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

                                  10974

                          I N  A S S E M B L Y

                               May 5, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law, in relation to  the  definition  of,
  and information provided about, sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (e) of subdivision 2  of  section  168-a  of  the
correction  law,  as added by chapter 69 of the laws of 2003, is amended
to read as follows:
  (e) a conviction of OR A CONVICTION FOR AN ATTEMPT TO  COMMIT  any  of
the  provisions  of  subdivision two, three or four of section 250.45 of
the penal law, unless upon motion by the  defendant,  the  trial  court,
having  regard  to  the nature and circumstances of the crime and to the
history and character of the defendant, is of the opinion that registra-
tion would be unduly harsh and inappropriate.
  S 2. Paragraph (b) of subdivision 6 of section 168-l of the correction
law, as amended by chapter 106 of the laws of 2006, is 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 and description  of  the  offender  and  which  may
include  the  exact  name  and  any  aliases  used  by the sex offender,
[approximate] EXACT address [based on sex offender's  zip  code],  back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17045-01-0

A. 10974                            2

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.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (e) of subdivision 2 of section 168-a of the
correction law made by section 1 of this  act  shall  apply  to  persons
convicted  of  an attempt to commit any of the provisions of subdivision
two, three or four of section 250.45 of the penal law who committed such
offense prior to, on or after the effective date  of  this  act;  except
that,  with  regard  to  persons who committed such offense prior to the
effective date of this act, this act shall only  apply  to  persons  who
have  not  completed  service  of the sentence for such offense prior to
such effective date.