Assembly Bill A3403

2009-2010 Legislative Session

Provides for monitoring persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A3403 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-f & 168-o, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3011
2013-2014: A3695
2015-2016: A5124
2017-2018: A419
2019-2020: A20
2021-2022: A188
2023-2024: A6463

2009-A3403 (ACTIVE) - Summary

Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; period to be determined by court; right to appeal; right to modify or terminate order

2009-A3403 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3403

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. PERRY, SPANO -- Multi-Sponsored by -- M. of A.
  ALFANO, BARRA,  BOYLAND,  CLARK,  COLTON,  EDDINGTON,  FIELDS,  GALEF,
  GUNTHER,  JAFFEE,  JOHN,  KOON,  LATIMER,  LAVINE, LUPARDO, MAYERSOHN,
  MENG, PERALTA, PHEFFER, P. RIVERA, SCHROEDER, SWEENEY,  TITUS,  WRIGHT
  -- read once and referred to the Committee on Correction

AN  ACT to amend the correction law, in relation to tracking certain sex
  offenders with a global positioning system

  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-d of the correction law, as
amended by chapter 11 of the  laws  of  2002,  is  amended  to  read  as
follows:
  3.  For sex offenders released on probation or discharged upon payment
of a fine, conditional discharge or unconditional discharge, it shall be
the duty of the court applying the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article  to  determine
the  level  of  notification  pursuant to subdivision six of section one
hundred sixty-eight-l of this article [and]; whether such  sex  offender
shall  be  designated  a  sexual predator, sexually violent offender, or
predicate sex offender as defined in subdivision seven  of  section  one
hundred  sixty-eight-a  of  this  article; AND, IF SUCH SEX OFFENDER HAS
BEEN CONVICTED OF AN OFFENSE INVOLVING A CHILD AND  DESIGNATED  A  LEVEL
THREE  OFFENDER  AND  A  SEXUAL  PREDATOR OR PREDICATE SEX OFFENDER, THE
PERIOD OF TIME SUCH SEX OFFENDER  SHALL  SUBMIT  TO  GLOBAL  POSITIONING
SYSTEM  MONITORING  AS  PROVIDED  IN  SUBDIVISION THREE-A OF SECTION ONE
HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE.  At least fifteen days  prior  to
the determination proceeding, the district attorney shall provide to the
court  and the sex offender a written statement setting forth the deter-
minations sought by the district attorney together with the reasons  for
seeking  such  determinations. The court shall allow the sex offender to
appear and be heard. The state shall appear by the district attorney, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02104-01-9
              

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