S356-2011 Actions

• May 2, 2012: referred to correction
• May 1, 2012: DELIVERED TO ASSEMBLY
• May 1, 2012: PASSED SENATE
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.538
• 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 9, 2011: ADVANCED TO THIRD READING
• May 4, 2011: 2ND REPORT CAL.
• May 3, 2011: 1ST REPORT CAL.525
• Jan 5, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S356-2011 Meetings

S356-2011 Calendars

S356-2011 Votes

S356-2011 Memo

BILL NUMBER:S356

TITLE OF BILL:
An act
to amend the correction law, in relation to level three designation for
certain sex offenders

PURPOSE:
To mandate that any offender required to register pursuant to the
Sexual Offender Registration Act will be designated "level three" if
their offense was committed against a child of ten years or less.

SUMMARY OF PROVISIONS:
Amends paragraph (c) of subdivision 6 of section 168-1 of the
correction law as amended by chapter 318 and 680 of the laws of 2005.

JUSTIFICATION:
The genesis of New York State's Sexual Offender Registration Act
(SORA) is rooted in the tragic death of a young child at the hands of
a repeat sexual predator in New Jersey. Communities under S0RA, have
an expectation that they will be notified if a sexual predator
resides in their midst. But, this is not necessarily so; in fact this
is probably not the case. Notification is not mandatory and it has
recently come to light that there is a massive 7800 case backlog with
respect to risk assessment.
This bill would mandate a "level three" designation for all offenders
convicted of committing or attempting to commit sex offenses against
children aged ten years or less. Pursuant to the correction law, all
level three offenders must be maintained on a sub-directory by the
state. This sub-directory shall be made available at all times on the
internet via the division homepage. Therefore, this bill would
effectively guarantee a community's ability to be aware of the
presence of a sexual offender of young children in their surroundings.

LEGISLATIVE HISTORY:
2004:    S.7035 - Passed Senate
2007-08: S.1702 - Passed Senate
2009-10: S.406 - Referred to Crime, Crime Victims and Corrections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

S356-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          356
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  ROBACH -- 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 level three desig
 nation for certain sex offenders
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The opening paragraph of paragraph (c) of subdivision 6 of
 section 168-l of the correction law, as separately amended  by  chapters
 318 and 680 of the laws of 2005, is amended to read as follows:

 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.  IF THE SEX OFFENDER HAS A CONVICTION OF OR A  CONVICTION  FOR
 AN  ATTEMPT TO COMMIT AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY
 OR TWO HUNDRED SIXTY-THREE OR SECTION 135.25,  230.06,  230.32,  255.25,
 255.26  OR  255.27  OF THE PENAL LAW AND WHERE THE VICTIM OF THE RELATED
 OFFENSE IS LESS THAN ELEVEN YEARS OLD A LEVEL THREE DESIGNATION SHALL BE
 GIVEN TO SUCH SEX OFFENDER. In [such] EITHER 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 offen
 der, exact address, address of the offender's place of employment, 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,
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01917-01-1
 
       S. 356                              2
 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] IN THIS PARAGRAPH 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.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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