S T A T E O F N E W Y O R K
________________________________________________________________________
262
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, TITONE, ZEBROWSKI, GALEF, GABRYSZAK,
JAFFEE, LANCMAN, MAISEL, P. RIVERA -- Multi-Sponsored by -- M. of A.
BOYLAND, DESTITO, GUNTHER, LENTOL, PHEFFER, SWEENEY -- read once and
referred 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:
1 Section 1. The penal law is amended by adding two new sections 195.01
2 and 195.02 to read as follows:
3 S 195.01 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
4 A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND
5 DEGREE WHEN, BEING A DESIGNATED OFFENDER WHO HAS BEEN CONVICTED AND
6 SENTENCED FOR A CRIME SPECIFIED IN SUBDIVISION SEVEN OF SECTION NINE
7 HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW AND HAVING BEEN GIVEN NOTICE
8 THAT HE OR SHE IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TEST-
9 ING PURSUANT TO SUBDIVISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C
10 OF THE EXECUTIVE LAW, SUCH PERSON REFUSES, RESISTS OR OTHERWISE FAILS TO
11 PROVIDE SUCH SAMPLE.
12 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE IS A CLASS A
13 MISDEMEANOR.
14 S 195.02 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE.
15 A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST
16 DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO PROVIDE A DNA
17 SAMPLE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE
18 TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
19 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE IS A CLASS E FELO-
20 NY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00826-01-1
A. 262 2
1 S 2. The penal law is amended by adding two new sections 195.03 and
2 195.04 to read as follows:
3 S 195.03 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND
4 DEGREE.
5 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
6 IN THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER OR
7 VERIFY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE FAILS
8 TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
9 FOR IN SUCH ARTICLE.
10 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE
11 IS A CLASS E FELONY.
12 S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST
13 DEGREE.
14 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
15 IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO
16 REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI-
17 OUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
18 IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE OR
19 CONVICTED FOR FAILURE TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED
20 SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY PRIOR TO
21 THE EFFECTIVE DATE OF THIS SECTION.
22 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS
23 A CLASS D FELONY.
24 S 3. Section 168-t of the correction law, as amended by chapter 373 of
25 the laws of 2007, is amended to read as follows:
26 S 168-t. [Penalty] VIOLATIONS; ADDITIONAL PENALTIES.
27 [Any sex offender required to register or to verify pursuant to the
28 provisions of this article who fails to register or verify in the manner
29 and within the time periods provided for in this article shall be guilty
30 of a class E felony upon conviction for the first offense, and upon
31 conviction for a second or subsequent offense shall be guilty of a class
32 D felony.] Any sex offender who violates the provisions of section one
33 hundred sixty-eight-v of this article shall be guilty of a class A
34 misdemeanor upon conviction for the first offense, and upon conviction
35 for a second or subsequent offense shall be guilty of a class D felony.
36 [Any such] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY fail-
37 ure to register or verify may also be the basis for revocation of parole
38 pursuant to section two hundred fifty-nine-i of the executive law or the
39 basis for revocation of probation pursuant to article four hundred ten
40 of the criminal procedure law.
41 S 4. This act shall take effect on the first of November next succeed-
42 ing the date on which it shall have become a law.