NY State Senate Bill 2025-S3645

Senate Bill S3645

2025-2026 Legislative Session

Facilitates compliance with the sex offender registry for offenders without a registerable residence

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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
Jan 29, 2025	referred to crime victims, crime and correction

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2025-S3645 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-a, 168-b, 168-f & 168-t, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S6092

2025-S3645 (ACTIVE) - Summary

Facilitates compliance with the sex offender registry for offenders without a registerable residence; defines "homeless sex offender" and "sex offender registration officer"; makes related provisions.

2025-S3645 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3645

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the correction law, in relation to facilitating compli-
ance with the sex offender registry for offenders without a registerable
residence

 
PURPOSE:

To enhance laws relating to the registration of homeless sex offenders.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 168-a of the corrections law to define a "home-
less sex offender" as a person required to register as a sex offender
who does not have a registerable residence. Section 168-a is further
amended to establish a sex offender registration officer in each county
of the state to collect information regarding the location of homeless
sex offenders and report such to the division for inclusion on the sex
offender registry. The sex offender registration officer. will also

provide, on behalf of the division, necessary notifications to such
offenders. The sex offender registration officer may designate agents to
facilitate the collection of location information, as well as facilitate
notifications.

Section 2 amends paragraph (a) of subdivision 1 of section 168-b of the
corrections law to allow that when a sex offender is homeless, the sex
offender registry shall indicate which county's sex offender registra-
tion officer is collecting information regarding this offender.

Section 3 adds two new subdivisions 13 and 14 to section 168-b of the
corrections law to allow a sex offender registration officer to facili-
tate all notifications on behalf of DCJS required under section 168-a of
corrections law and allows DCJS to share registry information with any
and all sex offender registration officers.

Section 4 amends section 168-f of the corrections law to require that a
homeless sex offender report to his or her county's sex offender regis-
tration officer every 10 days and update all registry information and
provide information relevant to where he or she has been or will be
staying, including, but not limited to, any shelters or emergency hous-
ing. This information is then forwarded by the sex offender registration
officer to DCJS for inclusion on the registry.

Section 5 amends section 168-t of the corrections law to establish the
penalty for a homeless offender's failure to report as provided above is
a class A misdemeanor for a first offense, and a class E felony for each
subsequent conviction.

Section 6 provides that this act shall take effect on the 90th day after
it becomes law.

 
JUSTIFICATION:

Section 168-f of the Correction Law requires that sexual offenders
register their residence with DCJS and update local law enforcement
agencies or the division within 10 days of moving. Not only are there
homeless offenders who do not have a residence to register, and thus do
not appear on the registry, but also County Departments of Social
Services have temporarily housed homeless people at different locations
and in some cases in mobile units that are moved from community to
community, and thus the information on these offenders, if provided, is
not accurate or current.

The issue of homeless sex offenders not being included on the sex offen-
der registry was brought to light when it was learned that some County
Departments of Social Services had housed sexual offenders in temporary
emergency housing, often at various locations, and no information was
being provided to the registry as to the location of these offenders.

When first introduced, a version of this bill addressed that specific
problem. Although Governor Spitzer vetoed the measure, he did recognize
that "increasing law enforcement's ability to locate sex offenders, even
offenders who are homeless or transient, is an extremely important
goal." He instructed his staff to work with DCJS, OTDA and the Legisla-
ture on a more comprehensive solution to this problem. The result of
such discussions is this legislation that will lead to better and more
accurate information being available to law enforcement agencies and the
public about homeless and transient sex offenders.

 
LEGISLATIVE HISTORY:

2024: S6092 - Referred to Crime Victims, Crime, and Correction

 
FISCAL IMPLICATIONS:

None.

