NY State Senate Bill 2019-S1314

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 14, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S1314 (ACTIVE) - Details

See Assembly Version of this Bill:: A8579
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f, 168-g & 168-h, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1485
2011-2012: S1829
2013-2014: S1428
2015-2016: S5681, S6689
2017-2018: S2173, A8719
2021-2022: S3756
2023-2024: S6068

2019-S1314 (ACTIVE) - Summary

Requires sex offenders to verify their residence and registration on a biannual basis; provides that the division shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.

2019-S1314 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1314

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring sex offen-
ders to verify their registration with the sex offender registry on a
biannual basis

 
PURPOSE:

To increase the number of times a sex offender has to verify their
registration with the Division of Criminal Justice Services.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 4 of Section 168-b of the Correction Law, as
added by Chapter 192 of the Laws of 1995, is amended to provide that
DCJS shall on random dates in each six month period of the year mail a
nonforwardable verification form to sex offenders.

Section 2: The opening paragraph of subdivision 2 of section 168-f of
the Correction Law, as added by Chapter 192 of the Laws of 1995, is
amended to change from an annual verification date to a random biannual
verification procedure.

Section 3: Subdivision 2 of section 168-g of the Correction Law, as
amended by section 18 of subpart B of part C of Chapter 62 of the laws
of 2011, is amended to provide that sex offenders must comply with the
random biannual address verification.

Section 4: Subdivisions 1 and 2 of section 168-h of the Correction Law,
as amended by Chapter 1 of the Laws of 2006, are amended to change annu-
ally to biannually.

Section 5: Provides the effective date.

 
JUSTIFICATION:

Terrifying examples of the need for stricter laws regulating sex offen-
ders permeate the news across the country evening after evening.  The
killing of children like Jessica Lunsford in Florida is a sad reminder
that the current state of sex offender registration and community
notification leaves more to be done in the effort to ensure the safety
of our children and communities. Law enforcement officers need better
tools to be able to keep track of the most dangerous offenders, espe-
cially those who choose to ignore their registration requirements under
New York State's version of Megan's Law.  Therefore, it is vitally
important to verify the registered location of sex offenders to make
sure that they have not moved and are still following their registration
requirements.

Under current law, level 3 offenders must verify their registration
every 90 days. However, level 1 and 2 offenders are only checked on once
a year with a verification form on their anniversary of registration. By
giving convicted sex offenders a year between each verification of their
registration, and especially by letting them know when this verification
will take place, we leave New York residents vulnerable to the possibil-
ity that these offenders will cheat the system in between verifications
in order to harm more children. Recent attacks on children across the
country have shown that sex offenders will often abscond from their
registered address to areas where law enforcement and residents are
unaware of their existence. Therefore, it is important to verify that a
sex offender is indeed living where they are registered at least once in
each six month period of time, and to stop doing so on a date that the
offender is aware of in advance.

 
LEGISLATIVE HISTORY:

2017-18: S.2173 Passed Senate
2015-16: S.6689 Passed Senate
2013-14: S.1428 Referred to Crime Victims, Crime and
Corrections/Assembly Corrections
2011-12: S.1829A Referred to Finance
2009-10: S.1485 Referred to Codes
2007-08: S.434 Passed Senate, Non-Controversial/Assembly Corrections
2005-06: S.5404A Passed Senate/Assembly Corrections

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that any rules, regu-
lations and forms necessary to implement the provisions of this act on
its effective date are authorized and directed to be completed on or
before such date.

2019-S1314 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1314
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sens.  SERINO,  LANZA,  SEWARD -- 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 requiring sex offen-
   ders to verify their registration with the sex offender registry on  a
   biannual basis

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 168-b of the  correction  law,  as
 added by chapter 192 of the laws of 1995, is amended to read as follows:
   4.  The  division  shall, UPON A DIFFERENT RANDOM DATE DURING EACH SIX
 MONTH PERIOD OF THE CALENDAR YEAR, mail  a  nonforwardable  verification
 form  to  the  last reported address of the person for [annual] BIANNUAL
 verification requirements.
   § 2. The opening paragraph of subdivision 2 of section  168-f  of  the
 correction  law, as added by chapter 192 of the laws of 1995, is amended
 to read as follows:
   For a sex offender required to register under this  article  [on  each
 anniversary  of  the  sex  offender's  initial  registration  date] UPON
 RECEIPT OF EACH RANDOMLY MAILED BIANNUAL VERIFICATION  FORM  during  the
 period  in  which  he  is  required  to  register under this section the
 following applies:
   § 3. Subdivision 2 of section 168-g of the correction law, as  amended
 by  section 18 of subpart B of part C of chapter 62 of the laws of 2011,
 is amended to read as follows:
   2. Every sex offender who on the effective date  of  this  article  is
 then  on  community supervision or probation for an offense provided for
 in subdivision two or three of section one hundred sixty-eight-a of this
 article shall within ten calendar days of  such  determination  register
 with  his  parole  or probation officer. [On each anniversary of] ON AND
 AFTER the sex offender's initial  registration  date  [thereafter],  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06744-01-9

 S. 1314                             2
 
 provisions of section one hundred sixty-eight-f of this article shall BE
 DEEMED  TO apply TO SUCH OFFENDER. Any sex offender who fails or refuses
 to so comply shall  be  subject  to  the  same  penalties  as  otherwise
 provided  for in this article which would be imposed upon a sex offender
 who fails or refuses to so comply with the provisions of this article on
 or after such effective date.
   § 4. Subdivisions 1 and 2 of section 168-h of the correction  law,  as
 amended  by  chapter  1  of  the  laws  of  2006, are amended to read as
 follows:
   1. The duration of registration and verification for  a  sex  offender
 who  has  not  been  designated a sexual predator, or a sexually violent
 offender, or a predicate sex offender, and who is classified as a  level
 one risk, or who has not yet received a risk level classification, shall
 be  [annually]  BIANNUALLY for a period of twenty years from the initial
 date of registration.
   2. The duration of registration and verification for  a  sex  offender
 who, on or after March eleventh, two thousand two, is designated a sexu-
 al  predator,  or a sexually violent offender, or a predicate sex offen-
 der, or who is classified as a level two or level three risk,  shall  be
 [annually]  BIANNUALLY  for  life.  Notwithstanding the foregoing, a sex
 offender who is classified as a level two risk and who is not designated
 a sexual predator, a sexually violent offender or a predicate sex offen-
 der, may be relieved of the duty to register and verify as  provided  by
 subdivision one of section one hundred sixty-eight-o of this article.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law,  provided  that  any
 rules,  regulations  and  forms necessary to implement the provisions of
 this act on its  effective  date  are  authorized  and  directed  to  be
 completed on or before such date.

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Senate Bill S1314

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2019-S1314 (ACTIVE) - Details

2019-S1314 (ACTIVE) - Summary

2019-S1314 (ACTIVE) - Sponsor Memo

2019-S1314 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1314

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Andrew J. Lanza

James L. Seward

2019-S1314 (ACTIVE) - Details

2019-S1314 (ACTIVE) - Summary

2019-S1314 (ACTIVE) - Sponsor Memo

2019-S1314 (ACTIVE) - Bill Text download pdf

Comments