Bill Text: NY S04765 | 2015-2016 | General Assembly | Introduced
Bill Title: Expands the statement of notice of a registration determination hearing to be given to a sex offender to include notice of the right to counsel and that the failure to appear shall be a violation of the sex offender registration act; removes the proof of residence exception for failure to mail the signed verification form; makes all violations of the sex offender registration act class D felonies.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-05-25 - referred to correction [S04765 Detail]
Download: New_York-2015-S04765-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4765
2015-2016 Regular Sessions
I N S E N A T E
April 15, 2015
___________
Introduced by Sen. FUNKE -- 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 notice to sex offen-
ders of their determination hearing and the penalty for violations by
sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2 and 4 of section 168-d of the correction
2 law, subdivision 2 as amended and subdivision 4 as added by chapter 684
3 of the laws of 2005, are amended to read as follows:
4 2. Any sex offender, who is released on probation or discharged upon
5 payment of a fine, conditional discharge or unconditional discharge
6 shall, prior to such release or discharge, be informed of his or her
7 duty to register under this article by the court in which he or she was
8 convicted. At the time sentence is imposed, such sex offender shall
9 register with the division on a form prepared by the division. The court
10 shall require the sex offender to read and sign such form and to
11 complete the registration portion of such form. The court shall on such
12 form obtain the address where the sex offender expects to reside upon
13 his or her release, and the name and address of any institution of high-
14 er education he or she expects to be employed by, enrolled in, attending
15 or employed, whether for compensation or not, and whether he or she
16 expects to reside in a facility owned or operated by such an institu-
17 tion, and shall report such information to the division. The court shall
18 give one copy of the form to the sex offender and shall send two copies
19 to the division which shall forward the information to the law enforce-
20 ment agencies having jurisdiction. The court shall also notify the
21 district attorney and the sex offender of the date of the determination
22 proceeding to be held pursuant to subdivision three of this section,
23 which shall be held at least forty-five days after such notice is given.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07325-01-5
S. 4765 2
1 [This] THE notice TO THE SEX OFFENDER shall include the following state-
2 ment [or a substantially similar statement]: "This proceeding is being
3 held to determine whether you will be classified as a level 3 offender
4 (risk of repeat offense is high), a level 2 offender (risk of repeat
5 offense is moderate), or a level 1 offender (risk of repeat offense is
6 low), or whether you will be designated as a sexual predator, a sexually
7 violent offender or a predicate sex offender, which will determine how
8 long you must register as a sex offender and how much information can be
9 provided to the public concerning your registration. YOU HAVE A RIGHT TO
10 A HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT
11 TO BE REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED
12 IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE TO APPEAR AT
13 THE HEARING IS A VIOLATION OF THIS ARTICLE. If you fail to appear at
14 this proceeding, [without sufficient excuse,] it shall be held in your
15 absence. Failure to appear may result in a longer period of registration
16 or a higher level of community notification because you are not present
17 to offer evidence or contest evidence offered by the district attorney."
18 [The court shall also advise the sex offender that he or she has a right
19 to a hearing prior to the court's determination, that he or she has the
20 right to be represented by counsel at the hearing and that counsel will
21 be appointed if he or she is financially unable to retain counsel.] If
22 the sex offender applies for assignment of counsel to represent him or
23 her at the hearing and counsel was not previously assigned to represent
24 the sex offender in the underlying criminal action, the court shall
25 determine whether the offender is financially unable to retain counsel.
26 If such a finding is made, the court shall assign counsel to represent
27 the sex offender pursuant to article eighteen-B of the county law. Where
28 the court orders a sex offender released on probation, such order must
29 include a provision requiring that he or she comply with the require-
30 ments of this article. Where such sex offender violates such provision,
31 probation may be immediately revoked in the manner provided by article
32 four hundred ten of the criminal procedure law.
33 4. If a sex offender, having been given notice OF THE DETERMINATION
34 PROCEEDING, including the time and place [of the determination proceed-
35 ing] THEREOF in accordance with this section, fails to appear AND BE
36 HEARD at [this] SUCH proceeding, [without sufficient excuse,] the court
37 shall conduct the hearing and make the determinations in the manner set
38 forth in subdivision three of this section.
