S T A T E   O F   N E W   Y O R K
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                                 8503--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. MURRAY, RA, CURRAN, ENGLEBRIGHT, TEDISCO, McKEV-
  ITT, JAFFEE, HAWLEY, GARBARINO, DUPREY, GRAF, BRABENEC, RAIA,  CROUCH,
  OAKS,  GIGLIO,  LUPINACCI,  McLAUGHLIN,  STEC,  MALLIOTAKIS, SALADINO,
  PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, KEARNS, THIELE --
  read once and referred to the Committee on Correction  --  recommitted
  to  the  Committee  on  Correction in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the correction law, in relation to sex offender regis-
  tration and residency restrictions

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

  Section  1. Section 168-h of the correction law, as amended by chapter
11 of the laws of 2002, and subdivisions 1 and 2 as amended by chapter 1
of the laws of 2006, is amended to read as follows:
  S 168-h. Duration of registration and verification. 1. The duration of
registration and verification for a sex offender who has not been desig-
nated a sexual predator, or a sexually violent offender, or a  predicate
sex  offender, and who is classified as a level one risk, or who has not
yet received a risk level classification, shall be annually for a period
of twenty years from the initial date of registration.
  2. NOTWITHSTANDING THE FOREGOING, A SEX OFFENDER WHO IS CLASSIFIED  AS
A  LEVEL ONE RISK AND HAS BEEN CONVICTED OF OR HAS BEEN CONVICTED FOR AN
ATTEMPT TO COMMIT:
  (I) ANY OF THE PROVISIONS OF SECTION 120.70, 130.35,  130.50,  130.53,
130.65,  130.65-A,  130.66,  130.67,  130.70,  130.75,  130.80,  130.90,
130.91, 130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06,  230.32,
250.50, 255.27, 263.10, 263.15 OR 263.30 OF THE PENAL LAW;
  (II)  ANY OF THE PROVISIONS OF SECTION 2251, 2251A, 2252, 2252A, 2260,
2422, 2423 OR 2425 OF TITLE 18 OF THE UNITED STATES CODE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11987-02-6

              

A. 8503--A                          2

  (III) HAS BEEN CONVICTED OF ANY  OFFENSE  IN  ANY  OTHER  JURISDICTION
WHICH  INCLUDES  ALL  OF  THE ESSENTIAL ELEMENTS OF ANY OF THE FOREGOING
CRIMES IN THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE.
  3.  A  SEX OFFENDER WHO IS CLASSIFIED AS A LEVEL ONE RISK AND HAS BEEN
CONVICTED OF OR HAS BEEN CONVICTED FOR AN ATTEMPT TO COMMIT ANY  OF  THE
PROVISIONS  OF SECTION 130.25, 130.30, 130.40, 130.45, 130.55 OR 130.60,
OR HAS BEEN CONVICTED OF ANY OFFENSE IN  ANY  OTHER  JURISDICTION  WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOREGOING CRIMES IN
THIS SUBDIVISION, SHALL REGISTER ANNUALLY FOR LIFE UNLESS AT THE TIME OF
THE ACT, THE DEFENDANT WAS LESS THAN TWENTY-ONE YEARS OLD, IN WHICH CASE
REGISTRATION  SHALL  BE  ANNUALLY  FOR A PERIOD OF TWENTY YEARS FROM THE
INITIAL DATE OF REGISTRATION.
  4. The duration of registration and verification for  a  sex  offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al  predator,  or a sexually violent offender, or a predicate sex offen-
der, or who is classified as a level two or level three risk,  shall  be
annually  for life. Notwithstanding the foregoing, a sex offender who is
classified as a LEVEL ONE OR level two risk and who is not designated  a
sexual  predator,  a sexually violent offender or a predicate sex offen-
der, may be relieved of the duty to register and verify AFTER A  MINIMUM
PERIOD OF THIRTY YEARS OF REGISTRATION as provided by subdivision one of
section one hundred sixty-eight-o of this article.
  [3.]  5. Any sex offender having been designated a level three risk or
a sexual predator shall also personally verify his or her address  every
ninety calendar days with the local law enforcement agency having juris-
diction where the offender resides.
  S  2. Subdivision 1 of section 168-o of the correction law, as amended
by chapter 1 of the laws of 2006, is amended to read as follows:
  1. Any sex offender who is classified as a [level two] LEVEL ONE risk,
and who has not been designated a sexual predator, or a sexually violent
offender, or a predicate sex offender, who is required  to  register  or
verify  pursuant to this article and who has been registered for a mini-
mum period of [thirty] TWENTY years may be relieved of any further  duty
to register upon the granting of a petition for relief by the sentencing
court or by the court which made the determination regarding duration of
registration  and level of notification. The sex offender shall bear the
burden of proving by clear and convincing evidence that his or her  risk
of  repeat offense and threat to public safety is such that registration
or verification is no longer necessary. Such petition, if granted, shall
not relieve the petitioner of the duty  to  register  pursuant  to  this
article  upon  conviction  of  any offense requiring registration in the
future. Such a petition shall not be considered more than once every two
years. In the event that the  sex  offender's  petition  for  relief  is
granted,  the  district  attorney  may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  S 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S 168-W. CHILD AND VICTIM SAFETY ZONES.  COUNTIES  SHALL  MONITOR  AND
VERIFY  REGISTRATION COMPLIANCE AND MAY ENACT BY LOCAL LAW OR RESOLUTION

A. 8503--A                          3

SEX OFFENDER RESIDENCY RESTRICTIONS FOR SEX OFFENDERS REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH RESTRICTIONS:
  1. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND ONE THOUSAND FEET FROM
PUBLIC, PRIVATE AND CHARTER SCHOOLS FOR ALL LEVEL THREE REGISTRANTS, FOR
REGISTRANTS  WHO  COMMITTED  AN  OFFENSE AGAINST A MINOR, AND FOR REGIS-
TRANTS WHO HAVE BEEN ASSIGNED A DESIGNATION PURSUANT TO THIS ARTICLE.
  2. DO NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND A  QUARTER  MILE  FROM
THE WORKPLACE AND RESIDENCE OF ANY REGISTRANT'S VICTIM OR VICTIMS.
  3.  DO  NOT  REQUIRE A SEX OFFENDER TO LIVE BEYOND A QUARTER MILE FROM
THE RESIDENCE OF A DECEASED VICTIM, IF THE FAMILY OF THE VICTIM  CONTIN-
UES TO RESIDE AT THAT RESIDENCE.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.