S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5894
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, BARNWELL -- read once and referred
   to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to requiring  level  one
   sex  offenders to register for life and providing that such sex offen-
   ders may petition for relief after thirty years

   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, subdivisions 1 and 2 as amended by chapter 1  of
 the laws of 2006, is amended to read as follows:
   § 168-h. Duration of registration and verification. 1. The duration of
 registration  and  verification  for  a  sex  offender who [has not been
 designated a sexual predator, or a sexually violent offender, or a pred-
 icate 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.  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 ONE, 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 pred-
 icate sex offender, may be relieved of the duty to register  and  verify
 as  provided  by subdivision one of section one hundred sixty-eight-o of
 this article.
   [3.] 2. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09860-01-9
              

 A. 5894                             2
 
   § 2. Subdivision 8 of section 168-l of the correction law, as  amended
 by chapter 1 of the laws of 2006, is amended to read as follows:
   8.  A  failure  by a state or local agency or the board to act or by a
 court to render a determination within the time period specified in this
 article shall not affect the obligation of the sex offender to  register
 or verify under this article nor shall such failure prevent a court from
 making  a  determination regarding the sex offender's level of notifica-
 tion and whether such offender is required by law to be registered  [for
 a period of twenty years or] for life. Where a court is unable to make a
 determination   prior  to  the  date  scheduled  for  a  sex  offender's
 discharge, parole, release to post-release supervision  or  release,  it
 shall  adjourn  the  hearing  until  after  the  offender is discharged,
 paroled, released to post-release supervision  or  released,  and  shall
 then expeditiously complete the hearing and issue its determination.
   §  3. 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.
   §  4.  This  act  shall take effect immediately and shall apply to all
 level one sex offenders registered or required to  register  immediately
 prior to the effective date of this act, or who are required to register
 on or after such date.