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.