What's happening
This bill amends the definition of out-of-state sex offenses, removing registration requirements based solely on another jurisdiction's sex offender rules.
Why it matters
Narrows who must register in New York as a sex offender based on out-of-state convictions. only those whose offense has “all of the essential elements” of a New York registerable sex offense, or certain specified federal crimes, will be required to register, rather than anyone required to register in another state for any reason.
Prevents automatic registration in New York just because someone is on a registry elsewhere. removes the prior rule that simply being required to register in another state (even for offenses not recognized as sex offenses in NY) triggers registration here, reducing inconsistencies and potential overreach.
Aligns New York's registry with its own legal definitions. ensures that only conduct New York itself considers serious enough for registration will be subject to these requirements, not just whatever another state might have chosen to include, thereby strengthening due process and fairness for people moving into New York.
Could impact people relocating to New York. those previously forced to register in New York because of another state’s broader registry laws may now avoid registration if their crime wouldn't qualify under New York's standards, potentially affecting employment, housing, and community reintegration.
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Who cares
People with out-of-state felony convictions
The bill would remove registration requirements in the jurisdiction of conviction as a standalone basis for treating their convictions as sex offenses or sexually violent offenses in New York.
New York sex offender registry administrators
They would need to apply the remaining statutory criteria rather than rely solely on another jurisdiction’s registration requirement.
Defense attorneys representing out-of-state offenders
The bill would make the remaining offense definitions, including essential-element comparisons for sexually violent offenses, central to determining how New York treats their clients’ convictions.
Headline styles
Tighten Sex Offender Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to correction
- Print number 3966a
- Amend (t) and recommit to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Sex Offender Law
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3966--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN, O'DONNELL, COLTON, AUBRY -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to the definitions of a sexually violent offender and sex offense as applied to out-of-state offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of section 168-a of the correction law, subparagraph (ii) as amended by chapter 11 of the laws of 2002 and subparagraph (iii) as amended by chapter 232 of the laws of 2008, are amended to read as follows:
(ii) [a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred or, (iii)] any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime of conviction are substantially the same as those which are a part of such offense as of the date on which this subparagraph takes effect.
§ 2. Paragraph (b) of subdivision 3 of section 168-a of the correction law, as amended by chapter 11 of the laws of 2002, is amended to read as follows:
(b) a conviction of an offense in any other jurisdiction which includes all of the essential elements of any such felony provided for in paragraph (a) of this subdivision [or conviction of a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred].
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07211-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.