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

                                  9532

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

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

AN ACT to amend the correction law, in relation to requiring  level  one
  sex offenders to register for life and providing such sex offenders to
  petition for relief after thirty years

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

  Section 1. Section 168-h of the correction law, as amended by  chapter
11  of the laws of 2002, subdivisions 1 and 2 as amended by chapter 1 of
the laws of 2006, is amended to read as follows:
  S 168-h. Duration of registration and verification. 1. The duration of
registration and verification for a  sex  offender  who  [has  not  been
designated a sexual predator, or a sexually violent offender, or a pred-
icate  sex  offender, and who is classified as a level one risk, or who]
has not yet received a risk level classification, [shall be annually for
a period of twenty years from the initial date of registration.
  2. The duration of registration and verification for  a  sex  offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al  predator,  or a sexually violent offender, or a predicate sex offen-
der,] or who is classified as a LEVEL ONE,  level  two  or  level  three
risk,  shall  be annually for life. Notwithstanding the foregoing, a sex
offender who is classified as a LEVEL ONE OR level two risk and  who  is
not designated a sexual predator, a sexually violent offender or a pred-
icate  sex  offender, may be relieved of the duty to register and verify
as provided by subdivision one of section one hundred  sixty-eight-o  of
this article.
  [3.]  2. Any sex offender having been designated a level three risk or
a sexual predator shall also personally verify his or her address  every
ninety calendar days with the local law enforcement agency having juris-
diction where the offender resides.
  S  2. Subdivision 8 of section 168-l of the correction law, as amended
by chapter 1 of the laws of 2006, is amended to read as follows:
  8. A failure by a state or local agency or the board to act  or  by  a
court to render a determination within the time period specified in this

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

                                                           LBD14040-01-6

A. 9532                             2

article  shall not affect the obligation of the sex offender to register
or verify under this article nor shall such failure prevent a court from
making a determination regarding the sex offender's level  of  notifica-
tion  and whether such offender is required by law to be registered [for
a period of twenty years or] for life. Where a court is unable to make a
determination  prior  to  the  date  scheduled  for  a  sex   offender's
discharge,  parole,  release  to post-release supervision or release, it
shall adjourn the  hearing  until  after  the  offender  is  discharged,
paroled,  released  to  post-release  supervision or released, and shall
then expeditiously complete the hearing and issue its determination.
  S 3. Subdivision 1 of section 168-o of the correction law, as  amended
by chapter 1 of the laws of 2006, is amended to read as follows:
  1.  Any  sex  offender  who  is classified as a LEVEL ONE OR level two
risk, and who has not been designated a sexual predator, or  a  sexually
violent offender, or a predicate sex offender, who is required to regis-
ter or verify pursuant to this article and who has been registered for a
minimum  period  of  thirty years may be relieved of any further duty to
register upon the granting of a petition for relief  by  the  sentencing
court or by the court which made the determination regarding duration of
registration  and level of notification. The sex offender shall bear the
burden of proving by clear and convincing evidence that his or her  risk
of  repeat offense and threat to public safety is such that registration
or verification is no longer necessary. Such petition, if granted, shall
not relieve the petitioner of the duty  to  register  pursuant  to  this
article  upon  conviction  of  any offense requiring registration in the
future. Such a petition shall not be considered more than once every two
years. In the event that the  sex  offender's  petition  for  relief  is
granted,  the  district  attorney  may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  S 4. This act shall take effect immediately and  shall  apply  to  all
level  one  sex offenders registered or required to register immediately
prior to the effective date of this act, or who are required to register
on or after such date.