39 S 2. Section 168-f of the correction law is amended by adding a new
40 subdivision 1-a to read as follows:
41 1-A. EACH SEX OFFENDER SHALL APPEAR AT THE DETERMINATION PROCEEDING,
42 SET FORTH IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF
43 THIS ARTICLE, SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF
44 THIS ARTICLE OR SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N
45 OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
46 SUCH SEX OFFENDER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY
47 VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
48 S 3. Paragraph (c) of subdivision 2 of section 168-f of the correction
49 law, as amended by chapter 453 of the laws of 1999, is amended to read
50 as follows:
51 (c) If the sex offender fails to mail the signed verification form to
52 the division within ten calendar days after receipt of the form, he or
53 she shall be in violation of this [section unless he proves that he or
54 she has not changed his or her residence address] ARTICLE.
S. 4765 3
1 S 4. Subdivisions 2 and 4 of section 168-k of the correction law,
2 subdivision 2 as amended and subdivision 4 as added by chapter 684 of
3 the laws of 2005, are amended to read as follows:
4 2. The division shall advise the board that the sex offender has
5 established residence in this state. The board shall determine whether
6 the sex offender is required to register with the division. If it is
7 determined that the sex offender is required to register, the division
8 shall notify the sex offender of his or her duty to register under this
9 article and shall require the sex offender to sign a form as may be
10 required by the division acknowledging that the duty to register and the
11 procedure for registration has been explained to the sex offender. The
12 division shall obtain on such form the address where the sex offender
13 expects to reside within the state and the sex offender shall retain one
14 copy of the form and send two copies to the division which shall provide
15 the information to the law enforcement agency having jurisdiction where
16 the sex offender expects to reside within this state. No later than
17 thirty days prior to the board making a recommendation, the sex offender
18 shall be notified that his or her case is under review and that he or
19 she is permitted to submit to the board any information relevant to the
20 review. After reviewing any information obtained, and applying the
21 guidelines established in subdivision five of section one hundred
22 sixty-eight-l of this article, the board shall within sixty calendar
23 days make a recommendation regarding the level of notification pursuant
24 to subdivision six of section one hundred sixty-eight-l of this article
25 and whether such sex offender shall be designated a sexual predator,
26 sexually violent offender, or predicate sex offender as defined in
27 subdivision seven of section one hundred sixty-eight-a of this article.
28 This recommendation shall be confidential and shall not be available for
29 public inspection. It shall be submitted by the board to the county
30 court or supreme court and to the district attorney in the county of
31 residence of the sex offender and to the sex offender. It shall be the
32 duty of the county court or supreme court in the county of residence of
33 the sex offender, applying the guidelines established in subdivision
34 five of section one hundred sixty-eight-l of this article, to determine
35 the level of notification pursuant to subdivision six of section one
36 hundred sixty-eight-l of this article and whether such sex offender
37 shall be designated a sexual predator, sexually violent offender, or
38 predicate sex offender as defined in subdivision seven of section one
39 hundred sixty-eight-a of this article. At least thirty days prior to the
40 determination proceeding, such court shall notify the district attorney
41 and the sex offender, in writing, of the date of the determination
42 proceeding and the court shall also provide the district attorney and
43 sex offender with a copy of the recommendation received from the board
44 and any statement of the reasons for the recommendation received from
45 the board. [This] THE notice TO THE SEX OFFENDER shall include the
46 following statement [or a substantially similar statement]: "This
47 proceeding is being held to determine whether you will be classified as
48 a level 3 offender (risk of repeat offense is high), a level 2 offender
49 (risk of repeat offense is moderate), or a level 1 offender (risk of
50 repeat offense is low), or whether you will be designated as a sexual
51 predator, a sexually violent offender or a predicate sex offender, which
52 will determine how long you must register as a sex offender and how much
53 information can be provided to the public concerning your registration.
