senate Bill S1416

2011-2012 Legislative Session

Relates to penalties for failure to provide DNA sample and failure to register or verify as a sex offender

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 18, 2012 referred to codes
delivered to assembly
passed senate
Feb 29, 2012 advanced to third reading
Feb 15, 2012 2nd report cal.
Feb 14, 2012 1st report cal.200
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Apr 06, 2011 referred to codes
Apr 05, 2011 delivered to assembly
passed senate
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.173
Jan 07, 2011 referred to codes

Votes

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Feb 14, 2012 - Codes committee Vote

S1416
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 14, 2012

nay (1)
excused (1)

Mar 8, 2011 - Codes committee Vote

S1416
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1416 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§195.01, 195.02, 195.03 & 195.04, Pen L; amd §168-t, Cor L

S1416 - Bill Texts

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Relates to penalties for failure to provide DNA sample and failure to register or verify as a sex offender.

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BILL NUMBER:S1416

TITLE OF BILL:
An act
to amend the penal law and the correction law,
in relation to establishing penalties for
failure to provide a DNA sample and failure to register or verify
as a sex
offender

PURPOSE:
To create criminal penalties in two instances: where a convicted sex
offender fails to meet his or her obligation under to Sex Offender
Registration Act (SORA); and where a convicted offender refuses or
fails to provide a DNA sample as provided by sections 995(7) and
995-c(3) of the Executive Law.

SUMMARY OF PROVISIONS:
Section 1 amends the Penal Law by adding two new sections 195.01 and
195.02 providing that a person who is required under law to provide a
DNA sample must do so within 30 days or face misdemeanor charges for
the first offense or an E felony for a second and subsequent offense.

Section 2 amends the Penal Law by adding two new sections 195.03 and
195.04 providing that a person who is required under law to register
as a sex offender, and who fails to do so, may be charged with a
class E felony upon the first offense, and a class D felony upon
subsequent offenses.

Section 3 amends section 168-t of the Corrections Law to clarify that
the failure of a sex offender to register or verify may be considered
for a violation of parole or probation.

Section 4 provides the effective date, which is the first of November
next succeeding the date on which it shall have become law.

EXISTING LAW:
Currently, a convicted sex offender who fails to register or verify
his or her information as required under SORA may be charged with a
crime under section 168-t of the correction law. A first time offense
is a class E felony and any subsequent offense is a class D felony.
There is no
penalty provided, specifically, for failure or refusal to provide a
DNA sample and many convicted offenders flout their obligation.

JUSTIFICATION:
The Sex Offender Registration Act (SORA) was an important initiative
in the pursuit to keep our communities safe. However, because failure
to register is a Correction Law felony and not a Penal Law felony, it
does not constitute a predicate felony with regard to enhanced
sentencing.
Moving the offense of "failure to register" to the Penal Law would
improve compliance with the important public safety initiative of
SORA by making offenders who repeatedly refuse to comply with their
sex offender obligations subject to enhanced sentences.


Under Executive Law sections 995(7) and 995-c(3), certain crimes
require the convicted to provide a DNA sample. The success of New
York State's DNA data bank depends on it being as complete as
possible. Nevertheless, many convicted criminals continue to flout
the law and refuse to comply. Offenders are occasionally charged with
obstructing governmental administration in the second degree (section
195.05 of the Penal Law), though this was not the original intent of
section 195.05. Several states have addressed this problem with
statutes that provide a misdemeanor penalty or fines. Creating a
misdemeanor offense in New York for failure to provide a DNA sample
would provide an incentive to comply with the current law.

LEGISLATIVE HISTORY:
2008: S.7984A - Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

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

                                  1416

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  establishing penalties for failure to provide a DNA sample and failure
  to register or verify as a sex offender

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

  Section 1. The penal law is amended by adding two new sections  195.01
and 195.02 to read as follows:
S 195.01 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND
DEGREE WHEN, BEING A DESIGNATED OFFENDER  WHO  HAS  BEEN  CONVICTED  AND
SENTENCED  FOR  A  CRIME  SPECIFIED IN SUBDIVISION SEVEN OF SECTION NINE
HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW AND HAVING  BEEN  GIVEN  NOTICE
THAT HE OR SHE IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TEST-
ING  PURSUANT TO SUBDIVISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C
OF THE EXECUTIVE LAW, SUCH PERSON REFUSES, RESISTS OR OTHERWISE FAILS TO
PROVIDE SUCH SAMPLE.
  FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND  DEGREE  IS  A  CLASS  A
MISDEMEANOR.
S 195.02 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF  FAILURE  TO  PROVIDE  A  DNA
SAMPLE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE
TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
  FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
  S  2.  The  penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN  THE  SECOND
           DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05315-01-1

S. 1416                             2

  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER  OR
VERIFY  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE FAILS
TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN SUCH ARTICLE.
  FAILURE  TO  REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE
IS A CLASS E FELONY.
S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER  IN  THE  FIRST
           DEGREE.
  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE FIRST DEGREE WHEN HE OR SHE  COMMITS  THE  CRIME  OF  FAILURE  TO
REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI-
OUSLY  BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03  OF  THIS  ARTICLE  OR
CONVICTED  FOR  FAILURE  TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED
SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY  PRIOR  TO
THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN
WHICH ADDED THIS SECTION.
  FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS
A CLASS D FELONY.
  S 3. 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] VIOLATIONS; ADDITIONAL PENALTIES.  [Any sex  offen-
der 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 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.  [Any  such]  IN
ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY 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 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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