NY State Senate Bill 2009-S4743

Senate Bill S4743

Vetoed By Governor

2009-2010 Legislative Session

Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration

download bill text pdf

Archive: Last Bill Status Via A2132 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 16, 2010	tabled
Aug 13, 2010	vetoed memo.6743
Aug 03, 2010	delivered to governor
Jun 15, 2010	returned to assembly passed senate
Jun 14, 2010	3rd reading cal.831 substituted for s4743
Jun 14, 2010	substituted by a2132
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.831
Apr 26, 2010	reported and committed to codes
Jan 06, 2010	referred to crime victims, crime and correction
Jun 01, 2009	reported and committed to codes
Apr 27, 2009	referred to crime victims, crime and correction

Votes

- Jun 15, 2010 - Floor Vote
  A2132
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Apr 26, 2010 - Crime Victims, Crime And Correction Committee Vote
  S4743
  
  11
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 26, 2010
      
      aye (11)
      
      Aubertine
      
      Breslin
      
      Golden
      
      Kruger
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner
      
      nay (2)
      
      Hassell-Thompson
      
      Montgomery
      
      aye wr (1)
      
      Duane
  Jun 8, 2010 - Codes Committee Vote
  S4743
  
  14
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (14)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      nay (1)
      
      Parker
      
      aye wr (1)
      
      Duane

2009-S4743 (ACTIVE) - Details

See Assembly Version of this Bill:: A2132
Law Section:: Correction Law
Laws Affected:: Amd §168-t, Cor L

2009-S4743 (ACTIVE) - Summary

Provides that an offender who fails to register or verify as a sex offender shall have the period of time of such failure to register or verify added to the duration of registration.

2009-S4743 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4743

 TITLE OF BILL :  An act to amend the correction law, in relation to
failure to register as a sex offender

 PURPOSE OF BILL: : This legislation amends section 168-t of the
Correction Law to provide that a sex offender who is subject to
reporting requirements under the Sex Offender Registration Act and who
fails to register or verify in compliance with SORA shall be penalized
for such failure.

 SUMMARY OF PROVISIONS: : The Sex Offender Registration Act requires
all offenders who are subject to the law's registration requirements
to register with the Division of Criminal Justice Services and to
annually verify their place of residence. Level III offenders must
verify more frequently and their verification requirements extend to
include place of employment. A violation of these provisions is a
class E felony and, for repeat offenders, a class D felony. This
legislation provides that the period of time during which an offender
is in violation of the registration or verification requirements as
determined by a court shall be added to the remaining period of
registration. The bill also provides that offenders who are subject to
registration, other than offenders required to be registered for life,
will be notified by DCJS of the extended registration requirement.

 JUSTIFICATION :  There are offenders who are required to register and

verify their addresses under SORA but have not done so in the required
manner. In order to enforce these provisions and hold these offenders
accountable for failure to register and verify, this bill provides, in
addition to criminal prosecution for non-compliance, the period of
registration for persons found to have violated these requirements
will be extended, and these individuals will be required to maintain
registration for an additional period of time.

 LEGISLATIVE HISTORY: :  2003-04: A.11522, passed Assembly 2005-06:
A.1342-A, passed Assembly 2007-08: A.6455-A, passed Assembly

 FISCAL IMPLICATIONS: : Undetermined.

 EFFECTIVE DATE: : This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

2009-S4743 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4743

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  Correction

AN ACT to amend the correction law, in relation to failure  to  register
  as a sex offender

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-t of the correction law, as amended by  chapter
373 of the laws of 2007, is amended to read as follows:
  S  168-t.  Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article  who  fails  to  register  or
verify  in  the  manner and within the time periods provided for in this
article shall be guilty of a class E  felony  upon  conviction  for  the
first  offense,  and  upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any sex offender who  violates  the
provisions of section one hundred sixty-eight-v of this article shall be
guilty  of  a class A misdemeanor upon conviction for the first offense,
and upon conviction for a second or subsequent offense shall  be  guilty
of  a class D felony. Any such failure to register or verify may also be
the basis for revocation of  parole  pursuant  to  section  two  hundred
fifty-nine-i  of  the  executive  law  or  the  basis  for revocation of
probation pursuant to article four hundred ten of the criminal procedure
law.  WHEN AN OFFENDER IS DETERMINED UNDER THIS SECTION TO  HAVE  FAILED
TO  REGISTER OR VERIFY, THE PERIOD OF TIME THE OFFENDER FAILED TO REGIS-
TER OR VERIFY SHALL BE ADDED TO THE DURATION SUCH OFFENDER  IS  REQUIRED
TO  REGISTER PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS ARTI-
CLE.  IN SUCH EVENT, EXCEPT WHEN LIFETIME REGISTRATION IS REQUIRED,  THE
DIVISION  SHALL  NOTIFY  THE  OFFENDER  OF  THE  ADDITIONAL REGISTRATION
REQUIREMENT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04742-01-9

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