S T A T E O F N E W Y O R K
________________________________________________________________________
9173
I N A S S E M B L Y
March 26, 2014
___________
Introduced by M. of A. PALUMBO -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, the tax law and the penal law, in
relation to sex offender registration and verification by sex offen-
ders, the subdirectory of sex offenders, and the penalty for the fail-
ure of a sex offender to comply with verification and registration
requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (e) of subdivision 1 of section 168-b of
the correction law, paragraph (a) as amended by chapter 67 of the laws
of 2008 and paragraph (e) as amended by chapter 532 of the laws of 2011,
are amended to read as follows:
(a) The sex offender's: name[,]; all aliases used[,]; SOCIAL SECURITY
NUMBER; date of birth, sex, race, height, weight, eye color, driver's
license number[,]; LICENSE PLATE NUMBER AND DESCRIPTION OF ANY MOTOR
VEHICLE OWNED BY, REGISTERED TO, OR WHICH IS AVAILABLE FOR USE BY THE
SEX OFFENDER; home address and/or expected place of domicile[,]; any
internet accounts with internet access providers belonging to such
offender [and]; internet identifiers that such offender uses; ANY SOCIAL
MEDIA OR INTERNET PROFILES, INCLUDING PASSWORDS ALLOWING ACCESS TO SUCH
PROFILES; THE CRIMINAL HISTORY OF THE SEX OFFENDER INCLUDING THE DATE OF
ALL ARRESTS AND CONVICTIONS, THE STATUS OF PAROLE, PROBATION OR RELEASE
UNDER SUPERVISION, REGISTRATION STATUS, THE EXISTENCE OF ANY OUTSTANDING
ARREST WARRANTS FOR THE SEX OFFENDER; AND A PHOTOCOPY OF THE SEX
OFFENDER'S DRIVER'S LICENSE OR GOVERNMENT ISSUED IDENTIFICATION CARD.
(e) [If the sex offender has been given a level two or three desig-
nation, such] THE offender's employment address and/or expected place of
employment.
S 2. Subdivisions 1 and 2 of section 168-c of the correction law, as
amended by chapter 11 of the laws of 2002, are amended to read as
follows:
1. In the case of any sex offender, it shall be the duty of the
department, hospital or local correctional facility at least ten calen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13639-02-4
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dar days prior to the release or discharge of any sex offender from a
correctional facility, hospital or local correctional facility to notify
the division of the contemplated release or discharge of such sex offen-
der, informing the division in writing on a form provided by the divi-
sion indicating the address at which he or she proposes to reside and
the name and address of any institution of higher education at which he
or she expects to be enrolled, attending or employed, whether for
compensation or not, and whether he or she resides in or will reside in
a facility owned or operated by such institution, AND THE SEX OFFENDER'S
EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT. If such sex
offender changes his or her place of residence while on parole, such
notification of the change of residence shall be sent by the sex
offender's parole officer within forty-eight hours to the division on a
form provided by the division. If such sex offender changes the status
of his or her enrollment, attendance, employment or residence at any
institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF
EMPLOYMENT while on parole, such notification of the change of status
shall be sent by the sex offender's parole officer within forty-eight
hours to the division on a form provided by the division.
2. In the case of any sex offender on probation, it shall be the duty
of the sex offender's probation officer to notify the division within
forty-eight hours of the new place of residence on a form provided by
the division. If such sex offender changes the status of his or her
enrollment, attendance, employment or residence at any institution of
higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT while on
probation, such notification of the change of status shall be sent by
the sex offender's probation officer within forty-eight hours to the
division on a form provided by the division.
