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

                                   406

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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 level three desig-
  nation for certain sex offenders

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

  Section  1. The opening paragraph of paragraph (c) of subdivision 6 of
section 168-l of the correction law, as separately amended  by  chapters
318 and 680 of the laws of 2005, is amended to read as follows:
  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.  IF THE SEX OFFENDER HAS A CONVICTION OF OR A  CONVICTION  FOR
AN  ATTEMPT TO COMMIT AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY
OR TWO HUNDRED SIXTY-THREE OR SECTION 135.25,  230.06,  230.32,  255.25,
255.26  OR  255.27  OF THE PENAL LAW AND WHERE THE VICTIM OF THE RELATED
OFFENSE IS LESS THAN ELEVEN YEARS OLD A LEVEL THREE DESIGNATION SHALL BE
GIVEN TO SUCH SEX OFFENDER. In [such] EITHER 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 offen-
der, exact address, address of the offender's place of employment, back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion 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 receiv-

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

                                                           LBD03500-01-9

S. 406                              2

ing information on a sex offender may disclose  or  further  disseminate
such  information  at  its  discretion. In addition[, in such case,] the
information described [herein] IN THIS PARAGRAPH 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.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.