Senate Bill S949

2017-2018 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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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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2017-S949 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Crime Victims, Crime And 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
2015-2016: S4765, A4987
2019-2020: S3316

2017-S949 (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.

2017-S949 (ACTIVE) - Sponsor Memo

2017-S949 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2017-2018 Regular Sessions
                             I N  S E N A T E
                              January 5, 2017
 Introduced  by  Sens. FUNKE, KAMINSKY -- 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

   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.


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