Bill Text: NY A04869 | 2011-2012 | 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: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A04869 Detail]

Download: New_York-2011-A04869-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4869
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
         tee on 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.
   24  [This] THE notice TO THE SEX OFFENDER shall include the following state-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06168-01-1
       A. 4869                             2
    1  ment [or a substantially similar statement]: "This proceeding  is  being
    2  held  to  determine whether you will be classified as a level 3 offender
    3  (risk of repeat offense is high), a level 2  offender  (risk  of  repeat
    4  offense  is  moderate), or a level 1 offender (risk of repeat offense is
    5  low), or whether you will be designated as a sexual predator, a sexually
    6  violent offender or a predicate sex offender, which will  determine  how
    7  long you must register as a sex offender and how much information can be
    8  provided to the public concerning your registration. YOU HAVE A RIGHT TO
    9  A  HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT
   10  TO BE REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL  BE  PROVIDED
   11  IF  YOU  ARE  FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE TO APPEAR AT
   12  THE HEARING IS A VIOLATION OF THIS ARTICLE. If you  fail  to  appear  at
   13  this  proceeding,  [without sufficient excuse,] it shall be held in your
   14  absence. Failure to appear may result in a longer period of registration
   15  or a higher level of community notification because you are not  present
   16  to offer evidence or contest evidence offered by the district attorney."
   17  [The court shall also advise the sex offender that he or she has a right
   18  to  a hearing prior to the court's determination, that he or she has the
   19  right to be represented by counsel at the hearing and that counsel  will
   20  be  appointed  if he or she is financially unable to retain counsel.] If
   21  the sex offender applies for assignment of counsel to represent  him  or
   22  her  at the hearing and counsel was not previously assigned to represent
   23  the sex offender in the underlying  criminal  action,  the  court  shall
   24  determine  whether the offender is financially unable to retain counsel.
   25  If such a finding is made, the court shall assign counsel  to  represent
   26  the sex offender pursuant to article eighteen-B of the county law. Where
   27  the  court  orders a sex offender released on probation, such order must
   28  include a provision requiring that he or she comply  with  the  require-
   29  ments  of this article. Where such sex offender violates such provision,
   30  probation may be immediately revoked in the manner provided  by  article
   31  four hundred ten of the criminal procedure law.
   32    4.  If  a  sex offender, having been given notice OF THE DETERMINATION
   33  PROCEEDING, including the time and place [of the determination  proceed-
   34  ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
   35  HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
   36  shall  conduct the hearing and make the determinations in the manner set
   37  forth in subdivision three of this section.
   38    S 2. Section 168-f of the correction law is amended by  adding  a  new
   39  subdivision 1-a to read as follows:
   40    1-A.  EACH  SEX OFFENDER SHALL APPEAR AT THE DETERMINATION PROCEEDING,
   41  SET FORTH IN SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-EIGHT-D  OF
   42  THIS  ARTICLE,  SUBDIVISION  TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF
   43  THIS ARTICLE OR SUBDIVISION THREE OF SECTION ONE  HUNDRED  SIXTY-EIGHT-N
   44  OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
   45  SUCH  SEX  OFFENDER  SHALL  BE  DESIGNATED  A  SEXUAL PREDATOR, SEXUALLY
   46  VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
   47    S 3. Paragraph (c) of subdivision 2 of section 168-f of the correction
   48  law, as amended by chapter 453 of the laws of 1999, is amended  to  read
   49  as follows:
   50    (c)  If the sex offender fails to mail the signed verification form to
   51  the division within ten calendar days after receipt of the form,  he  or
   52  she  shall  be in violation of this [section unless he proves that he or
   53  she has not changed his or her residence address] ARTICLE.
