S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    949
 
                        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

   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.
              

                                                            LBD04199-01-7

 S. 949                              2
 
 [This] THE notice TO THE SEX OFFENDER shall include the following state-
 ment  [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 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. YOU HAVE A RIGHT TO
 A HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A  RIGHT
 TO  BE  REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED
 IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE  TO  APPEAR  AT
 THE  HEARING  IS  A  VIOLATION OF THIS ARTICLE. 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.
   4. If a sex offender, having been given notice  OF  THE  DETERMINATION
 PROCEEDING,  including the time and place [of the determination proceed-
 ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
 HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
 shall conduct the hearing and make the determinations in the manner  set
 forth in subdivision three of this section.
   §  2.  Section  168-f of the correction law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. EACH SEX OFFENDER SHALL APPEAR AT THE  DETERMINATION  PROCEEDING,
 SET  FORTH  IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF
 THIS ARTICLE, SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-EIGHT-K  OF
 THIS  ARTICLE  OR SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N
 OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
 SUCH SEX OFFENDER  SHALL  BE  DESIGNATED  A  SEXUAL  PREDATOR,  SEXUALLY
 VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
   § 3. 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] ARTICLE.

 S. 949                              3
 
   §  4.  Subdivisions  2  and  4 of section 168-k 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.  The  division  shall  advise  the  board that the sex offender has
 established residence in this state. The board shall  determine  whether
 the  sex  offender  is  required to register with the division. If it is
 determined that the sex offender is required to register,  the  division
 shall  notify the sex offender of his or her duty to register under this
 article and shall require the sex offender to sign  a  form  as  may  be
 required by the division acknowledging that the duty to register and the
 procedure  for  registration has been explained to the sex offender. The
 division shall obtain on such form the address where  the  sex  offender
 expects to reside within the state and the sex offender shall retain one
 copy of the form and send two copies to the division which shall provide
 the  information to the law enforcement agency having jurisdiction where
 the sex offender expects to reside within  this  state.  No  later  than
 thirty days prior to the board making a recommendation, the sex offender
 shall  be  notified  that his or her case is under review and that he or
 she is permitted to submit to the board any information relevant to  the
 review.  After  reviewing  any  information  obtained,  and applying the
 guidelines established  in  subdivision  five  of  section  one  hundred
 sixty-eight-l  of  this  article,  the board shall within sixty calendar
 days make a recommendation regarding the level of notification  pursuant
 to  subdivision six of section one hundred sixty-eight-l of this article
 and whether such sex offender shall be  designated  a  sexual  predator,
 sexually  violent  offender,  or  predicate  sex  offender as defined in
 subdivision seven of section one hundred sixty-eight-a of this  article.
 This recommendation shall be confidential and shall not be available for
 public  inspection.  It  shall  be  submitted by the board to the county
 court or supreme court and to the district attorney  in  the  county  of
 residence  of  the sex offender and to the sex offender. It shall be the
 duty of the county court or supreme court in the county of residence  of
 the  sex  offender,  applying  the guidelines established in subdivision
 five of section one hundred sixty-eight-l of this article, to  determine
 the  level  of  notification  pursuant to subdivision six of section one
 hundred sixty-eight-l of this article  and  whether  such  sex  offender
 shall  be  designated  a  sexual predator, sexually violent offender, or
 predicate sex offender as defined in subdivision seven  of  section  one
 hundred sixty-eight-a of this article. At least thirty days prior to the
 determination  proceeding, such court shall notify the district attorney
 and the sex offender, in writing,  of  the  date  of  the  determination
 proceeding  and  the  court shall also provide the district attorney and
 sex offender with a copy of the recommendation received from  the  board
 and  any  statement  of the reasons for the recommendation received from
 the board. [This] THE notice TO  THE  SEX  OFFENDER  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 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.
 YOU  HAVE  A  RIGHT  TO  A HEARING BEFORE THE COURT MAKES THESE DETERMI-
 NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT  HEARING.
 COUNSEL  WILL  BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-

