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

                                  4776

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 the registration of
  sex offenders

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

  Section  1.  Subdivision  6 of section 168-b of the correction law, as
amended by chapter 106 of the laws  of  2006,  is  amended  to  read  as
follows:
  6. The division shall also establish a [subdirectory] DIRECTORY pursu-
ant to section one hundred sixty-eight-q of this article.
  S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraph (a) as amended by chapter 106 of the laws
of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
paragraph (c) as separately amended by chapters 318 and 680 of the  laws
of 2005, are amended to read as follows:
  (a)  If  the  risk  of  repeat offense is low, a level one 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  may
include  a  photograph  and  description  of  the offender and which may
include the name of the sex offender, approximate address based  on  sex
offender's  zip  code,  background  information including the 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  the
description of special conditions imposed on the offender to any  entity
with vulnerable populations related to the nature of the offense commit-
ted  by  such  sex  offender.  Any entity receiving information on a sex

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09583-01-5
              

S. 4776                             2

offender may disclose or further disseminate  such  information  at  its
discretion.  IN  ADDITION, IN EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
DER, A PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS  BASED  ON
THE  SEX  OFFENDER'S  ZIP  CODE  SHALL ALSO BE PROVIDED IN THE DIRECTORY
ESTABLISHED IN THIS ARTICLE.
  (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  and  description  of  the offender and which may
include the exact name and any aliases used by the sex  offender,  exact
address,  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] IN THIS PARA-
GRAPH shall also be provided in the [subdirectory] DIRECTORY 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-
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
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  [here-
in]  IN  THIS  PARAGRAPH  shall  also  be provided in the [subdirectory]
DIRECTORY established in this  article  and  notwithstanding  any  other
provision  of  law, such information shall, upon request, be made avail-
able to the public.

S. 4776                             3

  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 3. Section 168-q of the correction law, as added by chapter  192  of
the  laws  of 1995, the section heading as amended by chapter 106 of the
laws of 2006, subdivision 1 as amended by chapter 462  of  the  laws  of
2014, is amended to read as follows:
  S  168-q. [Subdirectory] DIRECTORY; internet posting.  1. The division
shall maintain a [subdirectory of level two and three] DIRECTORY OF  sex
offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
  (A)  IN  THE  CASE  OF  A  SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL ONE
DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE  SEX
OFFENDER'S ZIP CODE.
  (B)  IN  THE  CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL TWO OR
THREE DESIGNATION,  THE  DIRECTORY  shall  include  the  exact  address,
address  of the offender's place of employment and photograph of the sex
offender along with the following information, if available: name, phys-
ical description, age and distinctive markings.  Background  information
including  all  of  the sex offender's crimes of conviction that require
him or her to register pursuant to this  article,  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. Such subdirec-
tory  shall be made available at all times on the internet via the divi-
sion homepage. Any person may apply to the division to receive automated
e-mail notifications whenever a new or updated subdirectory registration
occurs in a geographic area specified by such person. The division shall
furnish such service at no charge to  such  person,  who  shall  request
e-mail  notification  by  county  and/or zip code on forms developed and
provided by the  division.  E-mail  notification  is  limited  to  three
geographic areas per e-mail account.]
  (C)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA
ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
WHO MOVES INTO THE PERSON'S ZIP CODE.  SUCH  NOTICE  SHALL  INCLUDE  ALL
INFORMATION  AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
  2. Any person who uses information disclosed pursuant to this  section
in  violation  of the law shall in addition to any other penalty or fine
imposed, be subject to a fine of not less than five hundred dollars  and
not more than one thousand dollars. [Unauthorized removal or duplication
of  the  subdirectory  from the offices of local, village or city police

S. 4776                             4

department shall be punishable by a fine  not  to  exceed  one  thousand
dollars.]  In  addition, the attorney general, any district attorney, or
any person aggrieved is authorized to bring a civil action in the appro-
priate  court requesting preventive relief, including an application for
a permanent or temporary injunction, restraining order, or  other  order
against  the person or group of persons responsible for such action. The
foregoing remedies shall be independent of any other remedies or  proce-
dures that may be available to an aggrieved party under other provisions
of law.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.