Requires department of motor vehicles to provide police officers with information on level 3 sex offenders based on license or registration inquiry

2 Co-sponsors

• Thomas F. O'Mara
• Greg Ball

23 Multi-sponsors

• Thomas Alfano
• George Amedore
• James Bacalles
• William A. Barclay
• Daniel Burling
• James Conte
• Clifford Crouch
• Janet Duprey
• Gary Finch
• Stephen Hawley
• Brian Kolb
• Thomas McKevitt
• Joel Miller
• Marcus Molinaro
• Robert Oaks
• Jack Quinn III
• Andrew Raia
• Bill Reilich
• Teresa Sayward
• Dierdre Scozzafava
• Mike Spano
• Fred Thiele
• David Townsend

BILL NUMBER:A10532

Title of bill

An act to amend the vehicle and traffic law and the correction law, in relation to requiring the department of motor vehicles to provide certain information on level three sex offenders to police officers and peace officers making an inquiry relating to a driver's license, non-driver identification card or motor vehicle registration

Purpose or general idea of bill

Requires that the Commissioner of Motor Vehicles shall maintain an updated list of Level 3 sex offenders, including name, aliases, photograph and other background information. This information shall be electronically accessible upon request by any police or peace officer when conducting an inquiry relating to a driver's license, non-driver ID or vehicle registration.

Summary of specific provisions

This legislation would add a new paragraph 8 to §20 1 of the Vehicle and Traffic Law requiring that the Commissioner of Motor Vehicles accept and maintain information, provided by the Commissioner of Criminal Justice, on level 3 sex offenders. Upon a written or electronic request by any police or peace officer relating to a person's driver's license or non-driver ID, the Commissioner of Motor Vehicles shall transmit, to the officer, any information relating to the license or registration holder's status as a level 3 sex offender. This bill also adds language to paragraph (c) of subdivision 6 of section 168-1 of the Correction Law to include the Department of Motor Vehicles in the list of agencies which shall be notified of level 3 sex offender information.

Justification

Currently, a police officer does not have access to this information about the subject of an investigative stop, or a traffic stop. Granting police rapid, electronic access to this information in the same manner as a driving abstract or pending arrest warrant allows a police or peace officer the ability to put a person's actions in context and more accurately assess whether the intentions of a subject, for example, sitting in an idling car outside of a middle school, are innocuous or potentially sinister. This gives police and peace officers the ability to assess the risks posed to themselves, any passengers in the car and any bystanders or neighborhood residents, and more effectively protect the communities they serve.

Prior legislative history

2008: A.5911; Held for consideration in Transportation

2007: A.5911; Referred to Transportation

Fiscal implications

None.

Effective date

This bill shall take effect on the first of January next succeeding the date on which it shall have become a law.