S T A T E O F N E W Y O R K
________________________________________________________________________
6553
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
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Introduced by M. of A. SCOZZAFAVA, McDONOUGH, O'MARA, SPANO -- Multi-
Sponsored by -- M. of A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING,
BUTLER, CALHOUN, CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO,
HAYES, KOLB, MILLER, OAKS, QUINN, RABBITT, RAIA, REILICH, SALADINO,
SAYWARD, TEDISCO, THIELE, TOBACCO, TOWNSEND -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to the penalty for fail-
ure to register by a sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 2 of section 168-f of the
correction law, as amended by chapter 453 of the laws of 1999, is
amended to read as follows:
(c) If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form, he or
she shall be in violation of this section [unless he proves that he or
she has not changed his or her residence address] AND SUBJECT TO THE
PENALTIES SET FORTH IN SECTION ONE HUNDRED SIXTY-EIGHT-T OF THIS
ARTICLE.
S 2. 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 LEVEL ONE OR LEVEL TWO 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 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 HAVE THE AMOUNT OF TIME THE OFFENDER EVADED REGISTRATION
OR VERIFICATION ADDED TO THE DURATION SUCH SEX OFFENDER IS MANDATED TO
REGISTER PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS ARTICLE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08553-01-9
A. 6553 2
shall be guilty of a class [A misdemeanor] 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 such failure to regis-
ter 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. ANY LEVEL THREE 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 IN THIS
ARTICLE SHALL HAVE THE AMOUNT OF TIME THE OFFENDER EVADED REGISTRATION
OR VERIFICATION ADDED TO THE DURATION SUCH SEX OFFENDER IS MANDATED TO
REGISTER PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS ARTICLE,
SHALL BE GUILTY OF A CLASS D FELONY UPON CONVICTION FOR THE FIRST
OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
GUILTY OF A CLASS C 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.
S 3. Section 168-w of the correction law, as relettered by chapter 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 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.