senate Bill S6074

2011-2012 Legislative Session

Requires level 3 sex offenders and sexual predators to report to the law enforcement agency having jurisdiction to provide a current photograph every 90 days

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction

Votes

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Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S6074
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Crime Victims, Crime and Correction Committee Vote: Mar 7, 2012

S6074 - Bill Details

See Assembly Version of this Bill:
A8916
Current Committee:
Senate Finance
Law Section:
Correction Law
Laws Affected:
Amd §§168-b & 168-f, Cor L; add §256-b, amd §259-i, Exec L

S6074 - Bill Texts

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Requires level 3 sex offenders and sexual predators to report to the law enforcement having jurisdiction to provide a current photograph every 90 days and whenever his or her probation officer or parole officer notices a significant change in the sex offenders physical appearance.

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BILL NUMBER:S6074

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring level three sex
offenders and sexual predators to have a photograph taken every ninety
days during each verification appearance; and to amend the correction
law and the executive law, in relation to requiring level three sex
offenders and sexual predators to have a photograph taken at law
enforcement agencies having jurisdiction when a probation officer or
parole officer notices a
significant change in the physical appearance of the sex offender

PURPOSE:
To make sure that law enforcement and the public have the
most updated photos of level three sex offenders and sexual predators.

SUMMARY OF PROVISIONS:
Section 1. Paragraph (b) of subdivision 1 of
section 168-b of the correction law is amended to include offenders
listed as "sexual predators" and to require updated photographs every
ninety days and at any time that is directed by a probation officer
or parole officer. Section 2. Paragraph (b-2) of subdivision 2 of
section 168-f of the correction law is amended to include offenders
listed as "sexual predators" and to require the appearance of such
offenders at the law enforcement agency having jurisdiction every
ninety days after his or her initial registration and at any time as
directed by a probation officer or parole officer. Section 3.
Subdivision 3 of section 168-f of the correction law is amended to
require a current photograph to be provided at the time of sex
offender address verification and at any time as directed by a
probation officer or parole officer. Section 4. The executive law is
amended by adding a new section 256-b, to allow probation officers to
determine if a sex offender's physical appearance has significantly
changed and is no longer an accurate representation, and thus require
the sex offender to provide a new photograph. Section 5. Section
259-i of the executive law is amended by adding
a new subdivision 3-a to allow parole officers to determine if a
current photograph is required of sex offenders who are released,
paroled, or conditionally released and have significantly changed his
or her appearance.

JUSTIFICATION:
In New York State, a sex offender
remains on the Sex
Offender Registry for at least twenty years. Many offenders are
required to register for life. There are currently no regulations to
address changes in physical appearance which would allow a registered
sex offender to be unidentifiable by drastically changing his or her
appearance. Requiring updated photographs of sex offenders to ensure
the image filed with the Sex Offender Registry is current,
will expand the utility of the Registry and enhance the safety of New
York's most vulnerable citizens. Law enforcement, individuals and
organizations who need access to Registry information will be able
to obtain such photographs and prevent any discrepancies in physical
appearance of level three sex offenders and sexual predators.


LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become a law; provided that,
effective immediately, any rules and regulations necessary to
implement the provisions of this act are authorized and directed to
be completed on or before such date.

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

                                  6074

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, in relation to requiring level three
  sex  offenders  and  sexual predators to have a photograph taken every
  ninety days during each verification  appearance;  and  to  amend  the
  correction  law  and the executive law, in relation to requiring level
  three sex offenders and sexual predators to have a photograph taken at
  law enforcement agencies having jurisdiction when a probation  officer
  or parole officer notices a significant change in the physical appear-
  ance of the sex offender

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

  Section 1. Paragraph (b) of subdivision 1  of  section  168-b  of  the
correction  law,  as amended by section 1 of part O of chapter 56 of the
laws of 2005, is amended to read as follows:
  (b) A photograph and set of fingerprints. For a sex offender  given  a
level  three  OR SEXUAL PREDATOR designation, the division shall, during
[the period of registration] EACH PERSONAL VERIFICATION OF  HIS  OR  HER
ADDRESS   PURSUANT   TO   SUBDIVISION   THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-F OF THIS ARTICLE, update such photograph once  each  [year]
NINETY DAYS AND AT ANY TIME THAT SUCH SEX OFFENDER IS DIRECTED, PURSUANT
TO  SECTION  TWO HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, BY HIS OR HER
PROBATION OFFICER OR, PURSUANT TO SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  FIFTY-NINE-I OF THE EXECUTIVE LAW, BY HIS OR HER PAROLE OFFICER
TO REPORT TO THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION  FOR  THE
PURPOSE  OF HAVING A PHOTOGRAPH TAKEN.  For a sex offender given a level
one or level two designation, the division shall, during the  period  of
registration,  update  such photograph once every three years. The divi-
sion shall notify the sex offender by mail of the duty to appear and  be
photographed  at  the  specified law enforcement agency having jurisdic-
tion. Such notification shall be mailed at least  thirty  days  and  not
more  than  sixty  days  before  the  photograph is required to be taken

