Relates to the residence and domicile of sex offender registrants.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Hassell-Thomps, Hoylman, Smith
TITLE OF BILL: An act to amend the correction law, in relation to the sex offender registry
PURPOSE OR GENERAL IDEA OF BILL:
Defines "residence" or "domicile" for clarification in the sex offender registry law and directs the division to develop a notification procedure for mandatory reporting by offenders who have multiple residences or domiciles.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the sex offender registry law by adding a new section defining "residence" or "domicile" to mean any place where an offender intends to reside on either full time or part time. Nothing will prohibit an offender from having multiple residences or domiciles.
Section 2: Amends the sex offender registry law by adding a new section which requires offenders with multiple residences or domiciles to report their second domicile or residence within ten days of establishing an additional domicile or residence in a manner directed by the division.
Section 3: Effective date.
The purpose of this bill is to define "domicile" or "residence" in the sex offender registry law. It also requires offender's to register with the division any additional domiciles or residences within ten days of establishing additional domiciles or residences as defined by the statute, The division will determine the manner in which an offender reports such additional domicile or residence.
Under current law, offenders are only required to register their primary residence with the division There is a section on the sex offender registry for optional reporting of a secondary residence or domicile, however there is no requirement to report such residence or domicile. This has caused issues when offenders spend significant amounts of time at a place other than their registered primary domicile or residence. Local law enforcement and residents are not informed of the presence of an offender in their secondary residence or domicile, which renders them unable to properly put protective measures in place.
This legislation leaves the manner of reporting to be established by the division Nothing about this legislation will prohibit a person from having multiple residences or domiciles for the purpose of this article.
PRIOR LEGISLATIVE HISTORY:
Minimal to State
This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 6202 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. BONACIC -- 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 sex offender registry THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-a of the correction law is amended by adding a new subdivision 19 to read as follows: 19. "RESIDENCE" OR "DOMICILE" MEANS ANY PLACE WHERE AN OFFENDER INTENDS TO RESIDE ON EITHER A FULL OR PART TIME BASIS. NOTHING SHALL PROHIBIT, FOR THE PURPOSES OF THIS ARTICLE ONLY, A PERSON FROM HAVING MULTIPLE RESIDENCES OR DOMICILES. S 2. Paragraph (a) of subdivision 1 of section 168-b of the correction law, as amended by chapter 67 of the laws of 2008, is amended to read as follows: (a) The sex offender's name, all aliases used, date of birth, sex, race, height, weight, eye color, driver's license number, home address and/or expected place of domicile, any internet accounts with internet access providers belonging to such offender and internet identifiers that such offender uses. THE DIVISION SHALL QUERY OFFENDERS ON EACH REGISTRATION FORM WHETHER SUCH OFFENDER HAS MULTIPLE RESIDENCES OR DOMI- CILES AS DEFINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE AND SHALL DEVELOP EXAMPLES OF WHEN A PERSON SHALL BE DEEMED TO HAVE MULTIPLE RESIDENCES OR DOMICILES. IF AN OFFENDER ACQUIRES OR ESTABLISHES ANY ADDITIONAL RESIDENCES OR DOMICILES DURING A REGISTRATION PERIOD, SUCH OFFENDER SHALL, WITHIN TEN DAYS, NOTIFY ANY POLICE DEPARTMENT OF SUCH ADDITIONAL RESIDENCES OR DOMICILES IN THE MANNER DIRECTED BY THE DIVISION. S 3. This act shall take effect on the ninetieth day after it shall have become a law; provided that, the division of criminal justice services shall, within one hundred eighty days of such date notify each offender of their affirmative obligation to update registration informa- tion to detail any changes required by this act.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11771-02-3