NY State Senate Bill 2019-S2694

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
Jan 08, 2020	referred to crime victims, crime and correction
Jan 28, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S2694 (ACTIVE) - Details

See Assembly Version of this Bill:: A4292
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10707
2011-2012: A1799
2013-2014: A4595
2015-2016: A2187
2017-2018: A4046
2021-2022: S2963, A8263
2023-2024: S3240
2025-2026: S5796

2019-S2694 (ACTIVE) - Summary

Relates to the definition of a sex offense; provides that if luring a child or the attempt thereto requires an actor to register as a sex offender, then the act is determined to be a sex offense.

2019-S2694 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2694

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to the definition of a
sex offense

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill clarifies when a person convicted of luring a child pursuant
to section 120.70 of the penal law is required to register as a sex
offender.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of amends the correction law to clarify that a person
convicted of luring a child pursuant to section 120.70 of the penal, law
is required to register as a sex offender when the underlying offense
the defendant intended to commit is an offense that requires registra-
tion as a sex offender.

 
JUSTIFICATION:

The sex offender registry exists for the purpose of providing the public
with information about sex offenders. As such, all offenders appearing
in the registry should be those who have been convicted of a sex
offense. Under the current provisions of section 168-a(2)(a)(i) of the
penal law, certain offenders convicted of non-sex offenses could be
included in the sex offender registry. This dilutes the purpose of the
sex offender registry to provide the public with information about
convicted sex offenders.

For example, under current law, an 18 year old high school student
convicted of luring a 16 year old high school student for the purpose of
stealing his iPod could be required to register as a sex offender.
Robbery and attempted robbery are not registerable offenses, yet under
the current language of § 168-a(2)(a)(i), such offender could be
required to register as a sex offender and submit to all related
restrictions and conditions. Such an offender is not the intended target
of the sex offender registration act.

 
PRIOR LEGISLATIVE HISTORY:

Assembly bill A4046 of 2018.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2694 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2694
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the definition  of  a
   sex offense
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  2  of
 section  168-a  of  the correction law, as amended by chapter 189 of the
 laws of 2018, is amended to read as follows:
   (i) a conviction of or a conviction for an attempt to  commit  any  of
 the  provisions  of sections 120.70, PROVIDED THE UNDERLYING OFFENSE THE
 ACTOR INTENDED TO COMMIT CONSTITUTES AN OFFENSE FOR  WHICH  REGISTRATION
 AS  A SEX OFFENDER IS REQUIRED PURSUANT TO THIS ARTICLE, 130.20, 130.25,
 130.30, 130.40, 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26
 and 255.27 or article two hundred  sixty-three  of  the  penal  law,  or
 section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
 ping offenses, provided the victim of such kidnapping or related offense
 is  less  than seventeen years old and the offender is not the parent of
 the victim, or section 230.04, where the person patronized  is  in  fact
 less  than  seventeen  years  of  age,  230.05,  230.06, 230.11, 230.12,
 230.13, subdivision two of section 230.30, section  230.32,  230.33,  or
 230.34  of  the  penal law, or section 230.25 of the penal law where the
 person prostituted is in fact less than seventeen years old, or
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07256-01-9

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Senate Bill S2694

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

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co-Sponsors

2019-S2694 (ACTIVE) - Details

2019-S2694 (ACTIVE) - Summary

2019-S2694 (ACTIVE) - Sponsor Memo

2019-S2694 (ACTIVE) - Bill Text download pdf

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Sponsored By

Luis R. Sepúlveda

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

Actions

co-Sponsors

Andrew Gounardes

2019-S2694 (ACTIVE) - Details

2019-S2694 (ACTIVE) - Summary

2019-S2694 (ACTIVE) - Sponsor Memo

2019-S2694 (ACTIVE) - Bill Text download pdf

Comments