NY State Senate Bill 2021-S7051

Senate Bill S7051

2021-2022 Legislative Session

Requires the department of corrections and community supervision to update its website to include a searchable database to look up persons convicted of a family offense

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
May 26, 2021	referred to crime victims, crime and correction

2021-S7051 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §9, Cor L

2021-S7051 (ACTIVE) - Summary

Requires the department of corrections and community supervision to update its website to include a searchable database to look up persons convicted of a family offense.

2021-S7051 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7051

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring the depart-
ment of corrections and community supervision to include a searchable
database of persons convicted of family offenses on its website

 
PURPOSE:

Requires the department of corrections and community supervision to
update its website to include a searchable database to look up persons
convicted of a family offense.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends § 9 of the correction law, requiring the
Department of Corrections and Community Supervision to update the
searchable database on their website to include information relating to
a person convicted of a family offense defined in section 812 of the

family court act, an aggravated family offense defined in section 240.75
of the penal law, or a any offense defined in section 530.11 of the
criminal procedure law. Such information must include the current name
and any former legal name or known alias, a description of the offense
for which the person was convicted, the ZIP code associated with the
person convicted, and any further identifying information the commis-
sioner may deem necessary to effectuate this act.

Section 2. Establishes an effective date.

 
JUSTIFICATION:

Currently New York State Corrections and Community Supervision has a
searchable database for individuals whose criminal conviction resulted
in a term of imprisonment, but gives no indication as to whether or not
a family offense was at issue.  This bill would make such information
available and potentially prevent someone from entering into a relation-
ship with a known domestic abuser. This bill is the product of a colla-
borative effort between several advocates and advocacy groups who work
to prevent domestic violence and support survivors. Together, these
advocates worked to create a bill that makes important information more
widely available while also preserving the privacy of survivors.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

To be determined.

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

2021-S7051 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7051
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 requiring the depart-
   ment  of corrections and community supervision to include a searchable
   database of persons convicted of family offenses on its website
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 9 of the correction law, as added by section 2 of
 part OO of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
 follows:
   § 9. Access to inmate information via the internet. 1. Notwithstanding
 any  provision  of  law to the contrary, any information relating to the
 conviction of a person, except for a person convicted of an offense that
 would make such person ineligible for merit  time  under  section  eight
 hundred  three of this chapter or an offense for which registration as a
 sex offender is required as set forth in subdivision  two  or  three  of
 section  one  hundred sixty-eight-a of this chapter, that is posted on a
 website maintained by or for the department, under article  six  of  the
 public  officers  law, may be posted on such website for a period not to
 exceed five years after the expiration  of  such  person's  sentence  of
 imprisonment  and  any  period  of  parole  or post-release supervision;
 provided, however, that in the case of a person who has  been  committed
 to  the  department  on  more than one occasion, the department may post
 conviction information relating to any prior commitment on such  website
 for  a  period  not  to  exceed  five years after the expiration of such
 person's sentence of imprisonment and any period of parole  or  post-re-
 lease supervision arising from the most recent commitment to the depart-
 ment;  PROVIDED  FURTHER,  THAT  ANY  INFORMATION  RELATING  TO A PERSON
 CONVICTED OF A FAMILY OFFENSE DEFINED IN SECTION EIGHT HUNDRED TWELVE OF
 THE FAMILY COURT ACT OR AN AGGRAVATED FAMILY OFFENSE DEFINED IN  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11256-02-1

 S. 7051                             2
 
 240.75  OF THE PENAL LAW OR ANY OFFENSE DEFINED IN SECTION 530.11 OF THE
 CRIMINAL PROCEDURE LAW SHALL BE POSTED ON  SUCH  WEBSITE  IN  ACCORDANCE
 WITH SUBDIVISION TWO OF THIS SECTION.
   2.  (A)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, FOR A
 PERSON CONVICTED OF A FAMILY OFFENSE OR AN  AGGRAVATED  FAMILY  OFFENSE,
 THE  DEPARTMENT SHALL POST ON ITS WEBSITE: (I) THE CURRENT NAME, AND ANY
 FORMER LEGAL NAME OR KNOWN ALIAS OF SUCH PERSON; (II) A  DESCRIPTION  OF
 THE OFFENSE FOR WHICH SUCH PERSON WAS CONVICTED IDENTIFYING SUCH OFFENSE
 AS  A  FAMILY  OFFENSE  OR AGGRAVATED FAMILY OFFENSE; (III) THE ZIP CODE
 ASSOCIATED WITH SUCH PERSONS CURRENT OR LAST  KNOWN  ADDRESS;  AND  (IV)
 SUCH FURTHER IDENTIFYING INFORMATION AS THE COMMISSIONER DEEMS NECESSARY
 TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   (B) THE DEPARTMENT SHALL MODIFY AN EXISTING SEARCHABLE DATABASE ON ITS
 WEBSITE  THAT SHALL ALLOW THE PUBLIC TO SEARCH FOR AND ACCESS THE INFOR-
 MATION REQUIRED TO BE POSTED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION.
 HOWEVER,  NOTHING  IN THIS SECTION SHALL BE INTERPRETED AS REQUIRING THE
 DEPARTMENT TO ALLOW THE PUBLIC TO SEARCH DATABASE ENTRIES BY  INDIVIDUAL
 FAMILY OFFENSES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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