Bill S48-2013

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

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.

Details

Actions

  • Jun 16, 2014: referred to codes
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 16, 2014: ORDERED TO THIRD READING CAL.1368
  • Jun 16, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to codes
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1415
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger, Perkins, Gianaris
Ayes W/R (2): Montgomery, Parker
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S48

TITLE OF BILL: 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

PURPOSE: To create criminal penalties in order to improve compliance with the law that requires those convicted of certain crimes to provide DNA samples, and those who are convicted of sex offenses to register or verify registration as a sex offender.

SUMMARY OF PROVISIONS: Section 1 amends the penal law by adding two new sections, 195.01 and 195.02. Section 195.01 defines failure to provide a DNA sample in the second degree, and classifies such crime as a class A misdemeanor. Section 195.02 defines failure to provide a DNA sample in the first degree and classifies such crime as a class E felony.

Section 2 amends the penal law by adding two new sections, 195.03 and 195.04. Section 195.03 defines failure to register or verify as a sex offender in the second degree, and classifies such crime as a class E felony. Section 195.04 defines failure to register or verify as a sex offender in the first degree, and classifies such crime as a class D felony.

Section 3 amends section 168-t of the correction law by providing that any sex offender who is in violation of section 168-v of the correction law, the prohibition of employment on motor vehicles engaged in the retail sales of frozen desserts, is guilty of a class A misdemeanor upon conviction for the first offense, and a class D felony for a second or subsequent offense. Section 3 also provides that failure to register may be the basis for revocation of parole or probation in addition to other penalties provided by law.

Section 4 provides the effective date.

JUSTIFICATION: Under correction law article 6-C, the Sex Offender Registration Act (SORA), convicted sex offenders are required to register or verify registration. Currently, a sex offender who fails to do so may be charged with a crime under section 168-t of the correction law. A first offense is a class E felony, and any subsequent offense is a D felony. However, repeat offenders who are convicted for failure to register are not subject to the penal law's sentencing rules for predicate felons (enhanced sentencing) because failure to register is a correction law felony. Adding "failure to register" to the penal law will improve compliance with the important public safety initiative of SORA by making offenders who repeatedly refuse to comply with their sex offender obligations subject to enhanced sentences.

Though persons convicted of certain designated crimes are required to provide DNA samples, pursuant to sections 995(7) and 995-c(3) of the executive law, many convicted offenders flout their obligation. There is currently no penalty, specifically, for failure or refusal to provide a DNA sample. Yet, the success of New York's DNA data bank depends upon its being as complete as possible. Offenders are sometimes charged with obstructing governmental administration in the second degree, though this was not the original intent of section 195.05 of the penal law.

Several states, such as California, Michigan, and New Hampshire have addressed the problem with statutes that provide a misdemeanor penalty and/or fines. Creating a misdemeanor crime in New York for failure to provide DNA samples would provide an incentive to comply with the current law.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.679 2009-10: S.4396 Referred to Codes 2008: A.11088, Referred to Codes 2008: Same as S.7984-A (Saland), Passed Senate

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 48 2013-2014 Regular Sessions IN SENATE (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:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE. FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE IS A CLASS E FELONY. S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI- OUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE OR CONVICTED FOR FAILURE TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS A CLASS D FELONY. S 3. 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] VIOLATIONS; ADDITIONAL PENALTIES. [Any sex offen- der 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] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY 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. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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