Senate Bill S1449

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

    S. 1449--A                                            A. 1402--A
    Cal. No. 188

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to  the Committee on Crime
  Victims, Crime and Correction -- reported favorably from said  commit-
  tee,  ordered  to  first report, amended on first report, ordered to a
  second report and ordered reprinted, retaining its place in the  order
  of second report

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Correction -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to required notification
  by school districts of sex offender residence; and to amend the educa-
  tion law, in relation to apportionment to school districts for certain
  expenses related to sex offender notification

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

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraph (b) as amended by chapter 106 of the  laws
of  2006 and paragraph (c) as separately amended by chapters 318 and 680
of the laws of 2005, are 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, approx-
imate address based on sex offender's zip code,  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

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

                                                           LBD03736-02-1

S. 1449--A                          2                         A. 1402--A

resides and the description of special conditions imposed on the  offen-
der  to  any entity with vulnerable populations related to the nature of
the offense committed by such sex offender. Any entity receiving  infor-
mation on a sex offender may disclose or further disseminate such infor-
mation at its discretion, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON
RECEIPT  OF  SUCH  INFORMATION  BY  THE DISTRICT SUPERINTENDENT OR CHIEF
SCHOOL ADMINISTRATOR, SHALL DISSEMINATE SUCH INFORMATION  TO  ALL  RESI-
DENTS  RESIDING  WITHIN SUCH SCHOOL DISTRICT. In addition, in such case,
the information  described  [herein]  IN  THIS  SECTION  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 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.
  (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
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 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,  PROVIDED,  HOWEVER,  THAT SCHOOL DISTRICTS, UPON RECEIPT OF
SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
TRATOR, SHALL DISSEMINATE SUCH INFORMATION  TO  ALL  RESIDENTS  RESIDING
WITHIN  SUCH SCHOOL DISTRICT. In addition, in such case, the information
described herein shall also be provided in the subdirectory  established
in  this  article  and  notwithstanding 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. 1449--A                          3                         A. 1402--A

  S 2. The education law is amended by adding a new section 3605 to read
as follows:
  S  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
IN  THE  MAILING  OF  NOTICES  TO  PARENTS  AND OTHER AUTHORIZED PARTIES
REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS  WITHIN  SUCH  SCHOOL
DISTRICTS.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall  have  become  a  law,  and  shall  apply  to
expenses incurred by school districts after such effective date.

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

    S. 1449--B                                            A. 1402--B
    Cal. No. 188

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report -- ordered to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Correction -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to required notification
  by school districts of sex offender residence; and to amend the educa-
  tion law, in relation to apportionment to school districts for certain
  expenses related to sex offender notification

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

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraph (b) as amended by chapter 106 of the  laws
of  2006 and paragraph (c) as separately amended by chapters 318 and 680
of the laws of 2005, are 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, approx-
imate address based on sex offender's zip code,  background  information

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

                                                           LBD03736-03-1

S. 1449--B                          2                         A. 1402--B

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 offen-
der to any entity with vulnerable populations related to the  nature  of
the  offense committed by such sex offender. Any entity receiving infor-
mation on a sex offender may disclose or further disseminate such infor-
mation at its discretion, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON
RECEIPT OF SUCH INFORMATION BY  THE  DISTRICT  SUPERINTENDENT  OR  CHIEF
SCHOOL  ADMINISTRATOR,  SHALL DISSEMINATE SUCH INFORMATION TO THE PERSON
OR PERSONS IN PARENTAL  RELATION,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
SECTION  TWO  OF  THE EDUCATION LAW, OF EACH OF ITS STUDENTS WITHIN SUCH
SCHOOL DISTRICT. In addition, in such case,  the  information  described
[herein]  IN  THIS  SECTION  shall  also be provided in the subdirectory
established in this article and notwithstanding 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 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.
  (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
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 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, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS,  UPON  RECEIPT  OF
SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
TRATOR,  SHALL  DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN
PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  OF  THE
EDUCATION  LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. 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

S. 1449--B                          3                         A. 1402--B

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 2. The education law is amended by adding a new section 3605 to read
as follows:
  S  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION,
AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF
ITS  STUDENTS  REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN
SUCH SCHOOL DISTRICTS.
  S 3. This act shall take effect on the first of July  next  succeeding
the  date  on  which  it  shall  have  become  a law, and shall apply to
expenses incurred by school districts after such effective date.

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

    S. 1449--C                                            A. 1402--C

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report -- ordered to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- recommitted to the Committee on Crime Victims, Crime and Correction
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Correction -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Correction in accordance with Assembly Rule 3, sec. 2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the correction law, in relation to required notification
  by school districts of sex offender residence; and to amend the educa-
  tion law, in relation to apportionment to school districts for certain
  expenses related to sex offender notification

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

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraph (b) as amended by chapter 513 of the laws
of 2011 and paragraph (c) as separately amended by chapters 318 and  680
of the laws of 2005, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03736-04-2

              

S. 1449--C                          2                         A. 1402--C

  (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, exact
address,  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 ,
PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH  INFORMA-
TION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINISTRATOR, SHALL
DISSEMINATE  SUCH  INFORMATION  TO  THE  PERSON  OR  PERSONS IN PARENTAL
RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE  EDUCATION
LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT.  In addition,
in such case, the information described [herein] IN THIS  SECTION  shall
also  be  provided  in  the subdirectory established in this article and
notwithstanding 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 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.
  (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
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 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, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS,  UPON  RECEIPT  OF
SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
TRATOR,  SHALL  DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN
PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  OF  THE
EDUCATION  LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. In
addition, in such case, the information described herein shall  also  be

S. 1449--C                          3                         A. 1402--C

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 2. The education law is amended by adding a new section 3605 to read
as follows:
  S  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION,
AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF
ITS  STUDENTS  REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN
SUCH SCHOOL DISTRICTS.
  S 3. This act shall take effect on the first of July  next  succeeding
the  date  on  which  it  shall  have  become  a law, and shall apply to
expenses incurred by school districts after such effective date.