Requires registered sex offenders to personally appear at the law enforcement agency having jurisdiction for purpose of having a photograph taken; repealer

BILL NUMBER:S2386A

Title of bill

An act to amend the correction law, in relation to the registration of sex offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision 2 of section 168-f of such law relating thereto

Purpose

This bill would require all registered sex offenders to have a new photograph taken each year and to have such photograph included in their sex offender registration. Also requires the date such photograph was taken to accompany the information.

Summary of provisions

Section 1 amends paragraph (b) of subdivision 1 of section 168-b of the correction law requiring that photographs in the sex offender registry include the date on which such photograph was taken and shall be updated annually for all sex offenders.

Section 2 repeals paragraphs (b-2) and (b-3) of subdivision 2 of section 168f of the correction law and adds a new paragraph (b-2) requiring that all registered sex offenders personally appear at law enforcement agencies having jurisdiction for the purpose of providing a current photograph of such offender. The law enforcement agency is directed to forward the photograph to the Division of Criminal Justice Services along with the date such photograph was taken.

Section 3 amends paragraph (c-1) of subdivision 2 of section 168-f of the correction law changes the time for such appearance to 30 days.

Section 4 amends section 168-j of the correction law by adding a new subdivision 6 providing that the law enforcement agency with jurisdiction shall promptly forward the photograph to the division of criminal justice services.

Section 5 amends paragraphs (b) and (c) of subdivision 6 of section 168-1 of the correction law requiring publishing the date of such photographs.

Section 6 amends subdivision 1 of section 168-q of the correction law to require the Division of Criminal Justice Service's database of sex offenders include the dates of such photographs.

Justification

Although a picture of a sex offender is included in the information initially required to be provided to the sex offender registry, Only level 3 offenders are required to appear annually to update the photo. Level 1 and 2 offenders are only required to appear every 3 years. Requiring annual photographs for all offenders will ensure that the information in the registry is accurate and useful to those who access it.

Legislative history

2014: Senate Bill #579 (Gianaris) - Died in Senate Crime Victims, Crime and Corrections Committee. 2012: Senate Bill #2508-A (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill #4906-A (Simotas) - Died in Assembly Corrections Committee 2010: Assembly Bill #5263 (Gianaris) - Died in Assembly Corrections Committee 2008: Assembly Bill #4993 (Gianaris) - Died in Assembly Corrections Committee 2006: Assembly Bill #4403 (Gianaris) - Died in Assembly Corrections Committee 2004: Senate Bill #3925-A (Skelos) - Passed Senate 57-1 (6/2/04); Passed Senate 57-1 (2/9/04); Passed Senate 59-1 (5/19/03) 2004: Assembly Bill #8320-A (Rules/Gianaris) - Died in Assembly Corrections Committee

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.