Provides that any person who knowingly harbors, houses or employs a sex offender who has failed to register or verify address and employment, and who fails to contact his or her local law enforcement agency regarding such sex offender is guilty of a class A misdemeanor.
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Peralta
Nays (4): Hassell-Thompson, Montgomery, Hoylman, Rivera
Ayes (53): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, Latimer, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (8): Adams, Dilan, Hassell-Thomps, Hoylman, Krueger, Montgomery, Perkins, Rivera
Excused (2): Diaz, LaValle
TITLE OF BILL: An act to amend the correction law, in relation to knowingly harboring a sex offender who has failed to register or verify
SUMMARY OF PROVISIONS: Section 1 adds a new section 168-ii that provides that any person who knowingly harbors, houses or employs a sex offender required to register or verify residence or employment pursuant to Section 168 of the Corrections Law, who has failed to register or verify as required by law, and fails to notify his or her local law enforcement agency as to the location of such offender, shall be guilty of an A misdemeanor.
Section 2 provides that the act shall take effect on January first next succeeding the date upon which it shall have become law.
PURPOSE AND JUSTIFICATION: The recent abduction and murder of Jessica Lunsford in Florida has again reminded us of the possibility of recidivism for those convicted of sex offenses, as well as the problem of dealing with those who protect convicted sex offenders who they know have not registered with the Division of Criminal Justice Services. Officials in Florida report that they twice interviewed persons in the house where the accused murderer was living, yet those persons never divulged that the suspect was living there. The accused murderer had a 30-year criminal history and was a convicted sex offender who was required to register, but had failed to do so. Officials further indicate that there is a high possibility that Jessica was still alive at the time these interviews were done. Had family members notified the police that the accused was living there, it is possible that she might have been rescued, but there was no law that would obligate these family members to tell officials that this convicted offender was living with them.
EXISTING LAW: Article 6-C of the Corrections Law provides for registration of convicted sex offenders.
PRIOR LEGISLATIVE HISTORY: 2006 - S.4936-A/A.9233/A.10099 -- PASSED SENATE/Correction/Correction 2007-08 - S.4636/A.2621 -- PASSED SENATE/Correction 2009-10 - S.2988/A.945 -- CRIME & CORRECTIONS/Correction 2011-12 - S.3220 - PASSED SENATE
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1437 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. RANZENHOFER, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ, SEWARD -- 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 knowingly harboring a sex offender who has failed to register or verify THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The correction law is amended by adding a new section 168- ii to read as follows: S 168-II. FAILURE TO NOTIFY; PENALTY. ANY PERSON WHO KNOWINGLY HARBORS, HOUSES OR EMPLOYS A SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY RESIDENCE OR EMPLOYMENT PURSUANT TO THE PROVISIONS OF THIS ARTI- CLE WHO HAS FAILED TO REGISTER OR TO VERIFY AS REQUIRED BY LAW, AND WHO FAILS TO NOTIFY HIS OR HER LOCAL LAW ENFORCEMENT AGENCY OF THE LOCATION OF SUCH SEX OFFENDER, SHALL BE GUILTY OF A CLASS A MISDEMEANOR. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04847-01-3