Requires state driver's licenses to indicate whether the holder is a registered sex offender; makes additional amendments regarding sex offender registration obligations and dissemination of information.
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 reflect their criminal status and to create a statewide motor vehicle registry of sex offenders which would be made available, upon request, to state and local law enforcement agencies.
SUMMARY OF PROVISIONS: Amends Section 168-B of the Correction Law to add a new Subdivision which enables the division to aid in the identification of registered sex offenders by making information available to the Commissioner of Motor Vehicles.
Amends Section 168-D of the Correction Law by adding a new Subdivision to state that upon a conviction as a sex offender, the court shall take possession of his/her driver's license and shall tender to the sex offender a temporary license, directing he/she report to the Department of Motor Vehicles for a replacement license. Upon a sex offender being relieved of the duty to register, the Department of Motor Vehicles shall issue a license without the sex offender code printed upon the license at no charge.
Adds a new Subdivision to Section 168-1 of the Correction Law which indicates that sex offenders register with the Department of Motor Vehicles and that State and local law enforcement agencies shall share all information regarding such offenders. Neighbors of such sex offenders shall be notified by the law enforcement agency having jurisdiction of the sex offender's presence (any resident within a radius of200 hundred feet of the sex offender's residence shall be deemed a neighbor).
Adds two Subdivisions to Section 507 of the Vehicle and Traffic Law authorizing the Commissioner of Motor Vehicles to 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, bear a lettered code designated to identify such person as a registered sex offender. The Commissioner shall charge a $25 fee for the replacement license.
The Commissioner shall create a statewide database establish containing the registration information gathered. Such database shall, upon request, be made available to State and local law enforcement agencies.
JUSTIFICATION: This legislation is aimed at protecting victims of sex offenders. Sex offenders have one of the highest recidivism rates. 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 a different 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: A.2536 - 2004 A.10091 - 2008
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4860 2011-2012 Regular Sessions IN SENATE April 27, 2011 ___________Introduced by Sen. BALL -- 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 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 SUBDIVISION SIX OF SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW. S 2. Section 168-d of the correction law is amended by adding a new subdivision 5 to read as follows: 5. UPON A CONVICTION AS A SEX OFFENDER, THE COURT SHALL TAKE POSSESSION OF HIS OR HER DRIVER'S LICENSE AND SHALL TENDER TO THE SEX OFFENDER A TEMPORARY LICENSE, DIRECTING THAT HE OR SHE REPORT TO THE DEPARTMENT OF MOTOR VEHICLES FOR A REPLACEMENT DRIVER'S LICENSE IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW. UPON A SEX OFFENDER BEING RELIEVED OF THE DUTY TO REGISTER PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE A LICENSE WITHOUT THE SEX OFFENDER CODE PRINTED UPON THE LICENSE AT NO CHARGE. S 3. Subdivision 3 of section 168-f of the correction law, as amended by chapter 11 of the laws of 2002, is amended to read as follows: 3. The provisions of subdivision two of this section shall be applied to a sex offender required to register under this article except that such sex offender designated as a sexual predator or having been given a level three designation must personally verify his or her address with the
[local]law enforcement agency HAVING JURISDICTION every ninetyEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07820-01-1 S. 4860 2
calendar days after the date of release or commencement of parole or post-release supervision, or probation, or release on payment of a fine, conditional discharge or unconditional discharge. The duty to personally verify shall be temporarily suspended during any period in which the sex offender is confined to any state or local correctional facility, hospi- tal or institution and shall immediately recommence on the date of the sex offender's release. S 4. Section 168-l of the correction law is amended by adding a new subdivision 6-a to read as follows: 6-A. SEX OFFENDERS DESIGNATED PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION SIX OF THIS SECTION SHALL, IN ADDITION TO THE OTHER REQUIRE- MENTS OF THIS ARTICLE, REGISTER WITH THE DEPARTMENT OF MOTOR VEHICLES. STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL SHARE ALL INFORMATION REGARDING SUCH OFFENDERS. NEIGHBORS OF SUCH SEX OFFENDERS SHALL BE NOTI- FIED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE SEX OFFENDER'S PRESENCE. ANY RESIDENT WITHIN A RADIUS OF TWO HUNDRED FEET OF THE SEX OFFENDER'S RESIDENCE SHALL BE DEEMED A NEIGHBOR. S 5. 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 SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, BEAR A LETTERED CODE DESIG- NATED BY THE DEPARTMENT, TO IDENTIFY SUCH PERSON AS A REGISTERED SEX OFFENDER. THE COMMISSIONER SHALL CHARGE A TWENTY-FIVE DOLLAR FEE FOR THE REPLACEMENT LICENSE. 7. STATEWIDE SEX OFFENDER DATABASE. THE COMMISSIONER SHALL CAUSE A STATEWIDE DATABASE TO BE ESTABLISHED CONTAINING THE REGISTRATION INFOR- MATION GATHERED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH DATA- BASE SHALL BE MADE AVAILABLE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES UPON REQUEST THEREFROM. S 6. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.