Expands the information that will be maintained on sex offenders by the division of criminal justice services

Summary of provisions

Section 1 amends paragraphs (a) and (e) and adds a new paragraph (e1) to subdivision 1 of section 168-b of the Correction Law to provide that information in the Sex Offender Registry maintained by the Division of Criminal Justice Services include the license plate number and description of any motor vehicle owned or operated by the sex offender, the employment address and/or expected place of employment of the sex offender regardless of risk level and the criminal history of the sex offender.

Section 2 amends subdivisions 1 and 2 of section 168-c of the Correction Law to require that all sex offenders provide their employment address or place of employment.

Section 3 and 4 amends subdivision 2 of section 168-d and subdivision 1 of section 168-e of the Correction Law to require sex offenders to provide their employment address and/or expected place of employment.

Section 5 amends subdivisions 2 and 4 of section 168-f of the Correction Law to require that level 3 offenders personally appear at the law enforcement agency having jurisdiction every 3 months for the purpose of providing a current photograph of the offender. Level 2 offenders must personally appear every 6 months and level 1 offenders must personally appear annually. All sex offenders must also personally appear at the law enforcement agency having jurisdiction within 3 days after any change of name or address or change in status at an institution of higher education.

Section 6 amends subdivisions 4 and 5 of section 168-j of the Correction Law with regard to sex offenders providing their employment address or place of employment.

Section 7 amends subdivision 2 of section 168-k of the Correction Law to require that the sex offenders convicted in another jurisdiction who establish residence in New York provide such information as is required by DCJS.

Section 8 amends paragraph (a), (b) and (c) of subdivision 6 of section 168-1 of the Correction Law, paragraph (a) as amended by Chapter 106 of the Laws of 2006, paragraph (b) as amended by Chapter 513 of the Laws of 2011 and paragraph (c) as separately amended by Chapters 318 and 680 of the Laws of 2005, are amended to conform the provisions of those paragraphs to Correction Law section 168-q with regard to information provided to the public in the subdirectory.

Section 9 amends subdivision 1 of section 168-q of the Correction Law, as amended by Chapter 532 of the Laws of 2011 with regard to the information on sex offenders which the Division of Criminal Justice Services may include in the subdirectory posted by the Division on the Internet.

Section 10 amends Correction Law section 168-t to provide that the penalty for failure to register or verify, or for a violation of section 168-v shall be a class D felony.

Section 11 is the effective date.

Justification

The "Adam Walsh Child Protection and Safety Act of 2006" (P.L. 109-248) which became effective in July of 2006 requires that states provide additional information in the Sex Offender Registry and also provides a criminal penalty that includes a maximum term of imprisonment that is greater than one year for the failure of a sex offender to comply with the requirements of the Sex Offender Registration Act.

Any state that fails to substantially implement the requirement of P.L.109-248 shall not receive 10% of the funds that would otherwise be allocated under the Omnibus Crime Control and Safe Streets Act of 1968 (42U.S.C. 3750 et seq.). This bill implements the requirements of P.L. 109-248.

Legislative history

2011/2012 - S.1531A - Referred to Crime Victims, Crime & Correction 2009/2010 - S.1486 - Referred to Crime Victims, Crime & Correction 2007/2008 - S.1772 - Passed Senate, Non-Controversial

Fiscal implications

To be determined.

Effective date

November 1 after enactment and applies to sex offenders registered or required to register immediately prior to the effective date and to all sex offenders required on or after the effective date.