senate Bill S1764

2013-2014 Legislative Session

Requires school districts, upon notification from law enforcement agencies, to notify residents of sex offenders living in the district

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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
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Apr 29, 2013 referred to correction
delivered to assembly
passed senate
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.398
Jan 09, 2013 referred to crime victims, crime and correction

Votes

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Apr 22, 2013 - Crime Victims, Crime and Correction committee Vote

S1764
10
1
committee
10
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 22, 2013

nay (1)
aye wr (1)
excused (1)

Co-Sponsors

S1764 - Bill Details

See Assembly Version of this Bill:
A1220
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §168-l, Cor L; add §3605, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1449C, A1402C
2009-2010: S1176, A3339

S1764 - Bill Texts

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Requires school districts, upon notification from law enforcement agencies, to notify persons in parental relation to its students, of level two and three sex offenders living in the district; apportions money to school districts for certain sex offender expenses.

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BILL NUMBER:S1764

TITLE OF BILL:
An act
to amend the correction law, in relation to required notification by
school districts of sex offender residence;
and
to amend the education law, in relation to apportionment to school
districts for certain expenses related to sex offender notification

PURPOSE:
This bill would require that a school district shall distribute
information on sex offenders residing within the school district to
the parents of its students.

SUMMARY OF PROVISIONS:

Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-1 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.

Section 2. Amends the Education Law by adding a new Section 3605
providing for the apportionment of funds by the Commissioner of
Education to reimburse school districts for mailing expenses related
to sex offender notification.

JUSTIFICATION:
Megan's Law requires level two and level three sex offenders resister
with local law enforcement agencies, who may distribute information
including the offenders name, picture, address, location of
employment and background information.

This legislation would require a school district, upon receiving this
information from law enforcement officials, to distribute the
information to the parents of its students.

The rate of recidivism among sex offenders is very high, as such, it
is important that the public is aware of any dangerous offenders who
may be living in their neighborhood. The information is currently
available to the public, but many parents are not aware of this, or
do not know where to look to find the information. Sending the
offenders' profiles to the parents in the school district provides an
extra assurance that each household has the invaluable information
that could protect their children from dangerous predators.

This legislation provides funding to reimburse the school districts
for their costs related to complying with this requirement.

LEGISLATIVE HISTORY:
2011-12: S.1449-C/A.1402 - Passed Senate
2009-10: S.1176/A.3339 - Corrections Committee
2007-0B: S.7B19/A.10711 - Corrections Committee

FISCAL IMPLICATIONS:
Minimal.


EFFECTIVE DATE:
Immediately.

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                    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.

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