A5661-2011 Actions

• Sep 23, 2011: signed chap.513
• Sep 12, 2011: delivered to governor
• Jun 15, 2011: RETURNED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 15, 2011: 3RD READING CAL.1269
• Jun 15, 2011: SUBSTITUTED FOR S1521
• Jun 1, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jun 1, 2011: delivered to senate
• Jun 1, 2011: passed assembly
• May 26, 2011: advanced to third reading cal.465
• May 24, 2011: reported
• May 17, 2011: reported referred to codes
• Feb 24, 2011: referred to correction

A5661-2011 Votes

A5661-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5661
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 24, 2011
 
 Introduced by M. of A. WEISENBERG, COLTON, M. MILLER, GIBSON, ZEBROWSKI,
 SPANO,  GABRYSZAK, BROOK-KRASNY, MAYERSOHN, RAIA -- Multi-Sponsored by
 -- M. of A. CROUCH, FINCH, MAISEL, McKEVITT, SWEENEY, THIELE  --  read
 once and referred to the Committee on Correction
 

AN ACT to amend the correction law, in relation to the definition of and
 information provided about sex offenders
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph (e) of subdivision 2  of  section  168-a  of  the
 correction  law,  as added by chapter 69 of the laws of 2003, is amended
 to read as follows:

 (e) a conviction of OR A CONVICTION FOR AN ATTEMPT TO  COMMIT  any  of
 the  provisions  of  subdivision two, three or four of section 250.45 of
 the penal law, unless upon motion by the  defendant,  the  trial  court,
 having  regard  to  the nature and circumstances of the crime and to the
 history and character of the defendant, is of the opinion that registra
 tion would be unduly harsh and inappropriate.
 

S 2. Paragraph (b) of subdivision 6 of section 168-l of the correction
 law, as amended by chapter 106 of the laws of 2006, is amended  to  read
 as follows:

 (b) If the risk of repeat offense is moderate, a level two designation
 shall  be  given  to such sex offender. In such case the law enforcement
 agency or agencies having jurisdiction and the law enforcement agency or
 agencies having had jurisdiction at the time of his  or  her  conviction
 shall  be  notified and may disseminate relevant information which shall
 include a photograph and description  of  the  offender  and  which  may
 include  the  exact  name  and  any  aliases  used  by the sex offender,
 [approximate] EXACT address [based on sex offender's  zip  code],  back
 ground information including the offender's crime of conviction, mode of
 operation, type of victim targeted, the name and address of any institu
 tion of higher education at which the sex offender is enrolled, attends,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05018-01-1
 
       A. 5661                             2
 is employed or resides and the description of special conditions imposed
 on the offender to any entity with vulnerable populations related to the
 nature of the offense committed by such sex offender. Any entity receiv
 ing  information  on  a sex offender may disclose or further disseminate
 such information at its discretion.  In  addition,  in  such  case,  the
 information  described herein shall also be provided in the subdirectory
 established in this article and notwithstanding any other  provision  of
 law,  such  information  shall,  upon  request, be made available to the
 public.
 Such law enforcement agencies shall compile,  maintain  and  update  a
 listing  of  vulnerable organizational entities within its jurisdiction.
 Such listing shall be utilized for notification of such organizations in
 disseminating such information on level two sex  offenders  pursuant  to
 this  paragraph.  Such  listing  shall  include  and  not be limited to:

 superintendents of schools or chief school  administrators,  superinten
 dents  of parks, public and private libraries, public and private school
 bus transportation companies, day care centers,  nursery  schools,  pre
 schools,  neighborhood  watch  groups,  community centers, civic associ
 ations, nursing homes, victim's advocacy groups and places of worship.
 

S 3. This act shall take effect immediately, provided,  however,  that
 the amendments to paragraph (e) of subdivision 2 of section 168-a of the
 correction  law  made  by section one of this act shall apply to persons
 convicted of an attempt to commit any of the provisions  of  subdivision
 2,  3 or 4 of section 250.45 of the penal law who committed such offense
 prior to, on or after the effective date of this act; except that,  with
 regard to persons who committed such offense prior to the effective date
 of this act, this act shall only apply to persons who have not completed
 service of the sentence for such offense prior to such effective date.

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