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.

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S4860-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Apr 27, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S4860-2011 Memo

BILL NUMBER:S4860

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.

S4860-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4860

                         2011-2012 Regular Sessions

                              I N  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  ninety

   EXPLANATION--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.