHICLES
SHALL  ISSUE  A  LICENSE  WITHOUT THE SEX OFFENDER CODE PRINTED UPON THE
LICENSE AT NO CHARGE.
  S 3. 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 personally verify his or her address with
the [local] law enforcement  agency  HAVING  JURISDICTION  every  ninety

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07820-01-1
              

A. 4639                             2

calendar  days  after  the  date of release or commencement of parole or
post-release supervision, or probation, or release on payment of a fine,
conditional discharge or unconditional discharge. The duty to personally
verify shall be temporarily suspended during any period in which the sex
offender is confined to any state or local correctional facility, hospi-
tal  or  institution and shall immediately recommence on the date of the
sex offender's release.
  S 4. Section 168-l of the correction law is amended by  adding  a  new
subdivision 6-a to read as follows:
  6-A.  SEX  OFFENDERS  DESIGNATED  PURSUANT  TO PARAGRAPH (B) OR (C) OF
SUBDIVISION SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIRE-
MENTS OF THIS ARTICLE, REGISTER WITH THE DEPARTMENT OF  MOTOR  VEHICLES.
STATE  AND  LOCAL  LAW  ENFORCEMENT AGENCIES SHALL SHARE ALL INFORMATION
REGARDING SUCH OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS SHALL BE NOTI-
FIED BY THE LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF  THE  SEX
OFFENDER'S PRESENCE. ANY RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF
THE SEX OFFENDER'S RESIDENCE SHALL BE DEEMED A NEIGHBOR.
  S  5.  Section 507 of the vehicle and traffic law is amended by adding
two new subdivisions 6 and 7 to read as follows:
  6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL
REQUIRE THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON  REGISTERED
AS  A  SEX  OFFENDER  WITH  THE  DEPARTMENT  BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES,  PURSUANT  TO  SUBDIVISION  THIRTEEN  OF  SECTION  ONE
HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, BEAR A LETTERED CODE DESIG-
NATED  BY  THE  DEPARTMENT,  TO IDENTIFY SUCH PERSON AS A REGISTERED SEX
OFFENDER. THE COMMISSIONER SHALL CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE
REPLACEMENT LICENSE.
  7. STATEWIDE SEX OFFENDER DATABASE.   THE COMMISSIONER SHALL  CAUSE  A
STATEWIDE  DATABASE TO BE ESTABLISHED CONTAINING THE REGISTRATION INFOR-
MATION GATHERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH  DATA-
BASE SHALL BE MADE AVAILABLE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
UPON REQUEST THEREFROM.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.