Senate Bill S4765

2015-2016 Legislative Session

Makes the failure of a sex offender to appear at his or her registration determination hearing a class D felony

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4765 (ACTIVE) - Details

See Assembly Version of this Bill:
A4987
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-f, 168-k, 168-n & 168-t, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1337, A3509
2011-2012: S1542, A4869
2013-2014: S1391, A2647
2017-2018: S949, A4087
2019-2020: S3316

2015-S4765 (ACTIVE) - Summary

Expands the statement of notice of a registration determination hearing to be given to a sex offender to include notice of the right to counsel and that the failure to appear shall be a violation of the sex offender registration act; removes the proof of residence exception for failure to mail the signed verification form; makes all violations of the sex offender registration act class D felonies.

2015-S4765 (ACTIVE) - Sponsor Memo

2015-S4765 (ACTIVE) - Bill Text download pdf

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

                                  4765

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 notice to sex offen-
  ders of their determination hearing and the penalty for violations  by
  sex offenders

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

  Section 1. Subdivisions 2 and 4 of section  168-d  of  the  correction
law,  subdivision 2 as amended and subdivision 4 as added by chapter 684
of the laws of 2005, are 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 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 enforce-
ment agencies having jurisdiction.  The  court  shall  also  notify  the
district  attorney and the sex offender of the date of the determination
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07325-01-5
              

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