Bill Text: NY A05894 | 2019-2020 | General Assembly | Introduced
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
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 been6designated a sexual predator, or a sexually violent offender, or a pred-7icate 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 for9a period of twenty years from the initial date of registration.102. The duration of registration and verification for a sex offender11who, on or after March eleventh, two thousand two, is designated a sexu-12al predator, or a sexually violent offender, or a predicate sex offen-13der,] 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. LBD09860-01-9A. 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 [for9a 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.