S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8458
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STERN,  LiPETRI, THIELE, PALUMBO, DeSTEFANO,
   ENGLEBRIGHT, SMITH, RAMOS, GARBARINO, FITZPATRICK, RAIA, RA, BRABENEC,
   GIGLIO, MANKTELOW, McDONOUGH, MIKULIN, RAYNOR, REILLY, SCHMITT, SALKA,
   SMULLEN, BYRNES, LAVINE, NORRIS, SAYEGH, B. MILLER, MORINELLO,  BLANK-
   ENBUSH,  ASHBY, FINCH, LAWRENCE, GRIFFIN, D'URSO -- Multi-Sponsored by
   -- M. of A. BARCLAY, HAWLEY -- read once and referred to the Committee
   on Correction
 
 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:
   § 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 DESIGNATED AS A SEXUAL PREDATOR,  SEXUALLY
 VIOLENT  OFFENDER, OR PREDICATE SEX OFFENDER OR 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
   (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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09122-01-9

 A. 8458                             2
 
   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 130.20, 130.25, 130.30,  130.40,  130.45,  130.52,
 130.55  OR 130.60 OF THE PENAL LAW, 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 ANNU-
 ALLY 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 UNLESS  THE
 SEX  OFFENDER  HAS  BEEN  DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT
 OFFENDER OR PREDICATE SEX OFFENDER AND IS REQUIRED TO REGISTER FOR LIFE.
   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.
   §  2. Subdivision 1 of section 168-n of the correction law, as amended
 by chapter 11 of the laws of 2002, is amended to read as follows:
   1. A determination that an offender is  a  sexual  predator,  sexually
 violent  offender,  or  predicate sex offender as defined in subdivision
 seven of section one hundred sixty-eight-a of this article shall be made
 prior to the discharge, parole, release to post-release  supervision  or
 release of such offender by the sentencing court applying the guidelines
 established  in subdivision five of section one hundred sixty-eight-l of
 this article after receiving a recommendation from the board pursuant to
 section one hundred sixty-eight-l of this  article.    THE  COURT  SHALL
 ASSIGN  A SEXUAL PREDATOR DESIGNATION TO A SEX OFFENDER DETERMINED TO BE
 A SEXUAL PREDATOR AS DEFINED IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED
 SIXTY-EIGHT-A OF THIS ARTICLE. THE COURT SHALL ASSIGN A SEXUALLY VIOLENT
 OFFENDER DESIGNATION TO AN OFFENDER  CONVICTED  OF  A  SEXUALLY  VIOLENT
 OFFENSE  AS  DEFINED  IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-
 EIGHT-A OF THIS ARTICLE. THE COURT SHALL ASSIGN A PREDICATE SEX OFFENDER
 DESIGNATION TO A SEX OFFENDER WHO IS A PREDICATE SEX  OFFENDER  PURSUANT
 TO  SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTI-
 CLE.
   § 3. 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 ONE OR level two
 risk, and who has not been designated a sexual predator, or  a  sexually
 violent offender, or a predicate sex offender, who is required to regis-
 ter or verify pursuant to this article and who has been registered for a
 minimum  period  of  thirty 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

 A. 8458                             3
 
 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.
   § 4. Section 168-w of the correction law, as renumbered by chapter 604
 of the laws of 2005, is renumbered section 168-x and a new section 168-w
 is added to read as follows:
   § 168-W. CHILD AND VICTIM SAFETY ZONES. LOCAL OR STATE LAW ENFORCEMENT
 AGENCIES, OR THEIR DESIGNEES MAY MONITOR AND VERIFY REGISTRATION COMPLI-
 ANCE  AND  COUNTIES,  MAY  ENACT BY LOCAL LAW OR RESOLUTION REQUIREMENTS
 FOR: 1. SEX OFFENDERS TO PROVIDE INFORMATION TO LAW ENFORCEMENT OR THEIR
 DESIGNEE TO VERIFY HOME AND EMPLOYMENT ADDRESS WHICH  HAVE  BEEN  REGIS-
 TERED  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE; 2. SEX OFFENDERS
 REGISTERED AS HOMELESS TO PROVIDE A DESCRIPTION OF THEIR LOCATION  EVERY
 TWENTY-FOUR  HOURS  TO LAW ENFORCEMENT OR ITS DESIGNEE IN THAT JURISDIC-
 TION; AND/OR 3. SEX OFFENDER RESIDENCY RESTRICTIONS  FOR  SEX  OFFENDERS
 REQUIRED  TO  REGISTER  PURSUANT TO THIS ARTICLE WHO ARE CLASSIFIED AS A
 LEVEL THREE RISK AND/OR, WHO COMMITTED AN OFFENSE AGAINST A MINOR AND/OR
 WHO HAVE BEEN ASSIGNED A DESIGNATION PURSUANT TO THIS ARTICLE,  PROVIDED
 THAT SUCH RESTRICTIONS:
   (A)  DO  NOT  REQUIRE  A SEX OFFENDER TO LIVE BEYOND ONE THOUSAND FEET
 FROM PUBLIC, PRIVATE AND CHARTER SCHOOLS  FOR  ALL  LEVEL  THREE  REGIS-
 TRANTS,  FOR  REGISTRANTS  WHO COMMITTED AN OFFENSE AGAINST A MINOR, AND
 FOR REGISTRANTS WHO HAVE BEEN ASSIGNED A DESIGNATION  PURSUANT  TO  THIS
 ARTICLE;
   (B)  DO  NOT REQUIRE A SEX OFFENDER TO LIVE BEYOND A QUARTER MILE FROM
 THE WORKPLACE AND RESIDENCE OF ANY REGISTRANT'S VICTIM OR VICTIMS; AND
   (C) DO NOT REQUIRE A SEX OFFENDER WHO CAUSED THE DEATH OF HIS  OR  HER
 VICTIM  TO  LIVE  BEYOND  A QUARTER MILE FROM THE PRIOR RESIDENCE OF THE
 DECEASED VICTIM, IF THE SPOUSE,  CHILD,  STEP  CHILD,  SIBLING,  PARENT,
 GRANDPARENT  OR  GRANDCHILD  OF  THE  VICTIM CONTINUES TO RESIDE AT THAT
 RESIDENCE.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all  sex  offenders  registered  or
 required  to  register  immediately  prior to the effective date of this
 act, or who are required to register on or after such date.