54 YOU HAVE A RIGHT TO A HEARING BEFORE THE COURT MAKES THESE DETERMI-
55 NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT HEARING.
56 COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-
S. 4765 4
1 SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. If
2 you fail to appear at this proceeding, [without sufficient excuse,] it
3 shall be held in your absence. Failure to appear may result in a longer
4 period of registration or a higher level of community notification
5 because you are not present to offer evidence or contest evidence
6 offered by the district attorney." [The court shall also advise the sex
7 offender that he or she has a right to a hearing prior to the court's
8 determination, that he or she has the right to be represented by counsel
9 at the hearing and that counsel will be appointed if he or she is finan-
10 cially unable to retain counsel.] A returnable form shall be enclosed in
11 the court's notice to the sex offender on which the sex offender may
12 apply for assignment of counsel. If the sex offender applies for
13 assignment of counsel and the court finds that the offender is finan-
14 cially unable to retain counsel, the court shall assign counsel to
15 represent the sex offender pursuant to article eighteen-B of the county
16 law. If the district attorney seeks a determination that differs from
17 the recommendation submitted by the board, at least ten days prior to
18 the determination proceeding the district attorney shall provide to the
19 court and the sex offender a statement setting forth the determinations
20 sought by the district attorney together with the reasons for seeking
21 such determinations. The court shall allow the sex offender to appear
22 and be heard. The state shall appear by the district attorney, or his or
23 her designee, who shall bear the burden of proving the facts supporting
24 the determinations sought by clear and convincing evidence. It shall be
25 the duty of the court applying the guidelines established in subdivision
26 five of section one hundred sixty-eight-l of this article to determine
27 the level of notification pursuant to subdivision six of section one
28 hundred sixty-eight-l of this article and whether such sex offender
29 shall be designated a sexual predator, sexually violent offender, or
30 predicate sex offender as defined in subdivision seven of section one
31 hundred sixty-eight-a of this article. Where there is a dispute between
32 the parties concerning the determinations, the court shall adjourn the
33 hearing as necessary to permit the sex offender or the district attorney
34 to obtain materials relevant to the determinations from the state board
35 of examiners of sex offenders or any state or local facility, hospital,
36 institution, office, agency, department or division. Such materials may
37 be obtained by subpoena if not voluntarily provided to the requesting
38 party. In making the determinations the court shall review any victim's
39 statement and any relevant materials and evidence submitted by the sex
40 offender and the district attorney and the recommendation and any mate-
41 rial submitted by the board, and may consider reliable hearsay evidence
42 submitted by either party, provided that it is relevant to the determi-
43 nations. If available, facts proven at trial or elicited at the time of
44 a plea of guilty shall be deemed established by clear and convincing
45 evidence and shall not be relitigated. The court shall render an order
46 setting forth its determinations and the findings of fact and conclu-
47 sions of law on which the determinations are based. A copy of the order
48 shall be submitted by the court to the division. Upon application of
49 either party, the court shall seal any portion of the court file or
50 record which contains material that is confidential under any state or
51 federal statute. Either party may appeal as of right from the order
52 pursuant to the provisions of articles fifty-five, fifty-six and fifty-
53 seven of the civil practice law and rules. Where counsel has been
54 assigned to represent the sex offender upon the ground that the sex
55 offender is financially unable to retain counsel, that assignment shall
56 be continued throughout the pendency of the appeal, and the person may
S. 4765 5
1 appeal as a poor person pursuant to article eighteen-B of the county
2 law.
3 4. If a sex offender, having been given notice OF THE DETERMINATION
4 PROCEEDING, including the time and place [of the determination proceed-
5 ing] THEREOF in accordance with this section, fails to appear AND BE
6 HEARD at [this] SUCH proceeding, [without sufficient excuse,] the court
7 shall conduct the hearing and make the determinations in the manner set
8 forth in subdivision two of this section.
