Assembly Bill A9746

2017-2018 Legislative Session

Relates to the timing of risk level determination hearings for certain convicted sex offenders

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A9746 (ACTIVE) - Details

See Senate Version of this Bill:
S1511
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §168-d, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7949, S5189
2013-2014: A609, S323
2015-2016: A6403, S712

2017-A9746 (ACTIVE) - Summary

Relates to the timing of risk level determination hearings for certain convicted sex offenders who are expected to be, upon sentencing, released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge.

2017-A9746 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9746
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to risk  level  determi-
   nation hearings for convicted sex offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 2 and 3 of section  168-d  of  the  correction
 law,  subdivision  2  as  amended by chapter 684 of the laws of 2005 and
 subdivision 3 as amended by chapter 11 of the laws of 2002, are  amended
 to read as follows:
   2.  Any  sex offender, who is released on probation or discharged upon
 payment of a fine,  conditional  discharge  or  unconditional  discharge
 shall,  prior  to  such  release or discharge, be informed of his or her
 duty to register under this article by the court in which he or she  was
 convicted.  At  the  time  sentence  is imposed, such sex offender shall
 register with the division on a form prepared by the division. The court
 shall require the sex offender  to  read  and  sign  such  form  and  to
 complete  the registration portion of such form. The court shall on such
 form obtain the address where the sex offender expects  to  reside  upon
 his or her release, and the name and address of any institution of high-
 er education he or she expects to be employed by, enrolled in, attending
 or  employed,  whether  for  compensation  or not, and whether he or she
 expects to reside in a facility owned or operated by  such  an  institu-
 tion, and shall report such information to the division. The court shall
 give  one copy of the form to the sex offender and shall send two copies
 to the division which shall forward the information to the law  enforce-
 ment agencies having jurisdiction. [The]
   2-A.  WITHIN  FIVE  DAYS OF THE CONVICTION OF ANY SEX OFFENDER, WHO IS
 EXPECTED TO BE, UPON SENTENCING, RELEASED  ON  PROBATION  OR  DISCHARGED
 UPON   PAYMENT   OF  A  FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL
 DISCHARGE, THE court shall [also] notify the district attorney  and  the
 sex  offender  of  the  date  of the determination proceeding to be held
 pursuant to subdivision three of this section, which shall be  held  [at
 least  forty-five]  WITHIN  TWENTY  days  after such notice is given AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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