Senate Bill S4812A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4812--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by Sens. REICHLIN-MELNICK, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction -- recommitted to the Committee on Crime
   Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the  correction  law,  in  relation  to  requiring  that
   websites  providing  incarcerated individual information be searchable
   by the incarcerated individual's name, former name or alias
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 9 of the correction law, as added by section 2 of
 part OO of chapter 56 of the laws of 2010 and  the  section  heading  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion  relating  to  the  conviction  of  a  person,  except for a person
 convicted of an offense that would make such person ineligible for merit
 time under section eight hundred three of this chapter or an offense for
 which registration as a sex offender is required as set forth in  subdi-
 vision  two  or three of section one hundred sixty-eight-a of this chap-
 ter, that is posted on a website maintained by or  for  the  department,
 under  article  six  of  the  public officers law, may be posted on such
 website for a period not to exceed five years after  the  expiration  of
 such person's sentence of imprisonment and any period of parole or post-
 release supervision; provided, however, that in the case of a person who
 has  been  committed  to  the  department on more than one occasion, the
 department may post conviction information relating to any prior commit-
 ment on such website for a period not to exceed  five  years  after  the
 expiration  of  such person's sentence of imprisonment and any period of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08285-03-2
              

 S. 4812--A                          2
 
 parole or post-release supervision arising from the most recent  commit-
 ment to the department; PROVIDED FURTHER, HOWEVER, THAT ANY SUCH WEBSITE
 THAT ALLOWS THE PUBLIC TO SEARCH FOR INCARCERATED INDIVIDUAL INFORMATION
 SHALL  BE  PROGRAMMED IN SUCH A MANNER THAT THE SEARCH MAY BE SUCCESSFUL
 BY INPUT OF THE INCARCERATED INDIVIDUAL'S CURRENT NAME, ANY FORMER LEGAL
 NAME OR ANY OTHER KNOWN ALIAS OF THE INCARCERATED INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.