NY State Senate Bill 2025-S7830

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2025	referred to crime victims, crime and correction

2025-S7830 (ACTIVE) - Details

See Assembly Version of this Bill:: A4736
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §168-f, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A6881

2025-S7830 (ACTIVE) - Summary

Provides registration requirements applicable to level three sex offenders and sexual predators who are transient.

2025-S7830 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7830

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the correction law, in relation to registration require-
ments applicable to certain sex offenders who are transient

 
PURPOSE:

This bill would remedy the Sex Offender Registration Act being deemed
unconstitutional as it relates to homeless sex offenders.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 3 of § 168-f of the
correction law to, for this subdivision, define transient as "a person
who has no residence" and residence as "one or more addresses at which a
person regularly resides, regardless of the number of days or night's
spent there, such as a shelter or structure that can be located by
street address, including, but not limited to, houses, apartment build-
ings, motels, hotels, homeless shelters, and recreational and other

vehicles." This subdivision also obligates any person who is required to
register pursuant to this article (the Sex Offender Registration Act)
and who is a transient to:

(i) Register within five days after being released from incarceration,
placement or commitment, or probation unless he or she registered as a
transient within thirty days from the date of their release from incar-
ceration

(ii) Re-register every thirty days after initial registration

(iii) Provide a list of the places he or she steeps, eats, works,
frequents, and engages in leisure activity, in addition to current
information as required by the division of criminal justice services
(DM), however, if he or she changes or adds to the places listed on the
form during the thirty day period, he or she is not required to report
the new place or places until the next required re-registration

(iv) Register with the local law enforcement agency in which he or she
is present or the sheriff of the county, within five working days of
coming into the state if he or she was convicted in another jurisdiction

(v) Register in the jurisdiction in which he or she is physically pres-
ent on the fifth working day following release if he or she is not phys-
ically present in any one jurisdiction for five consecutive working days

(vi) Within five business days of moving out of state inform the local
law enforcement agency where he or she is physically 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 and requires the law enforcement
agency to forward a copy of the change of location to DCJS within three
days who shall then forward the appropriate registration data to the law
enforcement agency having local jurisdiction or the new place of resi-
dence or location.

Section two of the bill provides the effective date.
 
JUSTIFICATION:

On February 2, 2023, the Supreme Court, Appellate Division First Judi-
cial Department found that the part of the Sex Offender Registration Act
(SORA) requiring a sex offender designated as a sexual predator or a
level three sex offender to verify his or her address with the appropri-
ate authorities every ninety days "void for vagueness when applied to
one who is homeless without an address."

The Court stated their holding should not be taken to mean that all
homeless sex offenders were exempt from the statute's reporting require-
ments, but that their decision rendered unconstitutional the address
registration requirement as applied to homeless sex offenders who
possess no address for their residence, specifically mentioning that it
did not exempt homeless sex offenders who were able to provide an
address such as a shelter at which they were staying.

The Court also asserted that it was "uniquely within the legislative
province to develop registration requirements that will apply to sex
offenders who are homeless and without a specific address to report to
the pertinent authorities." This legislation seeks to do just that.
Modeled after California law, this bill would require a homeless person
designated as a sex offender to provide the Division of Criminal Justice
Services (DCJS) a list of places where he or she sleeps, eats, works,
and spends time, every thirty days, regardless of their designation. It
also establishes procedures for when a homeless sex offender enters or
leaves the state or if he or she is not in one jurisdiction for five
consecutive working days.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: A.6881 - Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7830 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7830
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime and 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08249-01-5
 S. 7830                             2

 
   (I)  A  TRANSIENT  SHALL  REGISTER WITHIN FIVE DAYS AFTER RELEASE FROM
 INCARCERATION, PLACEMENT OR COMMITMENT, OR PROBATION UNLESS SUCH  PERSON
 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.

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Senate Bill S7830

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2025-S7830 (ACTIVE) - Details

2025-S7830 (ACTIVE) - Summary

2025-S7830 (ACTIVE) - Sponsor Memo

2025-S7830 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7830

Share this bill

Sponsored By

Jessica Scarcella-Spanton

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2025-S7830 (ACTIVE) - Details

2025-S7830 (ACTIVE) - Summary

2025-S7830 (ACTIVE) - Sponsor Memo

2025-S7830 (ACTIVE) - Bill Text download pdf

Comments