S T A T E O F N E W Y O R K
________________________________________________________________________
3877
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
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Introduced by M. of A. NORRIS, DeSTEFANO, J. M. GIGLIO, MORINELLO,
B. MILLER -- Multi-Sponsored by -- M. of A. M. MILLER, SAYEGH, WALSH
-- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the residency and
verification requirements and penalties for certain sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-a of the correction law is amended by adding
two new subdivisions 19 and 20 to read as follows:
19. "SCHOOL GROUNDS" MEANS ANY BUILDING, STRUCTURE, ATHLETIC PLAYING
FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY
LINE OR A LICENSED OR REGISTERED DAY CARE CENTER, PUBLIC OR PRIVATE
ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH
SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN REGULAR
ATTENDANCE.
20. "RESIDENCE" MEANS ANY PLACE OF ABODE, DOMICILE, OR INHABITANCE
WHERE A CONVICTED SEX OFFENDER SPENDS OR INTENDS TO SPEND MORE THAN
THREE NIGHTS A WEEK. FOR PURPOSES OF THIS ARTICLE, A PERSON MAY HAVE
MORE THAN ONE RESIDENCE.
§ 2. The section heading of section 168-e of the correction law, as
added by chapter 192 of the laws of 1995, is amended and a new subdivi-
sion 3 is added to read as follows:
Discharge, PAROLE, OR RELEASE of sex offender [from correctional
facility]; duties of official in charge.
3. NO PERSON REQUIRED TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE
WHO HAS BEEN CONVICTED OF OR CONVICTED FOR AN ATTEMPT TO COMMIT ANY
OFFENSE UNDER SECTION 255.25, ARTICLE ONE HUNDRED THIRTY OR ARTICLE TWO
HUNDRED SIXTY-THREE OF THE PENAL LAW OR ANY OTHER OFFENSES DEFINED IN
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE WHERE THE VICTIM OF
SUCH OFFENSE WAS A PERSON UNDER THE AGE OF EIGHTEEN AND WHO IS OR HAS
BEEN DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR
RELEASED FROM A STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTI-
TUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED SHALL RESIDE WITHIN ONE
THOUSAND FEET OF ANY SCHOOL GROUNDS AS MEASURED IN STRAIGHT LINES FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01572-01-1
A. 3877 2
THE CENTER OF THE NEAREST POINT OF INGRESS OR EGRESS OF THE RESIDENCE TO
THE NEAREST REAL PROPERTY BOUNDARY LINE OF THE SCHOOL GROUNDS.
§ 3. 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. 1. Any sex offender required to register or to veri-
fy 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 guilty of a class E felony upon conviction for the
first offense, and upon conviction for a second or subsequent offense
shall be guilty of a class D felony.
2. Any 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 SEX OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION THREE
OF SECTION ONE HUNDRED SIXTY-EIGHT-E OF THIS ARTICLE SHALL BE GUILTY OF
A CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON
CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS
D FELONY.
4. Any such failure to register [or], verify, OR ABIDE BY RESIDENCY
RESTRICTIONS 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 article four hundred ten of the
criminal procedure law.
5. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND
IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS SECTION, ANY SEX
OFFENDER FOUND GUILTY OF A VIOLATION OF THIS SECTION ON TWO OR MORE
OCCASIONS SHALL BE REQUIRED TO WEAR A LOCATION-TRANSMITTING DEVICE AT
ALL TIMES FOR THE DURATION OF THE PERIOD OF PROBATION, PAROLE, CONDI-
TIONAL RELEASE OR POST-RELEASE SUPERVISION. THE LOCATION-TRANSMITTING
DEVICE SHALL BE ATTACHED TO THE SEX OFFENDER BY THE AGENCY SUPERVISING
THE SEX OFFENDER AND SUCH AGENCY SHALL REGULARLY AND FREQUENTLY MONITOR
THE INFORMATION TRANSMITTED BY THE DEVICE.
B. THE COST OF INSTALLING AND MAINTAINING THE LOCATION-TRANSMITTING
DEVICE SHALL BE BORNE BY THE PERSON SUBJECT TO SUCH CONDITION UNLESS THE
COURT DETERMINES SUCH PERSON IS FINANCIALLY UNABLE TO AFFORD SUCH COST
WHEREUPON SUCH COST MAY BE IMPOSED PURSUANT TO A PAYMENT PLAN OR WAIVED.
SUCH COST SHALL BE CONSIDERED A FINE FOR THE PURPOSES OF SUBDIVISION
FIVE OF SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW. SUCH COST SHALL
NOT REPLACE, BUT SHALL INSTEAD BE IN ADDITION TO, ANY FINES, SURCHARGES,
OR OTHER COSTS IMPOSED PURSUANT TO THIS CHAPTER OR OTHER APPLICABLE
LAWS.
C. ANY SEX OFFENDER WHO IS REQUIRED TO WEAR A LOCATION-TRANSMITTING
DEVICE PURSUANT TO THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL
BE GUILTY OF A CLASS D FELONY AND SUCH VIOLATION MAY 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.
6. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE
PROVISIONS OF THIS ARTICLE WHO KNOWINGLY SUBMITS FALSE INFORMATION
RESPECTING HIS OR HER IDENTITY OR RESIDENCE IN THE COURSE OF COMPLETING
HIS OR HER DUTY TO REGISTER OR TO VERIFY HIS OR HER RESIDENCE PURSUANT
TO THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.