NY State Senate Bill 2009-S4740

Senate Bill S4740

2009-2010 Legislative Session

Establishes the sex offender alert line to permit members of the public to request notification of the residence of a registered sex offender in certain zip codes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Apr 27, 2009	referred to crime victims, crime and correction

2009-S4740 (ACTIVE) - Details

See Assembly Version of this Bill:: A383
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §168-pp, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1961
2013-2014: A1494
2015-2016: A801
2017-2018: A892

2009-S4740 (ACTIVE) - Summary

Establishes the sex offender alert line to permit members of the public to request notification of the residence of a registered sex offender within certain zip codes; provides that notification will be requested and made by telephone or via the internet; provides that it shall be limited to such information as is otherwise legally permitted to be divulged; immunizes the state from liability for failure to notify.

2009-S4740 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4740

 TITLE OF BILL :  An act to amend the correction law, in relation to
establishing the sex offender alert line

 PURPOSE OF BILL: : To enhance the toll-free sex offender registry
hotline to offer the option for a caller to receive telephone and/or
email notification if a sex offender moves into their area.

 SUMMARY OF PROVISIONS: : The legislation adds a new section 168-pp to
the correction law that includes:

1. Establishes the toll-free Sex Offender Alert Line;

2. Such alerts may be automated by the Division of Criminal Justice
Services (DCJS);

3. A preamble must be played when a caller utilizes the toll-free
hotline;

4. The alert line shall receive calls 24 hours a day, seven days a
week;

5. Upon a sex offender locating within one of the callers requested
alert areas, attempts to contact the caller will be made during
certain hours;

6. DCJS shall also provide an option on their website to sign up for
the sex offender alert system;

7. Information provided by a person who wishes notification shall not
be divulged to any person or entity.

 JUSTIFICATION: : In an attempt to provide the community with
up-to-date information, the sex offender alert line enhances the
notification process to keep people informed. While many people try to
keep themselves informed about sexual predators in their area, they
may not have the time to check the registry on a more frequent basis.
The sex offender alert line offers the chance for a caller to sign up
and automatically receive an alert when a sex offender moves into
their area, thus proactively notifying those who choose to be
alerted.-

 LEGISLATIVE HISTORY: : New bill in the Senate.

 FISCAL IMPLICATIONS :  Undetermined.

 EFFECTIVE DATE: : This act shall take effect 180 days after it shall
become law.

2009-S4740 (ACTIVE) - Bill Text download pdf

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

                                  4740

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- 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 establishing the  sex
  offender alert line

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

  Section 1. The correction law is amended by adding a new section  168-
pp to read as follows:
  S  168-PP. SEX OFFENDER ALERT LINE. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-B OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE  A  TELE-
PHONE NUMBER, VIA THE SAME SPECIAL TELEPHONE NUMBER ESTABLISHED PURSUANT
TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THIS ARTICLE, TO BE KNOWN AS THE
SEX  OFFENDER  ALERT  LINE,  THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF
CHARGE TO INQUIRE AS TO WHETHER OR NOT ANY PERSON LISTED ON THE REGISTRY
IS KNOWN TO THE DIVISION TO RESIDE WITHIN ANY ONE OF THREE AREAS, DESIG-
NATED BY POSTAL ZIP CODES, PROVIDED BY THE CALLER. THE CALLER  SHALL  BE
REQUIRED  TO  PROVIDE A TELEPHONE NUMBER TO BE CALLED BY THE DIVISION TO
FACILITATE NOTICE TO THE CALLER.  THE CALLER SHALL BE REQUIRED TO SPECI-
FY WHETHER A NOTIFICATION MAY BE GIVEN ONLY TO THE CALLER PERSONALLY  OR
GIVEN  TO  AN  ANSWERING  MACHINE.  THE CALLER SHALL ALSO BE REQUIRED TO
SPECIFY WHETHER OR NOT THE BREAK PERIOD IS TO BE OBSERVED.
  2. THE DIVISION MAY AUTOMATE SUCH SEX OFFENDER ALERT LINE ONLY TO  THE
EXTENT PROVIDED IN THIS SECTION.  THE DIVISION SHALL DIVULGE SUCH INFOR-
MATION  AS  IS  OTHERWISE  PERMITTED BY LAW TO BE DIVULGED, AND NEED NOT
DIVULGE VIA TELEPHONE ANY IMPRACTICAL AMOUNT  OF  INFORMATION,  BUT  MAY
DIRECT  THE  RECIPIENT  OF THE CALL TO APPROPRIATE RESOURCES FOR FURTHER
INFORMATION, INCLUDING BUT NOT LIMITED TO THE DIVISION'S HOMEPAGE ON THE
INTERNET.
  3. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION: (A) NOTICE THAT THE CALL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02567-01-9

