Requires drivers licenses issued to registered sex offenders to bear a code identifying them as sex offenders

BILL NUMBER:S4860

Title of bill

An act to amend the correction law and the vehicle and traffic law, in relation to identifying registered sex offenders

Purpose

To require that certain sex offenders have their driver's license reflect their criminal status and to create a statewide motor vehicle registry of sex offenders which would be made available, upon request, to state and local law enforcement agencies.

Summary of provisions

Amends Section 168-B of the Correction Law to add a new Subdivision which enables the division to aid in the identification of registered sex offenders by making information available to the Commissioner of Motor Vehicles.

Amends Section 168-D of the Correction Law by adding a new Subdivision to state that upon a conviction as a sex offender, the court shall take possession of his/her driver's license and shall tender to the sex offender a temporary license, directing he/she report to the Department of Motor Vehicles for a replacement license. Upon a sex offender being relieved of the duty to register, the Department of Motor Vehicles shall issue a license without the sex offender code printed upon the license at no charge.

Adds a new Subdivision to Section 168-1 of the Correction Law which indicates that sex offenders register with the Department of Motor Vehicles and that State and local law enforcement agencies shall share all information regarding such offenders. Neighbors of such sex offenders shall be notified by the law enforcement agency having jurisdiction of the sex offender's presence (any resident within a radius of200 hundred feet of the sex offender's residence shall be deemed a neighbor).

Adds two Subdivisions to Section 507 of the Vehicle and Traffic Law authorizing the Commissioner of Motor Vehicles to require that every license issued to or received by a person registered as a sex offender with the Department by the Division of Criminal Justice Services, bear a lettered code designated to identify such person as a registered sex offender. The Commissioner shall charge a $25 fee for the replacement license.

The Commissioner shall create a statewide database establish containing the registration information gathered. Such database shall, upon request, be made available to State and local law enforcement agencies.

Justification

This legislation is aimed at protecting victims of sex offenders. Sex offenders have one of the highest recidivism rates. This legislation is a compliment to Megan's Law, yet takes the realm of protection one step further. Since sex offenders may move from state to state, they

avoid registering their status. The man convicted of murdering Megan Kanka had been twice convicted of child molestation before moving to Megan's New Jersey neighborhood. This bill would allow other states to identify sex offenders by their driver's license. In addition, when a person applies for a license in a different state, the indication on the license will alert the Department of Motor Vehicles as to their sex offender status. This will compel the person to register with that state's "Sex Offender Register." It would also alert police when checking the identification of a suspicious person lurking near a school, park, etc.

Legislative history

A.2536 - 2004 A.10091 - 2008

Fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become a law.