S T A T E   O F   N E W   Y O R K
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                                  5263

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, JOHN, KOON, SPANO -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation to the  registration  of
  sex  offenders;  and repealing certain provisions of such law relating
  thereto

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

  Section  1.  Paragraph  (b)  of  subdivision 1 of section 168-b of the
correction law, as amended by section 1 of part O of chapter 56  of  the
laws of 2005, is amended to read as follows:
  (b)  A  photograph,  INCLUDING  THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF
KNOWN, and set of fingerprints. For a sex offender given a  level  three
designation,  the  division  shall,  during  the period of registration,
update such photograph once each year. For a sex offender given a  level
one  or  level two designation, the division shall, during the period of
registration, update such photograph once every three years.  The  divi-
sion  shall notify the sex offender by mail of the duty to appear and be
photographed at the specified law enforcement  agency  having  jurisdic-
tion.  Such  notification  shall  be mailed at least thirty days and not
more than sixty days before the  photograph  is  required  to  be  taken
pursuant to subdivision two of section one hundred sixty-eight-f of this
article.
  S  2.  Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of
the correction law are REPEALED and a new paragraph (b-2)  is  added  to
read as follows:
  (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
SEX  OFFENDER'S  INITIAL  REGISTRATION  DATE,  THE  SEX  OFFENDER  SHALL
PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  FOR
THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH  THE  SEX  OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05856-01-9
              

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FACILITY, HOSPITAL OR INSTITUTION AND SHALL  IMMEDIATELY  RECOMMENCE  ON
THE DATE OF THE SEX OFFENDER'S RELEASE.
  S  3.  Paragraph  (c-1)  of  subdivision  2  of  section  168-f of the
correction law, as added by section 2 of part O of  chapter  56  of  the
laws of 2005, is amended to read as follows:
  (c-1)  If  the  sex  offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph [b] (B) of  subdivision  one
of   section  one  hundred  sixty-eight-b  of  this  article,  fails  to
personally appear at the law enforcement agency having jurisdiction,  as
provided  in  paragraph  (b-2)  [or  (b-3)]  of this subdivision, within
[twenty] THIRTY days of the anniversary of the  sex  offender's  initial
registration,  or  an alternate later date scheduled by the law enforce-
ment agency having jurisdiction, he or she shall be in violation of this
section. The duty to personally appear for such updated photograph shall
be temporarily suspended during any period in which the sex offender  is
confined  in  any  hospital  or institution, and such sex offender shall
personally appear for such updated photograph no later than ninety  days
after  release  from such hospital or institution, or an alternate later
date scheduled by the law enforcement agency having jurisdiction.
  S 4. Section 168-j of the correction law is amended by  adding  a  new
subdivision 6 to read as follows:
  6.  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
SEX OFFENDER WHO PERSONALLY  APPEARS  PURSUANT  TO  PARAGRAPH  (B-2)  OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
SHALL  PROMPTLY  FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
  S 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l  of  the
correction  law,  paragraph (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:
  (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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS  TAKEN  IF
KNOWN,  and  description of the offender and which may include the exact
name and any aliases used by the sex offender, approximate 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 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  herein
shall  also  be provided in the subdirectory 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-

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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,
ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, 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 herein
shall also be provided in the subdirectory 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 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 6. Subdivision 1 of section 168-q of the correction law, as  amended
by chapter 106 of the laws of 2006, is amended to read as follows:
  1.  The  division shall maintain a subdirectory of level two and three
sex offenders. The subdirectory shall include the exact address, address
of the  offender's  place  of  employment  and  photograph  of  the  sex
offender,  ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along
with  the  following   information,   if   available:   name,   physical
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
shall  require  that  a person in writing provide their name and address
prior to viewing  the  subdirectory.  Any  information  identifying  the

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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  subdirectory  provided for herein shall be updated
monthly  to maintain its efficiency and usefulness and shall be computer
accessible. Such subdirectory shall be made available at  all  times  on
the internet via the division homepage.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.