Bill Text: NY A03389 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the correction law, in relation to informing the media, members of the community, child care centers and all public and private elementary and secondary schools with regard to the presence of a convicted sex offender
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2009-01-27 - referred to correction [A03389 Detail]
Download: New_York-2009-A03389-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3389
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. EDDINGTON, KOON, GUNTHER, BRADLEY, FIELDS,
CARROZZA, REILLY, LATIMER, SPANO -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to informing the media,
members of the community, child care centers and all public and
private elementary and secondary schools with regard to the presence
of a convicted sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 6 of section
2 168-l of the correction law, paragraphs (a) and (b) as amended by chap-
3 ter 106 of the laws of 2006 and paragraph (c) as separately amended by
4 chapters 318 and 680 of the laws of 2005, are amended to read as
5 follows:
6 (a) If the risk of repeat offense is low, a level one designation
7 shall be given to such sex offender. In such case the law enforcement
8 agency or agencies having jurisdiction and the law enforcement agency or
9 agencies having had jurisdiction at the time of his or her conviction
10 shall be notified and may disseminate relevant information which may
11 include a photograph and description of the offender and which may
12 include the name of the sex offender, approximate address based on sex
13 offender's zip code, background information including the offender's
14 crime of conviction, modus of operation, type of victim targeted, the
15 name and address of any institution of higher education at which the sex
16 offender is enrolled, attends, is employed or resides and the
17 description of special conditions imposed on the offender to any entity
18 with vulnerable populations related to the nature of the offense commit-
19 ted by such sex offender; PROVIDED, HOWEVER, THAT WITHIN FORTY-EIGHT
20 HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR HIS OR HER
21 DESIGNEE OF THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING JURISDICTION
22 SHALL NOTIFY THE MEDIA AND THE COMMUNITY, INCLUDING ALL LICENSED DAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04614-01-9
A. 3389 2
1 CARE CENTERS AND ALL PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
2 LOCATED WITHIN A ONE-MILE RADIUS OF THE RESIDENCE OF THE SEXUAL PREDA-
3 TOR, OF THE PRESENCE OF SUCH SEXUAL PREDATOR. Any entity receiving
4 information on a sex offender may disclose or further disseminate such
5 information at its discretion.
6 (b) If the risk of repeat offense is moderate, a level two designation
7 shall be given to such sex offender. In such case the law enforcement
8 agency or agencies having jurisdiction and the law enforcement agency or
9 agencies having had jurisdiction at the time of his or her conviction
10 shall be notified and [may] SHALL disseminate relevant information which
11 shall include a photograph and description of the offender and which may
12 include the exact name and any aliases used by the sex offender, approx-
13 imate address based on sex offender's zip code, background information
14 including the offender's crime of conviction, mode of operation, type of
15 victim targeted, the name and address of any institution of higher
16 education at which the sex offender is enrolled, attends, is employed or
17 resides and the description of special conditions imposed on the offen-
18 der to any entity with vulnerable populations related to the nature of
19 the offense committed by such sex offender. Any entity receiving infor-
20 mation on a sex offender may disclose or further disseminate such infor-
21 mation at its discretion; PROVIDED, FURTHER, THAT WITHIN FORTY-EIGHT
22 HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR HIS OR HER
23 DESIGNEE OF THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING JURISDICTION
24 SHALL NOTIFY THE MEDIA AND THE COMMUNITY, INCLUDING ALL LICENSED DAY
25 CARE CENTERS AND ALL PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
26 LOCATED WITHIN A ONE-MILE RADIUS OF THE RESIDENCE OF THE SEXUAL PREDA-
27 TOR, OF THE PRESENCE OF SUCH SEXUAL PREDATOR. In addition, in such case,
28 the information described herein shall also be provided in the subdirec-
29 tory established in this article and notwithstanding any other provision
30 of law, such information shall, upon request, be made available to the
31 public.
32 Such law enforcement agencies shall compile, maintain and update a
33 listing of vulnerable organizational entities within its jurisdiction.
34 Such listing shall be utilized for notification of such organizations in
35 disseminating such information on level two sex offenders pursuant to
36 this paragraph. Such listing shall include and not be limited to:
37 superintendents of schools or chief school administrators, superinten-
38 dents of parks, public and private libraries, public and private school
39 bus transportation companies, day care centers, nursery schools, pre-
40 schools, neighborhood watch groups, community centers, civic associ-
41 ations, nursing homes, victim's advocacy groups and places of worship.
42 (c) If the risk of repeat offense is high and there exists a threat to
43 the public safety a level three designation shall be given to such sex
44 offender. In such case, the law enforcement agency or agencies having
45 jurisdiction and the law enforcement agency or agencies having had
46 jurisdiction at the time of his or her conviction shall be notified and
47 [may] SHALL disseminate relevant information which shall include a
48 photograph and description of the offender and which may include the sex
49 offender's exact name and any aliases used by the offender, exact
50 address, address of the offender's place of employment, background
51 information including the offender's crime of conviction, mode of opera-
52 tion, type of victim targeted, the name and address of any institution
53 of higher education at which the sex offender is enrolled, attends, is
54 employed or resides and the description of special conditions imposed on
55 the offender to any entity with vulnerable populations related to the
56 nature of the offense committed by such sex offender. Any entity receiv-
A. 3389 3
1 ing information on a sex offender may disclose or further disseminate
2 such information at its discretion; PROVIDED, FURTHER, THAT WITHIN
3 FORTY-EIGHT HOURS OF RECEIPT OF SUCH INFORMATION, THE CHIEF OF POLICE OR
4 HIS OR HER DESIGNEE OF THE LAW ENFORCEMENT AGENCY OR AGENCIES HAVING
5 JURISDICTION SHALL NOTIFY THE MEDIA AND THE COMMUNITY, INCLUDING ALL
6 LICENSED DAY CARE CENTERS AND ALL PUBLIC AND PRIVATE ELEMENTARY AND
7 SECONDARY SCHOOLS LOCATED WITHIN A ONE-MILE RADIUS OF THE RESIDENCE OF
8 THE SEXUAL PREDATOR, OF THE PRESENCE OF SUCH SEXUAL PREDATOR. In addi-
9 tion, in such case, the information described [herein] IN THIS PARAGRAPH
10 shall also be provided in the subdirectory established in this article
11 and notwithstanding any other provision of law, such information shall,
12 upon request, be made available to the public.
13 Such law enforcement agencies shall compile, maintain and update a
14 listing of vulnerable organizational entities within its jurisdiction.
15 Such listing shall be utilized for notification of such organizations in
16 disseminating such information on level three sex offenders pursuant to
17 this paragraph. Such listing shall include and not be limited to:
18 superintendents of schools or chief school administrators, superinten-
19 dents of parks, public and private libraries, public and private school
20 bus transportation companies, day care centers, nursery schools, pre-
21 schools, neighborhood watch groups, community centers, civic associ-
22 ations, nursing homes, victim's advocacy groups and places of worship.
23 S 2. This act shall take effect on the first of November next succeed-
24 ing the date upon which it shall have become a law.
