Senate Bill S2944

2015-2016 Legislative Session

Requires drivers licenses issued to registered sex offenders to bear a code identifying them as sex offenders

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction
Jan 30, 2015	referred to crime victims, crime and correction

2015-S2944 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-d, 168-f & 168-l, Cor L; amd §507, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4860
2013-2014: S3917

2015-S2944 (ACTIVE) - Summary

Requires state driver's licenses to indicate whether the holder is a registered sex offender; makes additional amendments regarding sex offender registration obligations and dissemination of information.

2015-S2944 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2944

TITLE OF BILL:  An act to amend the correction law and the vehicle and
traffic law, in relation to identifying registered sex offenders

PURPOSE:

To require that certain sex offenders have their driver's license
reflect their criminal status and to create a statewide motor vehicle
registry of sex offenders which would be made available, upon request,
to state and local law enforcement agencies.

SUMMARY OF PROVISIONS:

Section 1 amends Section 168-B of the Correction Law to add a new
subdivision which enables the division to aid in the identification of
registered sex offenders by making information available to the
Commissioner of Motor Vehicles.

Section 2 amends Section 168-D of the Correction Law by adding a new
Subdivision to state that upon a conviction as a sex offender, the
court shall take possession of his/her driver's license and shall
tender to the sex offender a temporary license, directing he/she
report to the Department of Motor Vehicles for a replacement license.
Upon a sex offender being relieved of the duty to register, the
Department of Motor Vehicles shall issue a license without the sex

offender code printed upon the license at no charge.

Section 3 provides that sex offenders designated as sexual predators
must personally verify his or her address with the local law
enforcement agency having jurisdiction every ninety calendar days
after the date of release or commencement of parole.

Section 4 amends subdivision 3 of section 168-f of the correction law,
as amended by chapter 364 of the laws of 2012, by adding a new
subdivision providing that sex offenders register with the Department
of Motor Vehicles and that State and local law enforcement agencies
shall share all information regarding such offenders. Neighbors of
such sex offenders shall be notified by the law enforcement agency
having jurisdiction of the sex offender's presence (any resident
within a radius of 200 hundred feet of the sex offender's residence
shall be deemed a neighbor).

Section 5 adds two Subdivisions to Section 507 of the Vehicle and
Traffic Law. Subdivision six authorizes the Commissioner of Motor
Vehicles to require that every license issued to or received by a
person registered as a sex offender with the Department by the
Division of Criminal Justice Services, bear a lettered code designated
to identify such person as a registered sex offender. The Commissioner
shall charge a $25 fee for the replacement license.  Subdivision seven
creates a statewide database establish containing the registration
information gathered. Such database shall, upon request, be made
available to State and local law enforcement agencies.

Section 6 is the effective date.

JUSTIFICATION:


The objective of this legislation is to protect the victims of sex
offenders. Sex offenses are among the highest recidivism crimes. This
legislation is a compliment to Megan's Law, by requiring
identification of sex offender status on that person's driver license.
One of the problems with sex offender registration is that as
offenders move from state to state, they, at time, avoid
re-registering their offender status. The man convicted of murdering
Megan Kanka, for whom Megan's Law is named, had twice been convicted
of child molestation before moving to Megan's New Jersey neighborhood.

With this legislation, not only would an individual register on a
state's "Sex Offender Register," but also when such individual applies
for a license in a different state, the indication on their license
will alert the Department of Motor vehicles as to their sex offender
status. This identification will compel the person to register with
that state's "Sex Offender Register." It would also alter police when
checking the identification of a suspicious person.  This bill is
necessary to fully protect victims of sexual offenses and as such it
is imperative that this bill pass.

LEGISLATIVE HISTORY:

2011-2012: S.4860;
2013-2014: S.3917

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2015-S2944 (ACTIVE) - Bill Text download pdf

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

                                  2944

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to amend the correction law and the vehicle and traffic law, in
  relation to identifying registered sex offenders