   54    S 4. Subdivisions 2 and 4 of section  168-k  of  the  correction  law,
   55  subdivision  2  as  amended and subdivision 4 as added by chapter 684 of
   56  the laws of 2005, are amended to read as follows:
       A. 4869                             3
    1    2. The division shall advise the  board  that  the  sex  offender  has
    2  established  residence  in this state. The board shall determine whether
    3  the sex offender is required to register with the  division.  If  it  is
    4  determined  that  the sex offender is required to register, the division
    5  shall  notify the sex offender of his or her duty to register under this
    6  article and shall require the sex offender to sign  a  form  as  may  be
    7  required by the division acknowledging that the duty to register and the
    8  procedure  for  registration has been explained to the sex offender. The
    9  division shall obtain on such form the address where  the  sex  offender
   10  expects to reside within the state and the sex offender shall retain one
   11  copy of the form and send two copies to the division which shall provide
   12  the  information to the law enforcement agency having jurisdiction where
   13  the sex offender expects to reside within  this  state.  No  later  than
   14  thirty days prior to the board making a recommendation, the sex offender
   15  shall  be  notified  that his or her case is under review and that he or
   16  she is permitted to submit to the board any information relevant to  the
   17  review.  After  reviewing  any  information  obtained,  and applying the
   18  guidelines established  in  subdivision  five  of  section  one  hundred
   19  sixty-eight-l  of  this  article,  the board shall within sixty calendar
   20  days make a recommendation regarding the level of notification  pursuant
   21  to  subdivision six of section one hundred sixty-eight-l of this article
   22  and whether such sex offender shall be  designated  a  sexual  predator,
   23  sexually  violent  offender,  or  predicate  sex  offender as defined in
   24  subdivision seven of section one hundred sixty-eight-a of this  article.
   25  This recommendation shall be confidential and shall not be available for
   26  public  inspection.  It  shall  be  submitted by the board to the county
   27  court or supreme court and to the district attorney  in  the  county  of
   28  residence  of  the sex offender and to the sex offender. It shall be the
   29  duty of the county court or supreme court in the county of residence  of
   30  the  sex  offender,  applying  the guidelines established in subdivision
   31  five of section one hundred sixty-eight-l of this article, to  determine
   32  the  level  of  notification  pursuant to subdivision six of section one
   33  hundred sixty-eight-l of this article  and  whether  such  sex  offender
   34  shall  be  designated  a  sexual predator, sexually violent offender, or
   35  predicate sex offender as defined in subdivision seven  of  section  one
   36  hundred sixty-eight-a of this article. At least thirty days prior to the
   37  determination  proceeding, such court shall notify the district attorney
   38  and the sex offender, in writing,  of  the  date  of  the  determination
   39  proceeding  and  the  court shall also provide the district attorney and
   40  sex offender with a copy of the recommendation received from  the  board
   41  and  any  statement  of the reasons for the recommendation received from
   42  the board. [This] THE notice TO  THE  SEX  OFFENDER  shall  include  the
   43  following  statement  [or  a  substantially  similar  statement]:  "This
   44  proceeding is being held to determine whether you will be classified  as
   45  a  level 3 offender (risk of repeat offense is high), a level 2 offender
   46  (risk of repeat offense is moderate), or a level  1  offender  (risk  of
   47  repeat  offense  is  low), or whether you will be designated as a sexual
   48  predator, a sexually violent offender or a predicate sex offender, which
   49  will determine how long you must register as a sex offender and how much
   50  information can be provided to the public concerning your  registration.
   51  YOU  HAVE  A  RIGHT  TO  A HEARING BEFORE THE COURT MAKES THESE DETERMI-
   52  NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT  HEARING.
   53  COUNSEL  WILL  BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-
   54  SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. If
   55  you fail to appear at this proceeding, [without sufficient  excuse,]  it
   56  shall  be held in your absence. Failure to appear may result in a longer
       A. 4869                             4
    1  period of registration or  a  higher  level  of  community  notification
    2  because  you  are  not  present  to  offer  evidence or contest evidence
    3  offered by the district attorney."  [The court shall also advise the sex
    4  offender  that  he  or she has a right to a hearing prior to the court's
    5  determination, that he or she has the right to be represented by counsel
    6  at the hearing and that counsel will be appointed if he or she is finan-
    7  cially unable to retain counsel.] A returnable form shall be enclosed in
    8  the court's notice to the sex offender on which  the  sex  offender  may
    9  apply  for  assignment  of  counsel.    If  the sex offender applies for
   10  assignment of counsel and the court finds that the  offender  is  finan-
   11  cially  unable  to  retain  counsel,  the  court shall assign counsel to
   12  represent the sex offender pursuant to article eighteen-B of the  county
