Amd §§168-h & 168-o, rel §168-w to be §168-x, add §168-w, Cor L
Relates to sex offender registration and residency restrictions; sets limitations on the distance sex offenders may be required to live apart from certain areas.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8503A
SPONSOR: Murray (MS) TITLE OF BILL:
An act to amend the correction law, in relation to sex offender regis-
tration and residency restrictions
PURPOSE:
The purpose of this bill is to extend the requirement of level one sex
offenders to register as a sex offender from twenty years to thirty
years. This bill will also allow local governments to place reasonable
restrictions on where a sex offender is permitted to live.
SUMMARY OF PROVISIONS:
Section 1 of this bill would require level one sex offenders who have
committed, or attempted to commit a certain sex offenses be required to
maintain their sex offender status for a terms of thirty years.
Section 2 of this bill would allow certain level one sex offenders to
apply to be removed from the sex offender registry if they can prove by
clear and convincing evidence that they are no longer a threat to public
safety.
Section 3 limits local governments to ensure that it does not require a
sex offender to live beyond one thousand feet from public, private and
charter schools; do not require a sex offender to live beyond a quarter
mile from the workplace and residence of any registrant's victim or
victims; and do not require a sex offender to live beyond a quarter mile
from the residence of a deceased victim, if the family of the victim
continues to reside at that residence.
Section 4 is the effective date.
JUSTIFICATION:
Currently, level one sex offenders are only required to register as a
sex-offender for twenty years. Because this legislation was passed and
placed into effect twenty years ago, many sex offenders will be coming
off the sex offender registry beginning in 2016. Many times, level one
sex offenders are sexual predators, sexually violent offenders, or pred-
icate sex offenders and receive level one sex offender status as part of
a plea bargain. This bill would extend the requirement to register as a
sex offender to thirty years, therefore requiring level one offenders to
register for ten more years. There was a recent study released that
shows that recidivism rates were the highest at the twenty year mark,
which warrants them remaining on the registry for an extended period.
This bill also permits level one sex offenders who are not sexual preda-
tors, sexually violent, or predicate sex offenders the ability to apply
to come of the registry if they can prove by clear and convincing
evidence that they are no longer a threat to society.
The New York State Court of Appeals has recently overturned all local
laws relating to where a registered sex offender can live for the reason
that such laws were too restrictive. This bill would allow local govern-
ment to place reasonable restrictions on where a sex offender can live,
and ensures that such laws are not making it impossible for a sex offen-
der to live in the country.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
8503--A
2015-2016 Regular Sessions
IN ASSEMBLY
October 9, 2015
___________
Introduced by M. of A. MURRAY, RA, CURRAN, ENGLEBRIGHT, TEDISCO, McKEV-
ITT, JAFFEE, HAWLEY, GARBARINO, DUPREY, GRAF, BRABENEC, RAIA, CROUCH,
OAKS, GIGLIO, LUPINACCI, McLAUGHLIN, STEC, MALLIOTAKIS, SALADINO,
PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, KEARNS, THIELE --
read once and referred to the Committee on Correction -- recommitted
to the Committee on Correction in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the correction law, in relation to sex offender regis-
tration and residency restrictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-h of the correction law, as amended by chapter
2 11 of the laws of 2002, and subdivisions 1 and 2 as amended by chapter 1
3 of the laws of 2006, is amended to read as follows:
4 § 168-h. Duration of registration and verification. 1. The duration of
5 registration and verification for a sex offender who has not been desig-
6 nated a sexual predator, or a sexually violent offender, or a predicate
7 sex offender, and who is classified as a level one risk, or who has not
8 yet received a risk level classification, shall be annually for a period
9 of twenty years from the initial date of registration.
10 2. Notwithstanding the foregoing, a sex offender who is classified as
11 a level one risk and has been convicted of or has been convicted for an
12 attempt to commit:
13 (i) any of the provisions of section 120.70, 130.35, 130.50, 130.53,
14 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
15 130.91, 130.95, 130.96, 135.05, 135.10, 135.20, 135.25, 230.06, 230.32,
16 250.50, 255.27, 263.10, 263.15 or 263.30 of the penal law;
17 (ii) any of the provisions of section 2251, 2251A, 2252, 2252A, 2260,
18 2422, 2423 or 2425 of title 18 of the United States code; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11987-02-6
A. 8503--A 2
1 (iii) has been convicted of any offense in any other jurisdiction
2 which includes all of the essential elements of any of the foregoing
3 crimes in this subdivision, shall register annually for life.
