Bill S6073-2011

Requires sex offenders who fail to register or verify twice or more to wear a location-tracking device

Requires sex offenders who fail to register or verify their registration on two or more occasions to wear a location-tracking device while on probation, parole, conditional release or post-release supervision; failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.

Details

Actions

  • Mar 7, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 7, 2012
Ayes (11): Nozzolio, DeFrancisco, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Kennedy, Peralta, Espaillat
Ayes W/R (2): Gallivan, Montgomery
Nays (1): Rivera

Memo

BILL NUMBER:S6073

TITLE OF BILL: An act to amend the correction law, in relation to requiring sex offenders who repeatedly fail to register and verify to wear a location-transmitting device

PURPOSE: This bill will require sex offenders who fail to register in a timely manner or verify their registration requirements under New York State's Sex Offender Registration Act to wear location transmitting devices.

SUMMARY OF PROVISIONS: Section One - Section 168-t of the Correction Law, as amended by Chapter 604 of the Laws of 2005, is amended to make an addition to the penalties provided when a sex offender fails to register or verify his/her information required pursuant to this article two or more times to be required to wear a location transmitting device at all times.

Section Two - Sets forth the effective date.

JUSTIFICATION:

Terrifying examples of the need for stricter laws regulating sex offenders permeate the news across the country evening after evening. The killing of children like Jessica Lunsford in Florida is a sad commentary indeed that sex offender registration and community notification are not enough to keep our children and communities safe from such vicious predators. Law enforcement officers need better tools to be able to keep track of the most dangerous offenders, especially those who choose to ignore their registration requirements under New York State's version of Megan's Law. This legislation is based on a federal initiative, H.R. 1505, The Jessica Lunsford Act, which among its provisions would require all states to implement a policy where any sex offender who fails to register, verify or update information regarding their sex offender registration requirements two or more times be mandated to wear a GPS monitoring system such as an ankle bracelet. Should such legislation be signed into law by the President, all states will risk the loss of 10 percent of funds that would otherwise be allocated to the state under Section 506 of the Omnibus Crime Control and Safe Streets Act of 1968. The war against sex offenders needs to be stepped up and GPS technology and the strict monitoring of the most dangerous and uncooperative offenders is a big step in the right direction.

LEGISLATIVE HISTORY: A.1115 - Held in Corrections Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become a law, provided that any rules and regulations necessary to implement the provisions of subdivision 2 of section 168-t of the correction law, as added by section one of this act, on its effective date are authorized and directed to be completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6073 IN SENATE (PREFILED) January 4, 2012 ___________
Introduced by Sen. GRIFFO -- 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 requiring sex offen- ders who repeatedly fail to register and verify to wear a location- transmitting device 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. 1. Any sex offender required to register or to veri- fy 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. 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SECTION, ANY SEX OFFENDER FOUND GUILTY OF A VIOLATION OF THIS SECTION ON TWO OR MORE OCCASIONS SHALL, IF SENTENCED TO PROBATION, BE REQUIRED TO WEAR AT ALL TIMES FOR THE DURATION OF THE PERIOD OF PROBATION A LOCATION-TRANSMITTING DEVICE, AND, IF SENTENCED TO A PERIOD OF IMPRISONMENT, BE REQUIRED TO WEAR AT ALL TIMES FOR THE DURATION OF ANY PERIOD OF PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION A LOCATION-TRANSMITTING DEVICE.
(B) THE LOCATION-TRANSMITTING DEVICE SHALL BE ATTACHED TO THE SEX OFFENDER BY THE AGENCY SUPERVISING THE SEX OFFENDER AND SUCH AGENCY SHALL REGULARLY AND FREQUENTLY MONITOR THE INFORMATION TRANSMITTED BY THE LOCATION-TRANSMITTING DEVICE. (C) ANY SEX OFFENDER WHO IS REQUIRED TO BE MONITORED PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL UPON CONVICTION BE GUILTY OF A CLASS D FELONY. SUCH VIOLATION 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 THE REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided that any rules and regulations necessary to implement the provisions of subdivision 2 of section 168-t of the correction law, as added by section one of this act, on its effective date are authorized and directed to be completed on or before such date.

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