Relates to level three designation for certain sex offenders under the sex offender registration act; provides for a level three designation under the sex offender registration act for persons convicted of or a conviction for an attempt to commit an offense contained in article 130 (sexual offenses) or 263 (sexual performance by a child) or section 135.25 (kidnapping in the first degree), section 230.06 (patronizing a prostitute in the first degree), section 230.32 (promoting prostitution in the first degree) or section 255.25, 255.26, or 255.27 (incest) of the penal law where the victim of the related offense is less than eleven years old.
Ayes (11): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Kennedy
Ayes W/R (3): Montgomery, Kruger, Peralta
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Montgomery, Parker
Ayes (12): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Kennedy, Peralta, Espaillat
Ayes W/R (1): Rivera
Nays (1): Montgomery
Ayes (55): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (3): Montgomery, Parker, Perkins
Excused (3): Hannon, Martins, Valesky
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.
STATE OF NEW YORK ________________________________________________________________________ 356 2011-2012 Regular Sessions IN 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.