NY State Senate Bill S6066A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to correction delivered to assembly passed senate
May 24, 2016	advanced to third reading
May 23, 2016	2nd report cal.
May 18, 2016	1st report cal.942
May 10, 2016	print number 6066a
May 10, 2016	amend and recommit to crime victims, crime and correction
Jan 06, 2016	referred to crime victims, crime and correction
Oct 16, 2015	referred to rules

Votes

view votes

Jun 15, 2016 - floor Vote

S6066A

floor

Aye

Nay

Absent

Excused

Abstained

May 18, 2016 - Crime Victims, Crime and Correction committee Vote

S6066A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S6066 - Details

See Assembly Version of this Bill:: A8503
Law Section:: Correction Law
Laws Affected:: Amd §§168-h & 168-o, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5201, A1651
2019-2020: S4801, A5977, A8458
2021-2022: A2667
2023-2024: A2168

S6066 - Summary

Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.

S6066 - Sponsor Memo

 BILL NUMBER:  S6066

 TITLE OF BILL :  An act to amend the correction law, in relation to
sex offender registration and residency restrictions

 PURPOSE :

The purpose of this bill is to extend the requirement of level one sex
offenders to register as a sex offender from twenty years to thirty
years. This bill will also allow local governments to place reasonable
restrictions on where a sex offender is permitted to live.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would require level one sex offenders who have
committed, or attempted to commit a certain sex offenses be required
to maintain their sex offender status for a terms of thirty years.

Section 2 of this bill would allow certain level one sex offenders to
apply to be removed from the sex offender registry if they can prove
by clear and convincing evidence that they are no longer a threat to
public safety.

Section 3 limits local governments to ensure that it does not require
a sex offender to live beyond one thousand feet from public, private
and charter schools; do not require a sex offender to live beyond a

quarter mile from the workplace and residence of any registrant's
victim or victims; and do not require a sex offender to live beyond a
quarter mile from the residence of a deceased victim, if the family of
the victim continues to reside at that residence.

Section 4 is the effective date.

 EXISTING LAW :

Currently, under Correction Law section 168-h, duration of
registration and verification for sex offenders classified at risk
levels of one, two and three are defined. Level one sex offenders have
to register for a period of twenty eras from the initial date of
registration. Level two and three sex offenders have to register
annually for life. Any sex offender designated as a level three risk
must also personally verify his or her address every ninety calendar
days with the local law enforcement agency that has jurisdiction over
where the offender resides.

 JUSTIFICATION :

Currently, level one sex offenders are only required to register as a
sex-offender for twenty years. Because this legislation was passed and
placed into effect twenty years ago, many sex offenders will be coming
off the sex offender registry beginning in 2016. Many times, level one
sex offenders are sexual predators, sexually violent offenders, or
predicate sex offenders and receive level one sex offender status as
part of a plea bargain. This bill would extend the requirement to
register as a sex offender to thirty years, therefore requiring level
one offenders to register for ten more years. There was a recent study
released that shows that recidivism rates were the highest at the
twenty year mark, which warrants them remaining on the registry for an
extended period.

This bill also permits level one sex offenders who are not sexual
predators, sexually violent, or predicate sex offenders the ability to
apply to come of the registry if they can prove by clear and
convincing evidence that they are no longer a threat to society.


The New York State Court of Appeals has recently overturned all local
laws relating to where a registered sex offender can live for the
reason that such laws were too restrictive. This bill would allow
local government to place reasonable restrictions on where a sex
offender can live, and ensures that such laws are not making it
impossible for a sex offender to live in the country.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

S6066 - Bill Text download pdf

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

                                  6066

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            October 16, 2015
                               ___________

Introduced  by Sen. VENDITTO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the correction law, in relation to sex  offender  regis-
  tration and residency restrictions

  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, and 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 desig-
nated  a sexual predator, or a sexually violent offender, or a predicate
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.  NOTWITHSTANDING THE FOREGOING, A SEX OFFENDER WHO IS CLASSIFIED AS
A LEVEL ONE RISK AND HAS BEEN CONVICTED OF OR HAS BEEN CONVICTED FOR  AN
ATTEMPT TO COMMIT:
  (I)  ANY  OF THE PROVISIONS OF SECTION 120.70, 130.35, 130.50, 130.53,
130.65,  130.65-A,  130.66,  130.67,  130.70,  130.75,  130.80,  130.90,
130.91,  130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06, 230.32,
250.50, 255.27, 263.10, 263.15 OR 263.30 OF THE PENAL LAW;
  (II) ANY OF THE PROVISIONS OF SECTION 2251, 2251A, 2252, 2252A,  2260,
2422, 2423 OR 2425 OF TITLE 18 OF THE UNITED STATES CODE; OR
  (III)  HAS  BEEN  CONVICTED  OF  ANY OFFENSE IN ANY OTHER JURISDICTION
WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF  ANY  OF  THE  FOREGOING
CRIMES IN THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE.
  3.  A  SEX OFFENDER WHO IS CLASSIFIED AS A LEVEL ONE RISK AND HAS BEEN
CONVICTED OF OR HAS BEEN CONVICTED FOR AN ATTEMPT TO COMMIT ANY  OF  THE
PROVISIONS  OF SECTION 130.25, 130.30, 130.40, 130.45, 130.55 OR 130.60,
OR HAS BEEN CONVICTED OF ANY OFFENSE IN  ANY  OTHER  JURISDICTION  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11987-01-5