 S. 949                              4
 
 SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. 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 finan-
 cially unable to retain counsel.] A returnable form shall be enclosed in
 the court's notice to the sex offender on which  the  sex  offender  may
 apply  for  assignment  of  counsel.    If  the sex offender applies for
 assignment of counsel and the court finds that the  offender  is  finan-
 cially  unable  to  retain  counsel,  the  court shall assign counsel to
 represent the sex offender pursuant to article eighteen-B of the  county
 law.  If  the  district attorney seeks a determination that differs from
 the recommendation submitted by the board, at least ten  days  prior  to
 the  determination proceeding the district attorney shall provide to the
 court and the sex offender a statement setting forth the  determinations
 sought  by  the  district attorney together with the reasons for seeking
 such determinations. The court shall allow the sex  offender  to  appear
 and be heard. The state shall appear by the district attorney, or his or
 her  designee, who shall bear the burden of proving the facts supporting
 the determinations sought by clear and convincing evidence. It shall  be
 the duty of the court applying the guidelines established in subdivision
 five  of  section one hundred sixty-eight-l of this article to determine
 the level of notification pursuant to subdivision  six  of  section  one
 hundred  sixty-eight-l  of  this  article  and whether such sex offender
 shall be designated a sexual predator,  sexually  violent  offender,  or
 predicate  sex  offender  as defined in subdivision seven of section one
 hundred sixty-eight-a of this article. Where there is a dispute  between
 the  parties  concerning the determinations, the court shall adjourn the
 hearing as necessary to permit the sex offender or the district attorney
 to obtain materials relevant to the determinations from the state  board
 of  examiners of sex offenders or any state or local facility, hospital,
 institution, office, agency, department or division. Such materials  may
 be  obtained  by  subpoena if not voluntarily provided to the requesting
 party. In making the determinations the court shall review any  victim's
 statement  and  any relevant materials and evidence submitted by the sex
 offender and the district attorney and the recommendation and any  mate-
 rial  submitted by the board, and may consider reliable hearsay evidence
 submitted by either party, provided that it is relevant to the  determi-
 nations.  If available, facts proven at trial or elicited at the time of
 a plea of guilty shall be deemed established  by  clear  and  convincing
 evidence  and  shall not be relitigated. The court shall render an order
 setting forth its determinations and the findings of  fact  and  conclu-
 sions  of law on which the determinations are based. A copy of the order
 shall be submitted by the court to the  division.  Upon  application  of
 either  party,  the  court  shall  seal any portion of the court file or
 record which contains material that is confidential under any  state  or
 federal  statute.  Either  party  may  appeal as of right from the order
 pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
 seven  of  the  civil  practice  law  and  rules. Where counsel has been
 assigned to represent the sex offender upon  the  ground  that  the  sex
 offender  is financially unable to retain counsel, that assignment shall
 be continued throughout the pendency of the appeal, and the  person  may

