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.