senate Bill S3532

Makes it a class E felony for a sex offender to submit fraudulent information regarding his or her identity or residence when registering or verifying

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Sponsor

O'BRIEN

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

  • 05 / Feb / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1603
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1484
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CORRECTION

Summary

Makes it a class E felony for a sex offender to submit fraudulent information regarding his or her identity or residence when registering or verifying under the Sex Offender Registration Act (Megan's Law).

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Bill Details

Versions:
S3532
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1927
2009-2010: S794

Sponsor Memo

BILL NUMBER:S3532

TITLE OF BILL: An act to amend the correction law, in relation to the
penalty for a sex offender submitting fraudulent information respecting
his or her identity or residence or both, when registering or verifying
such information pursuant to the Sex Offender Registration Act

PURPOSE: Adds a new section to Megan's Law, which creates a penalty for
offering false information when registering as a sex offender.

SUMMARY OF PROVISIONS:

Section 1: section 168-w of the Correction Law is relettered section
166-x and a new section 168-w is added. Under the new section 168-w, a
sex offender who is required to register under Megan's Law and submits,
with fraudulent intent, false information respecting his/her identity,
residence or both is guilty of an "E" felony.

EXISTING LAW: Currently, Megan's Law only provides a penalty for fail-
ure to register (section 168-t of the Correction Law). The first offense
is an "A" misdemeanor and the second or subsequent offense is a "0"
felony. This legislation would create the specific offense of offering
a false statement when registering.

JUSTIFICATION: In Monroe County, a sex offender required to register
under Megan's Law, circumvented the law by giving a false address to the
registry.

The man who failed to properly register had been previously convicted of
raping a Rochester girl and served three years in prison for his
offense. When released from prison, he was given the highest risk rating
possible. He first registered with the sex offender registry in 1996
when he was released from prison. It was not discovered that he had
intentionally deceived law enforcement personnel and had broken the law
until 2001, when his renewal form was returned as undeliverable after it
was sent to the wrong address.

The object of Megan's law is to protect public safety by insuring that
people in a neighborhood or community where a sex offender resides after
imprisonment are notified of the potential risk such person poses to
them or their children. Also, the registry created under Megan's Law
insures that law enforcement personnel may have dependable resources
that allows them to locate all convicted sex offenders in a region.
Without accurate information being given to the registry, the law
becomes toothless and unenforceable.

In the case cited above, the sex offender was able to live in a communi-
ty for 5 years without neighbors or the local law enforcement being
notified of the heightened risk. Luckily no harm resulted while his
whereabouts were unknown. However, this is a potentially dangerous situ-
ation which should not be tolerated and should be punishable.

In charging the sex offender, the prosecutor in Monroe County had to
rely on various statutes outside of the registry statute such as falsi-
fying business records and offering a false instrument for filing.
Although the sex offender was charged with a failure to register under
Megan's Law, the first offense as provided by the statute is only an "A"
misdemeanor.

Therefore, this legislation would insure that a specific offense is
created within the Corrections Law to deal with the offering of false
information when registering under Megan's Law and insure that the
offender is appropriately punished as a felon.

LEGISLATIVE HISTORY: 2003-2004: S.120-A - Passed Senate 2005-2006:
S.970 - Passed Senate 2007-2008: S.274 - Passed Senate 2009-2010: S.794
- Referred to Crime Victims, Crime & Corrections 2011-2012: S.1927 -
Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to any information submitted by a sex offender after its effective date.

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

                                  3532

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 penalty for a sex
  offender submitting fraudulent information respecting his or her iden-
  tity or residence or both, when registering or verifying such informa-
  tion pursuant to the Sex Offender Registration Act

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S  168-W.  SUBMISSION OF FRAUDULENT INFORMATION RESPECTING IDENTITY OR
RESIDENCE FOR THE PURPOSE OF REGISTRATION OR VERIFICATION; PENALTY.  ANY
SEX  OFFENDER  REQUIRED  TO  REGISTER  OR  TO  VERIFY  PURSUANT  TO  THE
PROVISIONS OF THIS ARTICLE WHO, WITH FRAUDULENT  INTENT,  SUBMITS  FALSE
INFORMATION RESPECTING HIS OR HER IDENTITY OR RESIDENCE OR BOTH, FOR THE
PURPOSE  OF, OR IN THE COURSE OF, SATISFYING HIS OR HER DUTY TO REGISTER
OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL BE GUILTY
OF A CLASS E FELONY.
  S 2. This act shall take effect immediately and  shall  apply  to  any
information submitted by a sex offender on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06997-01-3

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