S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1764 A. 1220
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 9, 2013
___________
IN SENATE -- Introduced by Sens. LAVALLE, MARTINS, MAZIARZ -- read twice
and ordered printed, and when printed to be committed to the Committee
on Crime Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01621-01-3
S. 1764 2 A. 1220
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
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. 1764 3 A. 1220
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.