NY State Senate Bill 2017-S7533A

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
May 15, 2018	print number 7533a
May 15, 2018	amend (t) and recommit to crime victims, crime and correction
Jan 22, 2018	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

2017-S7533 - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f & 168-q, Cor L; amd §259-c, Exec L

2017-S7533 - Summary

Relates to protecting communities from oversaturation of sex offenders; limits the percentage of sex offenders so that no village, town, city or county has a disproportionate representation of sex offenders compared to surrounding villages, towns, cities or counties; the board of parole shall provide alternative housing options.

2017-S7533 - Sponsor Memo

                                
 
BILL NUMBER: S7533

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the correction law, in relation to
protecting communities from oversaturation of sex offenders

 
PURPOSE:

This bill seeks to ensure that no village, town, city, or county in New
York State must bear a disproportionate representation of sex offenders
in their community.

 
SUMMARY OF PROVISIONS:

Section 1 adds a subdivision to the correction law directing the Divi-
sion of Criminal Justice Services to consider current numbers of sex
offenders in any community proposed for residence by a sex offender, in
comparison to the number of sex offenders in surrounding communities.
The subdivision allows the Division to deny a sex offender's requested
residency if the residency is in a community that already has a
disproportionate number of sex offenders compared to surrounding commu-

nities. The subdivision also directs the Division to list alternatives
close to the sex offender's requested residence if the division denies
the offender's residency request under the terms of this subdivision.
The subdivision directs sex offenders to notify the division of their
intended residence at least thirty days prior to changing residency.
This subdivision does not apply to any city in the state with a popu-
lation of one million or more.

Section 2 amends the correction law to direct the Division to include
records of a sex offender's requested residences as part of the informa-
tion maintained by the Division about registered sex offenders.

Section 3 amends correction law to include an exception to the registra-
tion requirements under § 168-f where § 1 of this act applies.

Section 4 amends the correction law to direct the Division to monitor
the number of sex offenders in each village, town, city, and county so
the division can compare the relative densities of sex offenders in each
community pursuant to § 1 of this act.

Section 5 provides the effective date.

 
JUSTIFICATION:

In an effort to prevent any municipality from having a disproportionate
number of convicted sex offenders in its community, the Division of
Justice would be required to take the number of convicted sex offenders
already in a community, into consideration when area of residence is
determined.

The American Probation and Parole Association, and the Pew Charitable
Trusts Public Safety Performance Project conducted a study that shows
one of the most effective ways to help offenders stop risky behavior,
and in turn commit new offenses, is to encourage them to avoid associ-
ations and environments that are likely to lead them to commit future
crimes.


This consideration would also help reduce the likelihood of parolees
associating with other parolees, which is often a restriction placed
upon a convicted sex offender as a condition of his or her release, as
it could foster an environment that could play a role in a future crime.
It also helps reduce the burdens on local law enforcement and probation
and parole officers who already face heavy caseloads.

With the Department of Criminal Justice already tracking the whereabouts
of Level 2 and Level 3 sex offenders, maintaining a list of their
current residences, it is uniquely prepared to track concentration
levels in a given community.

By requiring sex offenders to inform the Division of Criminal Justice of
their intended residence at least 30 days in advance of establishing
that residence, the Division of Criminal Justice can determine popu-
lation densities by county and zip code and compare the statistics to
surrounding communities. The Division of Criminal Justice can then use
that information to provide sex offenders a list of possible alterna-
tive, yet still nearby locations, that would satisfy the provisions of
this law and help prevent the fostering of an environment that could
play a role in future crimes.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