S. 6066                             2

INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOREGOING CRIMES IN
THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE UNLESS AT THE TIME OF
THE ACT, THE DEFENDANT WAS LESS THAN TWENTY-ONE YEARS OLD, IN WHICH CASE
REGISTRATION  SHALL  BE  ANNUALLY  FOR A PERIOD OF TWENTY YEARS FROM THE
INITIAL DATE OF REGISTRATION.
  4. 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 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 predicate sex offen-
der, may be relieved of the duty to register and verify AFTER A  MINIMUM
PERIOD OF THIRTY YEARS OF REGISTRATION as provided by subdivision one of
section one hundred sixty-eight-o of this article.
  [3.]  5. 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 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 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S  168-W.  CHILD  AND  VICTIM SAFETY ZONES. COUNTIES SHALL MONITOR AND
VERIFY REGISTRATION COMPLIANCE AND MAY ENACT BY LOCAL LAW OR  RESOLUTION
SEX OFFENDER RESIDENCY RESTRICTIONS FOR SEX OFFENDERS REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH RESTRICTIONS:
  1. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND ONE THOUSAND FEET FROM
PUBLIC, PRIVATE AND CHARTER SCHOOLS FOR ALL LEVEL THREE REGISTRANTS, FOR
REGISTRANTS  WHO  COMMITTED  AN  OFFENSE AGAINST A MINOR, AND FOR REGIS-
TRANTS WHO HAVE BEEN ASSIGNED A DESIGNATION PURSUANT TO THIS ARTICLE.

S. 6066                             3

  2. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND A  QUARTER  MILE  FROM
THE WORKPLACE AND RESIDENCE OF ANY REGISTRANT'S VICTIM OR VICTIMS.
  3.  DO  NOT  REQUIRE A SEX OFFENDER TO LIVE BEYOND A QUARTER MILE FROM
THE RESIDENCE OF A DECEASED VICTIM, IF THE FAMILY OF THE VICTIM  CONTIN-
UES TO RESIDE AT THAT RESIDENCE.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S6066A (ACTIVE) - Details

See Assembly Version of this Bill:: A8503
Law Section:: Correction Law
Laws Affected:: Amd §§168-h & 168-o, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5201, A1651
2019-2020: S4801, A5977, A8458
2021-2022: A2667
2023-2024: A2168

S6066A (ACTIVE) - Summary

Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.

S6066A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6066A

 TITLE OF BILL :  An act to amend the correction law, in relation to
sex offender registration and residency restrictions

 PURPOSE :

The purpose of this bill is to extend the requirement of level one sex
offenders with aggravating factors to register as a sex offender from
twenty years to thirty years. This bill will also allow local
governments to place reasonable restrictions on where a sex offender
is permitted to live.

 SUMMARY OF PROVISIONS :

Section one of this bill requires level one sex offenders who have
committed, or attempted to commit a certain sex offenses be required
to maintain their sex offender status for a terms of thirty years.

Section two of this bill allows certain level one sex offenders to
apply to be removed from the sex offender registry if they can prove
by clear and convincing evidence that they are no longer a threat to
public safety.

Section three of this bill limits local governments to ensure that it
does not require a sex offender to live beyond one thousand feet from

public, private and charter schools; do not require a sex offender to
live beyond a quarter mile from the workplace and residence of any
registrant's victim or victims; and do not require a sex offender to
live beyond a quarter mile from the residence of a deceased victim, if
the family of the victim continues to reside at that residence.

Section four provides that this act takes effect on the sixtieth day
after it becomes law.

 JUSTIFICATION :

Currently, level one sex offenders are only required to register as a
sex-offender for twenty years. Because this legislation was passed and
placed into effect twenty years ago, many sex offenders will be coming
off the sex offender registry beginning in 2016. Many times, level one
sex offenders are sexual predators, sexually violent offenders, or
predicate sex offenders and receive level one sex offender status as
part of a plea bargain. This bill would extend the requirement to
register as a sex offender to thirty years for those level one
offenders with those aggravating factors, therefore requiring level
one offenders to register for ten more years. There was a recent study
released that shows that recidivism rates were the highest at the
twenty year mark, which warrants them remaining on the registry for an
extended period. This bill also permits level one sex offenders who
are not sexual predators, sexually violent, or predicate sex offenders
the ability to apply to come of the registry if they can prove by
clear and convincing evidence that they are no longer a threat to
society.

