Bill Text: NY S02173 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires sex offenders to verify their residence and registration on a biannual basis; provides that the division 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: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2018-05-08 - referred to correction [S02173 Detail]

Download: New_York-2017-S02173-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2173
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by Sens. SERINO, AVELLA, LANZA, LARKIN, SEWARD -- 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    §  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    §  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
    23  after  the  sex  offender's  initial registration date [thereafter], the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04884-01-7

        S. 2173                             2
     1  provisions of section one hundred sixty-eight-f of this article shall be
     2  deemed to apply to such offender. Any sex offender who fails or  refuses
     3  to  so  comply  shall  be  subject  to  the  same penalties as otherwise
     4  provided  for in this article which would be imposed upon a sex offender
     5  who fails or refuses to so comply with the provisions of this article on
     6  or after such effective date.
     7    § 4. Subdivisions 1 and 2 of section 168-h of the correction  law,  as
     8  amended  by  chapter  1  of  the  laws  of  2006, are amended to read as
     9  follows:
    10    1. The duration of registration and verification for  a  sex  offender
    11  who  has  not  been  designated a sexual predator, or a sexually violent
    12  offender, or a predicate sex offender, and who is classified as a  level
    13  one risk, or who has not yet received a risk level classification, shall
    14  be  [annually]  biannually for a period of twenty years from the initial
    15  date of registration.
    16    2. The duration of registration and verification for  a  sex  offender
    17  who, on or after March eleventh, two thousand two, is designated a sexu-
    18  al  predator,  or a sexually violent offender, or a predicate sex offen-
    19  der, or who is classified as a level two or level three risk,  shall  be
    20  [annually]  biannually  for  life.  Notwithstanding the foregoing, a sex
    21  offender who is classified as a level two risk and who is not designated
    22  a sexual predator, a sexually violent offender or a predicate sex offen-
    23  der, may be relieved of the duty to register and verify as  provided  by
    24  subdivision one of section one hundred sixty-eight-o of this article.
    25    §  5. This act shall take effect on the first of January next succeed-
    26  ing the date on which it shall have become  a  law,  provided  that  any
    27  rules,  regulations  and  forms necessary to implement the provisions of
    28  this act on its  effective  date  are  authorized  and  directed  to  be
    29  completed on or before such date.
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