2017-S7533 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7533
 
                             I N  S E N A T E
 
                             January 22, 2018
                                ___________
 
 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, in relation to protecting communi-
   ties from oversaturation of 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.   WHEN DETERMINING WHETHER A  RESIDENCE  FOR  A  SEX  OFFENDER  IS
 ACCEPTABLE,  THE  DIVISION  SHALL  CONSIDER  THE NUMBER OF SEX OFFENDERS
 ALREADY RESIDING IN THE PROPOSED COMMUNITY. IN  ITS  CONSIDERATION,  THE
 DIVISION MUST COMPARE THE NUMBER OF SEX OFFENDERS IN THE PROPOSED COMMU-
 NITY TO THE NUMBER OF SEX OFFENDERS RESIDING IN SURROUNDING COMMUNITIES,
 SO  THAT  NO  VILLAGE,  TOWN,  CITY,  OR COUNTY BEARS A DISPROPORTIONATE
 REPRESENTATION OF SEX OFFENDERS AND THE ACCOMPANYING RISK OF  RE-OFFENS-
 ES.  IF  THE PROPOSED COMMUNITY HAS A DISPROPORTIONATE REPRESENTATION OF
 SEX OFFENDERS COMPARED TO SURROUNDING VILLAGES, TOWNS, CITIES, OR  COUN-
 TIES,  THE  DIVISION  MAY  DENY THE SEX OFFENDER'S PROPOSED RESIDENCY ON
 THIS BASIS. ANY SEX OFFENDER SHALL NOTIFY THE DIVISION AT  LEAST  THIRTY
 DAYS  PRIOR  TO  A  CHANGE  IN  RESIDENCY AND INFORM THE DIVISION OF THE
 ADDRESS WHERE THE SEX OFFENDER INTENDS TO RESIDE. IN THE  EVENT  THAT  A
 SEX OFFENDER IS DENIED RESIDENCY PURSUANT TO THIS SUBDIVISION, THE DIVI-
 SION  SHALL  PROVIDE  A  LIST  OF  POSSIBLE  ALTERNATIVES IN SURROUNDING
 VILLAGES, TOWNS, CITIES, OR COUNTIES, DEPENDING ON THE DIVISION'S  BASIS
 FOR DENIAL, IN CLOSEST PROXIMITY, WHICH SATISFY THE REQUIREMENTS OF THIS
 SECTION.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY CITY
 WITH A POPULATION OF ONE MILLION OR MORE.
   § 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
 race, height, weight, eye color, driver's license number,  home  address
 and/or  expected  place  of domicile, ANY REQUESTED PLACES OF RESIDENCE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13906-04-8

 S. 7533                             2
 
 any internet accounts with internet access providers belonging  to  such
 offender and internet identifiers that such offender uses.
   §  3. Subdivision 1 of section 168-f of the correction law, as amended
 by chapter 453 of the laws of 1999, is amended to read as follows:
   1. Any sex offender shall, EXCEPT AS SPECIFIED IN SUBDIVISION THIRTEEN
 OF SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE, (a) at  least  ten
 calendar days prior to discharge, parole, release to post-release super-
 vision  or release from any state or local correctional facility, hospi-
 tal or institution where he or she was confined or committed, or, (b) at
 the time sentence is imposed for any sex offender released on  probation
 or  discharged upon payment of a fine, conditional discharge or uncondi-
 tional discharge, register with the division on a form prepared  by  the
 division.
   §  4. Subdivision 1 of section 168-q of the correction law, as amended
 by chapter 462 of the laws of 2014, is amended to read as follows:
   1. The division shall maintain a subdirectory of level two  and  three
 sex offenders. The subdirectory shall include the exact address, address
 of the offender's place of employment and photograph of the sex offender
 along  with  the  following  information,  if  available: name, physical
 description,  age  and  distinctive  markings.  Background   information
 including  all  of  the sex offender's crimes of conviction that require
 him or her to register pursuant to this  article,  modus  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 a description of special conditions imposed on
 the sex offender shall also be included. The subdirectory shall have sex
 offender listings categorized by county and zip code. THE DIVISION SHALL
 MONITOR THE NUMBER OF SEX OFFENDERS IN EACH  VILLAGE,  TOWN,  CITY,  AND
 COUNTY  TO  ENABLE  DETERMINATION  OF  RELATIVE  DENSITIES  COMPARED  TO
 SURROUNDING COMMUNITIES, PURSUANT TO SUBDIVISION THIRTEEN OF SECTION ONE
 HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE. Such subdirectory shall  be  made
 available  at  all  times on the internet via the division homepage. Any
 person may apply to the division to receive automated  e-mail  notifica-
 tions  whenever  a  new or updated subdirectory registration occurs in a
 geographic area specified by such person.  The  division  shall  furnish
 such  service  at  no  charge  to  such person, who shall request e-mail
 notification by county and/or zip code on forms developed  and  provided
 by  the  division.  E-mail  notification  is limited to three geographic
 areas per e-mail account.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

