NY State Senate Bill 2017-S5321

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to crime victims, crime and correction returned to senate died in assembly
Jun 08, 2017	referred to correction delivered to assembly passed senate
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.992
Mar 21, 2017	referred to crime victims, crime and correction

Votes

- Jun 8, 2017 - Floor Vote
  S5321
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Montgomery
      
      Parker
      
      excused (2)
      
      Diaz
      
      LaValle
  May 16, 2017 - Crime Victims, Crime And Correction Committee Vote
  S5321
  
  11
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 16, 2017
      
      aye (11)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Ritchie
      
      Rivera
      
      Tedisco
      
      nay (1)
      
      Montgomery
      
      aye wr (1)
      
      Little

co-Sponsors

View additional co-sponsors

2017-S5321 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §168-t, ren §168-w to be §168-x, add §168-w, Cor L

2017-S5321 (ACTIVE) - Summary

Prohibits sex offenders who have a level 2 or 3 designation, whose sex offense was committed against a minor, or who used the internet to facilitate his or her sex offense, from using the internet to access pornography, access sites promoting sexual relations with minors or access social networking sites; makes the violation of such prohibition a class D felony.

2017-S5321 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5321       Revised 11/30/17

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to amend the correction law, in relation to
prohibiting certain sex offenders from using the internet for certain
purposes

 
PURPOSE:

This bill would prohibit registered sex offenders from certain internet
use during the length of time the offender is required to register.

 
SUMMARY OF PROVISIONS:

Section one amends section 168-t of the correction law regarding penal-
ties to state that any sex offender who violates the provisions of
subdivision seven of section 168-w of this article shall be guilty of a
class D felony.

Section two amends section 168-w of the correction law to renumber it as
section 168-x, and establishes a new section 168-w to establish that a

sex offender required to register under this article who has been given
a level two or three designation, or if the victim of the sex offender's
offense was under the age of eighteen at the time of the offense, or if
the internet was used to facilitate the commission of the crime, shall
be prohibited from using the internet to access pornographic material,
commercial social networking websites, communicating with other individ-
uals or groups for the purpose of promoting sexual relations with
persons under the age of eighteen when such offender is over the age of
eighteen. A sex offender may use the internet to communicate to a person
under the age of eighteen who is a minor child of the sex offender and
the sex offender is not otherwise prohibited from communicating with
such minor child. This section defines a "commercial social networking
website" as any business, organization or other entity operating a
website that permits persons under the age of eighteen years of age to
be registered users for the purpose of establishing personal relation-
ships with other users, where such persons unde r eighteen years of age
may: (i) create web pages or profiles that provide information about
themselves where such web pages or profiles are available to the public
or to other users; (ii) engage in direct or real time communication with
other users such as a chat room or instant messenger; and (iii) communi-
cate with other persons over eighteen years; provided, however, that,
for purposes of this subdivision a commercial social networking website
shall not include a website that permits others to engage in such other
activities as are not enumerated in this subdivision.

Section three establishes the effective date.

 
JUSTIFICATION:

In Katonah, a sex offender, who spent eight years behind bars for sexu-
ally assaulting a fourteen-year-old girl, was recently found to have
coerced another fourteen-year-old girl through social media to engage in
sexually explicit activity. The offender began communicating with his
victim in the same month his five-year term of post-release supervision
concluded, which also marked the expiration of the prohibition on
certain internet use by the offender.


Currently under the Penal Law and Executive Law, a mandatory condition
of probation or parole for an individual required to register as a sex
offender is a prohibition on certain internet use. More specifically,
sex offenders while on probation or parole are prohibited from using the
internet to access pornographic material, social networking sites or
communicate with individuals under eighteen years of age for the purpose
of promoting sexual relations where the offender is over the age of
eighteen. These mandatory conditions of release expire with the
completion of probation or parole. FBI Assistant Director William Swee-
ney Jr. expressed that predators today have much greater access in this
digital age than they've had in the past placing more potential victims
at risk.

This bill seeks to strengthen current protections against online preda-
tors by conforming current prohibitions to the length of time a sex
offender is required to register with the Division of Criminal Justice
Services; for level two and level three offenders the prohibition on
certain internet uses would be for life. This bill will ensure that sex
offenders required to register for life can no longer use the internet
to threaten the health and safety of our children.

