Bill Text: NY A03339 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the correction law, in relation to required notification by school districts of sex offender residence; and to amend the education law, in relation to apportionment to school districts for certain expenses related to sex offender notification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to correction [A03339 Detail]
Download: New_York-2009-A03339-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1176 A. 3339
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
January 27, 2009
___________
IN SENATE -- Introduced by Sens. LAVALLE, ALESI, MORAHAN -- read twice
and ordered printed, and when printed to be committed to the Committee
on Crime Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to required notification
by school districts of sex offender residence; and to amend the educa-
tion law, in relation to apportionment to school districts for certain
expenses related to sex offender notification
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
2 the correction law, paragraph (b) as amended by chapter 106 of the laws
3 of 2006 and paragraph (c) as separately amended by chapters 318 and 680
4 of the laws of 2005, are amended to read as follows:
5 (b) If the risk of repeat offense is moderate, a level two designation
6 shall be given to such sex offender. In such case the law enforcement
7 agency or agencies having jurisdiction and the law enforcement agency or
8 agencies having had jurisdiction at the time of his or her conviction
9 shall be notified and may disseminate relevant information which shall
10 include a photograph and description of the offender and which may
11 include the exact name and any aliases used by the sex offender, approx-
12 imate address based on sex offender's zip code, background information
13 including the offender's crime of conviction, mode of operation, type of
14 victim targeted, the name and address of any institution of higher
15 education at which the sex offender is enrolled, attends, is employed or
16 resides and the description of special conditions imposed on the offen-
17 der to any entity with vulnerable populations related to the nature of
18 the offense committed by such sex offender. Any entity receiving infor-
19 mation on a sex offender may disclose or further disseminate such infor-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04034-01-9
S. 1176 2 A. 3339
1 mation at its discretion, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON
2 RECEIPT OF SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF
3 SCHOOL ADMINISTRATOR, SHALL DISSEMINATE BY U.S. POSTAL SERVICE SUCH
4 INFORMATION TO ALL RESIDENTS RESIDING WITHIN SUCH SCHOOL DISTRICT. In
5 addition, in such case, the information described [herein] IN THIS
6 SECTION shall also be provided in the subdirectory established in this
7 article and notwithstanding any other provision of law, such information
8 shall, upon request, be made available to the public.
9 Such law enforcement agencies shall compile, maintain and update a
10 listing of vulnerable organizational entities within its jurisdiction.
11 Such listing shall be utilized for notification of such organizations in
12 disseminating such information on level two sex offenders pursuant to
13 this paragraph. Such listing shall include and not be limited to:
14 superintendents of schools or chief school administrators, superinten-
15 dents of parks, public and private libraries, public and private school
16 bus transportation companies, day care centers, nursery schools, pre-
17 schools, neighborhood watch groups, community centers, civic associ-
18 ations, nursing homes, victim's advocacy groups and places of worship.
19 (c) If the risk of repeat offense is high and there exists a threat to
20 the public safety a level three designation shall be given to such sex
21 offender. In such case, the law enforcement agency or agencies having
22 jurisdiction and the law enforcement agency or agencies having had
23 jurisdiction at the time of his or her conviction shall be notified and
24 may disseminate relevant information which shall include a photograph
25 and description of the offender and which may include the sex offender's
26 exact name and any aliases used by the offender, exact address, address
27 of the offender's place of employment, background information including
28 the offender's crime of conviction, mode of operation, type of victim
29 targeted, the name and address of any institution of higher education at
30 which the sex offender is enrolled, attends, is employed or resides and
31 the description of special conditions imposed on the offender to any
32 entity with vulnerable populations related to the nature of the offense
33 committed by such sex offender. Any entity receiving information on a
34 sex offender may disclose or further disseminate such information at its
35 discretion, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF
36 SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS-
37 TRATOR, SHALL DISSEMINATE BY U.S. POSTAL SERVICE SUCH INFORMATION TO ALL
38 RESIDENTS RESIDING WITHIN SUCH SCHOOL DISTRICT. In addition, in such
39 case, the information described herein shall also be provided in the
40 subdirectory established in this article and notwithstanding any other
41 provision of law, such information shall, upon request, be made avail-
42 able to the public.
43 Such law enforcement agencies shall compile, maintain and update a
44 listing of vulnerable organizational entities within its jurisdiction.
45 Such listing shall be utilized for notification of such organizations in
46 disseminating such information on level three sex offenders pursuant to
47 this paragraph. Such listing shall include and not be limited to:
48 superintendents of schools or chief school administrators, superinten-
49 dents of parks, public and private libraries, public and private school
50 bus transportation companies, day care centers, nursery schools, pre-
51 schools, neighborhood watch groups, community centers, civic associ-
52 ations, nursing homes, victim's advocacy groups and places of worship.
53 S 2. The education law is amended by adding a new section 3605 to read
54 as follows:
55 S 3605. APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
56 SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES EXPENDED
S. 1176 3 A. 3339
1 IN THE MAILING OF NOTICES TO PARENTS AND OTHER AUTHORIZED PARTIES
2 REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN SUCH SCHOOL
3 DISTRICTS.
4 S 3. This act shall take effect on the first of July next succeeding
5 the date on which it shall have become a law, and shall apply to
6 expenses incurred by school districts after such effective date.
