S T A T E O F N E W Y O R K
________________________________________________________________________
9167
2025-2026 Regular Sessions
I N A S S E M B L Y
October 17, 2025
___________
Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to allowing discretion
in requiring sex offender registration for persons convicted of
certain sex offenses in other states and to amend the definition of a
sexually violent offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iii) of paragraph (d) of subdivision 2 of
section 168-a of the correction law, as amended by chapter 232 of the
laws of 2008, is amended to read as follows:
(iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18
U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18
U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime
of conviction are substantially the same as those which are a part of
such offense as of the date on which this subparagraph takes effect, OR
(IV) NOTWITHSTANDING ANY OTHER LAW, A PERSON CONVICTED IN ANOTHER JURIS-
DICTION OF AN OFFENSE SIMILAR TO SECTION TWENTY-THREE HUNDRED SEVEN OF
THE PUBLIC HEALTH LAW OR ANY OFFENSE BASED ON EXPOSURE TO A TRANSMISSI-
BLE DISEASE OR VIRUS, OR FORMER SECTION 130.38 OF THE PENAL LAW RELATING
TO CONSENSUAL SODOMY, OR SECTION 230.00 OF THE PENAL LAW, OR FORMER
SECTION 240.37 OF THE PENAL LAW RELATING TO LOITERING FOR THE PURPOSES
OF ENGAGING IN A PROSTITUTION OFFENSE WHO IS REQUIRED TO REGISTER IN THE
JURISDICTION OF CONVICTION SHALL NOT BE REQUIRED TO REGISTER IN NEW YORK
UNLESS THE OUT-OF-STATE OFFENSE, BASED ON THE ELEMENTS OF THE CONVICTION
OFFENSE OR PROVEN OR STIPULATED FACTS IN THE RECORD OF CONVICTION,
CONTAINS ALL OF THE ELEMENTS OF A REGISTERABLE NEW YORK OFFENSE
DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION.
§ 2. Paragraph (b) of subdivision 3 of section 168-a of the correction
law, as amended by chapter 11 of the laws of 2002, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08888-01-5
A. 9167 2
(b) a conviction of an offense in any other jurisdiction which
includes all of the essential elements of any such felony provided for
in paragraph (a) of this subdivision [or conviction of a felony in any
other jurisdiction for which the offender is required to register as a
sex offender in the jurisdiction in which the conviction occurred].
§ 3. Paragraph (a) of subdivision 1 of section 168-d of the correction
law, as amended by chapter 69 of the laws of 2003, is amended to read as
follows:
(a) Except as provided in paragraphs (b) and (c) of this subdivision,
upon conviction of any of the offenses set forth in subdivision two or
three of section one hundred sixty-eight-a of this article the court
shall certify that the person is a sex offender and shall include the
certification in the order of commitment, if any, and judgment of
conviction, except as provided in SUBPARAGRAPH (IV) OF PARAGRAPH (D) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE OR
paragraph (e) of subdivision two of section one hundred sixty-eight-a of
this article. The court shall also advise the sex offender of [his or
her] THEIR duties under this article. Failure to include the certif-
ication in the order of commitment or the judgment of conviction shall
not relieve a sex offender of the obligations imposed by this article.
§ 4. Subdivision 4 of section 168-o of the correction law is renum-
bered subdivision 5 and a new subdivision 4 is added to read as follows:
4. ANY SEX OFFENDER REQUIRED TO REGISTER PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A
OF THIS ARTICLE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION MAY
PETITION THE COURT WHICH MADE THE DETERMINATION REGARDING REGISTRATION
OR THE LEVEL OF NOTIFICATION FOR AN ORDER REMOVING THE REQUIREMENT TO
REGISTER IF SUCH REGISTRATION WAS BASED ON AN OFFENSE DESCRIBED IN
SUBPARAGRAPH (IV) OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE. THE PETITION SHALL SET FORTH THE
REASONS FOR SEEKING SUCH DETERMINATION. THE SEX OFFENDER SHALL BEAR THE
BURDEN OF PROVING THE FACTS SUPPORTING THE REQUESTED LIFTING OF THE
REQUIREMENT BY CLEAR AND CONVINCING EVIDENCE. SUCH A PETITION SHALL NOT
BE CONSIDERED MORE THAN ANNUALLY. IN THE EVENT THAT THE SEX OFFENDER'S
PETITION TO LIFT THE REGISTRATION REQUIREMENT IS GRANTED, THE DISTRICT
ATTORNEY MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE
PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE
CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRE-
SENT THE SEX OFFENDER UPON THE GROUND THAT THE SEX OFFENDER IS FINAN-
CIALLY UNABLE TO RETAIN COUNSEL, SUCH ASSIGNMENT SHALL BE CONTINUED
THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY APPEAL AS A
POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
§ 5. Subdivision 5 of section 168-o of the correction law, as added by
chapter 453 of the laws of 1999 and as renumbered by section four of
this act, is amended to read as follows:
5. Upon receipt of a petition submitted pursuant to subdivision one,
two [or], three, OR FOUR of this section, the court shall forward a copy
of the petition to the board and request an updated recommendation
pertaining to the sex offender and shall provide a copy of the petition
to the other party. The court shall also advise the sex offender that
[he or she has] THEY HAVE the right to be represented by counsel at the
hearing and counsel will be appointed if [he or she is] THEY ARE finan-
cially unable to retain counsel. A returnable form shall be enclosed in
the court's notice to the sex offender on which the sex offender may
apply for assignment of counsel. If the sex offender applies for
assignment of counsel and the court finds that the offender is finan-
A. 9167 3
cially unable to retain counsel, the court shall assign counsel to
represent the offender, pursuant to article eighteen-B of the county
law. Where the petition was filed by a district attorney, at least thir-
ty days prior to making an updated recommendation the board shall notify
the sex offender and [his or her] THEIR counsel that the offender's case
is under review and [he or she is] THEY ARE permitted to submit to the
board any information relevant to the review. The board's updated
recommendation on the sex offender shall be confidential and shall not
be available for public inspection. After receiving an updated recommen-
dation from the board concerning a sex offender, the court shall, at
least thirty days prior to ruling upon the petition, provide a copy of
the updated recommendation to the sex offender, the sex offender's coun-
sel and the district attorney and notify them, in writing, of the date
set by the court for a hearing on the petition. After reviewing the
recommendation received from the board and any relevant materials and
evidence submitted by the sex offender and the district attorney, the
court may grant or deny the petition. The court may also consult with
the victim prior to making a determination on the petition. The court
shall render an order setting forth its determination, and the findings
of fact and conclusions of law on which the determination is based. If
the petition is granted, it shall be the obligation of the court to
submit a copy of its order to the division. Upon application of either
party, the court shall seal any portion of the court file or record
which contains material that is confidential under any state or federal
statute.
§ 6. Subdivision 5 of section 168-n of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
5. Upon the reversal of a conviction of a sexual offense defined in
paragraphs (a) and (b) of subdivision two or three of section one
hundred sixty-eight-a of this article, OR A DETERMINATION TO LIFT THE
REGISTRATION REQUIREMENT MADE PURSUANT TO SUBDIVISION FOUR OF SECTION
ONE HUNDRED SIXTY-EIGHT-O OF THIS ARTICLE, the appellate court shall
remand the case to the lower court for entry of an order directing the
expungement of any records required to be kept herein.
§ 7. This act shall take effect immediately.