NY State Senate Bill 2019-S4801

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Mar 26, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S4801 (ACTIVE) - Details

See Assembly Version of this Bill:: A8458
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-h, 168-n & 168-o, ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6066, A8503
2017-2018: S5201, A1651
2021-2022: A2667
2023-2024: A2168

2019-S4801 (ACTIVE) - Summary

Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.

2019-S4801 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4801

SPONSOR: MARTINEZ
 
TITLE OF BILL:  An act to amend the correction law, in relation to sex
offender registration and residency restrictions

 
PURPOSE:

The purpose of this bill is to extend the duration of the registration
requirement for certain level one sex offenders and to allow local
governments to adopt laws placing reasonable restrictions on where a sex
offender is permitted to live in their community.

 
SUMMARY OF PROVISIONS:

Section one of this bill requires level one sex offenders who have been
convicted of committing enumerated offenses to register annually, for
life, unless the offender was under the age of 21 at the time of the
offense. Offenders will be eligible to apply to have their names removed
from the registry after a period of thirty years.

Section two of this bill directs the sentencing court to assign a sexual
predator designation to an offender determined to be sexual predator, as
already defined in law. This section also directs the sentencing court
to assign a sexually violent offender designation to offenders convicted
of a sexually violent offense, as already defined in law. Finally, this
section directs the sentencing court to assign a predicate sex offender
designation to a sex offender who is a predicate sex offender, as
already defined in law.

Section three of this bill makes corresponding changes to provide that
level one sex offenders, not designated as a sexual predator, sexually
violent offender or predicate sex offender, shall register for a period
of thirty years.

Section four of the bill establishes a new section 168-w of the
corrections law, entitled Child and Victim Safety Zones, which allows
local governments to adopt reasonable local residency restrictions aimed
at protecting children and victims from further victimization.

Section five of this bill contains a severability clause. Section six of
this bill provides the effective date.

 
JUSTIFICATION:

Currently, level one sex offenders are only required to register as a
sex-offender for twenty years. Because this legislation was passed and
placed into effect twenty years ago, many sex offenders will be coming
off the sex offender registry beginning in 2016. Many times, level one
sex offenders are sexual predators, sexually violent offenders, or pred-
icate sex offenders and receive level one sex offender status as part of
a plea bargain. This bill would extend the requirement to register as a
sex offender to thirty years, therefore requiring level one offenders to
register for ten more years. This bill also permits level one sex offen-
ders who are not sexual predators, sexually violent, or predicate sex
offenders the ability to apply to come of the registry if they can prove
by clear and convincing evidence that they are no longer a threat to
society.

The New York State Court of Appeals has recently overturned all local
residency restrictions pertaining to where a registered sex offender can
live for the reason that such laws were too restrictive, and that state
law preempted local action on this matter. This bill would specifically
provide local governments with the ability to adopt local residency
restrictions, while at the same time addressing the issue raised by the
Court of Appeals relating to the overly burdensome and complex nature of
prior local laws that had the impact of making it nearly impossible for
a sex offender to find lawful housing within a community.

 
LEGISLATIVE HISTORY:

2018-2018 A.1651-A ;Murray) referred to Correction/S.5201 (Croci) passed
Senate

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S4801 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4801
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09122-01-9

 S. 4801                             2
 
 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
 or verification is no longer necessary. Such petition, if granted, shall
 not  relieve  the  petitioner  of  the duty to register pursuant to this

 S. 4801                             3
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4801

Sponsored By

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

co-Sponsors

2019-S4801 (ACTIVE) - Details

2019-S4801 (ACTIVE) - Summary

2019-S4801 (ACTIVE) - Sponsor Memo

2019-S4801 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4801

Share this bill

Sponsored By

Monica R. Martinez

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

co-Sponsors

John E. Brooks

2019-S4801 (ACTIVE) - Details

2019-S4801 (ACTIVE) - Summary

2019-S4801 (ACTIVE) - Sponsor Memo

2019-S4801 (ACTIVE) - Bill Text download pdf

Comments