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

2025-S3645 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3645
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens.  MURRAY, BORRELLO, OBERACKER, RHOADS -- 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 facilitating  compli-
   ance with the sex offender registry for offenders without a registera-
   ble residence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-a of the correction law is  amended  by  adding
 two new subdivisions 19 and 20 to read as follows:
   19.  "HOMELESS  SEX OFFENDER" MEANS A PERSON REQUIRED TO REGISTER AS A
 SEX OFFENDER WHO  DOES  NOT  HAVE  A  REGISTERABLE  RESIDENCE.  FOR  THE
 PURPOSES  OF  THIS  SECTION A REGISTERABLE RESIDENCE IS AN ADDRESS WHERE
 THE SEX OFFENDER ACTUALLY RESIDES AND WHERE THE SEX OFFENDER MAY RECEIVE
 MAIL. SHOULD A SEX OFFENDER HAVE AN  ADDRESS  WHERE  SUCH  SEX  OFFENDER
 ACTUALLY  RESIDES THAT THE UNITED STATES POSTAL SERVICE DOES NOT DELIVER
 MAIL, BUT SUCH SEX OFFENDER DOES MAINTAIN A VALID POSTAL BOX TO  RECEIVE
 THEIR  MAIL, THEN SUCH OFFENDER SHALL NOT BE CONSIDERED HOMELESS FOR THE
 PURPOSES OF THIS SECTION.
   20. "SEX OFFENDER REGISTRATION OFFICER" MEANS A PERSON  DESIGNATED  BY
 THE COUNTY TO COLLECT INFORMATION REGARDING THE LOCATION OF HOMELESS SEX
 OFFENDERS  AND  REPORT  SUCH  TO  THE  DIVISION FOR INCLUSION ON THE SEX
 OFFENDER REGISTRY. THE SEX  OFFENDER  REGISTRATION  OFFICER  SHALL  ALSO
 PROVIDE,  ON  BEHALF  OF  THE  DIVISION, NECESSARY NOTIFICATIONS TO SUCH
 OFFENDERS. SEX OFFENDER REGISTRATION OFFICERS ARE  AUTHORIZED  TO  SHARE
 INFORMATION  REGARDING THE LOCATION OF HOMELESS SEX OFFENDERS WITH OTHER
 SEX OFFENDER REGISTRATION OFFICERS WITHIN THE STATE, AS WELL AS WITH THE
 DIVISION AND ANY AND ALL LAW ENFORCEMENT AGENCIES, PROBATION AND PAROLE.
 THE SEX OFFENDER REGISTRATION OFFICER MAY  DESIGNATE  AGENTS,  INCLUDING
 BUT  NOT  LIMITED  TO  A  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
 FACILITATE THE COLLECTION OF LOCATION INFORMATION, AS WELL AS FACILITATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07537-01-5