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13807-02-2

S. 6074                             2

pursuant to subdivision two of section one hundred sixty-eight-f of this
article.
  S  2.  Paragraph  (b-2)  of  subdivision  2  of  section  168-f of the
correction law, as added by section 2 of part O of  chapter  56  of  the
laws of 2005, is amended to read as follows:
  (b-2) If the sex offender has been given a level three OR SEXUAL PRED-
ATOR  designation, he or she shall personally appear at the law enforce-
ment agency having jurisdiction [within twenty days of the  first  anni-
versary  of  the  sex  offender's  initial registration and] every [year
thereafter] NINETY DAYS,  AS  REQUIRED  BY  SUBDIVISION  THREE  OF  THIS
SECTION, during the period of registration, AND ANY TIME HE OR SHE IS SO
DIRECTED  BY  HIS  OR  HER  PROBATION  OFFICER,  PURSUANT TO SECTION TWO
HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE  OFFICER,
PURSUANT  TO  SUBDIVISION THREE-A OF SECTION TWO HUNDRED FIFTY-NINE-I OF
THE EXECUTIVE LAW, for the purpose of providing a current photograph  of
such  offender.  The  law  enforcement  agency having jurisdiction shall
photograph the sex offender and shall promptly forward a  copy  of  such
photograph  to the division. For purposes of this paragraph, if such sex
offender is confined in a state  or  local  correctional  facility,  the
local  law  enforcement  agency having jurisdiction shall be the warden,
superintendent, sheriff or other person in charge of the state or  local
correctional facility.
  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 AND PROVIDE A CURRENT PHOTOGRAPH every
ninety 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, AND WHENEVER SO
DIRECTED BY HIS OR  HER  PROBATION  OFFICER,  PURSUANT  TO  SECTION  TWO
HUNDRED  FIFTY-SIX-B  OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE OFFICER
PURSUANT TO SUBDIVISION THREE-A OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF
THE  EXECUTIVE LAW.  The duty to personally verify AND PROVIDE A CURRENT
PHOTOGRAPH shall be temporarily suspended during any period in which the
sex offender is confined to any state or  local  correctional  facility,
hospital  or institution and shall immediately recommence on the date of
the sex offender's release.
  S 4. The executive law is amended by adding a  new  section  256-b  to
read as follows:
  S  256-B.  SUPERVISION  OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDA-
TORS. IF A PROBATION OFFICER HAVING CHARGE OF A  SEX  OFFENDER  GIVEN  A
LEVEL  THREE OR SEXUAL PREDATOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF
THE CORRECTION LAW, DETERMINES THAT SUCH SEX OFFENDER HAS  SIGNIFICANTLY
CHANGED  HIS OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTO-
GRAPH PROVIDED PURSUANT TO ARTICLE SIX-C OF THE  CORRECTION  LAW  IS  NO
LONGER  AN ACCURATE REPRESENTATION OF THE PHYSICAL APPEARANCE OF THE SEX
OFFENDER, SUCH PROBATION OFFICER SHALL SUBMIT A REPORT OF SUCH  FACT  TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFEN-
DER  TO PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION, PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, FOR  THE  PURPOSE
OF PROVIDING A CURRENT PHOTOGRAPH.
  S  5.    Section 259-i of the executive law is amended by adding a new
subdivision 3-a to read as follows:

S. 6074                             3

  3-A. SUPERVISION OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDATORS. IF
THE PAROLE OFFICER HAVING CHARGE OF A PRESUMPTIVELY RELEASED, PAROLED OR
CONDITIONALLY RELEASED SEX OFFENDER GIVEN A LEVEL THREE OR SEXUAL PREDA-
TOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, OR SUCH
A  SEX  OFFENDER  RELEASED  TO  POST-RELEASE  SUPERVISION, OR SUCH A SEX
OFFENDER RECEIVED PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M  OF  THIS
ARTICLE, DETERMINES THAT SUCH SEX OFFENDER HAS SIGNIFICANTLY CHANGED HIS
OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTOGRAPH PROVIDED
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW IS NO LONGER AN ACCURATE
REPRESENTATION  OF  THE  PHYSICAL  APPEARANCE  OF THE SEX OFFENDER, SUCH
PAROLE OFFICER SHALL SUBMIT A REPORT OF SUCH FACT  TO  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFENDER TO PERSONALLY
APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW, FOR  THE  PURPOSE  OF  PROVIDING  A
CURRENT PHOTOGRAPH.
  S 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
are authorized and directed to be completed on or before such date.

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