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

                                  4118

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

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

AN  ACT  to amend the correction law, in relation to community notifica-
  tion procedures under the sex offender registration act

  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] SHALL 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
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. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08431-01-1
              

A. 4118                             2

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]  SHALL  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 opera-
tion, 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 receiv-
ing  information  on  a sex offender may disclose or further disseminate
such information at its discretion.  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 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.