Requires New York State drivers licenses to indicate if the licensee is a registered sex offender under Megan's Law, the "Sex Offender Registration Act"; makes additional changes regarding registration obligations and distribution of information.
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Espaillat
Ayes W/R (2): Hassell-Thompson, Peralta
Nays (2): Rivera, Montgomery
TITLE OF BILL: An act to amend the correction law and the vehicle and traffic law, in relation to identifying registered sex offenders
PURPOSE: To require that certain sex offenders have their driver's license altered to reflect their criminal status and to create a statewide motor vehicle registry of sex offenders.
SUMMARY OF PROVISIONS: Section 1 amends the Correction Law by adding a new subdivision 13 to make information available to the Commissioner of Motor Vehicles to aid in the identification of registered sex offenders.
Section 2 amends the Vehicle and Traffic Law by identifying sex offenders on their driver's license through the use of a lettered code designated by the department. The Commissioner shall charge a twenty-five dollar fee for the replacement license. The commissioner will cause a statewide database to be established containing registration information gathered on sex offenders and make this information available to state and local law enforcement agencies upon request.
JUSTIFICATION: This legislation is aimed at protecting victims of sex offenders. Sex offenders have one of the highest rates of criminal recidivism. Statistics from the U.S. Department of Justice show that 15 to 20% of treated and paroled sex offenders commit another sex offense within 3 years of release. This legislation is a compliment to Megan's Law, yet takes the realm of protection one step further. Since sex offenders may move from state to state, they avoid registering their status. The man convicted of murdering Megan Kanka had been twice convicted of child molestation before moving to Megan's New Jersey neighborhood. This bill would allow other states to identify sex offenders by their driver's license. In addition, when a person applies for a license in another state, the indication on the license will alert the Department of Motor Vehicles as to their sex offender status. This will compel the person to register with that state's "Sex Offender Register." It would also alert police when checking the identification of a suspicious person lurking near a school, park, etc.
LEGISLATIVE HISTORY: 2011 - 4742
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4742--A 2011-2012 Regular Sessions IN SENATE April 18, 2011 ___________Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- 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 committee AN ACT to amend the correction law and the vehicle and traffic law, in relation to identifying registered sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-b of the correction law is amended by adding a new subdivision 13 to read as follows: 13. THE DIVISION SHALL, TO AID IN THE IDENTIFICATION OF REGISTERED SEX OFFENDERS, MAKE INFORMATION AVAILABLE TO THE COMMISSIONER OF MOTOR VEHI- CLES IN ORDER TO COMPLY WITH THE PROVISIONS OF SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW. S 2. Section 507 of the vehicle and traffic law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. IDENTIFICATION OF SEX OFFENDERS ON LICENSES. THE COMMISSIONER SHALL REQUIRE THAT EVERY LICENSE ISSUED TO OR RECEIVED BY A PERSON REGISTERED AS A SEX OFFENDER WITH THE DEPARTMENT BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, BEAR A LETTERED CODE DESIGNATED BY THE DEPARTMENT, TO IDENTIFY SUCH PERSON AS A CONVICTED SEX OFFENDER. THE COMMISSIONER SHALL CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE. 7. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED CONTAINING THE REGISTRATION INFORMATION GATHERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH DATABASE SHALL BE MADE AVAILABLE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09722-02-2