S1392-2013 - NY Senate Open Legislation - Requires sex offenders to annually return a verification form to the division of criminal justice services

Requires sex offenders to annually return an address verification form to the division of criminal justice services.

Sponsor: SKELOS / Co-sponsor(s): AVELLA, O'MARA / Committee: CORRECTION
Law Section: Correction Law / Law: Amd S168-f, Cor L

S1392-2013 Actions

Mar 5, 2013: referred to correction
Mar 5, 2013: DELIVERED TO ASSEMBLY
Mar 5, 2013: PASSED SENATE
Feb 28, 2013: ADVANCED TO THIRD READING
Feb 27, 2013: 2ND REPORT CAL.
Feb 12, 2013: 1ST REPORT CAL.85
Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1392-2013 Meetings

Crime Victims, Crime and Correction: Feb 12, 2013

S1392-2013 Calendars

Active List: Mar 5, 2013 , Floor Calendar: Feb 27, 2013 , Floor Calendar: Feb 28, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013

S1392-2013 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Feb 12, 2013

Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Peralta
Ayes W/R (2): Hoylman, Rivera
Nays (2): Hassell-Thompson, Montgomery

VOTE: FLOOR VOTE: - Mar 5, 2013

Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Hassell-Thomps, Montgomery, Perkins
Excused (2): Diaz, LaValle

S1392-2013 Memo

BILL NUMBER:S1392

TITLE OF BILL:  An act to amend the correction law, in relation to the
duty of sex offenders to annually verify their address

PURPOSE:  To  require  sex offenders to annually return a verification
form to the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS: Paragraph (c) of subdivision 2 of section 168-f
of the Correction Law, as amended by Chapter 453 of the Laws of  1999,
is  amended  to  require  a  sex offender to return by mail the signed
address verification form to DCJS within 10 calendar days of  receipt.
Failure to do so would be a violation of this section.

JUSTIFICATION:  Currently,  if  a  sex offender does not mail back the
annual signed address verification form to the  Division  of  Criminal
Justice  Services,  it  starts a process whereby local law enforcement
needs to investigate whether such individual is still residing at  the
registered  address.  If law enforcement brings forward a case against
an individual for failing to mail back  such  form  needed  to  update
their  whereabouts,  current  law states that it is not a violation if
they can prove that they have not moved. Bringing cases to court which
are protected by the  affirmative  defense  language  is  a  waste  of
precious  criminal  justice  time which could be used more effectively
elsewhere.  In a sense, the affirmative defense clause  thereby  gives
sex   offenders  a  free  pass  if  they  do  not  send  their  signed
verification form back. Since it is of the utmost  importance  to  the
public's  safety  for  DCJS and local law enforcement to keep track of
registered sex offenders, it is necessary to  instill  a  penalty  for
failing  to  return  a  signed  verification  form  whether or not the
person's address has changed.

LEGISLATIVE HISTORY:
2011/12 - S.1825/A.4870 Passed Senate/Assembly Correction
2009/10 - S.1484 - Referred to Crime Victims, Crime and Correction
2007/08  -  S.437  -  Passed  Senate  54-1  Non-Controversial/Assembly
Correction
2005/06 - S.481 - Passed Senate/Assembly Correction
2003/04 - S.4455/A.8521 - Passed Senate/Assembly Correction

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

S1392-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1392
 2013-2014 Regular Sessions
 I N  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 duty of sex
 offenders to annually verify their address
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  (c)  of  subdivision 2 of section 168-f of the
 correction law, as amended by chapter  453  of  the  laws  of  1999,  is
 amended to read as follows:

 (c)  If the sex offender fails to mail the signed verification form to
 the division within ten calendar days after receipt of the form,  he  or
 she  shall  be in violation of this section [unless he proves that he or
 she has not changed his or her residence address].
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02553-01-3

S1392-2013: Requires sex offenders to annually return a verification form to the division of criminal justice services