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

  Section  1. Section 168-b of the correction law is amended by adding a
new subdivision 13 to read as follows:
  13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX
OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI-
CLES IN ORDER TO COMPLY  WITH  THE  PROVISIONS  OF  SUBDIVISION  SIX  OF
SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S  2.  Section  168-d of the correction law is amended by adding a new
subdivision 5 to read as follows:
  5. UPON  A  CONVICTION  AS  A  SEX  OFFENDER,  THE  COURT  SHALL  TAKE
POSSESSION  OF  HIS  OR HER DRIVER'S LICENSE AND SHALL TENDER TO THE SEX
OFFENDER A TEMPORARY LICENSE, DIRECTING THAT HE OR  SHE  REPORT  TO  THE
DEPARTMENT  OF  MOTOR  VEHICLES  FOR  A  REPLACEMENT DRIVER'S LICENSE IN
ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE  HUNDRED  SEVEN  OF  THE
VEHICLE  AND TRAFFIC LAW. UPON A SEX OFFENDER BEING RELIEVED OF THE DUTY
TO REGISTER PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF  MOTOR  VEHICLES
SHALL  ISSUE  A  LICENSE  WITHOUT THE SEX OFFENDER CODE PRINTED UPON THE
LICENSE AT NO CHARGE.
  S 3. Subdivision 3 of section 168-f of the correction law, as  amended
by chapter 364 of the laws of 2012, is amended to read as follows:
  3.  The provisions of subdivision two of this section shall be applied
to a sex offender required to register under this  article  except  that
such sex offender designated as a sexual predator or having been given a
level  three  designation must personally verify his or her address with
the [local] law enforcement  agency  HAVING  JURISDICTION  every  ninety

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07070-01-5

S. 2944                             2

calendar  days  after  the  date of release or commencement of parole or
post-release supervision, or probation, or release on payment of a fine,
conditional discharge or unconditional discharge. At such time  the  law
enforcement agency having jurisdiction may take a new photograph of such
sex offender if it appears that the offender has had a change in appear-
ance  since the most recent photograph taken pursuant to paragraph (b-2)
of subdivision two of this section. If such photograph is taken, the law
enforcement agency HAVING JURISDICTION shall promptly forward a copy  of
such  photograph to the division. The duty to personally verify shall be
temporarily suspended during any period in which  the  sex  offender  is
confined to any state or local correctional facility, hospital or insti-
tution  and  shall  immediately  recommence  on  the  date  of  the  sex
offender's release.
  S 4. Section 168-l of the correction law is amended by  adding  a  new
subdivision 6-a to read as follows:
  6-A.  SEX  OFFENDERS  DESIGNATED  PURSUANT  TO PARAGRAPH (B) OR (C) OF
SUBDIVISION SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIRE-
MENTS OF THIS ARTICLE, REGISTER WITH THE DEPARTMENT OF  MOTOR  VEHICLES.
STATE  AND  LOCAL  LAW  ENFORCEMENT AGENCIES SHALL SHARE ALL INFORMATION
REGARDING SUCH OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS SHALL BE NOTI-
FIED BY THE LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF  THE  SEX
OFFENDER'S PRESENCE. ANY RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF
THE SEX OFFENDER'S RESIDENCE SHALL BE DEEMED A NEIGHBOR.
  S  5.  Section 507 of the vehicle and traffic law is amended by adding
two new subdivisions 6 and 7 to read as follows:
  6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL
REQUIRE THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON  REGISTERED
AS  A  SEX  OFFENDER  WITH  THE  DEPARTMENT  BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES,  PURSUANT  TO  SUBDIVISION  THIRTEEN  OF  SECTION  ONE
HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, BEAR A LETTERED CODE DESIG-
NATED  BY  THE  DEPARTMENT,  TO IDENTIFY SUCH PERSON AS A REGISTERED SEX
OFFENDER. THE COMMISSIONER SHALL CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE
REPLACEMENT LICENSE.
  7. STATEWIDE SEX OFFENDER DATABASE.   THE COMMISSIONER SHALL  CAUSE  A
STATEWIDE  DATABASE TO BE ESTABLISHED CONTAINING THE REGISTRATION INFOR-
MATION GATHERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH  DATA-
BASE SHALL BE MADE AVAILABLE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
UPON REQUEST THEREFROM.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2944

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2015-S2944 (ACTIVE) - Details

2015-S2944 (ACTIVE) - Summary

2015-S2944 (ACTIVE) - Sponsor Memo

2015-S2944 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2015-S2944 (ACTIVE) - Details

2015-S2944 (ACTIVE) - Summary

2015-S2944 (ACTIVE) - Sponsor Memo

2015-S2944 (ACTIVE) - Bill Text download pdf

Comments