EXPANSION OF SEX OFFENDER INTERNET POSTING

LAWS OF NEW YORK, 2006
CHAPTER 106

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the correction law and the executive law, in relation to expanding sex offender internet posting

Became a law June 23, 2006, with the approval of the Governor.  Passed by a majority vote, three-fifths being present.

The  People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraphs (a) and (b) of subdivision 6 of section 168-l of the correction law, paragraph (a) as amended by chapter 11 of the laws of 2002 and paragraph (b) as separately amended by chapters 318 and 680 of the laws of 2005, are amended to read as follows:

(a) If the risk of repeat offense is low, a level one designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified [pursuant to this article] and may disseminate relevant information which may include a photograph and description of the offender and which may include the name of the sex offender, approximate address based on sex offender's zip code, background information including the offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any  institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion.

(b) If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the exact name and any aliases used by the sex offender, approximate address based on sex offender's zip code, background information including the offender's crime of conviction, mode of operation, type of victim  targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion.  In addition, in such case, the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law, such information shall, upon request, be made available to the public.

Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level two sex offenders pursuant to this paragraph.  Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superintendents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre-schools, neighborhood watch groups, community centers, civic associations, nursing homes, victim's advocacy groups and places of worship.

§ 2. The section heading and subdivision 1 of section 168-q of the correction law, the section heading as amended by chapter 11 of the laws of 2002 and subdivision 1 as amended by chapter 10 of the laws of 2003, are amended to read as follows:

Subdirectory [of level three sex offenders]; internet posting.

1. The division shall maintain a subdirectory of level two and three sex offenders. The subdirectory shall include the exact address, address of the offender's place of employment and photograph of the sex offender along with the following information, if available: name, physical description, age and distinctive markings. Background information including the sex offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and a description of special conditions imposed on the sex offender shall also be included.  The subdirectory shall have sex offender listings categorized by county and zip code. A copy of the subdirectory shall annually be distributed to the offices of local village, town, city, county or state law enforcement agencies for purposes of public access. The division shall distribute monthly up dates to the offices of local village, town, city, county or state law enforcement agencies for purposes of public access.  Such departments shall require that a person in writing provide their name and address prior to viewing the subdirectory.  Any information identifying the victim by name, birth date, address or relation to the sex offender shall be excluded from the subdirectory distributed for purposes of public access. The subdirectory provided for herein shall be updated monthly to maintain its efficiency and usefulness and shall be computer accessible. Such subdirectory shall be made available at all times on the internet via the division homepage.

§ 3. Subdivision 5 of section 843 of the executive law, as added by chapter 490 of the laws of 2000, is amended to read as follows:

5. Such homepage shall also contain the subdirectory [of high risk sex offenders] maintained pursuant to section one hundred sixty-eight-q of the correction law.

§ 4. Subdivision 6 of section 168-b of the correction law, as added by chapter 192 of the laws of 1995, is amended to read as follows:

 6. The division shall also establish a [sexually violent predator] subdirectory pursuant to section one hundred sixty-eight-q of this article.

§ 5. This act shall take effect immediately.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

            JOSEPH L. BRUNO                                           SHELDON SILVER

   Temporary President of the Senate            Speaker of the Assembly