senate Bill S1428

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

  • 09 / Jan / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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

See Assembly Version of this Bill:
A4865
Versions:
S1428
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-b, 168-f, 168-g & 168-h, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1829A, S1829A
2009-2010: S1485, S1485

Sponsor Memo

BILL NUMBER:S1428

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 non-forwardable verification form to sex offenders.

Section Two - 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 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 amended by section 18 of subpart B of part C of Chapter 62 of the
laws of 2011, 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. 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:
2011-2012: S.1829A - Reported to Finance
2009-2010: S.1485 - Referred to Codes
2007-2008: S.434 - Passed Senate, Non-Controversial/Assembly
Corrections
2005-2006: S.S404A - 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 completed
on or before such date.

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

                                  1428

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  amended
by  section 18 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. Every sex offender who on the effective date  of  this  article  is
then  on  community supervision 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05832-01-3

S. 1428                             2

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 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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