Bill Text: NY A03414 | 2023-2024 | General Assembly | Introduced
Bill Title: Facilitates compliance with the sex offender registry for offenders without a registerable residence; defines "homeless sex offender" and "sex offender registration officer"; makes related provisions.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced) 2024-01-03 - referred to correction [A03414 Detail]
Download: New_York-2023-A03414-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3414 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. DeSTEFANO, MIKULIN, McDONOUGH, MORINELLO, REILLY, MANKTELOW, SMITH, DURSO -- Multi-Sponsored by -- M. of A. DiPIETRO, J. M. GIGLIO -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to facilitating compli- ance with the sex offender registry for offenders without a registera- ble residence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-a of the correction law is amended by adding 2 two new subdivisions 19 and 20 to read as follows: 3 19. "Homeless sex offender" means a person required to register as a 4 sex offender who does not have a registerable residence. For the 5 purposes of this section a registerable residence is an address where 6 the sex offender actually resides and where the sex offender may receive 7 mail. Should a sex offender have an address where he or she actually 8 resides that the United States Postal Service does not deliver mail, but 9 such sex offender does maintain a valid postal box to receive his or her 10 mail, then such offender shall not be considered homeless for the 11 purposes of this section. 12 20. "Sex offender registration officer" means a person designated by 13 the county to collect information regarding the location of homeless sex 14 offenders and report such to the division for inclusion on the sex 15 offender registry. The sex offender registration officer shall also 16 provide, on behalf of the division, necessary notifications to such 17 offenders. Sex offender registration officers are authorized to share 18 information regarding the location of homeless sex offenders with other 19 sex offender registration officers within the state, as well as with the 20 division and any and all law enforcement agencies, probation and parole. 21 The sex offender registration officer may designate agents, including 22 but not limited to a law enforcement agency having jurisdiction, to 23 facilitate the collection of location information, as well as facilitate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08200-01-3A. 3414 2 1 notifications, so long as information collected by such agents is imme- 2 diately forwarded to the sex offender registration officer. 3 § 2. Paragraph (a) of subdivision 1 of section 168-b of the correction 4 law, as amended by chapter 67 of the laws of 2008, is amended to read as 5 follows: 6 (a) The sex offender's name, all aliases used, date of birth, sex, 7 race, height, weight, eye color, driver's license number, home address 8 and/or expected place of domicile, any internet accounts with internet 9 access providers belonging to such offender and internet identifiers 10 that such offender uses. If the sex offender is a homeless sex offender 11 as defined in subdivision nineteen of section one hundred sixty-eight-a 12 of this article, then the division shall include that information along 13 with which county's sex offender registration officer is collecting 14 location information regarding this homeless sex offender. 15 § 3. Section 168-b of the correction law is amended by adding two new 16 subdivisions 13 and 14 to read as follows: 17 13. For any sex offender who is a homeless sex offender as defined in 18 subdivision nineteen of section one hundred sixty-eight-a of this arti- 19 cle, the sex offender registration officer of the county in which the 20 sex offender is located shall facilitate all notifications required by 21 this section on behalf of the division. 22 14. The division is authorized to make any and all information main- 23 tained pursuant to this section, available to any sex offender registra- 24 tion officer within the state for the furtherance of the provisions of 25 this article. 26 § 4. Section 168-f of the correction law is amended by adding a new 27 subdivision 7 to read as follows: 28 7. If the sex offender is a homeless sex offender as defined in subdi- 29 vision nineteen of section one hundred sixty-eight-a of this article, 30 the sex offender must report to the sex offender registration officer in 31 the county where the sex offender is located every ten calendar days 32 until such sex offender is no longer a homeless sex offender or no long- 33 er required to register. When the sex offender reports he or she must 34 update any information previously provided pursuant to this section, as 35 well as information as to where he or she has habitually been spending 36 the night and any further information relevant to where he or she has 37 been or will be staying, including, but not limited to, any shelters or 38 emergency housing. All registrations and verifications required of the 39 sex offender under this article shall be provided by the homeless sex 40 offender to the sex offender registration officer in the county where 41 the sex offender is located, or to that officer's designated agent, to 42 be forwarded to the division. Nothing contained in this subdivision 43 shall exempt a homeless sex offender from any and all requirements to 44 appear at a law enforcement agency having jurisdiction. The division 45 shall promulgate rules and regulations relating to procedures for facil- 46 itating reporting of homeless sex offenders to sex offender registration 47 officers, as well as for disseminating information by the division to 48 the homeless sex offenders through the sex offender registration offi- 49 cer. 50 § 5. Section 168-t of the correction law, as amended by chapter 373 of 51 the laws of 2007, is amended to read as follows: 52 § 168-t. Penalty. Any sex offender required to register or to verify 53 pursuant to the provisions of this article who fails to register or 54 verify in the manner and within the time periods provided for in this 55 article shall be guilty of a class E felony upon conviction for the 56 first offense, and upon conviction for a second or subsequent offenseA. 3414 3 1 shall be guilty of a class D felony. Any homeless sex offender required 2 to report to a sex offender registration officer pursuant to the 3 provisions of this article who fails to report in the manner and within 4 the time periods provided for in this article shall be guilty of a class 5 A misdemeanor upon conviction for the first offense, and upon conviction 6 for a second or subsequent offense shall be guilty of a class E felony. 7 Any sex offender who violates the provisions of section one hundred 8 sixty-eight-v of this article shall be guilty of a class A misdemeanor 9 upon conviction for the first offense, and upon conviction for a second 10 or subsequent offense shall be guilty of a class D felony. Any such 11 failure to register or verify may also be the basis for revocation of 12 parole pursuant to section two hundred fifty-nine-i of the executive law 13 or the basis for revocation of probation pursuant to article four 14 hundred ten of the criminal procedure law. 15 § 6. This act shall take effect on the ninetieth day after it shall 16 have become a law.
