S T A T E   O F   N E W   Y O R K
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                                  4866

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. CORWIN -- 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.
  S  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.
                                                           LBD08418-02-3

A. 4866                             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.
  S 3. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S 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.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.