What's happening
This bill amends the correction law to narrow which out-of-state sex offenses require registration in New York, removing automatic registration based solely on out-of-state requirements.
Why it matters
Eliminates automatic registration in NY for people convicted of out-of-state felonies solely because the other state requires registration. , meaning registration now depends on whether the underlying crime matches New York’s legal definitions, not another state’s registry rules.
Creates a more uniform and predictable standard for who must register as a sex offender in New York. , reducing the risk that people convicted of relatively minor or differently defined offenses elsewhere are automatically swept into NY’s registry.
May reduce the number of people required to register in New York after moving from out-of-state. , particularly those whose offenses do not closely align with NY law, potentially impacting housing, employment, and community integration for these individuals.
Shifts greater emphasis to the actual conduct involved in the conviction rather than administrative determinations by other states. , aiming to ensure that only those whose offenses meet New York’s criteria are subject to the state’s sex offender registration requirements.
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Who cares
Headline styles
Tighten Sex Offender Law
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Print number 2696a
- Amend (t) and recommit to crime victims, crime and correction
- Referred to crime victims, crime and 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 Rules
In Assembly Committee · Correction · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2696--A
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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.
LBD07211-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
This measure would amend section 168-a 'of the Correction Law to correct an apparent error in the definition of a "sexually violent offender" as it pertains to out-of-state offenders who establish residence in this State.
Correction Law section 168-a (1) defines a "sex offender" to include a person convicted of either a "sex offense" or a "sexually violent offense" as those teams are defined in § 168-a (2) and (3) respectively. An offender who has committed a "violent sex offense," however, is treated more harshly than the one who commits only a "sex offense." A "sexually violent offender," for instance, must register-annually for life regardless of the risk level ascribed, and is never eligible to be relieved from the duty to register (Corrections Law § 168-h (2)).
For offenders who have been convicted of crimes within New York, deter- mining whether an offender has committed a "sex offense" or a "violent sex offense" involves a straightforward reference to the Penal Law section the offender was convicted of violating. As applied to out-of- state offenders, however, the statute provides that a "sex offense" includes a conviction for "a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdic- tion in which the conviction occurred"(Corrections Law § .168-a (2) (d)(ii)).
A "sexually violent offense" is defined, in part, as an offense in any other jurisdiction which includes all of the essential elements of any such felony provided for in para-graph (a) of this subdivision if the definition ended there the treatment of in-state and out-of-state offen- ders would be consistent because paragraph (a) of the subdivision simply enumerates the Penal Law offenses which are denominated violent for purposes of the statute. The definition of a "sexually violent offense" continues, however, as follows:
"or a felony in any other jurisdiction for which the offender is required to register as a sex offender in which the conviction occurred" (Correction Law § 168 (3)(b) emphasis supplied). The final phrase of the definition is therefore identical to the definition of a "sex offense," and therefore collapses the distinction between violent and non-violent sex offenses, at least as it applies to out-of-state offenders who reside in New York.
We believe that the Legislature's likely intention was to reserve the more serious "sexually violent offense" category to out-of-state convictions under statutes that match the elements of sexually violent felonies under New York law; and that that situation is covered by the first part of Correction Law section 168 (3)(b). The second part of the sentence, which tracks the language of section 168a 2(d)(ii), was presumably included in error. This measure therefore corrects that error by deleting the errant phrase. This measure, which would have no mean- ingful fiscal impact on the State, would take effect immediately.
Legislative history
A.10612 was referred to correction and advanced to the third reading cal. 817 in 2010. A.7290 Passed Assembly 2011, Passed Assembly 2012. A.4586 Passed Assembly 2013, Passed Assembly 2014. A1692 was referred to correction in 2016, 2018.
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.