S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2477
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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; and to repeal paragraphs (b-2) and (b-3) of subdivision
   2 of section 168-f of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 1 of section 168-b of the
 correction law, as amended by section 1 of part O of chapter 56  of  the
 laws of 2005, is amended to read as follows:
   (b)  A  photograph,  INCLUDING  THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF
 KNOWN, and set of fingerprints. [For a sex offender given a level  three
 designation, the] THE division shall, during the period of registration,
 update such photograph once each year FOR EVERY SEX OFFENDER. [For a sex
 offender given a level one or level two designation, the division shall,
 during  the  period  of  registration, update such photograph once every
 three years.] The division shall notify the sex offender by mail of  the
 duty  to  appear  and  be  photographed at the specified law enforcement
 agency having jurisdiction. Such notification shall be mailed  at  least
 thirty  days  and  not  more  than  sixty  days before the photograph is
 required to be taken pursuant to subdivision two of section one  hundred
 sixty-eight-f of this article.
   §  2.  Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of
 the correction law are REPEALED and a new paragraph (b-2)  is  added  to
 read as follows:
   (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
 SEX  OFFENDER'S  INITIAL  REGISTRATION  DATE,  THE  SEX  OFFENDER  SHALL
 PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  FOR
 THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
 TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04543-01-7

 S. 2477                             2
 
 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.
   §  3.  Paragraph  (c-1)  of  subdivision  2  of  section  168-f of the
 correction law, as added by section 2 of part O of  chapter  56  of  the
 laws of 2005, is amended to read as follows:
   (c-1)  If  the  sex  offender, to whom a notice has been mailed at the
 last reported address pursuant to paragraph [b] (B) of  subdivision  one
 of   section  one  hundred  sixty-eight-b  of  this  article,  fails  to
 personally appear at the law enforcement agency having jurisdiction,  as
 provided  in  paragraph  (b-2)  [or  (b-3)]  of this subdivision, within
 [twenty] THIRTY days of the anniversary of the  sex  offender's  initial
 registration,  or  an alternate later date scheduled by the law enforce-
 ment agency having jurisdiction, he or she shall be in violation of this
 section. The duty to personally appear for such updated photograph shall
 be temporarily suspended during any period in which the sex offender  is
 confined  in  any  hospital  or institution, and such sex offender shall
 personally appear for such updated photograph no later than ninety  days
 after  release  from such hospital or institution, or an alternate later
 date scheduled by the law enforcement agency having jurisdiction.
   § 4. Section 168-j of the correction law is amended by  adding  a  new
 subdivision 6 to read as follows:
   6.  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
 SEX OFFENDER WHO PERSONALLY  APPEARS  PURSUANT  TO  PARAGRAPH  (B-2)  OF
 SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
 SHALL  PROMPTLY  FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
 WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
   § 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l  of  the
 correction  law,  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:
   (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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS  TAKEN  IF
 KNOWN,  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 opera-
 tion, 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 receiv-
 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 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.
   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:

 S. 2477                             3
 
 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,
 ALONG  WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, 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  herein
 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.
   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.
   §  6. Subdivision 1 of section 168-q of the correction law, as amended
 by chapter 462 of the laws of 2014, is amended to read as follows:
   1. The division shall maintain a subdirectory of level two  and  three
 sex offenders. The subdirectory shall include the exact address, address
 of  the  offender's  place  of  employment  and  photograph  of  the sex
 offender, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN,  along
 with   the   following   information,   if   available:  name,  physical
 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  subdirectory
 shall  be  made  available at all times on the internet via the division
 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

 S. 2477                             4

 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.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.