senate Bill S6073

Requires sex offenders who fail to register or verify twice or more to wear a location-tracking device

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Sponsor

Bill Status


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

  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Requires sex offenders who fail to register or verify their registration on two or more occasions to wear a location-tracking device while on probation, parole, conditional release or post-release supervision; failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.

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Bill Details

See Assembly Version of this Bill:
A1115
Versions:
S6073
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Correction Law
Laws Affected:
Amd ยง168-t, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A2630, A2630
2007-2008: A5003, A5003

Sponsor Memo

BILL NUMBER:S6073

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring sex offenders who
repeatedly fail to register and verify to wear a location-transmitting
device

PURPOSE:
This bill will require sex offenders who fail to register in a timely
manner or verify their registration requirements under New York
State's Sex Offender Registration Act to wear location transmitting
devices.

SUMMARY OF PROVISIONS:
Section One - Section 168-t of the Correction Law, as amended by
Chapter 604 of the Laws of 2005, is amended to make an addition to
the penalties provided when a sex offender fails to register or
verify his/her information required pursuant to this article two or
more times to be required to wear a location transmitting device at
all times.

Section Two - 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. 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 where any sex offender who fails to register, verify or update
information regarding their sex offender registration requirements
two or more times be mandated to wear a GPS monitoring system such as
an ankle bracelet. Should such legislation be signed into law by the
President, all states will risk the loss of 10 percent of funds that
would otherwise be allocated to the state under Section 506 of the
Omnibus Crime Control and Safe Streets Act of 1968. The war against
sex offenders needs to be stepped up and GPS
technology and the strict monitoring of the most dangerous and
uncooperative offenders is a big step in the right direction.

LEGISLATIVE HISTORY:
A.1115 - Held in Corrections Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that any rules and regulations
necessary to implement the provisions of subdivision 2 of section
168-t of the correction law, as added by section one of this act, on
its effective date are authorized and directed to be completed on or
before such date.

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

                                  6073

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 who repeatedly fail to register and verify to  wear  a  location-
  transmitting device

  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. 1. Any sex offender required to register or to veri-
fy  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.
  2.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SECTION, ANY SEX OFFENDER
FOUND GUILTY OF A VIOLATION OF THIS SECTION ON  TWO  OR  MORE  OCCASIONS
SHALL,  IF  SENTENCED TO PROBATION, BE REQUIRED TO WEAR AT ALL TIMES FOR
THE DURATION OF THE PERIOD OF PROBATION A LOCATION-TRANSMITTING  DEVICE,
AND,  IF  SENTENCED  TO A PERIOD OF IMPRISONMENT, BE REQUIRED TO WEAR AT
ALL TIMES FOR THE DURATION OF ANY PERIOD OF PAROLE, CONDITIONAL  RELEASE
OR POST-RELEASE SUPERVISION A LOCATION-TRANSMITTING DEVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03650-01-1

S. 6073                             2

  (B)  THE  LOCATION-TRANSMITTING  DEVICE  SHALL  BE ATTACHED TO THE SEX
OFFENDER BY THE AGENCY SUPERVISING THE  SEX  OFFENDER  AND  SUCH  AGENCY
SHALL  REGULARLY  AND  FREQUENTLY MONITOR THE INFORMATION TRANSMITTED BY
THE LOCATION-TRANSMITTING DEVICE.
  (C)  ANY  SEX OFFENDER WHO IS REQUIRED TO BE MONITORED PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL  UPON
CONVICTION  BE  GUILTY  OF A CLASS D FELONY.  SUCH VIOLATION 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 THE REVOCATION OF
PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided  that  any  rules  and  regulations
necessary  to implement the provisions of subdivision 2 of section 168-t
of the correction law, as added by section  one  of  this  act,  on  its
effective  date are authorized and directed to be completed on or before
such date.

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