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

                                  4793

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by  M. of A. ALESSI, THIELE -- 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  HE  OR  SHE  ACTUALLY
RESIDES THAT THE UNITED STATES POSTAL SERVICE DOES NOT DELIVER MAIL, BUT
SUCH SEX OFFENDER DOES MAINTAIN A VALID POSTAL BOX TO RECEIVE HIS OR HER
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
FACILITATE THE COLLECTION OF LOCATION INFORMATION, AS WELL AS FACILITATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07839-01-9

              

A. 4793                             2

NOTIFICATIONS, SO LONG AS INFORMATION COLLECTED BY SUCH AGENTS IS  IMME-
DIATELY FORWARDED TO THE SEX OFFENDER REGISTRATION OFFICER.
  S 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.
  S 3. Section 168-b of the correction law is amended by adding two  new
subdivisions 12 and 13 to read as follows:
  12.  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.
  13.  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.
  S  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 HE  OR  SHE  MUST
UPDATE  ANY INFORMATION PREVIOUSLY PROVIDED PURSUANT TO THIS SECTION, AS
WELL AS INFORMATION AS TO WHERE HE OR SHE HAS HABITUALLY  BEEN  SPENDING
THE  NIGHT  AND  ANY FURTHER INFORMATION RELEVANT TO WHERE HE OR SHE 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 DESIGNATED  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 PROCEDURES FOR FACIL-
ITATING REPORTING OF HOMELESS SEX OFFENDERS TO SEX OFFENDER REGISTRATION
OFFICERS, AS WELL AS FOR DISSEMINATING INFORMATION BY  THE  DIVISION  TO
THE  HOMELESS  SEX OFFENDERS THROUGH THE SEX OFFENDER REGISTRATION OFFI-
CER.
  S 5. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 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
first offense, and upon conviction for a second  or  subsequent  offense

A. 4793                             3

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.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.