Requires that websites providing inmate information be searchable by the inmate's name, former name or alias.
Ayes (9): Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Montgomery, Hoylman, Rivera
Ayes W/R (3): Gallivan, Little, Peralta
Nays (1): Hassell-Thompson
TITLE OF BILL: An act to amend the correction law, in relation to requiring that websites providing inmate information be searchable by the inmate's name, former name or alias
PURPOSE: To allow the public to be able to search the Department of Corrections inmate information look-up database by the inmate's current legal name, their former legal name or any known alias.
SUMMARY OF PROVISIONS: Section 1. Provides that any website that allows the public to search for inmate information will be programmed in such a way to allow for the public to search by the inmate's current name, any former legal name or any other known alias of the inmate.
JUSTIFICATION: When an inmate legally changes their name the general public and more specifically victims of the inmate's crime, may not be made aware of this name change. As a result the public, and more importantly the victim, will no longer be able to search for the inmate by the inmate's former name. This causes significant problems for victims trying to access information on the inmate. In order to make searching easier for victims of crimes website that allows the public to search for inmate information should be searchable by the inmate's current name and any former name. This way if a victim is unaware that an inmate changed his or her name, the victim will still be able to search for the inmate by his or her former name.
LEGISLATIVE HISTORY: 2012 - S.7303 - Referred to Crime Victims, Crime and Corrections
FISCAL IMPLICATIONS: Needs to be determined.
EFFECTIVE DATE: Shall take effect on the ninetieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 1209 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. CARLUCCI -- 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 requiring that websites providing inmate information be searchable by the inmate's name, former name or alias THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9 of the correction law, as added by section 2 of part OO of chapter 56 of the laws of 2010, is amended to read as follows: S 9. Access to inmate information via the internet. Notwithstanding any provision of law to the contrary, any information relating to the conviction of a person, except for a person convicted of an offense that would make such person ineligible for merit time under section eight hundred three of this chapter or an offense for which registration as a sex offender is required as set forth in subdivision two or three of section one hundred sixty-eight-a of this chapter, that is posted on a website maintained by or for the department, under article six of the public officers law, may be posted on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision; provided, however, that in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-re- lease supervision arising from the most recent commitment to the depart- ment; PROVIDED FURTHER, HOWEVER, THAT ANY SUCH WEBSITE THAT ALLOWS THE PUBLIC TO SEARCH FOR INMATE INFORMATION SHALL BE PROGRAMMED IN SUCH AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05338-01-3 S. 1209 2
MANNER THAT THE SEARCH MAY BE SUCCESSFUL BY INPUT OF THE INMATE'S CURRENT NAME, ANY FORMER LEGAL NAME OR ANY OTHER KNOWN ALIAS OF THE INMATE. S 2. This act shall take effect on the ninetieth day after it shall have become a law.