Bill S1416-2011

Relates to penalties for failure to provide DNA sample and failure to register or verify as a sex offender

Relates to penalties for failure to provide DNA sample and failure to register or verify as a sex offender.

Details

Actions

  • Apr 18, 2012: referred to codes
  • Apr 18, 2012: DELIVERED TO ASSEMBLY
  • Apr 18, 2012: PASSED SENATE
  • Feb 29, 2012: ADVANCED TO THIRD READING
  • Feb 15, 2012: 2ND REPORT CAL.
  • Feb 14, 2012: 1ST REPORT CAL.200
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Apr 6, 2011: referred to codes
  • Apr 5, 2011: DELIVERED TO ASSEMBLY
  • Apr 5, 2011: PASSED SENATE
  • Mar 10, 2011: ADVANCED TO THIRD READING
  • Mar 9, 2011: 2ND REPORT CAL.
  • Mar 8, 2011: 1ST REPORT CAL.173
  • Jan 7, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 8, 2011
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (2): Duane, Parker
VOTE: COMMITTEE VOTE: - Codes - Feb 14, 2012
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Nays (1): Parker
Excused (1): Duane

Memo

BILL NUMBER:S1416

TITLE OF BILL: An act to amend the penal law and the correction law, in relation to establishing penalties for failure to provide a DNA sample and failure to register or verify as a sex offender

PURPOSE: To create criminal penalties in two instances: where a convicted sex offender fails to meet his or her obligation under to Sex Offender Registration Act (SORA); and where a convicted offender refuses or fails to provide a DNA sample as provided by sections 995(7) and 995-c(3) of the Executive Law.

SUMMARY OF PROVISIONS: Section 1 amends the Penal Law by adding two new sections 195.01 and 195.02 providing that a person who is required under law to provide a DNA sample must do so within 30 days or face misdemeanor charges for the first offense or an E felony for a second and subsequent offense.

Section 2 amends the Penal Law by adding two new sections 195.03 and 195.04 providing that a person who is required under law to register as a sex offender, and who fails to do so, may be charged with a class E felony upon the first offense, and a class D felony upon subsequent offenses.

Section 3 amends section 168-t of the Corrections Law to clarify that the failure of a sex offender to register or verify may be considered for a violation of parole or probation.

Section 4 provides the effective date, which is the first of November next succeeding the date on which it shall have become law.

EXISTING LAW: Currently, a convicted sex offender who fails to register or verify his or her information as required under SORA may be charged with a crime under section 168-t of the correction law. A first time offense is a class E felony and any subsequent offense is a class D felony. There is no penalty provided, specifically, for failure or refusal to provide a DNA sample and many convicted offenders flout their obligation.

JUSTIFICATION: The Sex Offender Registration Act (SORA) was an important initiative in the pursuit to keep our communities safe. However, because failure to register is a Correction Law felony and not a Penal Law felony, it does not constitute a predicate felony with regard to enhanced sentencing. Moving the offense of "failure to register" to the Penal Law would improve compliance with the important public safety initiative of SORA by making offenders who repeatedly refuse to comply with their sex offender obligations subject to enhanced sentences.

Under Executive Law sections 995(7) and 995-c(3), certain crimes require the convicted to provide a DNA sample. The success of New York State's DNA data bank depends on it being as complete as possible. Nevertheless, many convicted criminals continue to flout the law and refuse to comply. Offenders are occasionally charged with obstructing governmental administration in the second degree (section 195.05 of the Penal Law), though this was not the original intent of section 195.05. Several states have addressed this problem with statutes that provide a misdemeanor penalty or fines. Creating a misdemeanor offense in New York for failure to provide a DNA sample would provide an incentive to comply with the current law.

LEGISLATIVE HISTORY: 2008: S.7984A - Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1416 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to establishing penalties for failure to provide a DNA sample and failure to register or verify as a sex offender THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 195.01 and 195.02 to read as follows: S 195.01 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE. A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE WHEN, BEING A DESIGNATED OFFENDER WHO HAS BEEN CONVICTED AND SENTENCED FOR A CRIME SPECIFIED IN SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW AND HAVING BEEN GIVEN NOTICE THAT HE OR SHE IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TEST- ING PURSUANT TO SUBDIVISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, SUCH PERSON REFUSES, RESISTS OR OTHERWISE FAILS TO PROVIDE SUCH SAMPLE. FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 195.02 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE. FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE IS A CLASS E FELO- NY. S 2. The penal law is amended by adding two new sections 195.03 and 195.04 to read as follows: S 195.03 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE. FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE IS A CLASS E FELONY. S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI- OUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE OR CONVICTED FOR FAILURE TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH ADDED THIS SECTION. FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS A CLASS D FELONY. 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] VIOLATIONS; ADDITIONAL PENALTIES. [Any sex offen- der 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 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] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY 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 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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