Bill Text: NY S04742 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires New York State drivers licenses to indicate if the licensee is a registered sex offender under Megan's Law, the "Sex Offender Registration Act"; makes additional changes regarding registration obligations and distribution of information.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-04-18 - REPORTED AND COMMITTED TO FINANCE [S04742 Detail]

Download: New_York-2011-S04742-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4742
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 18, 2011
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       AN  ACT  to amend the correction law and the vehicle and traffic law, in
         relation to identifying registered sex offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 168-b of the correction law is amended by adding a
    2  new subdivision 13 to read as follows:
    3    13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX
    4  OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI-
    5  CLES IN ORDER TO COMPLY WITH THE  PROVISIONS  OF  SECTION  FIVE  HUNDRED
    6  SEVEN OF THE VEHICLE AND TRAFFIC LAW.
    7    S  2.  Section  168-d of the correction law is amended by adding a new
    8  subdivision 5 to read as follows:
    9    5. UPON A CONVICTION AS A SEX OFFENDER PURSUANT TO THIS  ARTICLE,  THE
   10  COURT  SHALL TAKE POSSESSION OF THE DRIVER'S LICENSE AND SHALL TENDER TO
   11  THE PERSON BEING SENTENCED A  TEMPORARY  LICENSE,  DIRECTING  THAT  SUCH
   12  PERSON  REPORT  TO  THE  DEPARTMENT  OF MOTOR VEHICLES FOR A REPLACEMENT
   13  DRIVER'S LICENSE IN ACCORDANCE WITH  SUBDIVISION  SIX  OF  SECTION  FIVE
   14  HUNDRED  SEVEN  OF  THE  VEHICLE  AND  TRAFFIC  LAW. UPON A PERSON BEING
   15  REMOVED FROM THE REGISTRATION REQUIREMENT, THE DEPARTMENT OF MOTOR VEHI-
   16  CLES SHALL ISSUE A LICENSE WITHOUT THE SEX OFFENDER  CODE  PRINTED  UPON
   17  THE LICENSE AT NO CHARGE.
   18    S  3. Subdivision 3 of section 168-f of the correction law, as amended
   19  by chapter 11 of the laws of 2002, is amended to read as follows:
   20    3. The provisions of subdivision two of this section shall be  applied
   21  to  a  sex  offender required to register under this article except that
   22  such sex offender designated as a sexual predator or having been given a
   23  level three designation must personally verify his or her  address  with
   24  the  local  law enforcement agency, OR WITH THE STATE POLICE IF THERE BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09722-01-1
       S. 4742                             2
    1  NO LOCAL LAW ENFORCEMENT AGENCY, every ninety calendar  days  after  the
    2  date  of  release or commencement of parole or post-release supervision,
    3  or probation, or release on payment of a fine, conditional discharge  or
    4  unconditional  discharge.  The duty to personally verify shall be tempo-
    5  rarily suspended during any period in which the sex offender is confined
    6  to any state or local correctional facility, hospital or institution and
    7  shall immediately recommence on the date of the sex offender's release.
    8    S 4. Section 168-l of the correction law is amended by  adding  a  new
    9  subdivision 6-a to read as follows:
   10    6-A. SEX OFFENDERS DESIGNATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
   11  SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIREMENTS OF THIS
   12  ARTICLE, REGISTER WITH THE DEPARTMENT OF MOTOR VEHICLES. STATE AND LOCAL
   13  LAW  ENFORCEMENT  AGENCIES  SHALL  SHARE  ALL INFORMATION REGARDING SUCH
   14  OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS  SHALL  BE  NOTIFIED  BY  THE
   15  APPROPRIATE  LAW  ENFORCEMENT AGENCY OF THE SEX OFFENDER'S PRESENCE. ANY
   16  RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF THE SEX OFFENDER'S RESI-
   17  DENCE SHALL BE DEEMED A NEIGHBOR.
   18    S 5. Section 507 of the vehicle and traffic law is amended  by  adding
   19  two new subdivisions 6 and 7 to read as follows:
   20    6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL
   21  REQUIRE  THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON REGISTERED
   22  AS A SEX OFFENDER WITH  THE  DEPARTMENT  BY  THE  DIVISION  OF  CRIMINAL
   23  JUSTICE  SERVICES,  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE
   24  CORRECTION LAW, BEAR A LETTERED CODE DESIGNATED BY  THE  DEPARTMENT,  TO
   25  IDENTIFY SUCH PERSON AS A CONVICTED SEX OFFENDER. THE COMMISSIONER SHALL
   26  CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE.
   27    7. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED
   28  CONTAINING THE REGISTRATION INFORMATION GATHERED PURSUANT TO SUBDIVISION
   29  SIX  OF THIS SECTION. SUCH DATABASE SHALL BE MADE AVAILABLE TO STATE AND
   30  LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM.
   31    S 6. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a law.
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