Bill Text: NY A06553 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to the penalty for failure to register by a sex offender; makes submission of fraudulent information respecting identity or residency by a sex offender a class E felony.

Spectrum: Partisan Bill (Republican 31-1)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in correction [A06553 Detail]

Download: New_York-2009-A06553-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6553
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2009
                                      ___________
       Introduced  by  M.  of A. SCOZZAFAVA, McDONOUGH, O'MARA, SPANO -- Multi-
         Sponsored by -- M. of A.  ALFANO, BACALLES, BARCLAY,  BARRA,  BURLING,
         BUTLER,  CALHOUN,  CONTE,  CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO,
         HAYES, KOLB, MILLER, OAKS, QUINN, RABBITT,  RAIA,  REILICH,  SALADINO,
         SAYWARD,  TEDISCO, THIELE, TOBACCO, TOWNSEND -- read once and referred
         to the Committee on Correction
       AN ACT to amend the correction law, in relation to the penalty for fail-
         ure to register by a sex offender
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of  subdivision 2 of section 168-f of the
    2  correction law, as amended by chapter  453  of  the  laws  of  1999,  is
    3  amended to read as follows:
    4    (c)  If the sex offender fails to mail the signed verification form to
    5  the division within ten calendar days after receipt of the form,  he  or
    6  she  shall  be in violation of this section [unless he proves that he or
    7  she has not changed his or her residence address]  AND  SUBJECT  TO  THE
    8  PENALTIES  SET  FORTH  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-T  OF THIS
    9  ARTICLE.
   10    S 2. Section 168-t of the correction law, as amended by chapter 373 of
   11  the laws of 2007, is amended to read as follows:
   12    S 168-t. Penalty. 1. Any LEVEL ONE OR LEVEL TWO sex offender  required
   13  to  register or to verify pursuant to the provisions of this article who
   14  fails to register or verify in the manner and within  the  time  periods
   15  provided  for  in  this article shall be guilty of a class E felony upon
   16  conviction for the first offense, and upon conviction for  a  second  or
   17  subsequent offense shall be guilty of a class D felony. Any sex offender
   18  who violates the provisions of section one hundred sixty-eight-v of this
   19  article  SHALL  HAVE THE AMOUNT OF TIME THE OFFENDER EVADED REGISTRATION
   20  OR VERIFICATION ADDED TO THE DURATION SUCH SEX OFFENDER IS  MANDATED  TO
   21  REGISTER  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS ARTICLE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08553-01-9
       A. 6553                             2
    1  shall be guilty of a class [A misdemeanor] E FELONY upon conviction  for
    2  the  first  offense,  and  upon  conviction  for  a second or subsequent
    3  offense shall be guilty of a class D felony. Any such failure to  regis-
    4  ter or verify may also be the basis for revocation of parole pursuant to
    5  section  two  hundred fifty-nine-i of the executive law or the basis for
    6  revocation of probation pursuant to article  four  hundred  ten  of  the
    7  criminal procedure law.
    8    2.  ANY  LEVEL  THREE  SEX  OFFENDER REQUIRED TO REGISTER OR TO VERIFY
    9  PURSUANT TO THE PROVISIONS OF THIS ARTICLE  WHO  FAILS  TO  REGISTER  OR
   10  VERIFY  IN  THE  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS
   11  ARTICLE SHALL HAVE THE AMOUNT OF TIME THE OFFENDER  EVADED  REGISTRATION
   12  OR  VERIFICATION  ADDED TO THE DURATION SUCH SEX OFFENDER IS MANDATED TO
   13  REGISTER PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THIS  ARTICLE,
   14  SHALL  BE  GUILTY  OF  A  CLASS  D  FELONY UPON CONVICTION FOR THE FIRST
   15  OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
   16  GUILTY OF A CLASS C FELONY. ANY SUCH FAILURE TO REGISTER OR  VERIFY  MAY
   17  ALSO  BE  THE  BASIS  FOR  REVOCATION  OF PAROLE PURSUANT TO SECTION TWO
   18  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF
   19  PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
   20  LAW.
   21    S 3. Section 168-w of the correction law, as relettered by chapter 604
   22  of the laws of 2005, is relettered section 168-x and a new section 168-w
   23  is added to read as follows:
   24    S 168-W. SUBMISSION OF FRAUDULENT INFORMATION RESPECTING  IDENTITY  OR
   25  RESIDENCE  FOR THE PURPOSE OF REGISTRATION OR VERIFICATION; PENALTY. ANY
   26  SEX  OFFENDER  REQUIRED  TO  REGISTER  OR  TO  VERIFY  PURSUANT  TO  THE
   27  PROVISIONS  OF  THIS  ARTICLE WHO, WITH FRAUDULENT INTENT, SUBMITS FALSE
   28  INFORMATION RESPECTING HIS OR HER IDENTITY OR RESIDENCE OR BOTH, FOR THE
   29  PURPOSE OF, OR IN THE COURSE OF, SATISFYING HIS OR HER DUTY TO  REGISTER
   30  OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL BE GUILTY
   31  OF A CLASS E FELONY.
   32    S 4. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.