NY State Senate Bill 2019-S3029

Senate Bill S3029

2019-2020 Legislative Session

Expands the amount of information available about registered sex offenders on the division of criminal justice services website

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 31, 2019	referred to crime victims, crime and correction

2019-S3029 (ACTIVE) - Details

See Assembly Version of this Bill:: A872
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-l & 168-q, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1488, A3793
2011-2012: S2005, A4871
2013-2014: S2017, A2649
2015-2016: S4776, A6019
2017-2018: S962, A5113

2019-S3029 (ACTIVE) - Summary

Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders.

2019-S3029 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3029

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the correction law, in relation to the registration of
sex offenders

 
PURPOSE:

To make information about all registered sex offenders available on the
Division of Criminal Justice Services home page; to provide for regis-
tration of automatic e-mail notification when a sex offender moves into
a resident's zip code.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 6 of section 168-b of the
Correction Law to change the reference to the subdirectory to a refer-
ence to the directory of sex offenders.

Section two of the bill amends paragraphs a, b and c of subdivision 6 of
section 168-1 of the Correction Law to describe what information about a
sex offender is available on the Division homepage depending on whether
the offender has been designated a level one, two or three risk.

Section three of the bill amends section 168-q of the Correction Law to
change the title of the Sub directory to the Directory and to authorize
certain information about level one sex offenders to be made available
in the Directory on the Division homepage in addition to the current
information which is made available on level two and level three sex
offenders.

Section four of the bill provides that it takes effect 180 days after it
becomes law.

 
EXISTING LAW:

Currently, the Sex Offender Registration Act does not require all sex
offenders to be accessible on the DOS directory website.

 
JUSTIFICATION:

In New York State, a sex offender remains on the Sex Offender Registry
for at least twenty years. Many offenders are required to register for
life. A directory of Level Two and Level Three Sex Offenders is main-
tained on the Division of Criminal Justice Services homepage. While this
directory provides valuable information concerning those offenders who
have been determined to pose moderate and high risk, no similar informa-
tion is provided about offenders found to pose a low risk of re-offense.
A person must call the 800 number operated by the Division to learn of
low risk offenders in the community.

To use the 800 number, the caller must have the sex offender's name and
either the Offender's exact address, date of birth, social security
number or driver's license number. There is no fee for the 800 number.
The 800 number has proved to be a useful. Screening tool for certain
business and volunteer agencies, however, it is not as useful for a
person who wishes to know who may pose a threat to the community but
does not know the specific identifying information required for an 800
number search. Making information about all registered sex offenders
based upon risk level, available on the Division home page will expand
the utility of the Registry and enhance the safety of New York's most
vulnerable citizens.  Individuals and organizations who need access to
Registry information will be able to obtain such information from any
computer with access to the Internet at a convenient time and will no
longer be limited to calling the 800 number which is only in service
weekdays between 9 a.m. and 5 p.m. In addition, by providing a mechanism
whereby residents may register with DOS to receive automatic e-mail
notification whenever an offender moves into their zip code will give
individuals the peace of mind that they will be timely notified whenever
there is an individual who may pose a risk living nearby.  Furthermore,
it takes away the burden of having to check the registry all the time to
look for new offenders living in the community.

 
LEGISLATIVE HISTORY:

S.4776A/A.6019A of 2015-2016; Passed Senate
S.2017/A.2649 of 2013-2014; Passed Senate
S.2005a/A.4871A of 2011-2012; Passed Senate
S.1488/A.3793 of 2009-2010; Referred to Crime Victims, Crime and
Correction
S.3713/A.8438 of 2007-2008; Passed Senate
S.4968/A.4402B of 2005-2006; Passed Senate
S.4007A/A.8321A of 2003-2004; Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after the bill becomes law.

2019-S3029 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3029
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 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.
   § 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

 S. 3029                             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. 3029                             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-

 S. 3029                             4

 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.

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