Bill Text: NY A04994 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to level three designation for certain sex offenders under the sex offender registration act; provides for a level three designation under the sex offender registration act for persons convicted of or a conviction for an attempt to commit an offense contained in article 130 (sexual offenses) or 263 (sexual performance by a child) or section 135.25 (kidnapping in the first degree), 230.06 (patronizing a prostitute in the first degree), 230.32 (promoting prostitution in the first degree) or 255.25, 255.26, 255.27 (incest) of the penal law where the victim of the related offense is less than eleven years old.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04994 Detail]

Download: New_York-2011-A04994-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4994
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
         Committee on Correction
       AN ACT to amend the correction law, in relation to  level  three  desig-
         nation for certain sex offenders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of paragraph (c) of subdivision 6  of
    2  section  168-l  of the correction law, as separately amended by chapters
    3  318 and 680 of the laws of 2005, is amended to read as follows:
    4    If the risk of repeat offense is high and there exists a threat to the
    5  public safety a level three designation  shall  be  given  to  such  sex
    6  offender.    IF THE SEX OFFENDER HAS A CONVICTION OF OR A CONVICTION FOR
    7  AN ATTEMPT TO COMMIT AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED  THIRTY
    8  OR  TWO  HUNDRED  SIXTY-THREE OR SECTION 135.25, 230.06, 230.32, 255.25,
    9  255.26 OR 255.27 OF THE PENAL LAW AND WHERE THE VICTIM  OF  THE  RELATED
   10  OFFENSE IS LESS THAN ELEVEN YEARS OLD A LEVEL THREE DESIGNATION SHALL BE
   11  GIVEN  TO  SUCH SEX OFFENDER. In [such] EITHER case, the law enforcement
   12  agency or agencies having jurisdiction and the law enforcement agency or
   13  agencies having had jurisdiction at the time of his  or  her  conviction
   14  shall  be  notified and may disseminate relevant information which shall
   15  include a photograph and description  of  the  offender  and  which  may
   16  include the sex offender's exact name and any aliases used by the offen-
   17  der, exact address, address of the offender's place of employment, back-
   18  ground information including the offender's crime of conviction, mode of
   19  operation, type of victim targeted, the name and address of any institu-
   20  tion of higher education at which the sex offender is enrolled, attends,
   21  is employed or resides and the description of special conditions imposed
   22  on the offender to any entity with vulnerable populations related to the
   23  nature of the offense committed by such sex offender. Any entity receiv-
   24  ing  information  on  a sex offender may disclose or further disseminate
   25  such information at its discretion. In addition[,  in  such  case,]  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01917-01-1
       A. 4994                             2
    1  information  described [herein] IN THIS PARAGRAPH shall also be provided
    2  in the subdirectory established in this article and notwithstanding  any
    3  other  provision  of  law, such information shall, upon request, be made
    4  available to the public.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.
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