Bill Text: NY S01428 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires sex offenders to verify their residence and registration on a biannual basis; the divisions shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01428 Detail]

Download: New_York-2013-S01428-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1428
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  SKELOS -- 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 to verify their registration with the sex offender registry on  a
         biannual basis
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 168-b of the  correction  law,  as
    2  added by chapter 192 of the laws of 1995, is amended to read as follows:
    3    4.  The  division  shall, UPON A DIFFERENT RANDOM DATE DURING EACH SIX
    4  MONTH PERIOD OF THE CALENDAR YEAR, mail  a  nonforwardable  verification
    5  form  to  the  last reported address of the person for [annual] BIANNUAL
    6  verification requirements.
    7    S 2. The opening paragraph of subdivision 2 of section  168-f  of  the
    8  correction  law, as added by chapter 192 of the laws of 1995, is amended
    9  to read as follows:
   10    For a sex offender required to register under this  article  [on  each
   11  anniversary  of  the  sex  offender's  initial  registration  date] UPON
   12  RECEIPT OF EACH RANDOMLY MAILED BIANNUAL VERIFICATION  FORM  during  the
   13  period  in  which  he  is  required  to  register under this section the
   14  following applies:
   15    S 3. Subdivision 2 of section 168-g of the correction law, as  amended
   16  by  section 18 of subpart B of part C of chapter 62 of the laws of 2011,
   17  is amended to read as follows:
   18    2. Every sex offender who on the effective date  of  this  article  is
   19  then  on  community supervision or probation for an offense provided for
   20  in subdivision two or three of section one hundred sixty-eight-a of this
   21  article shall within ten calendar days of  such  determination  register
   22  with  his  parole  or probation officer. [On each anniversary of] ON AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05832-01-3
       S. 1428                             2
    1  AFTER the sex offender's initial  registration  date  [thereafter],  the
    2  provisions of section one hundred sixty-eight-f of this article shall BE
    3  DEEMED  TO apply TO SUCH OFFENDER. Any sex offender who fails or refuses
    4  to  so  comply  shall  be  subject  to  the  same penalties as otherwise
    5  provided for in this article which would be imposed upon a sex  offender
    6  who fails or refuses to so comply with the provisions of this article on
    7  or after such effective date.
    8    S  4.  Subdivisions 1 and 2 of section 168-h of the correction law, as
    9  amended by chapter 1 of the  laws  of  2006,  are  amended  to  read  as
   10  follows:
   11    1.  The  duration  of registration and verification for a sex offender
   12  who has not been designated a sexual predator,  or  a  sexually  violent
   13  offender,  or a predicate sex offender, and who is classified as a level
   14  one risk, or who has not yet received a risk level classification, shall
   15  be [annually] BIANNUALLY for a period of twenty years from  the  initial
   16  date of registration.
   17    2.  The  duration  of registration and verification for a sex offender
   18  who, on or after March eleventh, two thousand two, is designated a sexu-
   19  al predator, or a sexually violent offender, or a predicate  sex  offen-
   20  der,  or  who is classified as a level two or level three risk, shall be
   21  [annually] BIANNUALLY for life. Notwithstanding  the  foregoing,  a  sex
   22  offender who is classified as a level two risk and who is not designated
   23  a sexual predator, a sexually violent offender or a predicate sex offen-
   24  der,  may  be relieved of the duty to register and verify as provided by
   25  subdivision one of section one hundred sixty-eight-o of this article.
   26    S 5. This act shall take effect on the first of January next  succeed-
   27  ing  the  date  on  which  it shall have become a law, provided that any
   28  rules, regulations and forms necessary to implement  the  provisions  of
   29  this  act  on  its  effective  date  are  authorized  and directed to be
   30  completed on or before such date.