S T A T E O F N E W Y O R K
________________________________________________________________________
3278
2023-2024 Regular Sessions
I N S E N A T E
January 30, 2023
___________
Introduced by Sen. GRIFFO -- 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 who repeatedly fail to register and verify to wear a location-
transmitting device
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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. 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. 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 article four hundred ten of the criminal procedure
law.
2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SECTION, ANY SEX OFFENDER
FOUND GUILTY OF A VIOLATION OF THIS SECTION ON TWO OR MORE OCCASIONS
SHALL, IF SENTENCED TO PROBATION, BE REQUIRED TO WEAR AT ALL TIMES FOR
THE DURATION OF THE PERIOD OF PROBATION A LOCATION-TRANSMITTING DEVICE,
AND, IF SENTENCED TO A PERIOD OF IMPRISONMENT, BE REQUIRED TO WEAR AT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04478-01-3
S. 3278 2
ALL TIMES FOR THE DURATION OF ANY PERIOD OF PAROLE, CONDITIONAL RELEASE
OR POST-RELEASE SUPERVISION A LOCATION-TRANSMITTING DEVICE.
(B) 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 LOCATION-TRANSMITTING DEVICE.
(C) ANY SEX OFFENDER WHO IS REQUIRED TO BE MONITORED PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL UPON
CONVICTION BE GUILTY OF A CLASS D FELONY. SUCH VIOLATION 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 THE REVOCATION OF
PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.