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

Summary of provisions

Section 1 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.

Section 2 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.

Section 3 provides that sex offenders designated as sexual predators must personally verify his or her address with the local law enforcement agency having jurisdiction every ninety calendar days after the date of release or commencement of parole.

Section 4 amends subdivision 3 of section 168-f of the correction law, as amended by chapter 364 of the laws of 2012, by adding a new subdivision providing 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 of 200 hundred feet of the sex offender's residence shall be deemed a neighbor).

Section 5 adds two Subdivisions to Section 507 of the Vehicle and Traffic Law. Subdivision six authorizes 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. Subdivision seven creates a statewide database establish containing the registration information gathered. Such database shall, upon request, be made available to State and local law enforcement agencies.

Section 6 is the effective date.

Justification

The objective of this legislation is to protect the victims of sex offenders. Sex offenses are among the highest recidivism crimes. This legislation is a compliment to Megan's Law, by requiring identification of sex offender status on that person's driver license. One of the problems with sex offender registration is that as offenders move from state to state, they, at time, avoid re-registering their offender status. The man convicted of murdering Megan Kanka, for whom Megan's Law is named, had twice been convicted of child molestation before moving to Megan's New Jersey neighborhood.

With this legislation, not only would an individual register on a state's "Sex Offender Register," but also when such individual applies for a license in a different state, the indication on their license will alert the Department of Motor vehicles as to their sex offender status. This identification will compel the person to register with that state's "Sex Offender Register." It would also alter police when checking the identification of a suspicious person. This bill is necessary to fully protect victims of sexual offenses and as such it is imperative that this bill pass.

Legislative history

2011-2012: S.4860; 2013-2014: S.3917

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.