senate Bill S1392

2013-2014 Legislative Session

Requires sex offenders to annually return a verification form to the division of criminal justice services

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Mar 05, 2013 referred to correction
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.85
Jan 09, 2013 referred to crime victims, crime and correction

Votes

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Feb 12, 2013 - Crime Victims, Crime and Correction committee Vote

S1392
9
2
committee
9
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 12, 2013

aye wr (2)

Co-Sponsors

S1392 - Bill Details

See Assembly Version of this Bill:
A2646
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยง168-f, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1825, A4870
2009-2010: S1484, A3794

S1392 - Bill Texts

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Requires sex offenders to annually return an address verification form to the division of criminal justice services.

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BILL NUMBER:S1392

TITLE OF BILL: An act to amend the correction law, in relation to the
duty of sex offenders to annually verify their address

PURPOSE: To require sex offenders to annually return a verification
form to the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS: 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 require a sex offender to return by mail the signed
address verification form to DCJS within 10 calendar days of receipt.
Failure to do so would be a violation of this section.

JUSTIFICATION: Currently, if a sex offender does not mail back the
annual signed address verification form to the Division of Criminal
Justice Services, it starts a process whereby local law enforcement
needs to investigate whether such individual is still residing at the
registered address. If law enforcement brings forward a case against
an individual for failing to mail back such form needed to update
their whereabouts, current law states that it is not a violation if
they can prove that they have not moved. Bringing cases to court which
are protected by the affirmative defense language is a waste of
precious criminal justice time which could be used more effectively
elsewhere. In a sense, the affirmative defense clause thereby gives
sex offenders a free pass if they do not send their signed
verification form back. Since it is of the utmost importance to the
public's safety for DCJS and local law enforcement to keep track of
registered sex offenders, it is necessary to instill a penalty for
failing to return a signed verification form whether or not the
person's address has changed.

LEGISLATIVE HISTORY:
2011/12 - S.1825/A.4870 Passed Senate/Assembly Correction
2009/10 - S.1484 - Referred to Crime Victims, Crime and Correction
2007/08 - S.437 - Passed Senate 54-1 Non-Controversial/Assembly
Correction
2005/06 - S.481 - Passed Senate/Assembly Correction
2003/04 - S.4455/A.8521 - Passed Senate/Assembly Correction

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1392

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  correction  law, in relation to the duty of sex
  offenders to annually verify their address

  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].
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02553-01-3

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