Bill Text: NY A05894 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires level one sex offenders to register for life, with a right to petition for relief after 30 years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A05894 Detail]

Download: New_York-2019-A05894-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5894
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M. of A. ENGLEBRIGHT, BARNWELL -- read once and referred
          to the Committee on Correction
        AN ACT to amend the correction law, in relation to requiring  level  one
          sex  offenders to register for life and providing that such sex offen-
          ders may petition for relief after thirty years
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 168-h of the correction law, as amended by chapter
     2  11 of the laws of 2002, subdivisions 1 and 2 as amended by chapter 1  of
     3  the laws of 2006, is amended to read as follows:
     4    § 168-h. Duration of registration and verification. 1. The duration of
     5  registration  and  verification  for  a  sex  offender who [has not been
     6  designated a sexual predator, or a sexually violent offender, or a pred-
     7  icate sex offender, and who is classified as a level one risk,  or  who]
     8  has not yet received a risk level classification, [shall be annually for
     9  a period of twenty years from the initial date of registration.
    10    2.  The  duration  of registration and verification for a sex offender
    11  who, on or after March eleventh, two thousand two, is designated a sexu-
    12  al predator, or a sexually violent offender, or a predicate  sex  offen-
    13  der,]  or  who  is  classified  as a level one, level two or level three
    14  risk, shall be annually for life. Notwithstanding the foregoing,  a  sex
    15  offender  who  is classified as a level one or level two risk and who is
    16  not designated a sexual predator, a sexually violent offender or a pred-
    17  icate sex offender, may be relieved of the duty to register  and  verify
    18  as  provided  by subdivision one of section one hundred sixty-eight-o of
    19  this article.
    20    [3.] 2. Any sex offender having been designated a level three risk  or
    21  a  sexual predator shall also personally verify his or her address every
    22  ninety calendar days with the local law enforcement agency having juris-
    23  diction where the offender resides.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09860-01-9
        A. 5894                             2
     1    § 2. Subdivision 8 of section 168-l of the correction law, as  amended
     2  by chapter 1 of the laws of 2006, is amended to read as follows:
     3    8.  A  failure  by a state or local agency or the board to act or by a
     4  court to render a determination within the time period specified in this
     5  article shall not affect the obligation of the sex offender to  register
     6  or verify under this article nor shall such failure prevent a court from
     7  making  a  determination regarding the sex offender's level of notifica-
     8  tion and whether such offender is required by law to be registered  [for
     9  a period of twenty years or] for life. Where a court is unable to make a
    10  determination   prior  to  the  date  scheduled  for  a  sex  offender's
    11  discharge, parole, release to post-release supervision  or  release,  it
    12  shall  adjourn  the  hearing  until  after  the  offender is discharged,
    13  paroled, released to post-release supervision  or  released,  and  shall
    14  then expeditiously complete the hearing and issue its determination.
    15    §  3. Subdivision 1 of section 168-o of the correction law, as amended
    16  by chapter 1 of the laws of 2006, is amended to read as follows:
    17    1. Any sex offender who is classified as a  level  one  or  level  two
    18  risk,  and  who has not been designated a sexual predator, or a sexually
    19  violent offender, or a predicate sex offender, who is required to regis-
    20  ter or verify pursuant to this article and who has been registered for a
    21  minimum period of thirty years may be relieved of any  further  duty  to
    22  register  upon  the  granting of a petition for relief by the sentencing
    23  court or by the court which made the determination regarding duration of
    24  registration and level of notification. The sex offender shall bear  the
    25  burden  of proving by clear and convincing evidence that his or her risk
    26  of repeat offense and threat to public safety is such that  registration
    27  or verification is no longer necessary. Such petition, if granted, shall
    28  not  relieve  the  petitioner  of  the duty to register pursuant to this
    29  article upon conviction of any offense  requiring  registration  in  the
    30  future. Such a petition shall not be considered more than once every two
    31  years.  In  the  event  that  the  sex offender's petition for relief is
    32  granted, the district attorney may appeal as of  right  from  the  order
    33  pursuant  to the provisions of articles fifty-five, fifty-six and fifty-
    34  seven of the civil practice  law  and  rules.  Where  counsel  has  been
    35  assigned  to  represent  the  sex  offender upon the ground that the sex
    36  offender is financially unable to retain counsel, that assignment  shall
    37  be  continued  throughout the pendency of the appeal, and the person may
    38  appeal as a poor person pursuant to article  eighteen-B  of  the  county
    39  law.
    40    §  4.  This  act  shall take effect immediately and shall apply to all
    41  level one sex offenders registered or required to  register  immediately
    42  prior to the effective date of this act, or who are required to register
    43  on or after such date.