 
LEGISLATIVE HISTORY:

2017: S.5321, Passed Senate

 
FISCAL IMPLICATIONS:

None

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

2017-S5321 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5321
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 prohibiting certain
   sex offenders from using the internet for certain purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 168-t of the correction law, as amended by chapter
 373 of the laws of 2007, is amended to read as follows:
   § 168-t. Penalty. Any sex offender required to register or  to  verify
 pursuant  to  the  provisions  of  this article who fails to register or
 verify in the manner and within the time periods provided  for  in  this
 article  shall  be  guilty  of  a class E felony upon conviction for the
 first offense, and upon conviction for a second  or  subsequent  offense
 shall  be  guilty of a class D felony. Any sex offender who violates the
 provisions of section one hundred sixty-eight-v of this article shall be
 guilty of a class A misdemeanor upon conviction for the  first  offense,
 and  upon  conviction for a second or subsequent offense shall be guilty
 of a class D felony.  ANY SEX OFFENDER WHO VIOLATES  THE  PROVISIONS  OF
 SECTION  ONE  HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE SHALL BE GUILTY OF A
 CLASS D FELONY. Any such failure to register or verify may also  be  the
 basis  for  revocation  of parole pursuant to section two hundred fifty-
 nine-i of the executive law or the basis  for  revocation  of  probation
 pursuant to article four hundred ten of the criminal procedure law.
   § 2. Section 168-w of the correction law, as relettered by chapter 604
 of  the  laws  of  2005,  is renumbered section 168-x, and a new section
 168-w is added to read as follows:
   § 168-W. PROHIBITION OF CERTAIN USES OF THE INTERNET.  1. A SEX OFFEN-
 DER REQUIRED TO REGISTER UNDER THIS ARTICLE WHO HAS BEEN GIVEN  A  LEVEL
 TWO  OR  LEVEL THREE DESIGNATION, OR IF THE VICTIM OF THE SEX OFFENDER'S
 OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE, OR IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10741-01-7

 S. 5321                             2
 
 THE INTERNET WAS USED TO FACILITATE THE COMMISSION OF THE SEX OFFENSE OR
 SEXUALLY VIOLENT OFFENSE, SHALL BE PROHIBITED FROM USING THE INTERNET TO
 ACCESS PORNOGRAPHIC MATERIAL, ACCESSING A COMMERCIAL  SOCIAL  NETWORKING
 WEBSITE,  AND  COMMUNICATING  WITH  OTHER  INDIVIDUALS OR GROUPS FOR THE
 PURPOSE OF PROMOTING SEXUAL RELATIONS WITH  PERSONS  UNDER  THE  AGE  OF
 EIGHTEEN  WHEN  SUCH OFFENDER IS OVER THE AGE OF EIGHTEEN, PROVIDED THAT
 SUCH A SEX OFFENDER MAY USE THE INTERNET TO COMMUNICATE  WITH  A  PERSON
 UNDER THE AGE OF EIGHTEEN WHO IS THE MINOR CHILD OF THE SEX OFFENDER AND
 THE  SEX  OFFENDER  IS  NOT OTHERWISE PROHIBITED FROM COMMUNICATING WITH
 SUCH MINOR CHILD.
   2. AS USED IN THIS SECTION, A "COMMERCIAL SOCIAL  NETWORKING  WEBSITE"
 SHALL  MEAN  ANY  BUSINESS,  ORGANIZATION  OR  OTHER  ENTITY OPERATING A
 WEBSITE THAT PERMITS PERSONS UNDER THE AGE OF EIGHTEEN YEARS OF  AGE  TO
 BE  REGISTERED  USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
 SHIPS WITH OTHER USERS, WHERE SUCH PERSONS UNDER EIGHTEEN YEARS  OF  AGE
 MAY:  (A)  CREATE  WEB  PAGES OR PROFILES THAT PROVIDE INFORMATION ABOUT
 THEMSELVES WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE TO THE  PUBLIC
 OR  TO OTHER USERS; (B) ENGAGE IN DIRECT OR REAL TIME COMMUNICATION WITH
 OTHER USERS SUCH AS A CHAT ROOM OR INSTANT MESSENGER; AND  (C)  COMMUNI-
 CATE  WITH  OTHER  PERSONS OVER EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT,
 FOR PURPOSES OF THIS SECTION  A  COMMERCIAL  SOCIAL  NETWORKING  WEBSITE
 SHALL  NOT INCLUDE A WEBSITE THAT PERMITS OTHERS TO ENGAGE IN SUCH OTHER
 ACTIVITIES AS ARE NOT ENUMERATED IN THIS SUBDIVISION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S5321

Sponsored By

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

Jun 8, 2017 - Floor Vote

Floor Vote: Jun 8, 2017

May 16, 2017 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 16, 2017

co-Sponsors

2017-S5321 (ACTIVE) - Details

2017-S5321 (ACTIVE) - Summary

2017-S5321 (ACTIVE) - Sponsor Memo

2017-S5321 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5321

Share this bill

Sponsored By

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

co-Sponsors

2017-S5321 (ACTIVE) - Details

2017-S5321 (ACTIVE) - Summary

2017-S5321 (ACTIVE) - Sponsor Memo

2017-S5321 (ACTIVE) - Bill Text download pdf

Comments