 S. 949                              5

 appeal  as  a  poor  person pursuant to article eighteen-B of the county
 law.
   4.  If  a  sex offender, having been given notice OF THE DETERMINATION
 PROCEEDING, including the time and place [of the determination  proceed-
 ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
 HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
 shall  conduct the hearing and make the determinations in the manner set
 forth in subdivision two of this section.
   § 5. Subdivisions 3 and 6 of section  168-n  of  the  correction  law,
 subdivision  3  as  amended and subdivision 6 as added by chapter 684 of
 the laws of 2005, are amended to read as follows:
   3. No later than thirty days prior to the board's recommendation,  the
 sex  offender shall be notified that his or her case is under review and
 that he or she is permitted to submit to the board any information rele-
 vant to the review. Upon receipt  of  the  board's  recommendation,  the
 sentencing court shall determine whether the sex offender was previously
 found  to be eligible for assigned counsel in the underlying case. Where
 such a finding was previously made, the court shall  assign  counsel  to
 represent  the  offender,  pursuant  to article eighteen-B of the county
 law. At least twenty days prior to  the  determination  proceeding,  the
 sentencing  court  shall  notify the district attorney, the sex offender
 and the sex offender's counsel, in writing, of the date of the  determi-
 nation  proceeding and shall also provide the district attorney, the sex
 offender and the sex offender's counsel with a copy of  the  recommenda-
 tion  received  from  the board and any statement of the reasons for the
 recommendation received from the board. [This] THE  notice  TO  THE  SEX
 OFFENDER shall include the following statement [or a substantially simi-
 lar 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 whether you will be
 designated as a sexual predator, a sexually violent offender or a predi-
 cate  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. YOU HAVE A RIGHT TO A HEARING BEFORE THE
 COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED  BY
 COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
 UNABLE  TO  RETAIN  COUNSEL.  FAILURE  TO  APPEAR  AT  THE  HEARING IS A
 VIOLATION OF THIS ARTICLE. 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
 written  notice  to the sex offender shall also advise the offender that
 he or she has a right to a hearing prior to the  court's  determination,
 and  that  he  or  she has the right to be represented by counsel at the
 hearing.] If counsel has been assigned to represent the offender at  the
 determination  proceeding,  the  notice  shall  also  provide  the name,
 address and telephone number of the assigned counsel. Where counsel  has
 not  been assigned, [the notice shall advise the sex offender that coun-
 sel will be appointed if he or she is financially unable to retain coun-
 sel, and] a returnable form shall be enclosed in the court's  notice  to
 the  sex  offender on which the sex offender may apply for assignment of
 counsel.  If the sex offender applies for assignment of counsel and  the
 court  finds  that the offender is financially unable to retain counsel,
 the court shall assign counsel to represent the sex offender pursuant to

 S. 949                              6
 
 article eighteen-B of the county law. If the district attorney  seeks  a
 determination  that  differs  from  the  recommendation submitted by the
 board, at least ten days  prior  to  the  determination  proceeding  the
 district  attorney  shall  provide  to  the court and the sex offender a
 statement setting forth the determinations sought by the district attor-
 ney together with the reasons for seeking such determinations. The court
 shall allow the sex offender to appear and be  heard.  The  state  shall
 appear  by the district attorney, or his or her designee, who shall bear
 the burden of proving the facts supporting the determinations sought  by
 clear  and  convincing  evidence.  Where  there is a dispute between the
 parties concerning the determinations, the court shall adjourn the hear-
 ing as necessary to permit the sex offender or the district attorney  to
 obtain  materials relevant to the determinations from the state board of
 examiners of sex offenders or any state  or  local  facility,  hospital,
 institution, office, agency, department or division.  Such materials may
 be  obtained  by  subpoena if not voluntarily provided to the requesting
 party. In making the determinations the court shall review any  victim's
 statement  and  any relevant materials and evidence submitted by the sex
 offender and the district attorney and the recommendation and any  mate-
 rials submitted by the board, and may consider reliable hearsay evidence
 submitted  by either party, provided that it is relevant to the determi-
 nations. Facts previously proven at trial or elicited  at  the  time  of
 entry  of  a  plea  of  guilty  shall be deemed established by clear and
 convincing evidence and shall not be relitigated. The court shall render
 an order setting forth its determinations and the findings of  fact  and
 conclusions  of law on which the determinations are based. A copy of the
 order shall be submitted by the court to the division. Upon  application
 of  either  party, the court shall seal any portion of the court file or
 record which contains material that is confidential under any  state  or
 federal  statute.  Either  party  may  appeal as of right from the order
 pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
 seven  of  the  civil  practice  law  and  rules. Where counsel has been
 assigned to represent the sex offender upon  the  ground  that  the  sex
 offender  is financially unable to retain counsel, that assignment shall
 be continued throughout the pendency of the appeal, and the  person  may
 appeal  as  a  poor  person pursuant to article eighteen-B of the county
 law.
   6. If a sex offender, having been given notice  OF  THE  DETERMINATION
 PROCEEDING,  including the time and place [of the determination proceed-
 ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
 HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
 shall conduct the hearing and make the determinations in the manner  set
 forth in subdivision three of this section.
   § 6. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   §  168-t.  [Penalty]  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION
 PROCEEDING, ANNUALLY VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN
 INSTITUTION  OF  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF
 STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
 RESIDENCE IN STATE, OR COMPLY WITH  THE  PROHIBITION  OF  EMPLOYMENT  ON
 MOTOR  VEHICLES  ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY.  1.
 Any sex offender required to register [or to  verify]  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  shall
 be]  IS  guilty  of  [a  class  E  felony  upon conviction for the first
 offense, and upon conviction for a second or subsequent offense shall be

