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

                                  3793

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. GIANARIS, GUNTHER, SPANO -- Multi-Sponsored by --
  M.  of  A.  SCHROEDER  --  read  once and referred to the Committee on
  Correction

AN ACT to amend the correction law, in relation to the  registration  of
  sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 168-b of the  correction  law,  as
amended  by  chapter  106  of  the  laws  of 2006, is amended to read as
follows:
  6. The division shall also establish a [subdirectory] DIRECTORY pursu-
ant to section one hundred sixty-eight-q of this article.
  S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraphs (a) and (b) as amended by chapter 106  of
the laws of 2006 and paragraph (c) as separately amended by chapters 318
and 680 of the laws of 2005, are amended to read as follows:
  (a)  If  the  risk  of  repeat offense is low, a level one designation
shall be given to such sex offender. In such case  the  law  enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies  having  had  jurisdiction at the time of his or her conviction
shall be notified and may disseminate  relevant  information  which  may
include  a  photograph  and  description  of  the offender and which may
include the name of the sex offender, approximate address based  on  sex
offender's  zip  code,  background  information including the offender's
crime of conviction, modus of operation, type of  victim  targeted,  the
name and address of any institution of higher education at which the sex
offender   is   enrolled,  attends,  is  employed  or  resides  and  the
description of special conditions imposed on the offender to any  entity
with vulnerable populations related to the nature of the offense commit-
ted  by  such  sex  offender.  Any entity receiving information on a sex
offender may disclose or further disseminate  such  information  at  its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03414-01-9
              

A. 3793                             2

discretion.  IN  ADDITION, IN EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
DER, A PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS  BASED  ON
THE  SEX  OFFENDER'S  ZIP  CODE  SHALL ALSO BE PROVIDED IN THE DIRECTORY
ESTABLISHED IN THIS ARTICLE.
  (b) If the risk of repeat offense is moderate, a level two designation
shall  be  given  to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his  or  her  conviction
shall  be  notified and may disseminate relevant information which shall
include a photograph and description  of  the  offender  and  which  may
include the exact name and any aliases used by the sex offender, approx-
imate  address  based on sex offender's zip code, background information
including the offender's crime of conviction, mode of operation, type of
victim targeted, the name and  address  of  any  institution  of  higher
education at which the sex offender is enrolled, attends, is employed or
resides  and the description of special conditions imposed on the offen-
der to any entity with vulnerable populations related to the  nature  of
the  offense committed by such sex offender. Any entity receiving infor-
mation on a sex offender may disclose or further disseminate such infor-
mation at its discretion. In addition, in  such  case,  the  information
described  [herein]  IN  THIS  PARAGRAPH  shall  also be provided in the
[subdirectory] DIRECTORY established in this article and notwithstanding
any other provision of law, such information  shall,  upon  request,  be
made available to the public.
  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such  information  on level two sex offenders pursuant to
this paragraph. Such listing  shall  include  and  not  be  limited  to:
superintendents  of  schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private  school
bus  transportation  companies,  day care centers, nursery schools, pre-
schools, neighborhood watch groups,  community  centers,  civic  associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  (c) If the risk of repeat offense is high and there exists a threat to
the  public  safety a level three designation shall be given to such sex
offender. In such case, the law enforcement agency  or  agencies  having
jurisdiction  and  the  law  enforcement  agency  or agencies having had
jurisdiction at the time of his or her conviction shall be notified  and
may  disseminate  relevant  information which shall include a photograph
and description of the offender and which may include the sex offender's
exact name and any aliases used by the offender, exact address,  address
of  the offender's place of employment, background information including
the offender's crime of conviction, mode of operation,  type  of  victim
targeted, the name and address of any institution of higher education at
which  the sex offender is enrolled, attends, is employed or resides and
the description of special conditions imposed on  the  offender  to  any
entity  with vulnerable populations related to the nature of the offense
committed by such sex offender. Any entity receiving  information  on  a
sex offender may disclose or further disseminate such information at its
discretion.  In addition, in such case, the information described [here-
in] IN THIS PARAGRAPH shall  also  be  provided  in  the  [subdirectory]
DIRECTORY  established  in  this  article  and notwithstanding any other
provision of law, such information shall, upon request, be  made  avail-
able to the public.

A. 3793                             3

  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such information on level three sex offenders pursuant to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  S 3. Section 168-q of the correction law, as added by chapter  192  of
the  laws  of  1995, the section heading and subdivision 1 as amended by
chapter 106 of the laws of 2006, is amended to read as follows:
  S 168-q.  [Subdirectory] DIRECTORY; internet posting.  1. The division
shall maintain a [subdirectory of level two and three] DIRECTORY OF  sex
offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
  (A)  IN  THE  CASE  OF  A  SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL ONE
DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE  SEX
OFFENDER'S ZIP CODE.
  (B)  IN  THE  CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL TWO OR
THREE DESIGNATION,  THE  DIRECTORY  shall  include  the  exact  address,
address  of the offender's place of employment and photograph of the sex
offender along with the following information, if available: name, phys-
ical description, age and distinctive markings.  Background  information
including  the  sex  offender's crime of conviction, modus of operation,
type of victim targeted, the name and  address  of  any  institution  of
higher  education  at  which  the  sex offender is enrolled, attends, is
employed or resides and a description of special conditions  imposed  on
the  sex  offender  shall also be included. [The subdirectory shall have
sex offender listings categorized by county and zip code. A copy of  the
subdirectory  shall  annually  be  distributed  to  the offices of local
village, town, city,  county  or  state  law  enforcement  agencies  for
purposes of public access. The division shall distribute monthly updates
to  the  offices  of  local  village,  town,  city,  county or state law
enforcement agencies for purposes of public access. Such departments]
  (C) THE DIVISION shall require that  a  person  [in  writing]  provide
[their]  HIS OR HER name and address prior to viewing the [subdirectory]
DIRECTORY. Any information identifying the victim by name,  birth  date,
address  or  relation  to  the  sex  offender shall be excluded from the
[subdirectory distributed for purposes of public access. The subdirecto-
ry provided for herein shall be updated monthly to  maintain  its  effi-
ciency and usefulness and shall be computer accessible. Such subdirecto-
ry shall be made available at all times on the internet via the division
homepage] DIRECTORY.
  (D)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA
ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
WHO MOVES INTO THE PERSON'S ZIP CODE.  SUCH  NOTICE  SHALL  INCLUDE  ALL
INFORMATION  AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.

A. 3793                             4

  2. Any person who uses information disclosed pursuant to this  section
in  violation  of the law shall in addition to any other penalty or fine
imposed, be subject to a fine of not less than five hundred dollars  and
not more than one thousand dollars. [Unauthorized removal or duplication
of  the  subdirectory  from the offices of local, village or city police
department shall be punishable by a fine  not  to  exceed  one  thousand
dollars.]  In  addition, the attorney general, any district attorney, or
any person aggrieved is authorized to bring a civil action in the appro-
priate court requesting preventive relief, including an application  for
a  permanent  or temporary injunction, restraining order, or other order
against the person or group of persons responsible for such action.  The
foregoing  remedies shall be independent of any other remedies or proce-
dures that may be available to an aggrieved party under other provisions
of law.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.