9 S 5. Subdivisions 3 and 6 of section 168-n of the correction law,
10 subdivision 3 as amended and subdivision 6 as added by chapter 684 of
11 the laws of 2005, are amended to read as follows:
12 3. No later than thirty days prior to the board's recommendation, the
13 sex offender shall be notified that his or her case is under review and
14 that he or she is permitted to submit to the board any information rele-
15 vant to the review. Upon receipt of the board's recommendation, the
16 sentencing court shall determine whether the sex offender was previously
17 found to be eligible for assigned counsel in the underlying case. Where
18 such a finding was previously made, the court shall assign counsel to
19 represent the offender, pursuant to article eighteen-B of the county
20 law. At least twenty days prior to the determination proceeding, the
21 sentencing court shall notify the district attorney, the sex offender
22 and the sex offender's counsel, in writing, of the date of the determi-
23 nation proceeding and shall also provide the district attorney, the sex
24 offender and the sex offender's counsel with a copy of the recommenda-
25 tion received from the board and any statement of the reasons for the
26 recommendation received from the board. [This] THE notice TO THE SEX
27 OFFENDER shall include the following statement [or a substantially simi-
28 lar statement]: "This proceeding is being held to determine whether you
29 will be classified as a level 3 offender (risk of repeat offense is
30 high), a level 2 offender (risk of repeat offense is moderate), or a
31 level 1 offender (risk of repeat offense is low), or whether you will be
32 designated as a sexual predator, a sexually violent offender or a predi-
33 cate sex offender, which will determine how long you must register as a
34 sex offender and how much information can be provided to the public
35 concerning your registration. YOU HAVE A RIGHT TO A HEARING BEFORE THE
36 COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY
37 COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
38 UNABLE TO RETAIN COUNSEL. FAILURE TO APPEAR AT THE HEARING IS A
39 VIOLATION OF THIS ARTICLE. If you fail to appear at this proceeding,
40 [without sufficient excuse,] it shall be held in your absence. Failure
41 to appear may result in a longer period of registration or a higher
42 level of community notification because you are not present to offer
43 evidence or contest evidence offered by the district attorney." [The
44 written notice to the sex offender shall also advise the offender that
45 he or she has a right to a hearing prior to the court's determination,
46 and that he or she has the right to be represented by counsel at the
47 hearing.] If counsel has been assigned to represent the offender at the
48 determination proceeding, the notice shall also provide the name,
49 address and telephone number of the assigned counsel. Where counsel has
50 not been assigned, [the notice shall advise the sex offender that coun-
51 sel will be appointed if he or she is financially unable to retain coun-
52 sel, and] a returnable form shall be enclosed in the court's notice to
53 the sex offender on which the sex offender may apply for assignment of
54 counsel. If the sex offender applies for assignment of counsel and the
55 court finds that the offender is financially unable to retain counsel,
56 the court shall assign counsel to represent the sex offender pursuant to
S. 4765 6
1 article eighteen-B of the county law. If the district attorney seeks a
2 determination that differs from the recommendation submitted by the
3 board, at least ten days prior to the determination proceeding the
4 district attorney shall provide to the court and the sex offender a
5 statement setting forth the determinations sought by the district attor-
6 ney together with the reasons for seeking such determinations. The court
7 shall allow the sex offender to appear and be heard. The state shall
8 appear by the district attorney, or his or her designee, who shall bear
9 the burden of proving the facts supporting the determinations sought by
10 clear and convincing evidence. Where there is a dispute between the
11 parties concerning the determinations, the court shall adjourn the hear-
12 ing as necessary to permit the sex offender or the district attorney to
13 obtain materials relevant to the determinations from the state board of
14 examiners of sex offenders or any state or local facility, hospital,
15 institution, office, agency, department or division. Such materials may
16 be obtained by subpoena if not voluntarily provided to the requesting
17 party. In making the determinations the court shall review any victim's
18 statement and any relevant materials and evidence submitted by the sex
19 offender and the district attorney and the recommendation and any mate-
20 rials submitted by the board, and may consider reliable hearsay evidence
21 submitted by either party, provided that it is relevant to the determi-
22 nations. Facts previously proven at trial or elicited at the time of
23 entry of a plea of guilty shall be deemed established by clear and
24 convincing evidence and shall not be relitigated. The court shall render
25 an order setting forth its determinations and the findings of fact and
26 conclusions of law on which the determinations are based. A copy of the
27 order shall be submitted by the court to the division. Upon application
28 of either party, the court shall seal any portion of the court file or
29 record which contains material that is confidential under any state or
30 federal statute. Either party may appeal as of right from the order
31 pursuant to the provisions of articles fifty-five, fifty-six and fifty-
32 seven of the civil practice law and rules. Where counsel has been
33 assigned to represent the sex offender upon the ground that the sex
34 offender is financially unable to retain counsel, that assignment shall
35 be continued throughout the pendency of the appeal, and the person may
36 appeal as a poor person pursuant to article eighteen-B of the county
37 law.
