What's happening
This bill requires level one sex offenders in New York to register for life, with the possibility to petition for relief after thirty years.
Why it matters
Extends lifetime registration to level one sex offenders. , significantly increasing how long lower-risk offenders are publicly tracked and monitored, which could impact their ability to reintegrate into society and access housing or employment.
Establishes a path for relief after 30 years. for level one offenders, but places the burden of proof on the individual to show by “clear and convincing evidence” that they no longer pose a risk—a much higher standard than most routine legal burdens.
Applies retroactively. , meaning anyone currently registered as a level one sex offender, or those required to register in the future, will be subject to these new, longer registration requirements, not just new offenders going forward.
May lead to increased court activity. as individuals seek relief after 30 years, potentially straining judicial resources and prolonging the involvement of law enforcement and the courts in monitoring older, possibly low-risk cases.
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Who cares
Level one sex offenders
The bill would replace the 20-year registration period with lifetime annual registration and verification, including for those already registered or required to register when it takes effect.
Defense attorneys representing registered sex offenders
Eligible level one offenders could petition for relief after 30 years but would have to prove by clear and convincing evidence that registration or verification is no longer necessary.
Sentencing courts and courts setting registration requirements
These courts would consider relief petitions from level one offenders who are not designated sexual predators, sexually violent offenders or predicate sex offenders, with petitions considered no more than once every two years.
District attorneys
They could appeal as of right from orders granting eligible level one offenders relief from registration.
Headline styles
Lifetime Registry for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5894
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
Introduced by M. of A. ENGLEBRIGHT, BARNWELL -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to requiring level one sex offenders to register for life and providing that such sex offenders may petition for relief after thirty years
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-h of the correction law, as amended by chapter 11 of the laws of 2002, subdivisions 1 and 2 as amended by chapter 1 of the laws of 2006, is amended to read as follows:
§ 168-h. Duration of registration and verification. 1. The duration of registration and verification for a sex offender who [has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, and who is classified as a level one risk, or who] has not yet received a risk level classification, [shall be annually for a period of twenty years from the initial date of registration.
2. The duration of registration and verification for a sex offender who, on or after March eleventh, two thousand two, is designated a sexual predator, or a sexually violent offender, or a predicate sex offender,] or who is classified as a level one, level two or level three risk, shall be annually for life. Notwithstanding the foregoing, a sex offender who is classified as a level one or level two risk and who is not designated a sexual predator, a sexually violent offender or a predicate sex offender, may be relieved of the duty to register and verify as provided by subdivision one of section one hundred sixty-eight-o of this article.
[3.] 2. Any sex offender having been designated a level three risk or a sexual predator shall also personally verify his or her address every ninety calendar days with the local law enforcement agency having jurisdiction where the offender resides.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09860-01-9
A. 5894 2
§ 2. Subdivision 8 of section 168-l of the correction law, as amended by chapter 1 of the laws of 2006, is amended to read as follows:
8. A failure by a state or local agency or the board to act or by a court to render a determination within the time period specified in this article shall not affect the obligation of the sex offender to register or verify under this article nor shall such failure prevent a court from making a determination regarding the sex offender's level of notification and whether such offender is required by law to be registered [for a period of twenty years or] for life. Where a court is unable to make a determination prior to the date scheduled for a sex offender's discharge, parole, release to post-release supervision or release, it shall adjourn the hearing until after the offender is discharged, paroled, released to post-release supervision or released, and shall then expeditiously complete the hearing and issue its determination.
§ 3. Subdivision 1 of section 168-o of the correction law, as amended by chapter 1 of the laws of 2006, is amended to read as follows:
1. Any sex offender who is classified as a level one or level two risk, and who has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, who is required to register or verify pursuant to this article and who has been registered for a minimum period of thirty years may be relieved of any further duty to register upon the granting of a petition for relief by the sentencing court or by the court which made the determination regarding duration of registration and level of notification. The sex offender shall bear the burden of proving by clear and convincing evidence that his or her risk of repeat offense and threat to public safety is such that registration or verification is no longer necessary. Such petition, if granted, shall not relieve the petitioner of the duty to register pursuant to this article upon conviction of any offense requiring registration in the future. Such a petition shall not be considered more than once every two years. In the event that the sex offender's petition for relief is granted, the district attorney may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fiftyseven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law.
§ 4. This act shall take effect immediately and shall apply to all level one sex offenders registered or required to register immediately prior to the effective date of this act, or who are required to register on or after such date.
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.