2017-S7533A (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f & 168-q, Cor L; amd §259-c, Exec L

2017-S7533A (ACTIVE) - Summary

2017-S7533A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7533A

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the correction law and the executive law, in relation to
protecting communities from oversaturation of sex offenders

 
PURPOSE:

This bill seeks to ensure that no village, town, city, or county in New
York State must bear a disproportionate representation of sex offenders
in their community.

 
SUMMARY OF PROVISIONS:

Section 1 adds a subdivision to the correction law directing the Divi-
sion of Criminal Justice Services to consider current numbers of sex
offenders in any community proposed for residence by a sex offender, in
comparison to the number of sex offenders in surrounding communities.
The subdivision allows the Division to deny a sex offender's requested

residency if the residency is in a community that already has a
disproportionate number of sex offenders compared to surrounding commu-
nities. When a sex offender is denied residency under these provisions,
the Division shall refer the sex offender to the state board of parole,
which shall provide a list alternatives in surrounding villages, towns,
cities, or counties, depending on the division's basis for denial, in
closest proximity, which satisfy the requirements of this section. The
subdivision directs sex offenders to notify the division of their
intended residence at least thirty days prior to changing residency.
This subdivision does not apply to any city in the state with a popu-
lation of one million or more.

Section 2 amends the correction law to direct the Division to include
records of a sex offender's requested residences as part of the informa-
tion maintained by the Division about registered sex offenders.

Section 3 amends correction law to include an exception to the registra-
tion requirements under subdivision 1 of § 168-f where § 1 of this act
applies. This section further amends subdivision 4 of § 168-f to require
sex offenders to register no later than thirty days prior to any change
of address, and no later than ten calendar days after any other change
specified under the subdivision.

Section 4 amends the correction law to direct the Division to monitor
the number of sex offenders in each village, town, city, and county so
the division can compare the relative densities of sex offenders in each
community pursuant to § 1 of this act.

Section 5 amends section 259-c of the executive law, adding a new subdi-
vision which directs the State Board of Parole to work in conjunction
with the Division of Criminal Justice Services pursuant to § 1 of this
act.

Section 6 provides the effective date.

 
JUSTIFICATION:


In an effort to prevent any municipality from having a disproportionate
number of convicted sex offenders in its community, the Division of
Justice would be required to take the number of convicted sex offenders
already in a community, into consideration when area of residence is
determined.

The American Probation and Parole Association, and the Pew Charitable
Trusts Public Safety Performance Project conducted a study that shows
one of the most effective ways to help offenders stop risky behavior,
and in turn commit new offenses, is to encourage them to avoid associ-
ations and environments that are likely to lead them to commit future
crimes.

This consideration would also help reduce the likelihood of parolees
associating with other parolees, which is often a restriction placed
upon a convicted sex offender as a condition of his or her release, as
it could foster an environment that could play a role in a future crime.
It also helps reduce the burdens on local law enforcement and probation
and parole officers who already face heavy caseloads.

With the Department of Criminal Justice already tracking the whereabouts
of Level 2 and Level 3 sex offenders, maintaining a list of their
current residences, it is uniquely prepared to track concentration
levels in a given community.

