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STATE OF NEW YORK
________________________________________________________________________

4871--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 8, 2011
___________

Introduced  by M. of A. SIMOTAS, P. RIVERA, REILLY, M. MILLER, CASTELLI,
  MENG, HOOPER -- Multi-Sponsored by -- M. of A. CERETTO,  CROUCH,  RAIA
  --  read once and referred to the Committee on Correction -- recommit-
  ted to the Committee on Correction in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the correction law, in relation to the registration of
  sex offenders

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

  Section  1.  Subdivision  6 of section 168-b of the correction law, as
amended by chapter 106 of the laws  of  2006,  is  amended  to  read  as
follows:
  6. The division shall also establish a [subdirectory] DIRECTORY pursu-
ant to section one hundred sixty-eight-q of this article.
  S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraph (a) as amended by chapter 106 of the laws
of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
paragraph (c) as separately amended by chapters 318 and 680 of the  laws
of 2005, are amended to read as follows:
  (a)  If  the  risk  of  repeat offense is low, a level one 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  may
include  a  photograph  and  description  of  the offender and which may
include the name of the sex offender, approximate address based  on  sex
offender's  zip  code,  background  information including the offender's
crime of conviction, modus of operation, type of  victim  targeted,  the
name and address of any institution of higher education at which the sex
offender   is   enrolled,  attends,  is  employed  or  resides  and  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06228-03-2
A. 4871--A                          2

description of special conditions imposed on the offender to any  entity
with vulnerable populations related to the nature of the offense commit-
ted  by  such  sex  offender.  Any entity receiving information on a sex
offender  may  disclose  or  further disseminate such information at its
discretion. IN ADDITION, IN EACH SUCH CASE, THE NAME OF THE  SEX  OFFEN-
DER,  A  PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON
THE SEX OFFENDER'S ZIP CODE SHALL ALSO  BE  PROVIDED  IN  THE  DIRECTORY
ESTABLISHED IN THIS ARTICLE.
  (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, exact
address,  background  information  including  the  offender's  crime  of
conviction,  mode  of  operation,  type of victim targeted, the name and
address of any institution of higher education at which the sex offender
is enrolled, attends, 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  receiving  information  on  a  sex  offender  may
disclose  or  further disseminate such information at its discretion. In
addition, in such case, the information described [herein] IN THIS PARA-
GRAPH shall also be provided in the [subdirectory] DIRECTORY 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.
  (c) If the risk of repeat offense is high and there exists a threat to
the  public  safety a level three 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 sex offender's
exact name and any aliases used by the offender, exact address,  address
of  the offender's place of employment, background information including
the offender's crime of conviction, mode of operation,  type  of  victim
targeted, the name and address of any institution of higher education at
which  the sex offender is enrolled, attends, 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 receiving  information  on  a
sex offender may disclose or further disseminate such information at its
discretion.  In addition, in such case, the information described [here-
in] IN THIS PARAGRAPH shall  also  be  provided  in  the  [subdirectory]
DIRECTORY  established  in  this  article  and notwithstanding any other
A. 4871--A                          3

provision of law, such information shall, upon request, be  made  avail-
able 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 three 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.  Section 168-q of the correction law, as added by chapter 192 of
the laws of 1995, the section heading as amended by chapter 106  of  the
laws  of  2006,  subdivision  1 as amended by chapter 532 of the laws of
2011, is amended to read as follows:
  S 168-q. [Subdirectory] DIRECTORY; internet posting.  1. The  division
shall  maintain a [subdirectory of level two and three] DIRECTORY OF sex
offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
  (A) IN THE CASE OF A SEX OFFENDER WHO  HAS  BEEN  GIVEN  A  LEVEL  ONE
DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
PHOTOGRAPH  OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE SEX
OFFENDER'S ZIP CODE.
  (B) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A  LEVEL  TWO  OR
THREE  DESIGNATION,  THE  DIRECTORY  shall  include  the  exact address,
address of the offender's place of employment and photograph of the  sex
offender along with the following information, if available: name, phys-
ical  description,  age and distinctive markings. Background information
including the sex offender's crime of conviction,  modus  of  operation,
type  of  victim  targeted,  the  name and address of any institution of
higher education at which the sex  offender  is  enrolled,  attends,  is
employed  or  resides and a description of special conditions imposed on
the sex offender shall also be included. [The  subdirectory  shall  have
sex offender listings categorized by county and zip code. Such subdirec-
tory  shall be made available at all times on the internet via the divi-
sion homepage. Any person may apply to the division to receive automated
e-mail notifications whenever a new or updated subdirectory registration
occurs in a geographic area specified by such person. The division shall
furnish such service at no charge to  such  person,  who  shall  request
e-mail  notification  by  county  and/or zip code on forms developed and
provided by the  division.  E-mail  notification  is  limited  to  three
geographic areas per e-mail account.]
  (C)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA
ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
WHO MOVES INTO THE PERSON'S ZIP CODE.  SUCH  NOTICE  SHALL  INCLUDE  ALL
INFORMATION  AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
  2. Any person who uses information disclosed pursuant to this  section
in  violation  of the law shall in addition to any other penalty or fine
imposed, be subject to a fine of not less than five hundred dollars  and
not more than one thousand dollars. [Unauthorized removal or duplication
A. 4871--A                          4

of  the  subdirectory  from the offices of local, village or city police
department shall be punishable by a fine  not  to  exceed  one  thousand
dollars.]  In  addition, the attorney general, any district attorney, or
any person aggrieved is authorized to bring a civil action in the appro-
priate  court requesting preventive relief, including an application for
a permanent or temporary injunction, restraining order, or  other  order
against  the person or group of persons responsible for such action. The
foregoing remedies shall be independent of any other remedies or  proce-
dures that may be available to an aggrieved party under other provisions
of law.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.