S679-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S679-2011 Memo

BILL NUMBER:S679

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:
2009/10: S.4396 Referred to Codes
A.11088, 2008 Referred to Codes
Same as S.7984-A (Saland), 2008 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.

S679-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          679
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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.
 LBD00826-01-1
 
       S. 679                              2
 

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 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] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY fail
 ure 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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