NY State Senate Bill 2011-S4742

Senate Bill S4742

2011-2012 Legislative Session

Requires New York state drivers licenses to indicate if the licensee is a registered sex offender under Megan's Law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2012	reported and committed to finance
Mar 22, 2012	print number 4742a
Mar 22, 2012	amend and recommit to crime victims, crime and correction
Jan 04, 2012	referred to crime victims, crime and correction
Apr 18, 2011	referred to crime victims, crime and correction

Votes

- Apr 18, 2012 - Crime Victims, Crime And Correction Committee Vote
  S4742
  
  10
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 18, 2012
      
      aye (10)
      
      DeFrancisco
      
      Espaillat
      
      Gallivan
      
      Griffo
      
      Kennedy
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Ritchie
      
      nay (2)
      
      Montgomery
      
      Rivera
      
      aye wr (2)
      
      Hassell-Thompson
      
      Peralta

Bill Amendments

Original

A (Active)

2011-S4742 - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-d, 168-f & 168-l, Cor L; amd §507, V & T L

2011-S4742 - Summary

Requires New York State drivers licenses to indicate if the licensee is a registered sex offender under Megan's Law, the "Sex Offender Registration Act"; makes additional changes regarding registration obligations and distribution of information.

2011-S4742 - Sponsor Memo

                                BILL NUMBER:S4742

TITLE OF BILL:
An act
to amend the correction law and
the vehicle and traffic law, in relation to identifying
registered sex offenders

PURPOSE:
To require that certain sex offenders have their driver's license
altered to reflect their criminal status and to create a statewide
motor vehicle registry of sex offenders.

SUMMARY OF PROVISIONS:
Amends the Correction Law to inform the Commissioner of Motor Vehicles
as to the identification of registered sex offenders and requires the
court to take possession of the driver's license, issue a temporary
license and direct that person to the Department of Motor Vehicles for
a replacement license.

Amends the Correction Law to require sexually violent predators to
register with the Department of Motor Vehicles as to create a
statewide registry of sex offenders, and to register with the local
police department or state police department if no local authority is
available.

Amends the Correction Law to require local authorities, or state
police if no local agency exists, to notify residents within a 200
foot radius when a level three sex offender moves into their
neighborhood.

Amends the Vehicle and Traffic Law by identifying sex offenders on
their driver's license through the use of a lettered code designated
by the department.

JUSTIFICATION:
This legislation is aimed at protecting victims of sex offenders. Sex
offenders have one of the highest rates of criminal recidivism.
Statistics from the U.S. Department of Justice show that 15 to 20% of
treated and paroled sex offenders commit another sex offense within 3
years of release. This legislation is a compliment to Megan's Law,
yet takes the realm of protection
one step further. Since sex offenders may move from state to state,
they avoid registering their status. The man convicted of murdering
Megan Kanka had been twice convicted of child molestation before
moving to Megan's New Jersey neighborhood. This bill would allow
other states to identify sex offenders by their driver's license. In
addition, when a person applies for a license in another state, the
indication on the license will alert the Department of Motor Vehicles
as to their sex offender status. This will compel the person to
register with that state's "Sex Offender Register." It would also
alert police when checking the identification of a suspicious person
lurking near a school, park, etc.

LEGISLATIVE HISTORY:
2009: A.2139


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have
become a law.

2011-S4742 - Bill Text download pdf

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

                                  4742

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- 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 and the vehicle and traffic law, in
  relation to identifying registered sex offenders

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

  Section  1. Section 168-b of the correction law is amended by adding a
new subdivision 13 to read as follows:
  13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX
OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI-
CLES IN ORDER TO COMPLY WITH THE  PROVISIONS  OF  SECTION  FIVE  HUNDRED
SEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S  2.  Section  168-d of the correction law is amended by adding a new
subdivision 5 to read as follows:
  5. UPON A CONVICTION AS A SEX OFFENDER PURSUANT TO THIS  ARTICLE,  THE
COURT  SHALL TAKE POSSESSION OF THE DRIVER'S LICENSE AND SHALL TENDER TO
THE PERSON BEING SENTENCED A  TEMPORARY  LICENSE,  DIRECTING  THAT  SUCH
PERSON  REPORT  TO  THE  DEPARTMENT  OF MOTOR VEHICLES FOR A REPLACEMENT
DRIVER'S LICENSE IN ACCORDANCE WITH  SUBDIVISION  SIX  OF  SECTION  FIVE
HUNDRED  SEVEN  OF  THE  VEHICLE  AND  TRAFFIC  LAW. UPON A PERSON BEING
REMOVED FROM THE REGISTRATION REQUIREMENT, THE DEPARTMENT OF MOTOR VEHI-
CLES SHALL ISSUE A LICENSE WITHOUT THE SEX OFFENDER  CODE  PRINTED  UPON
THE LICENSE AT NO CHARGE.
  S  3. Subdivision 3 of section 168-f of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  3. The provisions of subdivision two of this section shall be  applied
to  a  sex  offender required to register under this article except that
such sex offender designated as a sexual predator or having been given a
level three designation must personally verify his or her  address  with
the  local  law enforcement agency, OR WITH THE STATE POLICE IF THERE BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09722-01-1

