Bill Text: NY A02019 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that photographs of sex offender registrants shall be contemporaneous with the act of registration.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - referred to correction [A02019 Detail]
Download: New_York-2011-A02019-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2019
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. GALEF -- Multi-Sponsored by -- M. of A. BING,
McENENY, SWEENEY, WEISENBERG -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law and the executive law, in relation to
photographs of sex offender registrants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 1 of section 168-b of the
2 correction law, as amended by section 1 of part O of chapter 56 of the
3 laws of 2005, is amended to read as follows:
4 (b) A photograph and set of fingerprints. THE PHOTOGRAPH SHALL BE
5 CONTEMPORANEOUS WITH THE ACT OF REGISTRATION. For a sex offender given a
6 level TWO OR three designation, the division shall, during the period of
7 registration, update such photograph once each year. For a sex offender
8 given a level one [or level two] designation, the division shall, during
9 the period of registration, update such photograph once every three
10 years. The division shall notify the sex offender by mail of the duty to
11 appear and be photographed at [the] THEIR PROBATION OR PAROLE OFFICE OR
12 OTHER specified law enforcement agency having jurisdiction. Such notifi-
13 cation shall be mailed at least thirty days and not more than sixty days
14 before the photograph is required to be taken pursuant to subdivision
15 two of section one hundred sixty-eight-f of this article. IF A PHOTO-
16 GRAPH CANNOT BE TAKEN AT SUCH TIME, THE DIVISION SHALL PROVIDE A
17 DISCLAIMER EXPLAINING WHEN SUCH PHOTOGRAPH WAS TAKEN.
18 S 2. Paragraphs (b-2) and (c-1) of subdivision 2 of section 168-f of
19 the correction law, as added by section 2 of part O of chapter 56 of the
20 laws of 2005, are amended to read as follows:
21 (b-2) If the sex offender has been given a level TWO OR three desig-
22 nation, he or she shall personally appear at [the] THEIR PROBATION OR
23 PAROLE OFFICE OR OTHER law enforcement agency having jurisdiction within
24 twenty days of the first anniversary of the sex offender's initial
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04156-01-1
A. 2019 2
1 registration and every year thereafter during the period of registration
2 for the purpose of [providing] HAVING a current photograph of such
3 offender TAKEN. The law enforcement agency, PROBATION OR PAROLE OFFICE,
4 OR OTHER AGENCY having jurisdiction shall photograph the sex offender
5 and shall promptly forward a copy of such photograph to the division.
6 For purposes of this paragraph, if such sex offender is confined in a
7 state or local correctional facility, the local law enforcement agency
8 having jurisdiction shall be the warden, superintendent, sheriff or
9 other person in charge of the state or local correctional facility.
10 (c-1) If the sex offender, to whom a notice has been mailed at the
11 last reported address pursuant to paragraph [b] (B) of subdivision one
12 of section one hundred sixty-eight-b of this article, fails to
13 personally appear at the law enforcement PROBATION OR PAROLE OFFICE OR
14 OTHER agency having jurisdiction, as provided in paragraph (b-2) or
15 (b-3) of this subdivision, within twenty days of the anniversary of the
16 sex offender's initial registration, or an alternate later date sched-
17 uled by the law enforcement agency having jurisdiction, he or she shall
18 be in violation of this section. The duty to personally appear for such
19 updated photograph shall be temporarily suspended during any period in
20 which the sex offender is confined in any hospital or institution, and
21 such sex offender shall personally appear for such updated photograph no
22 later than ninety days after release from such hospital or institution,
23 or an alternate later date scheduled by the law enforcement agency
24 having jurisdiction.
25 S 3. Subdivision 2 of section 259-a of the executive law, as amended
26 by chapter 7 of the laws of 2007, is amended to read as follows:
27 2. The division shall cause complete records to be kept of every
28 person on presumptive release, parole, conditional release or post-re-
29 lease supervision. Such records shall contain the aliases and photograph
30 of each such person, and the other information referred to in subdivi-
31 sion one of this section, as well as all reports of parole officers in
32 relation to such persons. IN THE CASE OF ALL SEX OFFENDERS WITH A LEVEL
33 TWO OR THREE DESIGNATION THE DIVISION SHALL PHOTOGRAPH SUCH SEX OFFENDER
34 AND UPDATE SUCH PHOTOGRAPH ONCE EACH YEAR. IN THE CASE OF ALL SEX OFFEN-
35 DERS WITH A LEVEL ONE DESIGNATION, THE DIVISION SHALL PHOTOGRAPH SUCH
36 SEX OFFENDER AND UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE YEARS. Such
37 records shall be maintained by the division and may be made available as
38 deemed appropriate by the [chairman] CHAIRPERSON for use by the depart-
39 ment of correctional services, the commissioner of mental health, the
40 commissioner of mental retardation and developmental disabilities, the
41 case review panel, and the attorney general pursuant to section 10.05 of
42 the mental hygiene law, the division, and the board of parole. Such
43 records shall be organized in accordance with methods of filing and
44 indexing designed to insure the immediate availability of complete
45 information about such persons.
46 S 4. This act shall take effect on the ninetieth day after it shall
47 have become a law.
