Assembly Bill A4736

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4736
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 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]
 THEIR  address with the local law enforcement agency every ninety calen-
 dar days after the date of release or commencement of parole or post-re-
 lease supervision, or probation, or release on payment of a fine, condi-
 tional discharge or  unconditional  discharge.  At  such  time  the  law
 enforcement agency having jurisdiction may take a new photograph of such
 sex offender if it appears that the offender has had a change in appear-
 ance  since the most recent photograph taken pursuant to paragraph (b-2)
 of subdivision two of this section. If such photograph is taken, the law
 enforcement 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
 immediately 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.
                                                            LBD08249-01-5
              

 A. 4736                             2
 
 REGISTERED  AS  A  TRANSIENT  WITHIN  THIRTY DAYS FROM THE DATE OF THEIR
 RELEASE FROM INCARCERATION.
   (II)   AFTER INITIAL REGISTRATION, SUCH PERSON 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 SUCH  PERSON  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,  SUCH  PERSON  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,  SUCH  PERSON  SHALL  REGISTER WITHIN FIVE WORKING DAYS OF COMING
 INTO THE STATE WITH THE LOCAL  LAW  ENFORCEMENT  AGENCY  IN  WHICH  SUCH
 PERSON 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, SUCH PERSON  SHALL  REGISTER  IN  THE
 JURISDICTION  IN WHICH THEY ARE 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 THEY ARE PHYSICALLY
 PRESENT, IN PERSON, OF THEIR MOVE OUT OF  STATE  AND  OF  THEIR  PLANNED
 DESTINATION, RESIDENCE OR TRANSIENT LOCATION OUT OF STATE, AND ANY PLANS
 THEY  HAVE TO RETURN TO THE STATE, IF KNOWN.  THE LAW ENFORCEMENT AGENCY
 SHALL, WITHIN THREE DAYS AFTER RECEIPT OF THIS  INFORMATION,  FORWARD  A
 COPY OF THE CHANGE OF LOCATION INFORMATION TO THE DIVISION. THE DIVISION
 SHALL FORWARD APPROPRIATE REGISTRATION DATA TO THE LAW ENFORCEMENT AGEN-
 CY 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.