Bill S1927-2011

Makes it a class E felony for a sex offender to submit fraudulent information regarding his or her identity or residence when registering or verifying

Makes it a class E felony for a sex offender to submit fraudulent information regarding his or her identity or residence when registering or verifying under the Sex Offender Registration Act (Megan's Law).

Details

Actions

  • Mar 14, 2012: referred to correction
  • Mar 14, 2012: DELIVERED TO ASSEMBLY
  • Mar 14, 2012: PASSED SENATE
  • Mar 13, 2012: ADVANCED TO THIRD READING
  • Mar 12, 2012: 2ND REPORT CAL.
  • Mar 7, 2012: 1ST REPORT CAL.321
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 21, 2011: referred to correction
  • Jun 21, 2011: DELIVERED TO ASSEMBLY
  • Jun 21, 2011: PASSED SENATE
  • May 9, 2011: ADVANCED TO THIRD READING
  • May 4, 2011: 2ND REPORT CAL.
  • May 3, 2011: 1ST REPORT CAL.531
  • Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 3, 2011
Ayes (12): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Kruger, Kennedy
Ayes W/R (1): Peralta
Nays (1): Montgomery
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 7, 2012
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat

Memo

BILL NUMBER:S1927

TITLE OF BILL: An act to amend the correction law, in relation to the penalty for a sex offender submitting fraudulent information respecting his or her identity or residence or both, when registering or verifying such information pursuant to the Sex Offender Registration Act

PURPOSE: Adds a new section to Megan's Law, which creates a penalty for offering false information when registering as a sex offender.

SUMMARY OF PROVISIONS: Section 1: section 168-w of the Correction Law is relettered section 168-x and a new section 168-w is added. Under the new section 168-w, a sex offender who is required to register under Megan's Law and submits, with fraudulent intent, false information respecting his/her identity, residence or both is guilty of an "E" felony.

EXISTING LAW: Currently, Megan's Law only provides a penalty for failure to register (section 168-t of the Correction Law). The first offense is an "A" misdemeanor and the second or subsequent offense is a "D" felony. This legislation would create the specific offense of offering a false statement when registering.

JUSTIFICATION: In Monroe County, a sex offender required to register under Megan's Law, circumvented the law by giving a false address to the registry.

The man who failed to properly register had been previously convicted of raping a Rochester girl and served three years in prison for his offense. When released from prison, he was given the highest risk rating possible. He first registered with the sex offender registry in 1996 when he was released from prison. It was not discovered that he had intentionally deceived law enforcement personnel and had broken the law until 2001, when his renewal form was returned as undeliverable after it was sent to the wrong address.

The object of Megan's law is to protect public safety by insuring that people in a neighborhood or community where a sex offender resides after imprisonment are notified of the potential risk such person poses to them or their children. Also, the registry created under Megan's Law insures that law enforcement personnel may have dependable resources that allows them to locate all convicted sex offenders in a region. Without accurate information being given to the registry, the law becomes toothless and unenforceable.

In the case cited above, the sex offender was able to live in a community for 5 years without neighbors or the local law enforcement being notified of the heightened risk. Luckily no harm resulted while his whereabouts were unknown. However, this is a potentially

dangerous situation which should not be tolerated and should be punishable.

In charging the sex offender, the prosecutor in Monroe County had to rely on various statutes outside of the registry statute such as falsifying business records and offering a false instrument for filing. Although the sex offender was charged with a failure to register under Megan's Law, the first offense as provided by the statute is only an "An misdemeanor.

Therefore, this legislation would insure that a specific offense is created within the Corrections Law to deal with the offering of false information when registering under Megan's Law and insure that the offender is appropriately punished as a felon.

LEGISLATIVE HISTORY: 2003-2004: S.120-A - Passed Senate 2005-2006: S.970 - Passed Senate 2007-2008: Passed Senate 2009-2010: Referred to Crime Victims, Crime & Corrections

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to any information submitted by a sex offender after its effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1927 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________
Introduced by Sen. ALESI -- 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 penalty for a sex offender submitting fraudulent information respecting his or her iden- tity or residence or both, when registering or verifying such informa- tion pursuant to the Sex Offender Registration Act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-w of the correction law, as relettered by chap- ter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows: S 168-W. SUBMISSION OF FRAUDULENT INFORMATION RESPECTING IDENTITY OR RESIDENCE FOR THE PURPOSE OF REGISTRATION OR VERIFICATION; PENALTY. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO, WITH FRAUDULENT INTENT, SUBMITS FALSE INFORMATION RESPECTING HIS OR HER IDENTITY OR RESIDENCE OR BOTH, FOR THE PURPOSE OF, OR IN THE COURSE OF, SATISFYING HIS OR HER DUTY TO REGISTER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL BE GUILTY OF A CLASS E FELONY. S 2. This act shall take effect immediately and shall apply to any information submitted by a sex offender on or after such effective date.

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