S 3. Subdivision 2 of section 168-d of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
2. Any sex offender, who is released on probation or discharged upon
payment of a fine, conditional discharge or unconditional discharge
shall, prior to such release or discharge, be informed of his or her
duty to register under this article by the court in which he or she was
convicted. At the time sentence is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender to read and sign such form and to
complete the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or employed, whether for compensation or not, and whether he or she
expects to reside in a facility owned or operated by such an institu-
tion, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF
EMPLOYMENT, and shall report such information to the division. The court
shall give one copy of the form to the sex offender and shall send two
copies to the division which shall forward the information to the law
enforcement agencies having jurisdiction. The court shall also notify
the district attorney and the sex offender of the date of the determi-
nation proceeding to be held pursuant to subdivision three of this
section, which shall be held at least forty-five days after such notice
is given. This notice shall include the following statement or a
substantially similar statement: "This proceeding is being held to
determine whether you will be classified as a level 3 offender (risk of
repeat offense is high), a level 2 offender (risk of repeat offense is
moderate), or a level 1 offender (risk of repeat offense is low), or
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whether you will be designated as a sexual predator, a sexually violent
offender or a predicate sex offender, which will determine how long you
must register as a sex offender and how much information can be provided
to the public concerning your registration. If you fail to appear at
this proceeding, without sufficient excuse, it shall be held in your
absence. Failure to appear may result in a longer period of registration
or a higher level of community notification because you are not present
to offer evidence or contest evidence offered by the district attorney."
The court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has the
right to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable to retain counsel. If
the sex offender applies for assignment of counsel to represent him or
her at the hearing and counsel was not previously assigned to represent
the sex offender in the underlying criminal action, the court shall
determine whether the offender is financially unable to retain counsel.
If such a finding is made, the court shall assign counsel to represent
the sex offender pursuant to article eighteen-B of the county law. Where
the court orders a sex offender released on probation, such order must
include a provision requiring that he or she comply with the require-
ments of this article. Where such sex offender violates such provision,
probation may be immediately revoked in the manner provided by article
four hundred ten of the criminal procedure law.
S 4. Subdivision 1 of section 168-e of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
1. Any sex offender, to be discharged, paroled, released to post-re-
lease supervision or released from any state or local correctional
facility, hospital or institution where he or she was confined or
committed, shall at least fifteen calendar days prior to discharge,
parole or release, be informed of his or her duty to register under this
article, by the facility in which he or she was confined or committed.
The facility shall require the sex offender to read and sign such form
as may be required by the division stating the duty to register and the
procedure for registration has been explained to him or her and to
complete the registration portion of such form. The facility shall
obtain on such form the address where the sex offender expects to reside
upon his or her discharge, parole or release and the name and address of
any institution of higher education he or she expects to be employed by,
enrolled in, attending or employed, whether for compensation or not, and
whether he or she expects to reside in a facility owned or operated by
such an institution, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR
EXPECTED PLACE OF EMPLOYMENT, and shall report such information to the
division. The facility shall give one copy of the form to the sex offen-
der, retain one copy and shall send one copy to the division which shall
provide the information to the law enforcement agencies having jurisdic-
tion. The facility shall give the sex offender a form prepared by the
division, to register with the division at least fifteen calendar days
prior to release and such form shall be completed, signed by the sex
offender and sent to the division by the facility at least ten days
prior to the sex offender's release or discharge.
S 5. Subdivisions 2 and 4 of section 168-f of the correction law,
subdivision 2 as added by chapter 192 of the laws of 1995, paragraph
(b-1) of subdivision 2 as amended by chapter 532 of the laws of 2011,
paragraphs (b-2), (b-3) and (c-1) of subdivision 2 as added by section 2
of part O of chapter 56 of the laws of 2005, paragraph (c) of subdivi-
sion 2 as amended by chapter 453 of the laws of 1999 and subdivision 4
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as amended by chapter 67 of the laws of 2008, are amended to read as
follows:
2. For a sex offender required to register under this article on each
anniversary of the sex offender's initial registration date during the
period in which he OR SHE is required to register under this section the
following applies:
(a) The sex offender shall mail the verification form to the division
within ten calendar days after receipt of the form.
(b) The verification form shall be signed by the sex offender, and
state that he OR SHE still resides at the address last reported to the
division[.
(b-1) If the sex offender has been given a level two or three desig-
nation, such offender shall sign the verification form, and state that
he or she] AND still is employed at the address last reported to the
division.
[(b-2)] (B-1) If the sex offender has been given a level three desig-
nation, he or she shall personally appear at the law enforcement agency
having jurisdiction within [twenty days of the first anniversary] THREE
MONTHS of the sex offender's initial registration and every [year] THREE
MONTHS thereafter during the period of registration for the purpose of
providing a current photograph of such offender. The law enforcement
agency having jurisdiction shall photograph the sex offender and shall
promptly forward a copy of such photograph to the division. For purposes
of this paragraph, if such sex offender is confined in a state or local
correctional facility, the local law enforcement agency having jurisdic-
tion shall be the warden, superintendent, sheriff or other person in
charge of the state or local correctional facility.
