Assembly Bill A841

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

                                   841

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  LUPARDO,  CUSICK,  RAMOS, PHEFFER,
  HYER-SPENCER, ZEBROWSKI, SPANO --  Multi-Sponsored  by  --  M.  of  A.
  ABBATE,  ALFANO,  BARRA,  CARROZZA,  COLTON, DelMONTE, DESTITO, ENGLE-
  BRIGHT, FIELDS, JOHN, KOON, LATIMER, LIFTON, MAGEE, MAGNARELLI, McKEV-
  ITT, PAULIN,  REILLY,  N. RIVERA,  SALADINO,  SCHIMMINGER,  WEINSTEIN,
  WEISENBERG -- read once and referred to the Committee on Correction

AN  ACT to amend the correction law, in relation to sex offender verifi-
  cation

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

  Section  1.  Subdivision  2  of section 168-f of the correction law is
amended by adding a new paragraph (c-2) to read as follows:
  (C-2) (I) IF THE DIVISION DOES NOT  RECEIVE  THE  SIGNED  VERIFICATION
FORM  WITHIN  TWENTY  CALENDAR DAYS AFTER MAILING THE FORM TO THE REGIS-
TRANT, THE DIVISION SHALL PROMPTLY NOTIFY THE SUPERVISING  PROBATION  OR
PAROLE  OFFICER  OR,  IF THE OFFENDER IS NOT ON PROBATION OR PAROLE, THE
LOCAL LAW  ENFORCEMENT  AGENCY  SERVING  THE  REGISTRANT'S  REGISTRATION
ADDRESS,  FORWARD  THE  VERIFICATION  FORM, AND REQUEST THAT OFFICERS OF
SUCH AGENCY VISIT THE REGISTRATION ADDRESS AND MAKE  REASONABLE  EFFORTS
TO CONFIRM THAT THE REGISTRANT CONTINUES TO LIVE THERE.
  (II) (A) IF IT APPEARS TO THESE OFFICERS THAT THE REGISTRANT NO LONGER
LIVES  AT  THE  REGISTRATION ADDRESS, THEY SHALL NOTIFY THE DIVISION AND
THE APPROPRIATE DISTRICT ATTORNEY. IF IT APPEARS TO THESE OFFICERS  THAT
THE  REGISTRANT CONTINUES TO LIVE AT THE REGISTRATION ADDRESS, THE OFFI-
CERS SHALL PRESENT AN APPROPRIATE VERIFICATION FORM FOR  THE  REGISTRANT
TO  SIGN.  IF  THE REGISTRANT PROPERLY COMPLETES AND SIGNS THE FORM, THE
OFFICERS SHALL ACCEPT THE COMPLETED FORM AND FORWARD IT TO THE DIVISION.
IF THE REGISTRANT DOES NOT PROPERLY COMPLETE  AND  SIGN  THE  FORM,  THE
OFFICERS  SHALL  NOTIFY THE DIVISION AND THE APPROPRIATE DISTRICT ATTOR-
NEY.

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

A                                                          LBD02176-01-9

A. 841                              2

  (B) NOTWITHSTANDING PARAGRAPH (C) OF  THIS  SUBDIVISION,  AN  OFFENDER
LIVING  AT THE REGISTRATION ADDRESS WHO REFUSES TO SIGN THE VERIFICATION
FORM PRESENTED IN ACCORDANCE WITH THIS  SUBPARAGRAPH  SHALL  BE  GUILTY,
PURSUANT  TO  SECTION  ONE  HUNDRED  SIXTY-EIGHT-T OF THIS ARTICLE, 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, AND FAILURE TO 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.
  (III) IF A SEX OFFENDER FAILS TO MAIL A SIGNED  VERIFICATION  FORM  TO
THE  DIVISION  IN  THE MANNER AND WITHIN THE TIME PERIOD PROVIDED FOR IN
THIS SUBDIVISION, THE DIVISION, IN ADDITION TO ANY  OTHER  PENALTY  THAT
MAY  BE IMPOSED, SHALL ASSESS AGAINST THE OFFENDER A CIVIL PENALTY EQUAL
TO THE COST INCURRED BY LAW ENFORCEMENT OFFICIALS IN VISITING THE REGIS-
TRATION ADDRESS, UP TO TWO HUNDRED  DOLLARS.  EACH  ANNUAL  VERIFICATION
FORM MAILED TO A SEX OFFENDER PURSUANT TO THIS SUBDIVISION SHALL INCLUDE
A CONSPICUOUS NOTICE OF THE PROVISIONS OF THIS SUBDIVISION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.