4 3. A sex offender who is classified as a level one risk and has been
5 convicted of or has been convicted for an attempt to commit any of the
6 provisions of section 130.25, 130.30, 130.40, 130.45, 130.55 or 130.60,
7 or has been convicted of any offense in any other jurisdiction which
8 includes all of the essential elements of any of the foregoing crimes in
9 this subdivision, shall register annually for life unless at the time of
10 the act, the defendant was less than twenty-one years old, in which case
11 registration shall be annually for a period of twenty years from the
12 initial date of registration.
13 4. The duration of registration and verification for a sex offender
14 who, on or after March eleventh, two thousand two, is designated a sexu-
15 al predator, or a sexually violent offender, or a predicate sex offen-
16 der, or who is classified as a level two or level three risk, shall be
17 annually for life. Notwithstanding the foregoing, a sex offender who is
18 classified as a level one or level two risk and who is not designated a
19 sexual predator, a sexually violent offender or a predicate sex offen-
20 der, may be relieved of the duty to register and verify after a minimum
21 period of thirty years of registration as provided by subdivision one of
22 section one hundred sixty-eight-o of this article.
23 [3.] 5. Any sex offender having been designated a level three risk or
24 a sexual predator shall also personally verify his or her address every
25 ninety calendar days with the local law enforcement agency having juris-
26 diction where the offender resides.
27 § 2. Subdivision 1 of section 168-o of the correction law, as amended
28 by chapter 1 of the laws of 2006, is amended to read as follows:
29 1. Any sex offender who is classified as a [level two] level one risk,
30 and who has not been designated a sexual predator, or a sexually violent
31 offender, or a predicate sex offender, who is required to register or
32 verify pursuant to this article and who has been registered for a mini-
33 mum period of [thirty] twenty years may be relieved of any further duty
34 to register upon the granting of a petition for relief by the sentencing
35 court or by the court which made the determination regarding duration of
36 registration and level of notification. The sex offender shall bear the
37 burden of proving by clear and convincing evidence that his or her risk
38 of repeat offense and threat to public safety is such that registration
39 or verification is no longer necessary. Such petition, if granted, shall
40 not relieve the petitioner of the duty to register pursuant to this
41 article upon conviction of any offense requiring registration in the
42 future. Such a petition shall not be considered more than once every two
43 years. In the event that the sex offender's petition for relief is
44 granted, the district attorney may appeal as of right from the order
45 pursuant to the provisions of articles fifty-five, fifty-six and fifty-
46 seven of the civil practice law and rules. Where counsel has been
47 assigned to represent the sex offender upon the ground that the sex
48 offender is financially unable to retain counsel, that assignment shall
49 be continued throughout the pendency of the appeal, and the person may
50 appeal as a poor person pursuant to article eighteen-B of the county
51 law.
52 § 3. Section 168-w of the correction law, as relettered by chapter 604
53 of the laws of 2005, is relettered section 168-x and a new section 168-w
54 is added to read as follows:
55 § 168-w. Child and victim safety zones. Counties shall monitor and
56 verify registration compliance and may enact by local law or resolution
A. 8503--A 3
1 sex offender residency restrictions for sex offenders required to regis-
2 ter pursuant to this article, provided that such restrictions:
3 1. do not require a sex offender to live beyond one thousand feet from
4 public, private and charter schools for all level three registrants, for
5 registrants who committed an offense against a minor, and for regis-
6 trants who have been assigned a designation pursuant to this article.
7 2. do not require a sex offender to live beyond a quarter mile from
8 the workplace and residence of any registrant's victim or victims.
9 3. do not require a sex offender to live beyond a quarter mile from
10 the residence of a deceased victim, if the family of the victim contin-
11 ues to reside at that residence.
12 § 4. This act shall take effect on the sixtieth day after it shall
13 have become a law.
