NY State Senate Bill 2023-S8983

Senate Bill S8983

2023-2024 Legislative Session

Includes authorized internet entities in the information sex offenders are required to disclose upon registration

download bill text pdf

Current 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
Apr 05, 2024	referred to crime victims, crime and correction

2023-S8983 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b & 168-f, Cor L

2023-S8983 (ACTIVE) - Summary

Includes authorized internet entities in the information sex offenders are required to disclose upon registration.

2023-S8983 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8983

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the correction law, in relation to including authorized
internet entities in the information sex offenders are required to
disclose upon registration

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require registered sex offenders to disclose any author-
ized internet entities that they use.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the correction law in relation to adding
"authorized internet entities" to the list of required disclosures upon
sex offender registration.

Section two of the bill amends the correction law in relation to adding
"authorized internet entities" to the list of required disclosures upon

a change to a sex offender's registration.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill would require registered sex offenders to disclose any author-
ized internet entities that they use. Authorized internet entities are
defined as websites or services where persons under the age of 18
"congregate or communicate with other users for the purpose of social
networking." This would include most social networking sites including
Facebook, Instagram, and Twitter.  A recent Court of Appeals case
(People v. Ellis 2019) ruled that the statute does not require disclo-
sure of authorized internet entities only the internet identifier
(emails, screen names) that a registered offender uses. The court found
that since the registered offender used their email, which was
disclosed, to access Facebook and displayed their true name in the
profile, they were not required to provide this information to the Divi-
sion of Criminal. Justice Services (DCJS).

This bill seeks to rectify the court ruling by ensuring a sex offender
registration has the full picture of a sex offender's online an activ-
ities and personas. This will provide DCJS and probation departments
with the tools to ensure that offenders are compliant with their terms
of release. Furthermore, the case involved the failure to disclose the
use of Facebook; a social networking site whose terms and conditions
prohibit registered sex offenders from utilizing the platform. This bill
would improve public safety by providing clarity in the types of inter-
net activity that must be disclosed upon registration.

 
PRIOR LEGISLATIVE HISTORY:

A.305 of 2021-22 A.8560 of 2020

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2023-S8983 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8983
 
                             I N  S E N A T E
 
                               April 5, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 including authorized
   internet entities in the information sex  offenders  are  required  to
   disclose upon registration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  168-b  of  the
 correction law, as amended by chapter 67 of the laws of 2008, is amended
 to read as follows:
   (a)  The  sex  offender's  name, all aliases used, date of birth, sex,
 race, height, weight, eye color, driver's license number,  home  address
 and/or  expected  place of domicile, any internet accounts with internet
 access providers belonging to such offender and internet identifiers  OR
 AUTHORIZED INTERNET ENTITIES that such offender uses.
   §  2. Subdivision 4 of section 168-f of the correction law, as amended
 by chapter 67 of the laws of 2008, is amended to read as follows:
   4. Any sex offender shall register with the division no later than ten
 calendar days after any change of address, internet accounts with inter-
 net access providers belonging to such offender, internet identifiers OR
 AUTHORIZED INTERNET ENTITIES that such offender  uses,  or  his  or  her
 status  of enrollment, attendance, employment or residence at any insti-
 tution of higher education. A fee  of  ten  dollars,  as  authorized  by
 subdivision  eight of section one hundred sixty-eight-b of this article,
 shall be submitted by the sex offender each time such offender registers
 any change of address or any change of his or her status of  enrollment,
 attendance,  employment or residence at any institution of higher educa-
 tion. Any failure or omission to  submit  the  required  fee  shall  not
 affect the acceptance by the division of the change of address or change
 of status.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00962-01-3

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