New York A 7174: Requires the transfer of certain lands to the Oak Brush Plain State Preserve by December 1, 2019

Bill Text

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A07174 Summary:

BILL NOA07174 

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SAME ASNo Same As

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SPONSORChandler-Waterman

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COSPNSR

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MLTSPNSR

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Amd §§168-d, 168-f & 168-o, Cor L

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Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; establishes that the period will be determined by court; provides for the right to appeal, right to modify or terminate order and right to counsel.

Go to top A07174 Actions:

BILL NOA07174 

&nbsp

03/21/2025referred to correction

01/07/2026referred to correction

Go to topA07174 Committee&nbspVotes:

Go to topA07174 Floor&nbspVotes:

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

Go to topA07174 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7174

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 21, 2025
 ___________

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

 AN ACT to amend the correction law, in relation to tracking certain sex
 offenders with a global positioning system

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

 1 Section 1. Subdivision 3 of section 168-d of the correction law, as
 2 amended by chapter 11 of the laws of 2002, is amended to read as
 3 follows:
 4 3. For sex offenders released on probation or discharged upon payment
 5 of a fine, conditional discharge or unconditional discharge, it shall be
 6 the duty of the court applying the guidelines established in subdivision
 7 five of section one hundred sixty-eight-l of this article to determine
 8 the level of notification pursuant to subdivision six of section one
 9 hundred sixty-eight-l of this article [and]; whether such sex offender
 10 shall be designated a sexual predator, sexually violent offender, or
 11 predicate sex offender as defined in subdivision seven of section one
 12 hundred sixty-eight-a of this article; and, if such sex offender has
 13 been convicted of an offense involving a child and designated a level
 14 three offender and a sexual predator or predicate sex offender, the
 15 period of time such sex offender shall submit to global positioning
 16 system monitoring as provided in subdivision three-a of section one
 17 hundred sixty-eight-f of this article. At least fifteen days prior to
 18 the determination proceeding, the district attorney shall provide to the
 19 court and the sex offender a written statement setting forth the deter-
 20 minations sought by the district attorney together with the reasons for
 21 seeking such determinations. The court shall allow the sex offender to
 22 appear and be heard. The state shall appear by the district attorney, or
 23 [his or her] such district attorney's designee, who shall bear the
 24 burden of proving the facts supporting the determinations sought by
 25 clear and convincing evidence. Where there is a dispute between the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07429-01-5

 A. 7174 2

 1 parties concerning the determinations, the court shall adjourn the hear-
 2 ing as necessary to permit the sex offender or the district attorney to
 3 obtain materials relevant to the determinations from any state or local
 4 facility, hospital, institution, office, agency, department or division.
 5 Such materials may be obtained by subpoena if not voluntarily provided
 6 to the requesting party. In making the determinations, the court shall
 7 review any victim's statement and any relevant materials and evidence
 8 submitted by the sex offender and the district attorney and the court
 9 may consider reliable hearsay evidence submitted by either party
 10 provided that it is relevant to the determinations. Facts previously
 11 proven at trial or elicited at the time of entry of a plea of guilty
 12 shall be deemed established by clear and convincing evidence and shall
 13 not be relitigated. The court shall render an order setting forth its
 14 determinations and the findings of fact and conclusions of law on which
 15 the determinations are based. A copy of the order shall be submitted by
 16 the court to the division. Upon application of eith