Bill S1428-2011

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

Details

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  • Mar 30, 2011: SUBSTITUTED BY A88
  • Mar 16, 2011: ADVANCED TO THIRD READING
  • Mar 15, 2011: 2ND REPORT CAL.
  • Mar 14, 2011: 1ST REPORT CAL.217
  • Jan 7, 2011: REFERRED TO CHILDREN AND FAMILIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Mar 14, 2011
Ayes (5): Johnson, Saland, Young, Savino, Montgomery
Absent (1): Duane

Memo

BILL NUMBER:S1428

TITLE OF BILL: An act to amend the correction law, in relation to requiring sex offenders to verify their registration with the sex offender registry on a biannual basis

PURPOSE: To increase the number of times a sex offender has to verify their registration with the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS: Section One - Subdivision 4 of Section 168-b of the Correction Law, as added by Chapter 192 of the Laws of 1995, is amended to provide that DCJS shall on random dates in each six month period of the year mail a non-forwardable verification form to sex offenders.

Section Two - The opening paragraph of subdivision 2 of section 168-f of the Correction Law, as added by Chapter 192 of the Laws of 1995, is amended to change from an annual verification date to a random biannual verification procedure.

Section Three - Subdivision 2 of section 168-g of the Correction Law, as amended by section 18 of subpart B of part C of Chapter 62 of the laws of 2011, is amended to provide that sex offenders must comply with the random biannual address verification.

Section Four - Subdivisions 1 and 2 of section 168-h of the Correction Law, as amended by Chapter 1 of the Laws of 2006, are amended to change annually to biannually.

Section Five - Sets forth the effective date.

JUSTIFICATION: Terrifying examples of the need for stricter laws regulating sex offenders permeate the news across the country evening after evening. The killing of children like Jessica Lunsford in Florida is a sad commentary indeed that sex offender registration and community notification are not enough to keep our children and communities safe from such vicious predators. Law enforcement officers need better tools to be able to keep track of the most dangerous offenders, especially those who choose to ignore their registration requirements under New York State's version of Megan's Law. Therefore, it is vitally important to verify the registered location of sex offenders to make sure that they have not moved and are still following their registration requirements. Under current law, level three offenders must verify their registration every 90 days. However, level 1 and 2 offenders are only checked on once a year with a verification form on their anniversary of registration. Recent

attacks on children across the country have shown that sex offenders will often abscond from their registered address to areas where law enforcement and residents are unaware of their existence. Therefore, it is important to verify that a sex offender is indeed living where they are registered at least once in each six month period of time. It also makes great sense to have this card sent randomly rather than on a specific anniversary date when an offender knows that it is coming.

LEGISLATIVE HISTORY: 2011-2012: S.1829A - Reported to Finance 2009-2010: S.1485 - Referred to Codes 2007-2008: S.434 - Passed Senate, Non-Controversial/Assembly Corrections 2005-2006: S.S404A - Passed Senate/Assembly Corrections