 S. 949                              7

 guilty of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION  PROCEEDING,
 ANNUALLY  VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION
 OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT  AN
 INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
 STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
 ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:
   (A) FAILS TO REGISTER WITH THE DIVISION ON  A  FORM  PREPARED  BY  THE
 DIVISION  (I)  AT  LEAST  TEN  CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
 RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
 CORRECTIONAL  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE OR SHE WAS
 CONFINED OR COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED  FOR  ANY
 SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
 CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE,  OR (III) UPON THE
 DIVISION'S REQUEST FOLLOWING A  DETERMINATION  BY  THE  BOARD  THAT  THE
 OFFENDER  IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF SECTION
 ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
   (B) FAILS TO APPEAR AT THE  DETERMINATION  PROCEEDING,  SET  FORTH  IN
 SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS ARTICLE,
 SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE  OR
 SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS ARTICLE,
 HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX  OFFEN-
 DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
 PREDICATE SEX OFFENDER; OR
   (C)  FAILS  TO SIGN AND RETURN TO THE DIVISION THE ANNUAL VERIFICATION
 FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
 TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
 DAYS AFTER RECEIPT OF THE FORM; OR
   (D) FAILS TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE  LOCAL  LAW
 ENFORCEMENT  AGENCY EVERY NINETY CALENDAR DAYS AFTER THE DATE OF RELEASE
 OR COMMENCEMENT OF PAROLE OR POST-RELEASE SUPERVISION, OR PROBATION,  OR
 RELEASE  ON  PAYMENT  OF  A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL
 DISCHARGE AFTER HAVING BEEN GIVEN A LEVEL THREE  DESIGNATION  OR  HAVING
 BEEN DESIGNATED A SEXUAL PREDATOR; OR
   (E)  FAILS  TO  PROVIDE  THE DIVISION WITH THE NAME AND ADDRESS OF ANY
 INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS  TO  BE  EMPLOYED  BY,
 ENROLLED  IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR NOT,
 AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR  OPERATED
 BY SUCH AN INSTITUTION; OR
   (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
 ANY CHANGE OF ADDRESS; OR
   (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
 ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
   (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
 LISHING  RESIDENCE  IN  THIS STATE IN THE CASE OF A SEX OFFENDER WHO HAS
 BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
 (D) OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THIS
 ARTICLE  OR  PARAGRAPH  (B)  OF SUBDIVISION THREE OF SECTION ONE HUNDRED
 SIXTY-EIGHT-A OF THIS ARTICLE; OR
   (I) VIOLATES THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-EIGHT-V  OF
 THIS ARTICLE.
   2.  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING, ANNU-
 ALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN  INSTITUTION  OF
 HIGHER  EDUCATION,  NOTIFY  OF  ADDRESS CHANGE OR CHANGE OF STATUS AT AN
 INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
 STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT  ON  MOTOR  VEHICLES
 ENGAGED  IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony. [Any

 S. 949                              8

 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 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.
   § 7. This act shall take effect immediately.