Senate Bill S48

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S48 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§195.01 - 195.04, Pen L; amd §168-t, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4396
2011-2012: S679

2013-S48 (ACTIVE) - Summary

Establishes penalties for failure to provide a DNA sample and failure to register or verify as a sex offender; establishes the crimes of failure to provide a DNA sample in the first and second degree and failure to register or verify as a sex offender in the first and second degree.

2013-S48 (ACTIVE) - Sponsor Memo

2013-S48 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   48

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01080-01-3
              

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