Significant Portion of Sex Crimes Legislative Package Moves Through Assembly

Additional 'Tough, Smart, Effective Measures' Slated For Assembly Action

Assembly Speaker Sheldon Silver, Codes Chair Joseph Lentol and Correction Chair Jeffrion Aubry announced expected committee action today on legislation that would authorize lifetime registration for even low-level sex offenders and expand internet placement and community notification.

Assembly bill 8369, sponsored by Aubry, would empower district attorneys to petition sentencing courts to extend the period of registration under Megan's Law in 10-year increments to a maximum life term for any offender covered under the statute, including Level 1 offenders, who are assessed to pose the lowest risk to communities.

Also reported from the Codes Committee today is A.8370, which would dramatically expand the distribution of information on Level 2 offenders, or those determined by the court to be at moderate risk of re-offense, by disseminating it on the Internet. The bill also would require notification concerning Level 1 offenders to schools and other institutions serving vulnerable populations.

Under current law, only Level 3 or high-risk, offenders are placed on the Internet and subject to affirmative community notification. Under the Aubry proposal, Level 2 offenders would be subject to the same degree of community notification currently provided for Level 3 offenders.

Current law also provides that information concerning Level 2 offenders may be affirmatively provided to entities that serve vulnerable populations. Under the new proposal, entities serving vulnerable populations could also be notified concerning Level 1 offenders. Currently, information about low-risk offenders is only affirmatively provided to law enforcement agencies.

Other Bills Moving Through the Assembly

The lawmakers said several important measures are expected to be reported by the Codes committee later this week and brought to a vote on the floor for passage shortly. Silver, Lentol and Aubry noted a significant portion of the Assembly's sex crime legislative package, which was first introduced May 19, has advanced through the house. The wide-ranging package includes expanded penalties, greater community notification, enhanced education, better tracking and monitoring of sex offenders and the increased use of DNA evidence to apprehend sexual predators.

Additional bills included in the Assembly's comprehensive package would remove the statute of limitations on Class B felony sex crimes when there is DNA evidence, expand it in other cases, enhance community notification to inform the public better about potential dangers and ensure education for school children to help protect them against the danger of sexual assault.

In addition, the Assembly will hold at least two public forums to examine civil confinement legislation aimed at continuing the incarceration of sex offenders after they have served their prison term.

Already approved by the Assembly this session are measures that would create a new felony crime of luring a child, require children's residential, travel and day camps to screen prospective staff members to ensure each is not a sex offender and mandate that local department of social service districts be notified when sex offenders released from prison intend to seek homeless housing assistance.

"Last month's probe by State Comptroller Alan Hevesi, which uncovered almost 200 Level 3 sex offenders being provided Viagra at taxpayer expense demonstrates again that combating sex crimes requires tough, smart and effective solutions," said Silver (D-Manhattan). "A number of these bills already have Senate sponsors. The Assembly will continue moving forward with vigilant, comprehensive measures that toughen penalties against sexual predators and strengthen Megan's Law to protect children better."