S T A T E O F N E W Y O R K
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3784
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. KOON -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to establishing a class
D felony for sex offenders who fail to register or verify and are
found at locations where children often frequent
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.
2. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE
PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER OR VERIFY IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR HEREIN AND WHO LOITERS AT
PARKS, PLAYGROUNDS, SCHOOLS, CHILD DAY CARE CENTERS, LIBRARIES, AMUSE-
MENT PARKS OR ANY OTHER LOCATION THAT CHILDREN ARE LIKELY TO FREQUENT AT
A TIME WHEN CHILDREN ARE ACTUALLY PRESENT, SHALL BE GUILTY OF A CLASS D
FELONY.
3. 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 arti-
cle four hundred ten of the criminal procedure law.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.