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law, provided that any rules, regulations and forms necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1428 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sens. SALAND, DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law, in relation to determining the expiration date of an order of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 5 of section 530.12 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any crime or violation between spouses, BETWEEN A parent and child, or between members of the same family or household as defined in subdivision one of section 530.11 of this article, the court may in addition to any other disposition, including a conditional discharge or youthful offender adjudication, enter an order of protection. Where a temporary order of protection was issued, the court shall state on the record the reasons for issuing or not issuing an order of protection. The duration of such an order shall be fixed by the court and: (A) in the case of a felony conviction, shall not exceed the greater of: (i) eight years from the date of such [conviction] SENTENCING, or (ii) eight years from the date of the expi- ration of the maximum term of an indeterminate or the term of a determi- nate sentence of imprisonment actually imposed; or (B) in the case of a conviction for a class A misdemeanor, shall not exceed the greater of: (i) five years from the date of such [conviction] SENTENCING, or (ii) five years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed; or (C) in the case of a conviction for any other offense, shall not exceed the greater of: (i) two years from the date of [conviction] SENTENCING, or (ii) two years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed. For purposes of determining the
duration of an order of protection entered pursuant to this subdivision, a conviction shall be deemed to include a conviction that has been replaced by a youthful offender adjudication. In addition to any other conditions, such an order may require the defendant: S 2. The opening paragraph of subdivision 5 of section 530.12 of the criminal procedure law, as amended by chapter 384 of the laws of 2001, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any crime or violation between spouses, BETWEEN A parent and child, or between members of the same family or household AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS ARTICLE, the court may in addition to any other disposition, including a conditional discharge or youthful offender adjudication, enter an order of protection. Where a temporary order of protection was issued, the court shall state on the record the reasons for issuing or not issuing an order of protection. The duration of such an order shall be fixed by the court and, in the case of a felony conviction, shall not exceed the greater of: (i) five years from the date of such [conviction] SENTENCING, or (ii) three years from the date of the expiration of the maximum term of an indeterminate sentence of imprisonment actually imposed; or in the case of a conviction for a class A misdemeanor, shall not exceed three years from the date of such [conviction] SENTENCING; or in the case of a conviction for any other offense, shall not exceed one year from the date of [conviction] SENTENCING. For purposes of deter- mining the duration of an order of protection entered pursuant to this subdivision, a conviction shall be deemed to include a conviction that has been replaced by a youthful offender adjudication. In addition to any other conditions, such an order may require the defendant: S 3. The opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any offense, where the court has not issued an order of protection pursuant to section 530.12 of this article, the court may, in addition to any other disposition, including a conditional discharge or youthful offender adjudication, enter an order of protection. Where a temporary order of protection was issued, the court shall state on the record the reasons for issuing or not issu- ing an order of protection. The duration of such an order shall be fixed by the court and; (A) in the case of a felony conviction, shall not exceed the greater of: (i) eight years from the date of such [conviction] SENTENCING, or (ii) eight years from the date of the expi- ration of the maximum term of an indeterminate or the term of a determi- nate sentence of imprisonment actually imposed; or (B) in the case of a conviction for a class A misdemeanor, shall not exceed the greater of: (i) five years from the date of such [conviction] SENTENCING, or (ii) five years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed; or (C) in the case of a conviction for any other offense, shall not exceed the greater of: (i) two years from the date of [conviction] SENTENCING, or (ii) two years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed. For purposes of determining the duration of an order of protection entered pursuant to this subdivision, a conviction shall be deemed to include a conviction that has been replaced by a youthful offender adjudication. In addition to any other conditions such an order may require that the defendant:
S 4. The opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law, as amended by chapter 384 of the laws of 2001, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any offense, where the court has not issued an order of protection pursuant to section 530.12 of this article, the court may, in addition to any other disposition, including a conditional discharge or youthful offender adjudication, enter an order of protection. Where a temporary order of protection was issued, the court shall state on the record the reasons for issuing or not issu- ing an order of protection. The duration of such an order shall be fixed by the court and, in the case of a felony conviction, shall not exceed the greater of: (i) five years from the date of such [conviction] SENTENCING, or (ii) three years from the date of the expiration of the maximum term of an indeterminate sentence of imprisonment actually imposed; or in the case of a conviction for a class A misdemeanor, shall not exceed three years from the date of such [conviction] SENTENCING; or in the case of a conviction for any other offense, shall not exceed one year from the date of [conviction] SENTENCING. For purposes of deter- mining the duration of an order of protection entered pursuant to this subdivision, a conviction shall be deemed to include a conviction that has been replaced by a youthful offender adjudication. In addition to any other conditions such an order may require that the defendant: S 5. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all criminal actions whenever commenced provided sentence therein has not been imposed prior to such effective date; provided, however, that the amendments to the opening paragraph of subdivision 5 of section 530.12 and the opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law made by sections one and three of this act shall be subject to the expiration and reversion of such paragraphs pursuant to chapter 3 of the laws of 1995, as amended, when upon such date the provisions of sections two and four of this act shall take effect.

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