[(b-3)] (B-2) If the sex offender has been given a [level one or]
level two designation, he or she shall personally appear at the law
enforcement agency having jurisdiction within [twenty days of the third
anniversary] SIX MONTHS of the sex offender's initial registration and
every [three years] SIX MONTHS thereafter during the period of registra-
tion for the purpose of providing a current photograph of such offender.
The law enforcement agency having jurisdiction shall photograph the sex
offender and shall promptly forward a copy of such photograph to the
division. For purposes of this paragraph, if such sex offender is
confined in a state or local correctional facility, the local law
enforcement agency having jurisdiction shall be the warden, superinten-
dent, sheriff or other person in charge of the state or local correc-
tional facility.
(B-3) IF THE SEX OFFENDER HAS BEEN GIVEN A LEVEL ONE DESIGNATION, HE
OR SHE SHALL PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WITHIN TWENTY DAYS OF THE FIRST ANNIVERSARY OF THE SEX
OFFENDER'S INITIAL REGISTRATION AND EVERY YEAR THEREAFTER DURING THE
PERIOD OF REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH
OF SUCH OFFENDER. THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL
PHOTOGRAPH THE SEX OFFENDER AND SHALL PROMPTLY FORWARD A COPY OF SUCH
PHOTOGRAPH TO THE DIVISION. FOR THE PURPOSES OF THIS PARAGRAPH, IF SUCH
SEX OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY, THE
LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE WARDEN,
SUPERINTENDENT, SHERIFF OR OTHER PERSON IN CHARGE OF THE STATE OR LOCAL
CORRECTIONAL FACILITY.
(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
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PENALTIES SET FORTH IN SECTION ONE HUNDRED SIXTY-EIGHT-T OF THIS
ARTICLE.
(c-1) If the sex offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph [b] (B) of subdivision one
of section one hundred sixty-eight-b of this article, fails to
personally appear at the law enforcement agency having jurisdiction, as
provided in paragraph (B-1), (b-2) or (b-3) of this subdivision[, within
twenty days of the anniversary of the sex offender's initial registra-
tion], or an alternate later date scheduled by the law enforcement agen-
cy having jurisdiction, he or she shall be in violation of this section.
The duty to personally appear for such updated photograph shall be
temporarily suspended during any period in which the sex offender is
confined in any hospital or institution, and such sex offender shall
personally appear for such updated photograph no later than [ninety]
THIRTY days after release from such hospital or institution, or an
alternate later date scheduled by the law enforcement agency having
jurisdiction.
4. Any sex offender shall register with the division no later than ten
calendar days after any change of NAME, address, SOCIAL MEDIA OR INTER-
NET PROFILES, INCLUDING PASSWORDS ALLOWING ACCESS TO SUCH PROFILES,
internet accounts with internet access providers belonging to such
offender, internet identifiers that such offender uses, or his or her
status of enrollment, attendance, employment or residence at any insti-
tution of higher education. A fee of ten dollars, as authorized by
subdivision eight of section one hundred sixty-eight-b of this article,
shall be submitted by the sex offender each time such offender registers
any change of NAME OR address or any change of his or her status of
enrollment, attendance, employment or residence at any institution of
higher education. Any failure or omission to submit the required fee
shall not affect the acceptance by the division of the change of address
or change of status.
S 6. 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 WITHOUT PROVING THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESI-
DENCE ADDRESS 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. WHERE SUCH OFFENDER PROVES
THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS HE OR SHE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
2. 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.
