Assembly Bill A5209

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5209
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. DeSTEFANO, MIKULIN, McDONOUGH, MORINELLO, REILLY,
   MANKTELOW,  SMITH, DURSO, E. BROWN, PIROZZOLO, ANGELINO -- Multi-Spon-
   sored by -- M.  of A. DiPIETRO, HAWLEY -- read once  and  referred  to
   the Committee on Correction
 
 AN  ACT to amend the correction law, in relation to facilitating compli-
   ance with the sex offender registry for offenders without a registera-
   ble residence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  168-a of the correction law is amended by adding
 two new subdivisions 19 and 20 to read as follows:
   19. "HOMELESS SEX OFFENDER" MEANS A PERSON REQUIRED TO REGISTER  AS  A
 SEX  OFFENDER  WHO  DOES  NOT  HAVE  A  REGISTERABLE  RESIDENCE. FOR THE
 PURPOSES OF THIS SECTION A REGISTERABLE RESIDENCE IS  AN  ADDRESS  WHERE
 THE SEX OFFENDER ACTUALLY RESIDES AND WHERE THE SEX OFFENDER MAY RECEIVE
 MAIL.  SHOULD  A  SEX  OFFENDER  HAVE AN ADDRESS WHERE SUCH SEX OFFENDER
 ACTUALLY RESIDES THAT THE UNITED STATES POSTAL SERVICE DOES NOT  DELIVER
 MAIL,  BUT SUCH SEX OFFENDER DOES MAINTAIN A VALID POSTAL BOX TO RECEIVE
 THEIR MAIL, THEN SUCH OFFENDER SHALL NOT BE CONSIDERED HOMELESS FOR  THE
 PURPOSES OF THIS SECTION.
   20.  "SEX  OFFENDER REGISTRATION OFFICER" MEANS A PERSON DESIGNATED BY
 THE COUNTY TO COLLECT INFORMATION REGARDING THE LOCATION OF HOMELESS SEX
 OFFENDERS AND REPORT SUCH TO THE  DIVISION  FOR  INCLUSION  ON  THE  SEX
 OFFENDER  REGISTRY.  THE  SEX  OFFENDER  REGISTRATION OFFICER SHALL ALSO
 PROVIDE, ON BEHALF OF THE  DIVISION,  NECESSARY  NOTIFICATIONS  TO  SUCH
 OFFENDERS.  SEX  OFFENDER  REGISTRATION OFFICERS ARE AUTHORIZED TO SHARE
 INFORMATION REGARDING THE LOCATION OF HOMELESS SEX OFFENDERS WITH  OTHER
 SEX OFFENDER REGISTRATION OFFICERS WITHIN THE STATE, AS WELL AS WITH THE
 DIVISION AND ANY AND ALL LAW ENFORCEMENT AGENCIES, PROBATION AND PAROLE.
 THE  SEX  OFFENDER  REGISTRATION OFFICER MAY DESIGNATE AGENTS, INCLUDING
 BUT NOT LIMITED TO A LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07537-01-5
              