By requiring sex offenders to inform the Division of Criminal Justice of
their intended residence at least 30 days in advance of establishing
that residence, the Division of Criminal Justice can determine popu-
lation densities by county and zip code and compare the statistics to
surrounding communities. The Division of Criminal Justice can then refer
the sex offender to the State Board of Parole, who can use that informa-
tion to provide sex offenders a list of possible alternative, yet still
nearby locations, that would satisfy the provisions of this law and help
prevent the fostering of an environment that could play a role in future
crimes.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

2017-S7533A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7533--A
 
                             I N  S E N A T E
 
                             January 22, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law and the executive law, in relation to
   protecting communities from oversaturation of 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.    WHEN  DETERMINING  WHETHER  A  RESIDENCE  FOR A SEX OFFENDER IS
 ACCEPTABLE, THE DIVISION SHALL CONSIDER  THE  NUMBER  OF  SEX  OFFENDERS
 ALREADY  RESIDING  IN  THE PROPOSED COMMUNITY. IN ITS CONSIDERATION, THE
 DIVISION MUST COMPARE THE NUMBER OF SEX OFFENDERS IN THE PROPOSED COMMU-
 NITY TO THE NUMBER OF SEX OFFENDERS RESIDING IN SURROUNDING COMMUNITIES,
 SO THAT NO VILLAGE, TOWN,  CITY,  OR  COUNTY  BEARS  A  DISPROPORTIONATE
 REPRESENTATION  OF SEX OFFENDERS AND THE ACCOMPANYING RISK OF RE-OFFENS-
 ES. IF THE PROPOSED COMMUNITY HAS A DISPROPORTIONATE  REPRESENTATION  OF
 SEX  OFFENDERS COMPARED TO SURROUNDING VILLAGES, TOWNS, CITIES, OR COUN-
 TIES, THE DIVISION MAY DENY THE SEX  OFFENDER'S  PROPOSED  RESIDENCY  ON
 THIS  BASIS.  ANY SEX OFFENDER SHALL NOTIFY THE DIVISION AT LEAST THIRTY
 DAYS PRIOR TO A CHANGE IN RESIDENCY  AND  INFORM  THE  DIVISION  OF  THE
 ADDRESS  WHERE  THE  SEX OFFENDER INTENDS TO RESIDE. IN THE EVENT THAT A
 SEX OFFENDER IS DENIED RESIDENCY PURSUANT TO THIS SUBDIVISION, THE DIVI-
 SION SHALL REFER SUCH INDIVIDUAL TO THE STATE  BOARD  OF  PAROLE,  WHICH
 WILL  PROVIDE  A  LIST OF POSSIBLE ALTERNATIVES IN SURROUNDING VILLAGES,
 TOWNS, CITIES, OR  COUNTIES,  DEPENDING  ON  THE  DIVISION'S  BASIS  FOR
 DENIAL,  IN  CLOSEST  PROXIMITY,  WHICH SATISFY THE REQUIREMENTS OF THIS
 SECTION.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY CITY
 WITH A POPULATION OF ONE MILLION OR MORE.
   § 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13906-05-8

