STATE OF NEW YORK
        ________________________________________________________________________

                                          6068

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 28, 2023
                                       ___________

        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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.
                                                                   LBD09192-01-3

        S. 6068                             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. Effective  immediately
    27  any  rules,  regulations and forms necessary to implement the provisions
    28  of this act on its effective date are authorized to be completed  on  or
    29  before such date.