NY State Senate Bill 2021-S1648

Senate Bill S1648

2021-2022 Legislative Session

Relates to prohibiting a person required to register under the sex offender registration act from possessing an online gamer account

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 14, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S1648 (ACTIVE) - Details

See Assembly Version of this Bill:: A1990
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8744
2019-2020: S4099, A3291
2023-2024: S1132

2021-S1648 (ACTIVE) - Summary

Relates to prohibiting a person required to register under the sex offender registration act from possessing an online gamer account.

2021-S1648 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1648

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting a person
required to register under the sex offender registration act from
possessing an online gamer account

 
PURPOSE OR GENERAL IDEA OF BILL:

To keep minors safe from sex offenders while engaging in online gaming

 
SUMMARY OF PROVISIONS:

Any sex offender required to register as such, shall be banned from
creating an online gamer account, which will prevent such sex offender
from engaging in the playing and/or communication with minors over the
gaming platform.

This bill will require any sex offender with an online gamer account to

have to delete their account and report such account within 7 days after
the effective date of this legislation with the division as required
under this section. If they do not report and delete their account with-
in 7 days, they shall be guilty of an A misdemeanor

Sex offenders will be prohibited from creating an online gamer account
after the effective date of this legislation. If they create such an
account, they are guilty of an A misdemeanor. For each subsequent
violation, they shall be guilty of an E Felony.

Defines online gamer account to include, but not limited to, an account
that allows an individual or user to engage, spectate, message, communi-
cate, participate, or play on the internet, console, gaming
system,and/or network, in which other individuals can engage in the same
game, games, activities, or multiplayer features.

 
JUSTIFICATION:

With the rise in online and internet gaming, more and more individuals
are interacting and communicating with each other while they play these
games. Minors are also playing these games online and communicating with
their fellow online garners. Each online user has a unique name, gamer
tag, or other identification name that allows that user to engage and
communicate online with others. There have been numerous stories of sex
offenders using online gaming to communicate and lure children. The
Governor and the Attorney General have both taken measures to restrict
online gaming access in the past from sex offenders. However, we need to
offer more protection going forward. The government has an important and
compelling interest in keeping minors safe. This piece of legislation is
also narrowly tailored to accomplish this compelling interest.

 
LEGISLATIVE HISTORY:

Senate

2020 (S4099) Referred to Crime Victims, Crime And Correction

Assembly
2020 (A3291) Referred to Correction

2017/18 (A8744) Referred to Correction

 
FISCAL IMPLICATIONS:

None

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

2021-S1648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1648
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 prohibiting a person
   required to register under the  sex  offender  registration  act  from
   possessing an online gamer account

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-w of the correction law, as relettered by chap-
 ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
 section 168-w is added to read as follows:
   § 168-W. PROHIBITION OF ONLINE GAMER ACCOUNTS. 1. FOR PURPOSES OF THIS
 SECTION  AN  "ONLINE  GAMER ACCOUNT" MEANS A USER NAME OR OTHER NAME, OR
 IDENTIFYING DATA THAT ALLOWS SUCH INDIVIDUAL OR USER  TO  ENGAGE,  SPEC-
 TATE,  MESSAGE,  COMMUNICATE,  PARTICIPATE,  OR  PLAY  ON  THE INTERNET,
 CONSOLE, GAMING SYSTEM, AND/OR NETWORK, IN WHICH OTHER  INDIVIDUALS  CAN
 ENGAGE  IN THE SAME GAME, GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES. AN
 "ONLINE GAMER ACCOUNT" INCLUDES, BUT IS NOT LIMITED TO, A CONSOLE GAMING
 ACCOUNT, COMPUTER GAMING ACCOUNT, USER TAG,  USER  ACCOUNT,  USER  NAME,
 NETWORK  ACCOUNT,  X-BOX  GAMER  TAG, PLAYSTATION NETWORK NAME, NINTENDO
 NETWORK ID, ONLINE MULTIPLAYER USER  NAME,  ONLINE  MULTIPLAYER  PLAYING
 ACCOUNT,  UNIQUE  USER  NAME,  OR ANY OTHER PROFILE AND/OR NAMED ACCOUNT
 THAT ALLOWS SUCH INDIVIDUAL OR USER TO ENGAGE, SPECTATE, MESSAGE, COMMU-
 NICATE, PARTICIPATE, OR PLAY ON THE INTERNET,  CONSOLE,  GAMING  SYSTEM,
 AND/OR  NETWORK, IN WHICH OTHER INDIVIDUALS CAN ENGAGE IN THE SAME GAME,
 GAMES, ACTIVITIES, OR MULTIPLAYER FEATURES.
   2. A. NO PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER  THIS  ARTICLE
 SHALL  BE  PERMITTED  TO  HAVE  AN ONLINE GAMER ACCOUNT THAT ALLOWS SUCH
 PERSON TO ENGAGE IN THE WATCHING, PARTICIPATION, COMMUNICATION,  MESSAG-
 ING,  TALKING,  AND/OR  PLAYING  OF  ANY TYPE OF GAME OVER THE INTERNET,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05673-01-1

 S. 1648                             2
 
 CONSOLE, PLATFORM, SYSTEM, ONLINE MULTIPLAYER FEATURE, OR ANY OTHER TYPE
 OF DEVICE, IN WHICH MINORS ALSO HAVE ACCESS TO AN ONLINE GAMER ACCOUNT.
   B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CURRENTLY  HAS  SUCH  ONLINE  GAMER  ACCOUNT SHALL DELETE, REMOVE AND/OR
 CANCEL SUCH ONLINE GAMER ACCOUNT WITHIN SEVEN DAYS AFTER  THE  EFFECTIVE
 DATE  OF  THIS  SECTION.  SUCH PERSON SHALL REPORT SUCH ACCOUNT, AND THE
 ACCOUNT'S DELETION, TO THE DIVISION WITHIN SEVEN DAYS AFTER  THE  EFFEC-
 TIVE DATE OF THIS SECTION.
   3.  A. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
 WHO FAILS TO REPORT SUCH ONLINE GAMER ACCOUNT TO THE DIVISION SEVEN DAYS
 AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE GUILTY OF  A  CLASS  A
 MISDEMEANOR.
   B. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CURRENTLY  HAS  SUCH  ONLINE  GAMER ACCOUNT AT THE TIME OF THE EFFECTIVE
 DATE OF THIS SECTION, AND WHO FAILS TO DELETE, REMOVE AND/OR CANCEL SUCH
 ONLINE GAMER ACCOUNT WITHIN SEVEN DAYS AFTER THE EFFECTIVE DATE OF  THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   C. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE WHO
 CREATES AN ONLINE GAMER ACCOUNT AFTER THE EFFECTIVE DATE OF THIS SECTION
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR. UPON THE SECOND VIOLATION, AND
 EACH  SUBSEQUENT  VIOLATION,  OF  THIS  SUBDIVISION SUCH PERSON SHALL BE
 GUILTY OF A CLASS E FELONY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S1648

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Sponsored By

James Skoufis