Assembly Bill A4869

2011-2012 Legislative Session

Makes the failure of a sex offender to appear at his or her registration determination hearing a class D felony

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4869 (ACTIVE) - Details

See Senate Version of this Bill:
S1542
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-f, 168-k, 168-n & 168-t, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3509, S1337
2013-2014: A2647, S1391
2015-2016: A4987, S4765
2017-2018: A4087, S949
2019-2020: S3316

2011-A4869 (ACTIVE) - Summary

Expands the statement of notice of a registration determination hearing to be given to a sex offender to include notice of the right to counsel and that the failure to appear shall be a violation of the sex offender registration act; removes the proof of residence exception for failure to mail the signed verification form; makes all violations of the sex offender registration act class D felonies.

2011-A4869 (ACTIVE) - Bill Text download pdf

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

                                  4869

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the correction law, in relation to notice to sex  offen-
  ders  of their determination hearing and the penalty for violations by
  sex offenders

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

  Section  1.  Subdivisions  2  and 4 of section 168-d of the correction
law, subdivision 2 as amended and subdivision 4 as added by chapter  684
of the laws of 2005, are amended to read as follows:
  2.  Any  sex offender, who is released on probation or discharged upon
payment of a fine,  conditional  discharge  or  unconditional  discharge
shall,  prior  to  such  release or discharge, be informed of his or her
duty to register under this article by the court in which he or she  was
convicted.  At  the  time  sentence  is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender  to  read  and  sign  such  form  and  to
complete  the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects  to  reside  upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or  employed,  whether  for  compensation  or not, and whether he or she
expects to reside in a facility owned or operated by  such  an  institu-
tion, and shall report such information to the division. The court shall
give  one copy of the form to the sex offender and shall send two copies
to the division which shall forward the information to the law  enforce-
ment  agencies  having  jurisdiction.  The  court  shall also notify the
district attorney and the sex offender of the date of the  determination
proceeding  to  be  held  pursuant to subdivision three of this section,
which shall be held at least forty-five days after such notice is given.
[This] THE notice TO THE SEX OFFENDER shall include the following state-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06168-01-1
              

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