NY A08580

Allows discretion in sex offender registration for out-of-state convictions by requiring that the out-of-state offense contains all elements of a registerable New York offense, rather than automatically requiring registration based on out-of-state registration requirements.

Removes mandatory registration requirement for convictions in other jurisdictions related to transmissible disease exposure, consensual sodomy (former PL § 130.38), prostitution offenses (PL § 230.00), or loitering for prostitution (former PL § 240.37).

Permits existing sex offenders registered based on these specific out-of-state offenses to petition the court annually to remove the registration requirement, with the burden on the offender to prove by clear and convincing evidence that removal is warranted.

Allows the district attorney the right to appeal court orders granting petitions to lift registration requirements, and provides public defender assistance to offenders throughout the appeal process.

Permits courts to expunge sex offender registration records upon reversal of conviction or upon granting a petition to lift the registration requirement.