Bill S579-2013

Requires registered sex offenders to personally appear at the law enforcement agency having jurisdiction for purpose of having a photograph taken; repealer

Requires registered sex offenders to personally appear annually, within thirty days of the anniversary of their initial registration date, at the law enforcement agency having jurisdiction for the purpose of having a photograph taken; failure to so appear shall constitute a class A misdemeanor; such agency shall forward a copy of the photograph to the division of criminal justice services, along with the date the photograph was taken; requires disclosure of the date that a photograph of a sex offender was taken.

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  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

BILL NUMBER:S579

TITLE OF BILL: An act to amend the correction law, in relation to the registration of sex offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of such law relating thereto

PURPOSE: This bill would require registered sex offenders to have a new photograph taken each year and to have such photograph included in their sex offender registration. Also requires the date such photograph was taken to accompany the information.

SUMMARY OF PROVISIONS: Requires all registered sex offenders to personally appear at law enforcement agencies having jurisdiction for the purpose of providing a current photograph of such offender. The law enforcement agency is to forward the photograph to the Division of Criminal Justice Services along with the date such photograph was taken. The date of such photograph shall accompany all registry information.

EXISTING LAW: Pictures of sex offenders who are required to register pursuant to the Sex Offender Registration Act are included in the initial information provided to the sex offender registry. However, there is no requirement that photographs of these offenders be updated to reflect changes in their appearance.

JUSTIFICATION: Although a picture of a sex offender is included in the information initially required to be provided to the sex offender registry, there is no requirement under current law that a new picture of the sex offender be taken and provided to the registry when the appearance of the sex offender changes. Sex offenders are now required to register for a minimum of ten years, and some are required to register for their lifetime. Given the passage of time, it is inevitable that the appearance of the sex offender will change from the time that their pictures were initially taken. If the purpose of the sex offender registry is to be carried out, it is important that updated photographs and the date such photograph was taken be provided to the registry so that the public can be aware of the current appearance of convicted offenders.

LEGISLATIVE HISTORY: 2012: Senate Bill 2508-A (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill 4906-A (Simotas) - Died in Assembly Corrections Committee 2010: Assembly Bill 5263 (Gianaris) - Died in Assembly Corrections Committee 2008: Assembly Bill

4993 (Gianaris) - Died in Assembly Corrections Committee 2006: Assembly Bill 4403 (Gianaris) - Died in Assembly Corrections Committee 2004: Senate Bill 3925-A (Skelos) Passed Senate 57-1 (6/2/04); Passed Senate 57-1 (2/9/04); Passed Senate 59-1 (5/19/03) 2004: Assembly Bill 8320-A (Rules/Gianaris) - Died in Assembly Corrections Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 579 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GIANARIS -- 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 the registration of sex offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 168-b of the correction law, as amended by section 1 of part O of chapter 56 of the laws of 2005, is amended to read as follows: (b) A photograph, INCLUDING THE DATE SUCH PHOTOGRAPH WAS TAKEN, IF KNOWN, and set of fingerprints. For a sex offender given a level three designation, the division shall, during the period of registration, update such photograph once each year. For a sex offender given a level one or level two designation, the division shall, during the period of registration, update such photograph once every three years. The divi- sion shall notify the sex offender by mail of the duty to appear and be photographed at the specified law enforcement agency having jurisdic- tion. Such notification shall be mailed at least thirty days and not more than sixty days before the photograph is required to be taken pursuant to subdivision two of section one hundred sixty-eight-f of this article. S 2. Paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of the correction law are REPEALED and a new paragraph (b-2) is added to read as follows: (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE SEX OFFENDER'S INITIAL REGISTRATION DATE, THE SEX OFFENDER SHALL PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN WHICH THE SEX OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION AND SHALL IMMEDIATELY RECOMMENCE ON THE DATE OF THE SEX OFFENDER'S RELEASE. S 3. Paragraph (c-1) of subdivision 2 of section 168-f of the correction law, as added by section 2 of part O of chapter 56 of the laws of 2005, is amended to read as follows: (c-1) If the sex offender, to whom a notice has been mailed at the last reported address pursuant to paragraph [b] (B) of subdivision one of section one hundred sixty-eight-b of this article, fails to personally appear at the law enforcement agency having jurisdiction, as provided in paragraph (b-2) [or (b-3)] of this subdivision, within [twenty] THIRTY days of the anniversary of the sex offender's initial registration, or an alternate later date scheduled by the law enforce- ment agency having jurisdiction, he or she shall be in violation of this section. The duty to personally appear for such updated photograph shall be temporarily suspended during any period in which the sex offender is confined in any hospital or institution, and such sex offender shall personally appear for such updated photograph no later than ninety days after release from such hospital or institution, or an alternate later date scheduled by the law enforcement agency having jurisdiction. S 4. Section 168-j of the correction law is amended by adding a new subdivision 6 to read as follows: 6. THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A SEX OFFENDER WHO PERSONALLY APPEARS PURSUANT TO PARAGRAPH (B-2) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG WITH THE DATE THE PHOTOGRAPH WAS TAKEN. S 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l of the correction law, paragraph (b) as amended by chapter 513 of the laws of 2011 and paragraph (c) as separately amended by chapters 318 and 680 of the laws of 2005, are amended to read as follows: (b) If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such 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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, and description of the offender and which may include the exact name and any aliases used by the sex offender, exact address, background information including the offender's crime of conviction, mode of opera- tion, type of victim targeted, the name and address of any institution 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- 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 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. Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level two sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superinten- dents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre- schools, neighborhood watch groups, community centers, civic associ- ations, nursing homes, victim's advocacy groups and places of worship. (c) 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. In such 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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, and description of the offender and which may include the sex offender's exact name and any aliases used by the offender, exact address, address of the offender's place of employment, background information including the offender's crime of conviction, mode of operation, type of victim targeted, the name and address of any institution 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 receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described herein 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. Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level three sex offenders pursuant to this paragraph. Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superinten- dents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre- schools, neighborhood watch groups, community centers, civic associ- ations, nursing homes, victim's advocacy groups and places of worship. S 6. Subdivision 1 of section 168-q of the correction law, as amended by chapter 532 of the laws of 2011, is amended to read as follows: 1. The division shall maintain a subdirectory of level two and three sex offenders. The subdirectory shall include the exact address, address of the offender's place of employment and photograph of the sex offender, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along with the following information, if available: name, physical description, age and distinctive markings. Background information including the sex offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and a description of special conditions imposed on the sex offender shall also be included. The subdirectory shall have sex offender listings categorized by county and zip code. Such subdirectory shall be made available at all times on the internet via the division homepage. Any person may apply to the division to receive automated e-mail notifications whenever a new or updated subdirectory registration occurs in a geographic area specified by such person. The division shall furnish such service at no charge to such person, who shall request
e-mail notification by county and/or zip code on forms developed and provided by the division. E-mail notification is limited to three geographic areas per e-mail account. S 7. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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