BILL NUMBER:  S5392

 TITLE OF BILL :  An act to amend the correction law, in relation to
the definition of sex offender

 PURPOSE OF THE BILL :

This bill would amend the Sex Offender Registration Act (SORA) to
require defendants convicted of endangering the welfare of vulnerable
elderly persons or incompetent or physically disabled persons by
engaging in sexual abuse, sex offenders registered in other
jurisdictions for a misdemeanor who move to New York, and offenders
convicted by a court martial when ordered to register by that court
martial, register as a sex offender.

 SUMMARY OF PROVISIONS :

Section one of the bill would amend Correction L. § 168-a(2)(a)(i) to
define subdivision four of Penal Law § 260.32(4), endangering the
welfare of vulnerable elderly persons or an incompetent or physically
disabled person by engaging in sexual abuse, as a sex offense.

Section two of the bill would amend Correction L. § 168-a(2)(d)(ii)
and (iii) and add a new Correction L. § 168-a(2)(d)(iv) to define, as
a sex offense, a conviction for any offense in another jurisdiction
for which the offender is required to register as a sex offender, and
              

a conviction by a court martial when the offender is ordered to
register by that court martial, respectively.

Section three of the bill would make the bill effective on the
ninetieth day after enactment. This section would also specify that
registration is required for a conviction of Penal Law § 260.32 if the
crime was committed on or after the effective date, or, if the basis
for registration for a conviction in another jurisdiction is that such
out of state conviction has all of the essential elements of Penal Law
§ 260.32, registration is required if the offender establishes a
residence in New York on or after the effective date.  Further, this
section would provide that an offender convicted by a court martial
must register if the offender establishes a residence in New York on
or after the effective date or, if the conviction was by a court
martial located within the borders of New York State, upon a
conviction on or after the effective date.

 JUSTIFICATION :

This bill would amend SORA to add, as a registerable offense,
endangering the welfare of a vulnerable elderly person or an
incompetent or physically disabled person by subjecting such person to
sexual contact without consent. Although this section of law was
amended in 2010 to include the abuse of incompetent or disabled
persons, it was never added to the Correction Law as a registerable
crime. This bill would close a loophole allowing a person to subject
some of the most vulnerable individuals in this State to sexual abuse
yet escape registration. The addition of this crime to the list of
registerable offenses will enhance the safety of vulnerable citizens.

Additionally, when an offender is convicted in another jurisdiction
registration is only automatic if the offender was registered in his
or her home state for a felony. If the registration is for a
misdemeanor, registration is only required if the particular
misdemeanor has all of the essential elements of a New York State
registerable offense. Slight differences in the elements of the
offense can allow a sexual abuser to move to New York with no
registration requirement or community notification. This bill would
ensure that New York does not become a safe haven for out-of-state sex
offenders.
A further loophole in SORA concerns certain military convictions.
Currently, military courts can convict a person of low level sex
offenses and child pornography offenses under Article 134 of the
Uniform Code of Military Justice (10 U.S.C. § 934). However, that
particular offense has been determined to be a crime which does not
require registration in New York because it is a generic provision
prohibiting, among other things, all conduct of a nature to bring
discredit upon the armed forces. This bill would ensure that
individuals convicted in a military court of certain sexual offenses
are required to register in New York.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect on the ninetieth day after it shall have
become a law.