New York A 9167: Allows discretion in requiring sex offender registration for persons convicted of certain sex offenses in other states

Bill Text

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A09167 Summary:

BILL NOA09167 

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SAME ASNo Same As

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SPONSORGonzalez-Rojas

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COSPNSR

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MLTSPNSR

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Amd §§168-a, 168-d, 168-o & 168-n, Cor L

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Allows discretion in requiring sex offender registration for persons convicted of certain sex offenses in other states; amends the definition of a sexually violent offense.

Go to top A09167 Actions:

BILL NOA09167 

&nbsp

10/17/2025referred to correction

01/07/2026referred to correction

Go to topA09167 Committee&nbspVotes:

Go to topA09167 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09167 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9167

 2025-2026 Regular Sessions

 IN ASSEMBLY

 October 17, 2025
 ___________

 Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
 Committee on Correction

 AN ACT to amend the correction law, in relation to allowing discretion
 in requiring sex offender registration for persons convicted of
 certain sex offenses in other states and to amend the definition of a
 sexually violent offense

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

 1 Section 1. Subparagraph (iii) of paragraph (d) of subdivision 2 of
 2 section 168-a of the correction law, as amended by chapter 232 of the
 3 laws of 2008, is amended to read as follows:
 4 (iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18
 5 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18
 6 U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime
 7 of conviction are substantially the same as those which are a part of
 8 such offense as of the date on which this subparagraph takes effect, or
 9 (iv) notwithstanding any other law, a person convicted in another juris-
 10 diction of an offense similar to section twenty-three hundred seven of
 11 the public health law or any offense based on exposure to a transmissi-
 12 ble disease or virus, or former section 130.38 of the penal law relating
 13 to consensual sodomy, or section 230.00 of the penal law, or former
 14 section 240.37 of the penal law relating to loitering for the purposes
 15 of engaging in a prostitution offense who is required to register in the
 16 jurisdiction of conviction shall not be required to register in New York
 17 unless the out-of-state offense, based on the elements of the conviction
 18 offense or proven or stipulated facts in the record of conviction,
 19 contains all of the elements of a registerable New York offense
 20 described in paragraph (a), (b) or (c) of this subdivision.
 21 § 2. Paragraph (b) of subdivision 3 of section 168-a of the correction
 22 law, as amended by chapter 11 of the laws of 2002, is amended to read as
 23 follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08888-01-5

 A. 9167 2

 1 (b) a conviction of an offense in any other jurisdiction which
 2 includes all of the essential elements of any such felony provided for
 3 in paragraph (a) of this subdivision [or conviction of a felony in any
 4 other jurisdiction for which the offender is required to register as a
 5 sex offender in the jurisdiction in which the conviction occurred].
 6 § 3. Paragraph (a) of subdivision 1 of section 168-d of the correction
 7 law, as amended by chapter 69 of the laws of 2003, is amended to read as
 8 follows:
 9 (a) Except as provided in paragraphs (b) and (c) of this subdivision,
 10 upon conviction of any of the offenses set forth in subdivision two or
 11 three of section one hundred sixty-eight-a of this article the court
 12 shall certify that the person is a sex offender and shall include the
 13 certification in the order of commitment, if any, and judgment of
 14 conviction, except as provided in subparagraph (iv) of paragraph (d) of
 15 subdivision two of section one hundred sixty-eight-a of this article or
 16 paragraph (e) of subdivision two of section one hundred sixty-eight-a of
 17 this article. The court shall also advise the sex offender of [his or
 18 her] their duties under this article. Failure to include the certif-
 19 ication in the order of commitment or the judgment of conviction shall
 20 not relieve a s