Provides that an offender who fails to register or verify as a sex offender shall have the period of time of such failure to register or verify added to the duration of registration.
BILL NUMBER: S4743
TITLE OF BILL : An act to amend the correction law, in relation to failure to register as a sex offender
PURPOSE OF BILL: : This legislation amends section 168-t of the Correction Law to provide that a sex offender who is subject to reporting requirements under the Sex Offender Registration Act and who fails to register or verify in compliance with SORA shall be penalized for such failure.
SUMMARY OF PROVISIONS: : The Sex Offender Registration Act requires all offenders who are subject to the law's registration requirements to register with the Division of Criminal Justice Services and to annually verify their place of residence. Level III offenders must verify more frequently and their verification requirements extend to include place of employment. A violation of these provisions is a class E felony and, for repeat offenders, a class D felony. This legislation provides that the period of time during which an offender is in violation of the registration or verification requirements as determined by a court shall be added to the remaining period of registration. The bill also provides that offenders who are subject to registration, other than offenders required to be registered for life, will be notified by DCJS of the extended registration requirement.
JUSTIFICATION : There are offenders who are required to register and verify their addresses under SORA but have not done so in the required manner. In order to enforce these provisions and hold these offenders accountable for failure to register and verify, this bill provides, in addition to criminal prosecution for non-compliance, the period of registration for persons found to have violated these requirements will be extended, and these individuals will be required to maintain registration for an additional period of time.
LEGISLATIVE HISTORY: : 2003-04: A.11522, passed Assembly 2005-06: A.1342-A, passed Assembly 2007-08: A.6455-A, passed Assembly
FISCAL IMPLICATIONS: : Undetermined.
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 ________________________________________________________________________ 4743 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. AUBERTINE -- 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 failure to register as a sex offender THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. Any sex offender 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 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. WHEN AN OFFENDER IS DETERMINED UNDER THIS SECTION TO HAVE FAILED TO REGISTER OR VERIFY, THE PERIOD OF TIME THE OFFENDER FAILED TO REGIS- TER OR VERIFY SHALL BE ADDED TO THE DURATION SUCH OFFENDER IS REQUIRED TO REGISTER PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS ARTI- CLE. IN SUCH EVENT, EXCEPT WHEN LIFETIME REGISTRATION IS REQUIRED, THE DIVISION SHALL NOTIFY THE OFFENDER OF THE ADDITIONAL REGISTRATION REQUIREMENT. 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. LBD04742-01-9