BILL NUMBER:  S5068

 TITLE OF BILL :  An act to amend the correction law, in relation to
the definition of a "sex offense"

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Criminal Law and Procedure.

This measure would amend section 168-a of the Correction Law to
clarify that a defendant convicted of a sexually motivated felony will
be considered a "sex offender" for purposes of the Sex Offender
Registration Act (SORA)(Correction Law Article 6-C).

In 2007, when the Legislature enacted the Sex Offender Management and
Treatment Act (SOMTA), it created a new class of crime denominated a
"sexually motivated felony" (L. 2007, c. 7). A person is guilty of a
sexually motivated felony when he or she commits a specified felony
offense "for the purpose, in whole or substantial part, of his or her
own direct sexual gratification." Specified offenses include several
felonies whose definitions do not include a sexual component, such as
burglary, assault and robbery, but whose commission may be "in whole
or substantial part" for sexual gratification. If convicted under
section 130.91 of the Penal Law, the offender is subjected both to
stiffer penalties and possible civil commitment under the sex offender
management and treatment act. Additionally, the offender is subject to
              

registration as a sex offender under SORA.

However, as it currently reads, SORA does not include all offenders
convicted of a sexually motivated felony. When it modified section
168-a of the Correction Law in 2007, the Legislature inserted crimes
denominated a sexually motivated felony within subparagraph (iii) of
paragraph (a) of subdivision two. That subparagraph, which references
hate crimes and crimes of terrorism, does not automatically make all
sexually motivated felonies subject to SORA. Instead, crimes within
that subparagraph require as a necessary precondition for coming with
SORA, a conviction of one of the sex-related offenses defined in
subparagraphs (i) or (ii) of paragraph (a) of subdivision two. As a
result, convictions for non-sex related specified offenses - such as
burglary, robbery and assault - do not qualify under for registration
under SORA, even when the crime was determined to be "sexually
motivated."

Many "sexually motivated" felonies which are not now subject to SORA
include violent, sexually-motivated criminal conduct arguably far more
serious than many sex offenses including sex offense misdemeanors -
that are currently subject to SORA registration.  The Sex Offender
Registration Act is an important component of New York's comprehensive
approach to protecting the public against sex offenders, through
confinement in appropriate cases, community supervision, registration,
community notification and sex offender treatment. We believe the
proposed amendment would strengthen that protective regimen in .a
manner that is fully consistent with New York's carefully considered
approach to regulating sex offenders in the community.

This measure adds to the list of offenses defined as a "sex offense"
under subparagraph (i) of paragraph (a) of subdivision two of section
106-a of the Correction Law any conviction for a sexually motivated
felony under section 130.91 of the Penal Law. The measure deletes the
current reference to sexually motivated felonies under section 130.91
in subparagraph (iii) of paragraph (a) of subdivision two of section
106-a of the Correction Law.

The measure, which would have no fiscal impact on the State, would
take effect ninety days after it becomes a law.

 LEGISLATIVE HISTORY :

None. New proposal.