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

                                   424

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. GUNTHER, LUPARDO, CUSICK, RAMOS, PHEFFER, ZEBROW-
  SKI,  SPANO,  TITONE,  M. MILLER  --  Multi-Sponsored  by  -- M. of A.
  ABBATE, COLTON, DESTITO, ENGLEBRIGHT, LATIMER, LIFTON, MAGEE,  MAGNAR-
  ELLI,  McKEVITT,  PAULIN,  REILLY,  N. RIVERA,  SALADINO, SCHIMMINGER,
  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.
                                                           LBD02092-01-1
              

A. 424                              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.