 S. 3645                             2
 
 NOTIFICATIONS, SO LONG AS INFORMATION COLLECTED BY SUCH AGENTS IS  IMME-
 DIATELY FORWARDED TO THE SEX OFFENDER REGISTRATION OFFICER.
   § 2. 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
 that such offender uses.  IF THE SEX OFFENDER IS A HOMELESS SEX OFFENDER
 AS  DEFINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A
 OF THIS ARTICLE, THEN THE DIVISION SHALL INCLUDE THAT INFORMATION  ALONG
 WITH  WHICH  COUNTY'S  SEX  OFFENDER  REGISTRATION OFFICER IS COLLECTING
 LOCATION INFORMATION REGARDING THIS HOMELESS SEX OFFENDER.
   § 3. Section 168-b of the correction law is amended by adding two  new
 subdivisions 13 and 14 to read as follows:
   13.  FOR ANY SEX OFFENDER WHO IS A HOMELESS SEX OFFENDER AS DEFINED IN
 SUBDIVISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS  ARTI-
 CLE,  THE  SEX  OFFENDER REGISTRATION OFFICER OF THE COUNTY IN WHICH THE
 SEX OFFENDER IS LOCATED SHALL FACILITATE ALL NOTIFICATIONS  REQUIRED  BY
 THIS SECTION ON BEHALF OF THE DIVISION.
   14.  THE  DIVISION IS AUTHORIZED TO MAKE ANY AND ALL INFORMATION MAIN-
 TAINED PURSUANT TO THIS SECTION, AVAILABLE TO ANY SEX OFFENDER REGISTRA-
 TION OFFICER WITHIN THE STATE FOR THE FURTHERANCE OF THE  PROVISIONS  OF
 THIS ARTICLE.
   §  4.  Section  168-f of the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. IF THE SEX OFFENDER IS A HOMELESS SEX OFFENDER AS DEFINED IN SUBDI-
 VISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A  OF  THIS  ARTICLE,
 THE SEX OFFENDER MUST REPORT TO THE SEX OFFENDER REGISTRATION OFFICER IN
 THE  COUNTY  WHERE  THE  SEX OFFENDER IS LOCATED EVERY TEN CALENDAR DAYS
 UNTIL SUCH SEX OFFENDER IS NO LONGER A HOMELESS SEX OFFENDER OR NO LONG-
 ER REQUIRED TO REGISTER. WHEN THE SEX OFFENDER REPORTS THEY SHALL UPDATE
 ANY INFORMATION PREVIOUSLY PROVIDED PURSUANT TO THIS SECTION, AS WELL AS
 INFORMATION AS TO WHERE SUCH SEX OFFENDER HAS HABITUALLY  BEEN  SPENDING
 THE  NIGHT AND ANY FURTHER INFORMATION RELEVANT TO WHERE SUCH SEX OFFEN-
 DER HAS BEEN OR WILL BE STAYING, INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
 SHELTERS  OR  EMERGENCY  HOUSING.  ALL  REGISTRATIONS  AND VERIFICATIONS
 REQUIRED OF THE SEX OFFENDER UNDER THIS ARTICLE SHALL BE PROVIDED BY THE
 HOMELESS SEX OFFENDER TO THE SEX OFFENDER REGISTRATION  OFFICER  IN  THE
 COUNTY  WHERE  THE  SEX OFFENDER IS LOCATED, OR TO THAT OFFICER'S DESIG-
 NATED AGENT, TO BE FORWARDED TO THE DIVISION. NOTHING CONTAINED IN  THIS
 SUBDIVISION  SHALL  EXEMPT  A  HOMELESS  SEX  OFFENDER  FROM ANY AND ALL
 REQUIREMENTS TO APPEAR AT A LAW ENFORCEMENT AGENCY HAVING  JURISDICTION.
 THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS RELATING TO PROCE-
 DURES FOR FACILITATING REPORTING OF HOMELESS SEX OFFENDERS TO SEX OFFEN-
 DER REGISTRATION OFFICERS, AS WELL AS FOR DISSEMINATING  INFORMATION  BY
 THE  DIVISION  TO  THE  HOMELESS  SEX OFFENDERS THROUGH THE SEX OFFENDER
 REGISTRATION OFFICER.
   § 5. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   § 168-t. Penalty. Any sex offender required to register or  to  verify
 pursuant  to  the  provisions  of  this article who fails to register or
 verify in the manner and within the time periods provided  for  in  this
 article  shall  be  guilty  of  a class E felony upon conviction for the
 first offense, and upon conviction for a second  or  subsequent  offense
 S. 3645                             3
 
 shall  be guilty of a class D felony. ANY HOMELESS SEX OFFENDER REQUIRED
 TO REPORT TO  A  SEX  OFFENDER  REGISTRATION  OFFICER  PURSUANT  TO  THE
 PROVISIONS  OF THIS ARTICLE WHO FAILS TO REPORT IN THE MANNER AND WITHIN
 THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS
 A MISDEMEANOR UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON CONVICTION
 FOR  A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS E FELONY.
 Any sex offender who violates the  provisions  of  section  one  hundred
 sixty-eight-v  of  this article shall be guilty of a class A misdemeanor
 upon conviction for the first offense, and upon conviction for a  second
 or  subsequent  offense  shall  be  guilty of a class D felony. Any such
 failure to register or verify may also be the basis  for  revocation  of
 parole pursuant to section two hundred fifty-nine-i of the executive law
 or  the  basis  for  revocation  of  probation  pursuant to article four
 hundred ten of the criminal procedure law.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S3645

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Sponsored By

Dean Murray