 A. 5209                             2
 
 FACILITATE THE COLLECTION OF LOCATION INFORMATION, AS WELL AS FACILITATE
 NOTIFICATIONS,  SO LONG AS INFORMATION COLLECTED BY SUCH AGENTS IS IMME-
 DIATELY FORWARDED TO THE SEX OFFENDER REGISTRATION OFFICER.
   § 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
 race, height, weight, eye color, driver's license number,  home  address
 and/or  expected  place of domicile, any internet accounts with internet
 access providers belonging to such  offender  and  internet  identifiers
 that such offender uses.  IF THE SEX OFFENDER IS A HOMELESS SEX OFFENDER
 AS  DEFINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A
 OF THIS ARTICLE, THEN THE DIVISION SHALL INCLUDE THAT INFORMATION  ALONG
 WITH  WHICH  COUNTY'S  SEX  OFFENDER  REGISTRATION OFFICER IS COLLECTING
 LOCATION INFORMATION REGARDING THIS HOMELESS SEX OFFENDER.
   § 3. Section 168-b of the correction law is amended by adding two  new
 subdivisions 13 and 14 to read as follows:
   13.  FOR ANY SEX OFFENDER WHO IS A HOMELESS SEX OFFENDER AS DEFINED IN
 SUBDIVISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS  ARTI-
 CLE,  THE  SEX  OFFENDER REGISTRATION OFFICER OF THE COUNTY IN WHICH THE
 SEX OFFENDER IS LOCATED SHALL FACILITATE ALL NOTIFICATIONS  REQUIRED  BY
 THIS SECTION ON BEHALF OF THE DIVISION.
   14.  THE  DIVISION IS AUTHORIZED TO MAKE ANY AND ALL INFORMATION MAIN-
 TAINED PURSUANT TO THIS SECTION, AVAILABLE TO ANY SEX OFFENDER REGISTRA-
 TION OFFICER WITHIN THE STATE FOR THE FURTHERANCE OF THE  PROVISIONS  OF
 THIS ARTICLE.
   §  4.  Section  168-f of the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. IF THE SEX OFFENDER IS A HOMELESS SEX OFFENDER AS DEFINED IN SUBDI-
 VISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A  OF  THIS  ARTICLE,
 THE SEX OFFENDER MUST REPORT TO THE SEX OFFENDER REGISTRATION OFFICER IN
 THE  COUNTY  WHERE  THE  SEX OFFENDER IS LOCATED EVERY TEN CALENDAR DAYS
 UNTIL SUCH SEX OFFENDER IS NO LONGER A HOMELESS SEX OFFENDER OR NO LONG-
 ER REQUIRED TO REGISTER. WHEN THE SEX OFFENDER REPORTS THEY SHALL UPDATE
 ANY INFORMATION PREVIOUSLY PROVIDED PURSUANT TO THIS SECTION, AS WELL AS
 INFORMATION AS TO WHERE SUCH SEX OFFENDER HAS HABITUALLY  BEEN  SPENDING
 THE  NIGHT AND ANY FURTHER INFORMATION RELEVANT TO WHERE SUCH SEX OFFEN-
 DER HAS BEEN OR WILL BE STAYING, INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
 SHELTERS  OR  EMERGENCY  HOUSING.  ALL  REGISTRATIONS  AND VERIFICATIONS
 REQUIRED OF THE SEX OFFENDER UNDER THIS ARTICLE SHALL BE PROVIDED BY THE
 HOMELESS SEX OFFENDER TO THE SEX OFFENDER REGISTRATION  OFFICER  IN  THE
 COUNTY  WHERE  THE  SEX OFFENDER IS LOCATED, OR TO THAT OFFICER'S DESIG-
 NATED AGENT, TO BE FORWARDED TO THE DIVISION. NOTHING CONTAINED IN  THIS
 SUBDIVISION  SHALL  EXEMPT  A  HOMELESS  SEX  OFFENDER  FROM ANY AND ALL
 REQUIREMENTS TO APPEAR AT A LAW ENFORCEMENT AGENCY HAVING  JURISDICTION.
 THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS RELATING TO PROCE-
 DURES FOR FACILITATING REPORTING OF HOMELESS SEX OFFENDERS TO SEX OFFEN-
 DER REGISTRATION OFFICERS, AS WELL AS FOR DISSEMINATING  INFORMATION  BY
 THE  DIVISION  TO  THE  HOMELESS  SEX OFFENDERS THROUGH THE SEX OFFENDER
 REGISTRATION OFFICER.
   § 5. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   § 168-t. Penalty. Any sex offender required to register or  to  verify
 pursuant  to  the  provisions  of  this article who fails to register or
 verify in the manner and within the time periods provided  for  in  this
 article  shall  be  guilty  of  a class E felony upon conviction for the
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 first offense, and upon conviction for a second  or  subsequent  offense
 shall  be guilty of a class D felony. ANY HOMELESS SEX OFFENDER REQUIRED
 TO REPORT TO  A  SEX  OFFENDER  REGISTRATION  OFFICER  PURSUANT  TO  THE
 PROVISIONS  OF THIS ARTICLE WHO FAILS TO REPORT IN THE MANNER AND WITHIN
 THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS
 A MISDEMEANOR UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON CONVICTION
 FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS E  FELONY.
 Any  sex  offender  who  violates  the provisions of section one hundred
 sixty-eight-v of this article shall be guilty of a class  A  misdemeanor
 upon  conviction for the first offense, and upon conviction for a second
 or subsequent offense shall be guilty of a  class  D  felony.  Any  such
 failure  to  register  or verify may also be the basis for revocation of
 parole pursuant to section two hundred fifty-nine-i of the executive law
 or the basis for  revocation  of  probation  pursuant  to  article  four
 hundred ten of the criminal procedure law.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.