S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    872
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced by M. of A. SIMOTAS, M. G. MILLER -- Multi-Sponsored by -- M.
   of  A.  CROUCH,  RAIA  --  read  once and referred to the Committee on
   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.
   § 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.
              

                                                            LBD01472-01-9

 A. 872                              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.

 A. 872                              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.
   § 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:
   §  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]  DIRECTORY
 shall  have  sex  offender  listings categorized by county and zip code.
 Such [subdirectory] DIRECTORY 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]  DIRECTORY  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.
   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] DIRECTORY from the offices of  local,  village  or
 city  police  department shall be punishable by a fine not to exceed one
 thousand dollars. In addition, the attorney general, any district attor-
 ney, or any person aggrieved is authorized to bring a  civil  action  in
 the  appropriate court requesting preventive relief, including an appli-
 cation 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  reme-

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 dies  or  procedures  that  may be available to an aggrieved party under
 other provisions of law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.