3. ANY CONVICTION FOR A FAILURE TO REGISTER OR VERIFY, WITHOUT PROVING
THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS, SHALL
REQUIRE THE OFFENDER TO SUBMIT TO THE USE OF AN ELECTRONIC MONITORING
DEVICE. ANY SEX OFFENDER REQUIRED TO BE ELECTRONICALLY MONITORED PURSU-
ANT TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT
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 SUCH VIOLATION MAY ALSO BE THE BASIS FOR
REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE
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EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTI-
CLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
4. 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 7. Section 168-w of the correction law, as added by chapter 192 of
the laws of 1995 and as relettered by chapter 604 of the laws of 2005,
is relettered section 165-x and amended and a new section 168-w is added
to read as follows:
S 168-W. SUBMISSION OF FRAUDULENT INFORMATION RESPECTING IDENTITY,
EMPLOYMENT, OR RESIDENCE FOR THE PURPOSE OF REGISTRATION OR VERIFICA-
TION; PENALTY. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE, WHO WITH FRAUDULENT INTENT,
SUBMITS FALSE INFORMATION RESPECTING HIS OR HER IDENTITY, EMPLOYMENT OR
RESIDENCE, 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 168-x. [Separability] SEVERABILITY. If any section of this article,
or part thereof shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the
remainder or any other section or part thereof.
S 8. The tax law is amended by adding a new section 171-z as follows:
S 171-Z. LOCATING ABSCONDING REGISTERED SEX OFFENDERS. THE COMMISSION-
ER SHALL BE AUTHORIZED TO CROSS REFERENCE THE SOCIAL SECURITY NUMBERS OF
SEX OFFENDERS REQUIRED TO REGISTER PURSUANT TO ARTICLE SIX-C OF THE
CORRECTION LAW WITH INCOME TAX RETURNS MAINTAINED BY THE DEPARTMENT WHEN
A REQUEST FOR SUCH CROSS REFERENCE IS RECEIVED FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES FOR THE PURPOSE OF LOCATING THOSE REGISTERED
SEX OFFENDERS WHO FAIL TO NOTIFY THE DIVISION OF ANY CHANGE OF ADDRESS,
AS REQUIRED BY ARTICLE SIX-C OF THE CORRECTION LAW. THE COMMISSIONERS OF
TAXATION AND FINANCE AND THE DIVISION OF CRIMINAL JUSTICE SERVICES ARE
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THIS
SECTION.
S 9. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of the
penal law, as amended by chapter 7 of the laws of 2007, are amended and
two new paragraphs (g) and (h) are added to read as follows:
(e) such period shall be not less than one and one-half years nor more
than three years whenever a determinate sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of this article
upon a conviction of a class D or class E violent felony offense EXCEPT
WHEN SUCH DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION FOR ONE OF THE CRIMES LISTED IN PARAGRAPH (G) OF THIS SUBDI-
VISION;
(f) such period shall be not less than two and one-half years nor more
than five years whenever a determinate sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of this article
upon a conviction of a class B or class C violent felony offense[.]
EXCEPT WHEN SUCH DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION FOR ONE OF THE CRIMES LISTED IN PARAGRAPH (H) OF THIS SUBDI-
VISION;
(G) SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION THREE
OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS D VIOLENT
FELONY OFFENSE WHEN THE CRIME COMMITTED WAS SEXUAL ABUSE IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.65 WHEN THE OTHER PERSON IS LESS THAN
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ELEVEN YEARS OLD OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THIS CHAPTER;
(H) SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION THREE
OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS B VIOLENT
FELONY OFFENSE WHEN THE CRIME COMMITTED WAS RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.50, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE
AS DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD
IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER.
S 10. Section 803 of the correction law is amended by adding a new
subdivision 1-b to read as follows:
1-B. A PERSON SERVING A DETERMINATE SENTENCE WHO IS SUBJECT TO THE
PERIOD OF POST-RELEASE SUPERVISION ESTABLISHED IN PARAGRAPH (G) OR (H)
OF SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW SHALL NOT BE ENTI-
TLED TO ANY GOOD BEHAVIOR ALLOWANCE ESTABLISHED IN THIS SECTION.
S 11. All costs associated with this chapter shall be borne by the
state.
S 12. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
S 13. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law, and shall apply
to all sex offenders registered or required to register immediately
prior to the effective date of this act, and to all sex offenders
required to register on or after such effective date, provided however
that the amendments to section 803 of the correction law made by section
ten of this act shall survive the expiration and reversion of such
section as provided in subdivision d of section 74 of chapter 3 of the
laws of 1995, as amended.