NY State Senate Bill 2021-S3756

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 30, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S3756 (ACTIVE) - Details

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
2019-2020: S1314
2023-2024: S6068
2025-2026: S1395

2021-S3756 (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.

2021-S3756 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3756

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:

2019-20: S.1314 Referred to Crime Victims, Crime and Corrections

2017-18: S.2173 Passed Senate

2015-16: S.6689 Passed Senate

2013-14: S.1428 Referred to Crime Victims, Crime and Corrections

2011-12: S.1829A Referred to Finance

2009-10: S.1485 Referred to Codes

2007-08: S.434 Passed Senate, Non-Controversial

2005-06: S.5404A Passed Senate

 
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.

2021-S3756 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3756
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced by Sens. SERINO, LANZA -- 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.

                                                            LBD07823-01-1

 S. 3756                             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  to  be  completed  on  or
 before such date.

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Senate Bill S3756

Sponsored By

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

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co-Sponsors

2021-S3756 (ACTIVE) - Details

2021-S3756 (ACTIVE) - Summary

2021-S3756 (ACTIVE) - Sponsor Memo

2021-S3756 (ACTIVE) - Bill Text download pdf

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Sponsored By

Susan Serino

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

Actions

co-Sponsors

Andrew J. Lanza

Mario R. Mattera

2021-S3756 (ACTIVE) - Details

2021-S3756 (ACTIVE) - Summary

2021-S3756 (ACTIVE) - Sponsor Memo

2021-S3756 (ACTIVE) - Bill Text download pdf

Comments