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Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to enacting the "drug dealer registration act"
Purpose
To establish a drug dealer registry which will require individuals who are found guilty of certain drug offenses to register for a 5 year period with the division of criminal justice services which shall notify the law enforcement agency of the municipality in which the individual resides to assist law enforcement and to provide community notification of the individual's whereabouts. Subsequent offenders of a "drug dealer offense" would be required to register for a 10 year period.
Summary of provisions
Section 1: The bill creates a new Article 6B in the Corrections law, The Drug Dealer Registration Act. An individual convicted of or convicted of an attempt to commit an offense which is deemed a "drug dealer offense" shall be required to register with the New York State Division of Criminal Justice Services upon their discharge from a correctional facility, or his or her parole or release.
Read the full memo (801 words)
A "drug dealer offense" is defined as a conviction under Penal law Sections 220.39, 220.41, or 220.43 (Criminal sale of a controlled substance in the third, second, or first degree), Penal law section 220.44 (Criminal sale of a controlled substance in or near school grounds), Penal Law Section 221.55 (Criminal Sale of Marijuana in the First Degree), Penal law Sections 220.31 and 220.34 (Criminal Sale of a controlled substance in the fourth and fifth degree) when the sale is to a victim less than eighteen years old. A "drug dealer offense" would also encompass any person who is twice convicted of Penal law section 220.31, 220.34, or 220.28( Use of a child to commit a controlled substance offense) or convicted of Penal law section 220.31,220.34,220.38 and additionally convicted of a drug dealer offense as defined in this section. Additionally out of state convictions that include essentially the same elements as the above referenced crimes will require registration.
The division of criminal justice services is required to maintain registration information for similar purposes as currently provided under New York's Sex Offender Registry. Information required from those who are required to register under the act including the drug dealer's name, all aliases used, date of birth, sex, race, height, weight, eye color, driver's license number, home address, expected place of domicile, a photograph and fingerprints, a description of the offense committed, date of conviction and imposed sentence. Additionally the name of any place of higher education expected to be attended must be provided.
The Division is required to forward such information to local law enforcement agencies and as well, to maintain a toll free phone number to enable the public to obtain registration information. Additionally the Division must maintain a directory and an Internet posting of the required information.
Existing law
Existing law does not provide for a drug dealer registration program.
Justification
The criminal sale of marijuana and other controlled substances is reaching epidemic proportions in many of our communities. Convicted drug dealers from urban cities are planting roots in small communities
that often lack sufficient resources, or may tax the already limited resources of local law enforcement.
Drug dealers have a significant impact on the quality of life for New York State residents. Activities of these drug dealers cause an increase in street level crimes and violence, and further expose New York's youth to illicit drugs. This type of activity also has a significant economic impact and causes a decrease in property values.
The legislation is similar to Megan's Law that requires sex offenders to register with law enforcement. Sex offenders pose a risk to children and in other instances, adult women. Conversely, drug dealers pose a risk to all people. They threaten the quality of life in our communities and challenge the well-being of our families.
Currently, in the absence of appropriate legislation, drug dealers are able to conceal their criminal past by moving from jurisdiction to jurisdiction and continue in their illicit trade. In some cases when these individuals are encountered by law enforcement, they provide false identification and their true identities are not known until they are arrested and finger printed. Such instances are very frustrating for law enforcement. While the identities of these drug dealers remain unknown, our communities are prey to their deplorable behavior that ultimately threatens the safety of our children.
The federal government has proposed similar legislation establishing a drug dealer registry. Recently, Maine and New Mexico also announced plans to introduce legislation relating to the establishment of a drug dealer registry within their respective states.
Legislative history
2007: S.5980/A.8824 - passed senate/referred to correction 2008: S.5980/A.8824 - passed senate/referred to correction
Fiscal implications
Undetermined.
Local fiscal implications
None.
Effective date
180 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.