S1449C-2011 Actions

• May 30, 2012: referred to correction
• May 30, 2012: DELIVERED TO ASSEMBLY
• May 30, 2012: PASSED SENATE
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.681
• Apr 13, 2012: PRINT NUMBER 1449C
• Apr 13, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to correction
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• May 23, 2011: AMENDED ON THIRD READING 1449B
• Mar 10, 2011: ADVANCED TO THIRD READING
• Mar 9, 2011: 2ND REPORT CAL.
• Mar 9, 2011: AMENDED 1449A
• Mar 8, 2011: 1ST REPORT CAL.188
• Jan 7, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1449C-2011 Meetings

S1449C-2011 Calendars

S1449C-2011 Votes

S1449C-2011 Memo

BILL NUMBER:S1449C

TITLE OF BILL:
An act to amend the correction law, in relation to required notification
by school districts of sex offender residence; and to amend the educa-
tion law, in relation to apportionment to school districts for certain
expenses related to sex offender notification

PURPOSE:
This bill would require that a school district shall distribute informa-
tion on sex offenders residing within the school district to the parents
of its students.

SUMMARY OF PROVISIONS:
Paragraphs (b) and (c) of subdivision 6 of section 168-1 of the
correction law, 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.

JUSTIFICATION:
Megan's Law requires level two and level three sex offenders resister
with local law enforcement agencies, who may distribute information
including the offenders name, picture, address, location of employment
and background information.

This legislation would require a school district, upon receiving this
information from law enforcement officials, to distribute the informa-
tion to the parents of its students.

The rate of recidivism among sex offenders is very high, as such, it is
important that the public is aware of any dangerous offenders who may be
living in their neighborhood. The information is currently available to
the public, but many parents are not aware of this, or do not know where
to look to find the information. Sending the offenders' profiles to the
parents in the school district provides an extra assurance that each
household has the invaluable information that could protect their chil-
dren from dangerous predators.

This legislation provides funding to reimburse the school districts for
their costs related to complying with this requirement.

LEGISLATIVE HISTORY:
2009-10: S.1176
2007-08: S.7819

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on July 1, next succeeding the date
it becomes a law.

S1449C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1449--C                                            A. 1402--C
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 7, 2011
 
 IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Crime  Victims,  Crime  and Correction -- reported favorably from said
 committee, ordered to first report, amended on first  report,  ordered
 to  a  second report and ordered reprinted, retaining its place in the
 order of second report -- ordered to  a  third  reading,  amended  and
 ordered  reprinted,  retaining its place in the order of third reading
 -- recommitted to the Committee on Crime Victims, Crime and Correction
 in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
 to the Committee on Correction -- committee discharged, bill  amended,
 ordered  reprinted  as  amended  and  recommitted to said committee -
 again reported from said committee with amendments, ordered  reprinted
 as  amended  and  recommitted  to said committee -- recommitted 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 required notification
 by school districts of sex offender residence; and to amend the educa
 tion law, in relation to apportionment to school districts for certain
 expenses related to sex offender notification
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
 the  correction law, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03736-04-2
 
       S. 1449--C                          2                         A. 1402--C
 (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 ,
 PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH  INFORMA
 TION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINISTRATOR, SHALL
 DISSEMINATE  SUCH  INFORMATION  TO  THE  PERSON  OR  PERSONS IN PARENTAL
 RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE  EDUCATION
 LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT.  In addition,
 in such case, the information described [herein] IN THIS  SECTION  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.
 (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, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS,  UPON  RECEIPT  OF
 SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS
 TRATOR,  SHALL  DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN
 PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  OF  THE
 EDUCATION  LAW,  OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. In
 addition, in such case, the information described herein shall  also  be
 
       S. 1449--C                          3                         A. 1402--C
 provided  in  the  subdirectory established in this article and notwith
 standing 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 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 2. The education law is amended by adding a new section 3605 to read
 as follows:

 

S  3605.  APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER
 SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES  EXPENDED
 IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION,
 AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF
 ITS  STUDENTS  REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN
 SUCH SCHOOL DISTRICTS.
 

S 3. This act shall take effect on the first of July  next  succeeding
 the  date  on  which  it  shall  have  become  a law, and shall apply to
 expenses incurred by school districts after such effective date.

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