S. 4742                             2

NO LOCAL LAW ENFORCEMENT AGENCY, every ninety calendar  days  after  the
date  of  release or commencement of parole or post-release supervision,
or probation, or release on payment of a fine, conditional discharge  or
unconditional  discharge.  The duty to personally verify shall be tempo-
rarily suspended during any period in which the sex offender is confined
to any state or local correctional facility, hospital or institution and
shall immediately recommence on the date of the sex offender's release.
  S 4. Section 168-l of the correction law is amended by  adding  a  new
subdivision 6-a to read as follows:
  6-A. SEX OFFENDERS DESIGNATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIREMENTS OF THIS
ARTICLE, REGISTER WITH THE DEPARTMENT OF MOTOR VEHICLES. STATE AND LOCAL
LAW  ENFORCEMENT  AGENCIES  SHALL  SHARE  ALL INFORMATION REGARDING SUCH
OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS  SHALL  BE  NOTIFIED  BY  THE
APPROPRIATE  LAW  ENFORCEMENT AGENCY OF THE SEX OFFENDER'S PRESENCE. ANY
RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF THE SEX OFFENDER'S RESI-
DENCE SHALL BE DEEMED A NEIGHBOR.
  S 5. Section 507 of the vehicle and traffic law is amended  by  adding
two new subdivisions 6 and 7 to read as follows:
  6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL
REQUIRE  THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON REGISTERED
AS A SEX OFFENDER WITH  THE  DEPARTMENT  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE
CORRECTION LAW, BEAR A LETTERED CODE DESIGNATED BY  THE  DEPARTMENT,  TO
IDENTIFY SUCH PERSON AS A CONVICTED SEX OFFENDER. THE COMMISSIONER SHALL
CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE.
  7. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED
CONTAINING THE REGISTRATION INFORMATION GATHERED PURSUANT TO SUBDIVISION
SIX  OF THIS SECTION. SUCH DATABASE SHALL BE MADE AVAILABLE TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

co-Sponsors

2011-S4742A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-d, 168-f & 168-l, Cor L; amd §507, V & T L

2011-S4742A (ACTIVE) - Summary

2011-S4742A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4742A

TITLE OF BILL:
An act to amend the correction law and the vehicle and traffic law, in
relation to identifying registered sex offenders

PURPOSE:
To require that certain sex offenders have their driver's license
altered to reflect their criminal status and to create a statewide
motor vehicle registry of sex offenders.

SUMMARY OF PROVISIONS:
Section 1 amends the Correction Law by adding a new subdivision 13 to
make information available to the Commissioner of Motor Vehicles to
aid in the identification of registered sex offenders.

Section 2 amends the Vehicle and Traffic Law by identifying sex
offenders on their driver's license through the use of a lettered code
designated by the department. The Commissioner shall charge a
twenty-five dollar fee for the replacement license. The commissioner
will cause a statewide database to be established containing
registration information gathered on sex offenders and make this
information available to state and local law enforcement agencies upon
request.

JUSTIFICATION:

This legislation is aimed at protecting victims of sex offenders. Sex
offenders have one of the highest rates of criminal recidivism.
Statistics from the U.S. Department of Justice show that 15 to 20% of
treated and paroled sex offenders commit another sex offense within 3
years of release. This legislation is a compliment to Megan's Law, yet
takes the realm of protection one step further. Since sex offenders
may move from state to state, they avoid registering their status.
The man convicted of murdering Megan Kanka had been twice convicted of
child molestation before moving to Megan's New Jersey neighborhood.
This bill would allow other states to identify sex offenders by their
driver's license. In addition, when a person applies for a license in
another state, the indication on the license will alert the Department
of Motor Vehicles as to their sex offender status. This will compel
the person to register with that state's "Sex Offender Register." It
would also alert police when checking the identification of a
suspicious person lurking near a school, park, etc.

LEGISLATIVE HISTORY:
2011 - 4742

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have
become a law.

2011-S4742A (ACTIVE) - Bill Text download pdf

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

                                 4742--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law and the vehicle and traffic  law,  in
  relation to identifying registered sex offenders

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

  Section 1. Section 168-b of the correction law is amended by adding  a
new subdivision 13 to read as follows:
  13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX
OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI-
CLES  IN  ORDER  TO  COMPLY  WITH THE PROVISIONS OF SECTION FIVE HUNDRED
SEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 2. Section 507 of the vehicle and traffic law is amended  by  adding
two new subdivisions 6 and 7 to read as follows:
  6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL
REQUIRE  THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON REGISTERED
AS A SEX OFFENDER WITH  THE  DEPARTMENT  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE
CORRECTION LAW, BEAR A LETTERED CODE DESIGNATED BY  THE  DEPARTMENT,  TO
IDENTIFY SUCH PERSON AS A CONVICTED SEX OFFENDER. THE COMMISSIONER SHALL
CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE.
  7. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED
CONTAINING THE REGISTRATION INFORMATION GATHERED PURSUANT TO SUBDIVISION
SIX  OF THIS SECTION. SUCH DATABASE SHALL BE MADE AVAILABLE TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09722-02-2

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