senate Bill S1825

Requires sex offenders to annually return a verification form to the division of criminal justice services

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 02 / Jun / 2011
    • 1ST REPORT CAL.978
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • 1ST REPORT CAL.432
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 17 / Apr / 2012
    • PASSED SENATE
  • 17 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 17 / Apr / 2012
    • REFERRED TO CORRECTION

Summary

Requires sex offenders to annually return an address verification form to the division of criminal justice services.

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Bill Details

See Assembly Version of this Bill:
A4870
Versions:
S1825
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยง168-f, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1484, A3794
2007-2008: A8417

Sponsor Memo

BILL NUMBER:S1825

TITLE OF BILL:
An act
to amend the correction law, in relation to the duty of sex offenders to
annually verify their address

PURPOSE:
To require sex offenders to annually return a verification
form to the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS:
Paragraph (c) of subdivision 2 of section
168-f of the Correction Law, as amended by Chapter 453 of the Laws of
1999, is amended to require a sex offender to return by mail the
signed address verification form to DCJS within 10 calendar days of
receipt. Failure to do so would be a violation of this section.

JUSTIFICATION:
Currently, if a sex offender does not mail back the
annual signed address verification form to the Division of Criminal
Justice Services, it starts a process whereby local law enforcement
needs to investigate whether such individual is still residing at the
registered address. If law enforcement brings forward a case against
an individual for failing to mail back such form needed to update
their whereabouts, current law states that it is not a violation if
they can prove that they have not moved. Bringing cases to court
which are protected by the affirmative defense language is a waste of
precious criminal justice time which could be used more effectively
elsewhere. In a sense, the affirmative defense clause thereby gives
sex offenders a free pass if they do not send their signed
verification form back. Since it is of the utmost importance to the
public's safety for DCJS and local law enforcement to keep track of
registered sex offenders, it is necessary to instill a penalty for
failing to return a signed verification form whether or not the
person's address has changed.

LEGISLATIVE HISTORY:
2009/10 - S.1484 - Referred to Crime Victims, Crime and Correction
2007/08 - S.437 - Passed Senate 54-1 Non-Controversial/Assembly
Correction
2005/06 - S.481 - Passed Senate/Assembly Correction
2003/04 - S.4455/A.8521 - Passed Senate/Assembly Correction

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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 the duty of sex
  offenders to annually verify their address

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

  Section  1.  Paragraph  (c)  of  subdivision 2 of section 168-f of the
correction law, as amended by chapter  453  of  the  laws  of  1999,  is
amended to read as follows:
  (c)  If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form,  he  or
she  shall  be in violation of this section [unless he proves that he or
she has not changed his or her residence address].
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06188-01-1

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