 S. 7533--A                          2
 
   (a) The sex offender's name, all aliases used,  date  of  birth,  sex,
 race,  height,  weight, eye color, driver's license number, home address
 and/or expected place of domicile, ANY REQUESTED  PLACES  OF  RESIDENCE,
 any  internet  accounts with internet access providers belonging to such
 offender and internet identifiers that such offender uses.
   §  3.  Subdivisions  1  and  4 of section 168-f of the correction law,
 subdivision 1 as amended by chapter 453 of the laws of 1999 and subdivi-
 sion 4 as amended by chapter 67 of the laws of 2008, are amended to read
 as follows:
   1. Any sex offender shall, EXCEPT AS SPECIFIED IN SUBDIVISION THIRTEEN
 OF SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE, (a) at  least  ten
 calendar days prior to discharge, parole, release to post-release super-
 vision  or release from any state or local correctional facility, hospi-
 tal or institution where he or she was confined or committed, or, (b) at
 the time sentence is imposed for any sex offender released on  probation
 or  discharged upon payment of a fine, conditional discharge or uncondi-
 tional discharge, register with the division on a form prepared  by  the
 division.
   4.  Any  sex  offender  shall register with the division no later than
 [ten] THIRTY calendar days [after] PRIOR TO any change of address[,] AND
 NO LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE  TO  internet  accounts
 with  internet  access  providers  belonging  to such offender, internet
 identifiers that such offender uses, or his or her status of enrollment,
 attendance, employment or residence at any institution of higher  educa-
 tion.  A  fee  of  ten  dollars,  as  authorized by subdivision eight of
 section one hundred sixty-eight-b of this article, shall be submitted by
 the sex offender each time such offender registers any change of address
 or any change of his or her status of enrollment, attendance, employment
 or residence at any institution of  higher  education.  Any  failure  or
 omission  to  submit the required fee shall not affect the acceptance by
 the division of the change of address or change of status.
   § 4. Subdivision 1 of section 168-q of the correction law, as  amended
 by chapter 462 of the laws of 2014, is amended to read as follows:
   1.  The  division shall maintain a subdirectory of level two and three
 sex offenders. The subdirectory shall include the exact address, address
 of the offender's place of employment and photograph of the sex offender
 along with the  following  information,  if  available:  name,  physical
 description,   age  and  distinctive  markings.  Background  information
 including all of the sex offender's crimes of  conviction  that  require
 him  or  her  to  register pursuant to this article, modus 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 a description of special conditions  imposed  on
 the sex offender shall also be included. The subdirectory shall have sex
 offender listings categorized by county and zip code. THE DIVISION SHALL
 MONITOR  THE  NUMBER  OF  SEX OFFENDERS IN EACH VILLAGE, TOWN, CITY, AND
 COUNTY  TO  ENABLE  DETERMINATION  OF  RELATIVE  DENSITIES  COMPARED  TO
 SURROUNDING COMMUNITIES, PURSUANT TO SUBDIVISION THIRTEEN OF SECTION ONE
 HUNDRED  SIXTY-EIGHT-B  OF THIS ARTICLE. Such subdirectory shall be made
 available at all times on the internet via the  division  homepage.  Any
 person  may  apply to the division to receive automated e-mail notifica-
 tions whenever a new or updated subdirectory registration  occurs  in  a
 geographic  area  specified  by  such person. The division shall furnish
 such service at no charge to  such  person,  who  shall  request  e-mail
 notification  by  county and/or zip code on forms developed and provided

 S. 7533--A                          3
 
 by the division. E-mail notification  is  limited  to  three  geographic
 areas per e-mail account.
   §  5.  Section  259-c  of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. WORK IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 TO COMPILE POSSIBLE ALTERNATIVE HOUSING OPTIONS TO PROVIDE SEX OFFENDERS
 WHEN  SUCH  INDIVIDUALS ARE DENIED HOUSING PURSUANT TO SUBDIVISION THIR-
 TEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW;
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

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Senate Bill S7533A

Sponsored By

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

Actions

Bill Amendments

2017-S7533 - Details

2017-S7533 - Summary

2017-S7533 - Sponsor Memo

2017-S7533 - Bill Text download pdf

2017-S7533A (ACTIVE) - Details

2017-S7533A (ACTIVE) - Summary

2017-S7533A (ACTIVE) - Sponsor Memo

2017-S7533A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7533A

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Sponsored By

Patty Ritchie

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

Actions

Bill Amendments

2017-S7533 - Details

2017-S7533 - Summary

2017-S7533 - Sponsor Memo

2017-S7533 - Bill Text download pdf

2017-S7533A (ACTIVE) - Details

2017-S7533A (ACTIVE) - Summary

2017-S7533A (ACTIVE) - Sponsor Memo

2017-S7533A (ACTIVE) - Bill Text download pdf

Comments