Defines residence under the sex offender registry act.
Ayes (11): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Hoylman, Peralta, Rivera
Nays (1): Montgomery
Excused (1): Little
Ayes (57): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Montgomery, Parker, Perkins
Excused (3): Krueger, Libous, Sanders
TITLE OF BILL: An act to amend the correction law, in relation to defining residence under the sex offender registry act
PURPOSE: This bill would define residency under the sex offender registry act in order to enhance public safety.
SUMMARY OF PROVISIONS: Section 1. Defines residency as any place of abode, domicile or inhabitance where a convicted sex offender spends or intends to spend more than two days a week.
JUSTIFICATION: Currently sex offenders are required to register at their primary residence which leaves a significant loophole that is often exploited. A sex offender can easily register at one residence and yet still spend a significant amount of time at another location. This situation allows a sex offender to essentially register at one address and live somewhere else. Which violates the spirit and intent of the sex offender registry and endangers the public. This legislation seeks to close this loophole in the law by defining residence, and thereby requiring a convicted sex offender to affirmatively comply with the intent of the law in any location that he or she spends more than two days a week.
PRIOR LEGISLATIVE HISTORY: S1194; Referred to Correction
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 1073 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MAZIARZ -- 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, in relation to defining residence under the sex offender registry act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-a of the correction law is amended by adding a new subdivision 19 to read as follows: 19. "RESIDENCE" MEANS ANY PLACE OF ABODE, DOMICILE OR INHABITANCE WHERE A CONVICTED SEX OFFENDER SPENDS OR INTENDS TO SPEND MORE THAN TWO DAYS A WEEK. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02096-01-3