S T A T E O F N E W Y O R K
________________________________________________________________________
4906
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to the registration of
sex offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision
2 of section 168-f of such law relating thereto
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, INCLUDING THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF
KNOWN, and set of fingerprints. For a sex offender given a level three
designation, the division shall, during the period of registration,
update such photograph once each year. 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
pursuant to subdivision two of section one hundred sixty-eight-f of this
article.
S 2. Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of
the correction law are REPEALED and a new paragraph (b-2) is added to
read as follows:
(B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
SEX OFFENDER'S INITIAL REGISTRATION DATE, THE SEX OFFENDER SHALL
PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR
THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH THE SEX OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05760-01-1
A. 4906 2
FACILITY, HOSPITAL OR INSTITUTION AND SHALL IMMEDIATELY RECOMMENCE ON
THE DATE OF THE SEX OFFENDER'S RELEASE.
S 3. Paragraph (c-1) 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:
(c-1) If the sex offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph [b] (B) of subdivision one
of section one hundred sixty-eight-b of this article, fails to
personally appear at the law enforcement agency having jurisdiction, as
provided in paragraph (b-2) [or (b-3)] of this subdivision, within
[twenty] THIRTY days of the anniversary of the sex offender's initial
registration, or an alternate later date scheduled by the law enforce-
ment agency having jurisdiction, he or she shall be in violation of this
section. The duty to personally appear for such updated photograph shall
be temporarily suspended during any period in which the sex offender is
confined in any hospital or institution, and such sex offender shall
personally appear for such updated photograph no later than ninety days
after release from such hospital or institution, or an alternate later
date scheduled by the law enforcement agency having jurisdiction.
S 4. Section 168-j of the correction law is amended by adding a new
subdivision 6 to read as follows:
6. THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
SEX OFFENDER WHO PERSONALLY APPEARS PURSUANT TO PARAGRAPH (B-2) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
S 5. 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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF
KNOWN, and description of the offender and which may include the exact
name and any aliases used by the sex offender, approximate 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 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. 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 two sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to:
superintendents of schools or chief school administrators, superinten-
A. 4906 3
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,
ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, 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. 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 6. Subdivision 1 of section 168-q of the correction law, as amended
by chapter 478 of the laws of 2009, is amended to read as follows:
1. The division shall maintain a subdirectory of level two and three
sex offenders. The subdirectory shall include the exact address, address
of the offender's place of employment and photograph of the sex
offender, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along
with the following information, if available: name, physical
description, age and distinctive markings. Background information
including the sex offender's crime of conviction, modus 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 a description of special conditions imposed on
the sex offender shall also be included. The subdirectory shall have sex
offender listings categorized by county and zip code. A copy of the
subdirectory shall annually be distributed to the offices of local
village, town, city, county or state law enforcement agencies for
purposes of public access. The division shall distribute monthly
updates to the offices of local village, town, city, county or state law
enforcement agencies for purposes of public access. Such departments
shall require that a person in writing provide their name and address
prior to viewing the subdirectory. Any information identifying the
A. 4906 4
victim by name, birth date, address or relation to the sex offender
shall be excluded from the subdirectory distributed for purposes of
public access. The subdirectory provided for herein shall be updated
monthly to maintain its efficiency and usefulness and shall be computer
accessible. Such subdirectory shall be made available at all times on
the internet via the division homepage. Any person may apply to the
division to receive automated e-mail notifications whenever a new or
updated subdirectory registration occurs in a geographic area specified
by such person. The division shall furnish such service at no charge to
such person, who shall request e-mail notification by county and/or zip
code on forms developed and provided by the division. E-mail notifica-
tion is limited to three geographic areas per e-mail account.
S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.