S7569-2011 Actions

• Jun 19, 2012: SUBSTITUTED BY A9229
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1316
• Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 5, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S7569-2011 Meetings

S7569-2011 Calendars

S7569-2011 Votes

S7569-2011 Memo

BILL NUMBER:S7569

TITLE OF BILL:
An act
to amend the correction law, in relation to maintaining up to date
photographs of sex offenders subsequent to release

PURPOSE:
This bill will ensure that photographs for level three sex offenders
or sexual predators are updated and are an accurate representation of
their most current physical appearances.

SUMMARY OF PROVISIONS:
Section one amends subdivision 3 of section 168-f of the correction
law to provide that a law enforcement agency may take a new photo of
a person designated as a level 3 sex offender or a sexual predator if
such offender's appearance has changed. Such offenders are required
to personally appear to law enforcement every 90 days to verify their
address. If a new photograph is taken at the 90 day appearance, the
law enforcement agency shall promptly forward a copy of such
photograph to the division of criminal justice services.

Section two is the effective date.

JUSTIFICATION:
Recently, a woman in Utica, NY, was sexually assaulted and murdered by
a serial rapist named Robeli Blainey. Blainey had been released
from prison in 2009 after raping two women and attempting to rape a
young girl in the 198Os. Blaine failed to check-in with his state
parole officer, and police were given a mugshot photo of Blainey to
help look for him. However, the photo was outdated and pictured
Blainey with a shaved head and glasses, while unbeknownst to the
public he had grown out his hair and a facial goatee.

This legislation ensures that photographs of level three sex offenders
or sexual predators are up-to-date. Also, it requires that the law
enforcement agency forwards a copy of the photograph to the division.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None.

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

S7569-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7569
 I N  SENATE
 June 5, 2012
 
 Introduced  by  Sen.  GRIFFO -- 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 maintaining up to
 date photographs of sex offenders subsequent to release
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  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 every ninety 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.  AT SUCH TIME THE LAW ENFORCEMENT AGENCY HAVING
 JURISDICTION  MAY  TAKE  A  NEW  PHOTOGRAPH  OF  SUCH SEX OFFENDER IF IT
 APPEARS THAT THE OFFENDER HAS HAD A CHANGE IN APPEARANCE SINCE THE  MOST
 RECENT  PHOTOGRAPH  TAKEN PURSUANT TO PARAGRAPH (B-2) OF SUBDIVISION TWO
 OF THIS SECTION. IF SUCH PHOTOGRAPH IS TAKEN, THE LAW ENFORCEMENT AGENCY
 SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTOGRAPH TO  THE  DIVISION.  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,  hospital  or  institution and shall immediately
 recommence on the date of the sex offender's release.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14206-01-2

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