S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  6456
                       2011-2012 Regular Sessions
                          I N  A S S E M B L Y
                             March 17, 2011
                               ___________
Introduced by M. of A. JOHNS, D. MILLER, McLAUGHLIN, STEVENSON, SALADINO
  --  Multi-Sponsored  by  -- M. of A. BURLING, CERETTO, GRAF, McKEVITT,
  MURRAY, RAIA, N. RIVERA, P. RIVERA -- read once and  referred  to  the
  Committee on Correction
AN  ACT  to  amend the correction law, in relation to lifetime probation
  and electronic monitoring of certain sexual offenders
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1. Section 168-g of the correction law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  ANY
SEX  OFFENDER  WHO  IS  CONVICTED  OF MOLESTING A CHILD UNDER THE AGE OF
FOURTEEN, AFTER SUCH SEX OFFENDER HAS SERVED JAIL TIME  FOR  A  PREVIOUS
SEXUAL  OFFENSE  AS  DEFINED  IN SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE,  SHALL  BE  SUBJECT  TO  LIFETIME
PROBATION  AND  AN  ELECTRONIC  MONITORING DEVICE TO BE MONITORED BY THE
DIVISION.
  S 2. Subdivision 6 of section 168-l of the correction law  is  amended
by adding a new paragraph (d) to read as follows:
  (D)  IN  ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, IF THE RISK
OF A REPEAT OFFENSE IS HIGH OR IF THE SEXUAL OFFENDER  IS  CONVICTED  OF
MOLESTING  A  CHILD UNDER THE AGE OF FOURTEEN AFTER SUCH SEXUAL OFFENDER
HAS SERVED JAIL TIME FOR A PREVIOUS SEXUAL OFFENSE AS DEFINED IN  SUBDI-
VISION  TWO  OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTI-
CLE, SUCH SEXUAL OFFENDER SHALL BE GRANTED  LIFETIME  PROBATION  AND  AN
ELECTRONIC MONITORING DEVICE DISTRIBUTED AND MONITORED BY THE DIVISION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09255-01-1