38 6. If a sex offender, having been given notice OF THE DETERMINATION
39 PROCEEDING, including the time and place [of the determination proceed-
40 ing] THEREOF in accordance with this section, fails to appear AND BE
41 HEARD at [this] SUCH proceeding, [without sufficient excuse,] the court
42 shall conduct the hearing and make the determinations in the manner set
43 forth in subdivision three of this section.
44 S 6. Section 168-t of the correction law, as amended by chapter 373 of
45 the laws of 2007, is amended to read as follows:
46 S 168-t. [Penalty] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION
47 PROCEEDING, ANNUALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT AN
48 INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF
49 STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
50 RESIDENCE IN STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT ON
51 MOTOR VEHICLES ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY. 1.
52 Any sex offender required to register [or to verify] pursuant to the
53 provisions of this article [who fails to register or verify in the
54 manner and within the time periods provided for in this article shall
55 be] IS guilty of [a class E felony upon conviction for the first
56 offense, and upon conviction for a second or subsequent offense shall be
S. 4765 7
1 guilty of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING,
2 ANNUALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION
3 OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT AN
4 INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
5 STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
6 ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:
7 (A) FAILS TO REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE
8 DIVISION (I) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
9 RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL
10 CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
11 CONFINED OR COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED FOR ANY
12 SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
13 CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR (III) UPON THE
14 DIVISION'S REQUEST FOLLOWING A DETERMINATION BY THE BOARD THAT THE
15 OFFENDER IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF SECTION
16 ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
17 (B) FAILS TO APPEAR AT THE DETERMINATION PROCEEDING, SET FORTH IN
18 SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS ARTICLE,
19 SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE OR
20 SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS ARTICLE,
21 HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX OFFEN-
22 DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
23 PREDICATE SEX OFFENDER; OR
24 (C) FAILS TO SIGN AND RETURN TO THE DIVISION THE ANNUAL VERIFICATION
25 FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
26 TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
27 DAYS AFTER RECEIPT OF THE FORM; OR
28 (D) FAILS TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE LOCAL LAW
29 ENFORCEMENT AGENCY EVERY NINETY CALENDAR DAYS AFTER THE DATE OF RELEASE
30 OR COMMENCEMENT OF PAROLE OR POST-RELEASE SUPERVISION, OR PROBATION, OR
31 RELEASE ON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL
32 DISCHARGE AFTER HAVING BEEN GIVEN A LEVEL THREE DESIGNATION OR HAVING
33 BEEN DESIGNATED A SEXUAL PREDATOR; OR
34 (E) FAILS TO PROVIDE THE DIVISION WITH THE NAME AND ADDRESS OF ANY
35 INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
36 ENROLLED IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR NOT,
37 AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED
38 BY SUCH AN INSTITUTION; OR
39 (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
40 ANY CHANGE OF ADDRESS; OR
41 (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
42 ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
43 (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
44 LISHING RESIDENCE IN THIS STATE IN THE CASE OF A SEX OFFENDER WHO HAS
45 BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
46 (D) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS
47 ARTICLE OR PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
48 SIXTY-EIGHT-A OF THIS ARTICLE; OR
49 (I) VIOLATES THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-V OF
50 THIS ARTICLE.
51 2. FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING, ANNU-
52 ALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION OF
53 HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT AN
54 INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
55 STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
56 ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony. [Any
S. 4765 8
1 sex offender who violates the provisions of section one hundred sixty-
2 eight-v of this article shall be guilty of a class A misdemeanor upon
3 conviction for the first offense, and upon conviction for a second or
4 subsequent offense shall be guilty of a class D felony.]
5 3. Any such failure [to register or verify] may also be the basis for
6 revocation of parole pursuant to section two hundred fifty-nine-i of the
7 executive law or the basis for revocation of probation pursuant to arti-
8 cle four hundred ten of the criminal procedure law.
9 S 7. This act shall take effect immediately.
