Makes the failure of a sex offender to register or verify pursuant to the provisions of the sex offender registration act or violation of the prohibition on sex offenders being employed on a motor vehicle engaged in the retail sale of frozen desserts a class D felony.
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta
Nays (3): Hassell-Thompson, Montgomery, Rivera
Excused (1): Little
Ayes (55): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (5): Hassell-Thomps, Montgomery, Parker, Perkins, Rivera
Excused (3): Krueger, Libous, Sanders
TITLE OF BILL: An act to amend the correction law, in relation to the failure to register or verify under the sex offender registration act or violation of the prohibition of sex offenders working on motor vehicles engaged in retail sales of frozen desserts
PURPOSE: This bill would increase the penalty for failing to register as a sex offender under the Sex Offender Registry Act from a class A misdemeanor to a class D felony.
SUMMARY OF PROVISIONS: This bill amends 168-t of the correction law providing for a felony for failure to register.
JUSTIFICATION: Numerous police agencies have complained that sex offenders are failing to register and/or update their registrations. The penalty for failing to register the first time is presently only a class A misdemeanor.
This bill would increase the penalty for failing to register to a class D felony.
With this increased penalty, the police agencies feel that the provisions of the Sex Offender Registration Act will be followed. This will help the general public to know the whereabouts of sex offenders in their area.
LEGISLATIVE HISTORY: 2011/2012- S.1544 - Passed Senate 2009/2010 - S.1483 - Referred to Crime Victims, Crime & Correction 2007/2008 - S.438 - Passed Senate, Non-Controversial 2005/2006 - S.483-A - Passed Senate/Assembly Correction 2003/2004 - S.1016/A.5083 - Passed Senate/Assembly Correction 2002- S.6189 - Passed Senate/Assembly Correction
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 1390 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SKELOS -- 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 the failure to regis- ter or verify under the sex offender registration act or violation of the prohibition of sex offenders working on motor vehicles engaged in retail sales of frozen desserts 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: S 168-t. Penalty. Any sex offender required to register or to verify 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]OR 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. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05821-01-3