The New York State Court of Appeals has recently overturned all local
laws relating to where a registered sex offender can live for the
reason that such laws were too restrictive. This bill would allow
local government to place reasonable restrictions on where a sex
offender can live, and ensures that such laws are not making it
impossible for a sex offender to live in the country.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPACT :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

S6066A (ACTIVE) - Bill Text download pdf

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

                                 6066--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            October 16, 2015
                               ___________

Introduced  by Sen. VENDITTO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Crime  Victims, Crime and Correction in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the correction law, in relation to sex offender regis-
  tration and residency restrictions

  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, and 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 desig-
nated a sexual predator, or a sexually violent offender, or a  predicate
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. NOTWITHSTANDING THE FOREGOING, A SEX OFFENDER WHO IS CLASSIFIED  AS
A  LEVEL ONE RISK AND HAS BEEN CONVICTED OF OR HAS BEEN CONVICTED FOR AN
ATTEMPT TO COMMIT:
  (I) ANY OF THE PROVISIONS OF SECTION 120.70, 130.35,  130.50,  130.53,
130.65,  130.65-A,  130.66,  130.67,  130.70,  130.75,  130.80,  130.90,
130.91, 130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06,  230.32,
250.50, 255.27, 263.10, 263.15 OR 263.30 OF THE PENAL LAW;
  (II)  ANY OF THE PROVISIONS OF SECTION 2251, 2251A, 2252, 2252A, 2260,
2422, 2423 OR 2425 OF TITLE 18 OF THE UNITED STATES CODE; OR
  (III) HAS BEEN CONVICTED OF ANY  OFFENSE  IN  ANY  OTHER  JURISDICTION
WHICH  INCLUDES  ALL  OF  THE ESSENTIAL ELEMENTS OF ANY OF THE FOREGOING
CRIMES IN THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11987-03-6

S. 6066--A                          2

  3. A SEX OFFENDER WHO IS CLASSIFIED AS A LEVEL ONE RISK AND  HAS  BEEN
CONVICTED  OF  OR HAS BEEN CONVICTED FOR AN ATTEMPT TO COMMIT ANY OF THE
PROVISIONS OF SECTION 130.25, 130.30, 130.40, 130.45, 130.55 OR  130.60,
OR  HAS  BEEN  CONVICTED  OF ANY OFFENSE IN ANY OTHER JURISDICTION WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOREGOING CRIMES IN
THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE UNLESS AT THE TIME OF
THE ACT, THE DEFENDANT WAS LESS THAN TWENTY-ONE YEARS OLD, IN WHICH CASE
REGISTRATION  SHALL  BE  ANNUALLY  FOR A PERIOD OF TWENTY YEARS FROM THE
INITIAL DATE OF REGISTRATION.
  4. 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 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 predicate sex offen-
der, may be relieved of the duty to register and verify AFTER A  MINIMUM
PERIOD OF THIRTY YEARS OF REGISTRATION as provided by subdivision one of
section one hundred sixty-eight-o of this article.
  [3.]  5. 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 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 two] LEVEL ONE risk,
and who has not been designated a sexual predator, or a sexually violent
offender, or a predicate sex offender, who is required  to  register  or
verify  pursuant to this article and who has been registered for a mini-
mum period of [thirty] TWENTY 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 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S 168-W. CHILD AND VICTIM SAFETY ZONES.  COUNTIES  SHALL  MONITOR  AND
VERIFY  REGISTRATION COMPLIANCE AND MAY ENACT BY LOCAL LAW OR RESOLUTION
SEX OFFENDER RESIDENCY RESTRICTIONS FOR SEX OFFENDERS REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH RESTRICTIONS:

S. 6066--A                          3

  1. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND ONE THOUSAND FEET FROM
PUBLIC, PRIVATE AND CHARTER SCHOOLS FOR ALL LEVEL THREE REGISTRANTS, FOR
REGISTRANTS WHO COMMITTED AN OFFENSE AGAINST A  MINOR,  AND  FOR  REGIS-
TRANTS WHO HAVE BEEN ASSIGNED A DESIGNATION PURSUANT TO THIS ARTICLE.
  2.  DO  NOT  REQUIRE A SEX OFFENDER TO LIVE BEYOND A QUARTER MILE FROM
THE WORKPLACE AND RESIDENCE OF ANY REGISTRANT'S VICTIM OR VICTIMS.
  3. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND A  QUARTER  MILE  FROM
THE  RESIDENCE OF A DECEASED VICTIM, IF THE FAMILY OF THE VICTIM CONTIN-
UES TO RESIDE AT THAT RESIDENCE.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S6066A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

May 18, 2016 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 18, 2016

Bill Amendments

S6066 - Details

S6066 - Summary

S6066 - Sponsor Memo

S6066 - Bill Text download pdf

S6066A (ACTIVE) - Details

S6066A (ACTIVE) - Summary

S6066A (ACTIVE) - Sponsor Memo

S6066A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6066A

Share this bill

Sponsored By

Michael Venditto

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

May 18, 2016 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 18, 2016

Bill Amendments

S6066 - Details

S6066 - Summary

S6066 - Sponsor Memo

S6066 - Bill Text download pdf

S6066A (ACTIVE) - Details

S6066A (ACTIVE) - Summary

S6066A (ACTIVE) - Sponsor Memo

S6066A (ACTIVE) - Bill Text download pdf

Comments