BILL NUMBER: S5042
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to the definitions of a
sexually violent offender and sex offense as applied to out-of-state
offenders
 
PURPOSE:
This bill redefines sexually violent offenders and sex offense defi-
nitions as they apply to out-of-state offenders of such crimes.
 
SUMMARY OF PROVISIONS:
Section 1. subparagraphs (ii) and (iii) of paragraph (d) of subdivision
2 of section 168-a of the correction law, subparagraph
(ii) as amended by chapter 11 of the laws of 2002 and subparagraph
(iii) as amended by chapter 232 of the laws of 2008, are amended in
relation to the definitions of a sexually violent offender and sex
offense as applied to out-of-state offenders.
Section 2. Paragraph (b) of subdivision 3 of section 168-a of the
correction law, as amended by chapter 11 of the laws of 2002, is amended
in relation to the definitions of a sexually violent offender and sex
offense as applied to out-of-state offenders.
Section 3. Sets forth the effective date.
 
JUSTIFICATION:
This measure would amend section 168-a of the Correction Law to correct
an apparent error in the definition of a "sexually violent offender" as
it pertains to out-of-state offenders who establish residence in this
State.
Correction Law section 168-a (1) defines a "sex offender" to include a
person convicted of either a "sex offense" or a "sexually violent
offense" as those teams are defined in § 168-a (2) and (3) respectively.
An offender who has committed a "violent sex offense," however, is
treated more harshly than the one who commits only a "sex offense." A
"sexually violent offender," for instance, must register-annually for
life regardless of the risk level ascribed, and is never eligible to be
relieved from the duty to register (Corrections Law § 168-h (2)).
For offenders who have been convicted of crimes within New York, deter-
mining whether an offender has committed a "sex offense" or a "violent
sex offense" involves a straightforward reference to the Penal Law
section the offender was convicted of violating. As applied to out-of-
state offenders, however, the statute provides that a "sex offense"
includes a conviction for "a felony in any other jurisdiction for which
the offender is required to register as a sex offender in the jurisdic-
tion in which the conviction occurred"(Corrections Law § .168-a (2)
(d)(ii)). A "sexually violent offense" is defined, in part, as an
offense in any other jurisdiction which includes all of the essential
elements of any such felony provided for in paragraph (a) of this subdi-
vision if the definition ended there the treatment of in-state and out-
of-state offenders would be consistent because paragraph (a) of the
subdivision simply enumerates the Penal Law offenses which are denomi-
nated violent for purposes of the statute. The definition of a "sexually
violent offense" continues, however, as follows: "or a felony in any
other jurisdiction for which the offender is required to register as a
sex offender in which the conviction occurred" (Correction Law § 1.68
(3)(b) emphasis supplied). The final phrase of the definition is there-
fore identical to the definition of a "sex offense," and therefore
collapses the distinction between violent and non-violent sex offenses,
at least as it applies to out-of-state offenders who reside in New York.
We believe that the Legislature's likely intention was to reserve the
more serious "sexually violent offense" category to out-of-state
convictions under statutes that match the elements of sexually violent
felonies under New York law; and that that situation is covered by the
first part of Correction Law section 168 (3)(b). The second part of the
sentence, which tracks the language of section 168a 2(d)(ii), was
presumably included in error. This measure therefore corrects that error
by deleting the errant phrase. This measure, which would have no mean-
ingful fiscal impact on the State, would take effect immediately.
 
LEGISLATIVE HISTORY:
S.3268 of 2023-2024; Referred to Crime Victims, Crime and Correction;
S.2896 of 2021-22; Referred to Crime Victims, Crime and Correction
S.2696-A of 2019-20; Referred to Crime Victims, Crime and Correction
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S5042: 168-a correction law, 168-a(3) correction law