S. 4740                             2

ER'S  TELEPHONE NUMBER WILL BE RECORDED; (B) THAT THERE IS NO CHARGE FOR
USE OF THE TELEPHONE NUMBER; (C) NOTICE THAT THE CALLER IS  REQUIRED  TO
IDENTIFY  HIMSELF OR HERSELF TO THE OPERATOR AND PROVIDE CURRENT ADDRESS
AND  SHALL BE MAINTAINED IN A WRITTEN RECORD; (D) NOTICE THAT THE CALLER
IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR OLDER; (E) A WARNING THAT  IT
IS  ILLEGAL  TO USE INFORMATION OBTAINED THROUGH THE TELEPHONE NUMBER TO
COMMIT A CRIME AGAINST  ANY  PERSON  LISTED  OR  TO  ENGAGE  IN  ILLEGAL
DISCRIMINATION  OR  HARASSMENT AGAINST SUCH PERSON; (F) A STATEMENT THAT
THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY SUSPECTED CRIMINAL ACTIV-
ITY SHOULD BE REPORTED TO LOCAL AUTHORITIES; AND (G) A STATEMENT THAT AN
INFORMATION PACKAGE WHICH WILL INCLUDE A DESCRIPTION OF THE LAW AND  SEX
ABUSE  AND ABDUCTION PREVENTION MATERIALS IS AVAILABLE UPON REQUEST FROM
THE DIVISION. SUCH  INFORMATION  PACKAGE  SHALL  INCLUDE  QUESTIONS  AND
ANSWERS REGARDING THE MOST COMMONLY ASKED QUESTIONS ABOUT THE SEX OFFEN-
DER  REGISTRATION  ACT,  AND  CURRENT SEX ABUSE AND ABDUCTION PREVENTION
MATERIAL.
  4. THE SEX OFFENDER ALERT LINE SHALL ACCEPT CALLS FROM MEMBERS OF  THE
PUBLIC  TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK. NOTIFICATIONS TO
CALLERS SHALL BE MADE AS TO ANY REGISTERED SEX OFFENDERS RESIDING WITHIN
THE GIVEN AREAS AS OF THE TIME WHEN THE CALL IS PLACED  AND  AS  TO  ANY
REGISTERED  SEX  OFFENDERS  ENTERING  RESIDENCE  WITHIN  THE GIVEN AREAS
SUBSEQUENT TO THE TIME WHEN THE CALL IS PLACED.
  5. UPON DETERMINING THAT ANY REGISTERED SEX OFFENDER RESIDES WITHIN  A
PROVIDED  AREA, THE SEX OFFENDER ALERT LINE SHALL ATTEMPT TO PLACE CALLS
TO ALL PERSONS WHO HAVE REQUESTED NOTIFICATION FOR SUCH AREAS EVERY  TWO
HOURS  DURING  PERIODS  BEGINNING  AT  7:00 A.M. AND ENDING AT 9:00 P.M.
UNTIL THE OPERATOR HAS CONFIRMED THE IDENTITY OF THE  PERSON  REQUESTING
THE  ALERT  AND GIVEN THE ALERT TO SUCH PERSON, OR GIVEN THE ALERT TO AN
ANSWERING MACHINE, IF SO AUTHORIZED, WHICH GIVING OF  THE  ALERT  TO  AN
ANSWERING MACHINE MAY BE PERFORMED BY AN AUTOMATED PROCESS.  CALLS SHALL
NOT BE MADE BETWEEN THE HOURS OF 3:00 P.M. TO 6:00 P.M. (THE BREAK PERI-
OD,  TO  PREVENT  CHILDREN FROM RECEIVING SUCH CALLS) IF SO SPECIFIED BY
THE MEMBER OF THE PUBLIC. THE NOTIFICATION SHALL  BE  CAPABLE  OF  BEING
LEFT ON A TELEPHONE ANSWERING MACHINE.
  6. IN ADDITION, THE DIVISION SHALL OFFER THE SERVICE OF THE SEX OFFEN-
DER  ALERT  LINE  ON  THE  DIVISION'S HOMEPAGE ON THE INTERNET. WHEN THE
INTERNET OPTION IS USED, THE SAME SERVICE,  FREE  OF  CHARGE,  SHALL  BE
OFFERED, SUBJECT TO THE FOLLOWING MODIFICATIONS:
  (A)  ADDITIONAL INFORMATION NOT REQUIRED TO BE PROVIDED OVER THE TELE-
PHONE PURSUANT TO SUBDIVISION TWO OF THIS SECTION MAY  BE  PROVIDED  VIA
THE INTERNET;
  (B)  THE  PREAMBLE  INFORMATION  REQUIRED BY SUBDIVISION THREE OF THIS
SECTION SHALL STATE THAT  THE  INTERNET  USER  MUST  FURNISH  AN  E-MAIL
ADDRESS, WHICH WILL BE RECORDED, AND MAY OPTIONALLY FURNISH A  TELEPHONE
NUMBER, WHICH WILL ALSO BE RECORDED;
  (C) THE INTERNET USER SHALL BE AFFORDED THE OPTION OF RECEIVING NOTICE
BY  TELEPHONE ALONE AS PROVIDED FOR IN THIS SECTION, BY E-MAIL ALONE, OR
BY BOTH TELEPHONE AND E-MAIL;
  (D) WHEN E-MAIL NOTIFICATION IS AUTHORIZED, SUCH NOTICE SHALL BE  SENT
AT  THE SAME TIME AS A TELEPHONE CALL WOULD BE PLACED OR IS BEING PLACED
IN ADDITION TO THE E-MAIL NOTIFICATION; AND
  (E) E-MAIL NOTIFICATION MAY BE MADE BY AN AUTOMATED PROCESS.
  7. INFORMATION PROVIDED BY A  PERSON  REQUESTING  SEX  OFFENDER  ALERT
NOTIFICATION SHALL NOT BE USED OR DIVULGED TO ANYONE EXCEPT AS NECESSARY
TO  CARRY  OUT  THE  PROVISIONS  OF  THIS SECTION OR FOR LAW ENFORCEMENT
PURPOSES.

S. 4740                             3

  8. IN NO CASE SHALL THE STATE BE HELD LIABLE FOR  FAILURE  TO  PROVIDE
ANY NOTIFICATION REQUIRED BY THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law;  provided that the division of criminal
justice services is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary to implement this  act  on
its effective date on or before such date.

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