S T A T E O F N E W Y O R K
________________________________________________________________________
6881
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to registration require-
ments applicable to certain sex offenders who are transient
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 168-f of the correction law, as
amended by chapter 364 of the laws of 2012, is amended to read as
follows:
3. (A) The provisions of subdivision two of this section shall be
applied to a sex offender required to register under this article except
that such sex offender designated as a sexual predator or having been
given a level three designation must personally verify his or her
address with the local law enforcement agency every ninety calendar days
after the date of release or commencement of parole or post-release
supervision, or probation, or release on payment of a fine, conditional
discharge or unconditional discharge. At such time the law enforcement
agency having jurisdiction may take a new photograph of such sex offen-
der if it appears that the offender has had a change in appearance since
the most recent photograph taken pursuant to paragraph (b-2) of subdivi-
sion two of this section. If such photograph is taken, the law enforce-
ment agency shall promptly forward a copy of such photograph to the
division. The duty to personally verify shall be temporarily suspended
during any period in which the sex offender is confined to any state or
local correctional facility, hospital or institution and shall imme-
diately recommence on the date of the sex offender's release.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, ANY PERSON WHO IS REQUIRED TO REGISTER UNDER THIS ARTICLE AND WHO
IS LIVING AS A TRANSIENT SHALL REGISTER AS FOLLOWS:
(I) A TRANSIENT SHALL REGISTER WITHIN FIVE DAYS AFTER RELEASE FROM
INCARCERATION, PLACEMENT OR COMMITMENT, OR PROBATION UNLESS SUCH PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09892-01-3
A. 6881 2
REGISTERED AS A TRANSIENT WITHIN THIRTY DAYS FROM THE DATE OF THEIR
RELEASE FROM INCARCERATION.
(II) AFTER INITIAL REGISTRATION, HE OR SHE SHALL RE-REGISTER EVERY
THIRTY DAYS.
(III) A TRANSIENT SHALL, UPON REGISTRATION AND REREGISTRATION,
PROVIDE CURRENT INFORMATION AS REQUIRED ON THE DIVISION REGISTRATION
FORMS, AND SHALL ALSO LIST THE PLACES WHERE HE OR SHE SLEEPS, EATS,
WORKS, FREQUENTS, AND ENGAGES IN LEISURE ACTIVITIES. IF A TRANSIENT
CHANGES OR ADDS TO THE PLACES LISTED ON THE FORM DURING THE THIRTY-DAY
PERIOD, HE OR SHE DOES NOT NEED TO REPORT THE NEW PLACE OR PLACES UNTIL
THE NEXT REQUIRED REREGISTRATION.
(IV) IF A TRANSIENT CONVICTED IN ANOTHER JURISDICTION ENTERS THE
STATE, HE OR SHE SHALL REGISTER WITHIN FIVE WORKING DAYS OF COMING INTO
THE STATE WITH THE LOCAL LAW ENFORCEMENT AGENCY IN WHICH HE OR SHE IS
PRESENT OR THE SHERIFF OF THE COUNTY.
(V) IF A TRANSIENT IS NOT PHYSICALLY PRESENT IN ANY ONE JURISDICTION
FOR FIVE CONSECUTIVE WORKING DAYS, HE OR SHE SHALL REGISTER IN THE
JURISDICTION IN WHICH HE OR SHE IS PHYSICALLY PRESENT ON THE FIFTH WORK-
ING DAY FOLLOWING RELEASE.
(VI) A TRANSIENT WHO MOVES OUT OF STATE SHALL WITHIN FIVE BUSINESS
DAYS INFORM THE LOCAL LAW ENFORCEMENT AGENCY WHERE HE OR SHE IS PHYS-
ICALLY PRESENT, IN PERSON, OF HIS OR HER MOVE OUT OF STATE AND OF HIS OR
HER PLANNED DESTINATION, RESIDENCE OR TRANSIENT LOCATION OUT OF STATE,
AND ANY PLANS HE OR SHE HAS TO RETURN TO THE STATE, IF KNOWN. THE LAW
ENFORCEMENT AGENCY SHALL, WITHIN THREE DAYS AFTER RECEIPT OF THIS INFOR-
MATION, FORWARD A COPY OF THE CHANGE OF LOCATION INFORMATION TO THE
DIVISION. THE DIVISION SHALL FORWARD APPROPRIATE REGISTRATION DATA TO
THE LAW ENFORCEMENT AGENCY HAVING LOCAL JURISDICTION OF THE NEW PLACE OF
RESIDENCE OR LOCATION.
(C) FOR PURPOSES OF THIS SUBDIVISION:
(I) "TRANSIENT" SHALL MEAN A PERSON WHO HAS NO RESIDENCE.
(II) "RESIDENCE" SHALL MEAN ONE OR MORE ADDRESSES AT WHICH A PERSON
REGULARLY RESIDES, REGARDLESS OF THE NUMBER OF DAYS OR NIGHTS SPENT
THERE, SUCH AS A SHELTER OR STRUCTURE THAT CAN BE LOCATED BY A STREET
ADDRESS, INCLUDING, BUT NOT LIMITED TO, HOUSES, APARTMENT BUILDINGS,
MOTELS, HOTELS, HOMELESS SHELTERS, AND RECREATIONAL AND OTHER VEHICLES.
§ 2. This act shall take effect immediately.