senate Bill S1829

Amended

Requires sex offenders to verify their residence and registration on a biannual basis

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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.980
  • 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
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / Mar / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 20 / Mar / 2012
    • PRINT NUMBER 1829A

Summary

Requires sex offenders to verify their residence and registration on a biannual basis; the divisions shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.

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Bill Details

Versions:
S1829
S1829A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-b, 168-f, 168-g & 168-h, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S1485

Votes

11
1
11
Aye
1
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Crime Victims, Crime and Correction committee vote details

Sponsor Memo

BILL NUMBER:S1829

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring sex offenders to
verify their registration with the sex offender registry on a biannual
basis

PURPOSE:
To increase the number of times a sex offender has to verify
their registration with the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS:
Section One - Subdivision 4 of Section 168-b of the Correction Law, as
added by Chapter 192 of the Laws of 1995, is amended to provide that
DCJS shall on random dates in each six month period of the year mail
a nonforwardable verification form to sex offenders.

Section Two - The opening paragraph of subdivision 2 of section l68-f
of the Correction Law, as added by Chapter 192 of the Laws of 1995,
is amended to change from an annual verification date to a random
biannual verification procedure.

Section Three - Subdivision 2 of section 168-g of the Correction Law,
as added by Chapter 192 of the Laws of 1995, is amended to provide
that sex offenders must comply with the random biannual address
verification.

Section Four - Subdivisions 1 and 2 of section 168-h of the Correction
Law, as amended by Chapter 1 of the Laws of 2006, are amended to
change annually to biannually.

Section Five - Sets forth the effective date.

JUSTIFICATION:
Terrifying examples of the need for stricter laws
regulating sex offenders permeate the news across the country evening
after evening. The killing of children like Jessica Lunsford in
Florida is a sad commentary indeed that sex offender registration and
community notification are not enough to keep our children and
communities safe from such vicious predators. Law enforcement
officers need better tools to be able to keep track of the most
dangerous offenders, especially those who choose to ignore their
registration requirements under New York State's version of Megan's
Law.
Therefore, it is vitally important to verify the registered location
of sex offenders to make sure that they have not moved and are still
following their registration requirements. This legislation is based
on a federal initiative, H.R. 1505, The Jessica Lunsford Act, which
among its provisions would require all states to implement a policy
which sets up random biannual verification of sex offenders. Under
current law, level three offenders must verify their registration
every 90 days. However, level 1 and 2 offenders are only checked on
once a year with a verification form on their anniversary of
registration. Recent attacks on children across the country have
shown that sex offenders will often abscond from their registered


address to areas where law enforcement and residents are unaware of
their existence.
Therefore, it is important to verify that a sex offender is indeed
living where they are registered at least once in each six month
period of time. It also makes great sense to have this card sent
randomly rather than on a specific anniversary date when an offender
knows that it is coming.

LEGISLATIVE HISTORY:
2009/2010 - S.1485 - Referred to Codes
2007-2008 - S.434 - Passed Senate, Non-Controversial/Assembly
Corrections
2005-2006 - S.5404-A - Passed Senate/Assembly Corrections

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law,
provided that any rules, regulations and forms necessary to implement
the provisions of this act on its effective date are authorized and
directed to be competed on or before such date.

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

                                  1829

                       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 requiring sex offen-
  ders to verify their registration with the sex offender registry on  a
  biannual basis

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

  Section 1. Subdivision 4 of section 168-b of the  correction  law,  as
added by chapter 192 of the laws of 1995, is amended to read as follows:
  4.  The  division  shall, UPON A DIFFERENT RANDOM DATE DURING EACH SIX
MONTH PERIOD OF THE CALENDAR YEAR, mail  a  nonforwardable  verification
form  to  the  last reported address of the person for [annual] BIANNUAL
verification requirements.
  S 2. The opening paragraph of subdivision 2 of section  168-f  of  the
correction  law, as added by chapter 192 of the laws of 1995, is amended
to read as follows:
  For a sex offender required to register under this  article  [on  each
anniversary  of  the  sex  offender's  initial  registration  date] UPON
RECEIPT OF EACH RANDOMLY MAILED BIANNUAL VERIFICATION  FORM  during  the
period  in  which  he  is  required  to  register under this section the
following applies:
  S 3. Subdivision 2 of section 168-g of the correction law, as added by
chapter 192 of the laws of 1995, is amended to read as follows:
  2. Every sex offender who on the effective date  of  this  article  is
then  on  parole or probation for an offense provided for in subdivision
two or three of section one hundred sixty-eight-a of this article  shall
within  ten calendar days of such determination register with his parole
or probation officer. [On each anniversary of]  ON  AND  AFTER  the  sex
offender's  initial  registration  date  [thereafter], the provisions of
section one hundred sixty-eight-f of this article  shall  BE  DEEMED  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06187-01-1

S. 1829                             2

apply  TO  SUCH  OFFENDER.   Any sex offender who fails or refuses to so
comply shall be subject to the same penalties as otherwise provided  for
in  this article which would be imposed upon a sex offender who fails or
refuses  to  so  comply  with the provisions of this article on or after
such effective date.
  S 4. Subdivisions 1 and 2 of section 168-h of the correction  law,  as
amended  by  chapter  1  of  the  laws  of  2006, are amended to read as
follows:
  1. The duration of registration and verification for  a  sex  offender
who  has  not  been  designated a sexual predator, or a sexually violent
offender, or a predicate sex offender, and who is classified as a  level
one risk, or who has not yet received a risk level classification, shall
be  [annually]  BIANNUALLY for a period of twenty years from the initial
date of registration.
  2. The duration of registration and verification for  a  sex  offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al  predator,  or a sexually violent offender, or a predicate sex offen-
der, or who is classified as a level two or level three risk,  shall  be
[annually]  BIANNUALLY  for  life.  Notwithstanding the foregoing, a sex
offender who is classified as a level two risk and who is not designated
a sexual predator, a sexually violent offender or a predicate sex offen-
der, may be relieved of the duty to register and verify as  provided  by
subdivision one of section one hundred sixty-eight-o of this article.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  any
rules,  regulations  and  forms necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date.

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