   13  law.  If  the  district attorney seeks a determination that differs from
   14  the recommendation submitted by the board, at least ten  days  prior  to
   15  the  determination proceeding the district attorney shall provide to the
   16  court and the sex offender a statement setting forth the  determinations
   17  sought  by  the  district attorney together with the reasons for seeking
   18  such determinations. The court shall allow the sex  offender  to  appear
   19  and be heard. The state shall appear by the district attorney, or his or
   20  her  designee, who shall bear the burden of proving the facts supporting
   21  the determinations sought by clear and convincing evidence. It shall  be
   22  the duty of the court applying the guidelines established in subdivision
   23  five  of  section one hundred sixty-eight-l of this article to determine
   24  the level of notification pursuant to subdivision  six  of  section  one
   25  hundred  sixty-eight-l  of  this  article  and whether such sex offender
   26  shall be designated a sexual predator,  sexually  violent  offender,  or
   27  predicate  sex  offender  as defined in subdivision seven of section one
   28  hundred sixty-eight-a of this article. Where there is a dispute  between
   29  the  parties  concerning the determinations, the court shall adjourn the
   30  hearing as necessary to permit the sex offender or the district attorney
   31  to obtain materials relevant to the determinations from the state  board
   32  of  examiners of sex offenders or any state or local facility, hospital,
   33  institution, office, agency, department or division. Such materials  may
   34  be  obtained  by  subpoena if not voluntarily provided to the requesting
   35  party. In making the determinations the court shall review any  victim's
   36  statement  and  any relevant materials and evidence submitted by the sex
   37  offender and the district attorney and the recommendation and any  mate-
   38  rial  submitted by the board, and may consider reliable hearsay evidence
   39  submitted by either party, provided that it is relevant to the  determi-
   40  nations.  If available, facts proven at trial or elicited at the time of
   41  a plea of guilty shall be deemed established  by  clear  and  convincing
   42  evidence  and  shall not be relitigated. The court shall render an order
   43  setting forth its determinations and the findings of  fact  and  conclu-
   44  sions  of law on which the determinations are based. A copy of the order
   45  shall be submitted by the court to the  division.  Upon  application  of
   46  either  party,  the  court  shall  seal any portion of the court file or
   47  record which contains material that is confidential under any  state  or
   48  federal  statute.  Either  party  may  appeal as of right from the order
   49  pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
   50  seven  of  the  civil  practice  law  and  rules. Where counsel has been
   51  assigned to represent the sex offender upon  the  ground  that  the  sex
   52  offender  is financially unable to retain counsel, that assignment shall
   53  be continued throughout the pendency of the appeal, and the  person  may
   54  appeal  as  a  poor  person pursuant to article eighteen-B of the county
   55  law.
       A. 4869                             5
    1    4. If a sex offender, having been given notice  OF  THE  DETERMINATION
    2  PROCEEDING,  including the time and place [of the determination proceed-
    3  ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
    4  HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
    5  shall  conduct the hearing and make the determinations in the manner set
    6  forth in subdivision two of this section.
    7    S 5. Subdivisions 3 and 6 of section  168-n  of  the  correction  law,
    8  subdivision  3  as  amended and subdivision 6 as added by chapter 684 of
    9  the laws of 2005, are amended to read as follows:
   10    3. No later than thirty days prior to the board's recommendation,  the
   11  sex  offender shall be notified that his or her case is under review and
   12  that he or she is permitted to submit to the board any information rele-
   13  vant to the review. Upon receipt  of  the  board's  recommendation,  the
   14  sentencing court shall determine whether the sex offender was previously
   15  found  to be eligible for assigned counsel in the underlying case. Where
   16  such a finding was previously made, the court shall  assign  counsel  to
   17  represent  the  offender,  pursuant  to article eighteen-B of the county
   18  law. At least twenty days prior to  the  determination  proceeding,  the
   19  sentencing  court  shall  notify the district attorney, the sex offender
   20  and the sex offender's counsel, in writing, of the date of the  determi-
   21  nation  proceeding and shall also provide the district attorney, the sex
   22  offender and the sex offender's counsel with a copy of  the  recommenda-
   23  tion  received  from  the board and any statement of the reasons for the
   24  recommendation received from the board. [This] THE  notice  TO  THE  SEX
   25  OFFENDER shall include the following statement [or a substantially simi-
   26  lar statement]:  "This proceeding is being held to determine whether you
   27  will  be  classified  as  a  level 3 offender (risk of repeat offense is
   28  high), a level 2 offender (risk of repeat offense  is  moderate),  or  a
   29  level 1 offender (risk of repeat offense is low), or whether you will be
   30  designated as a sexual predator, a sexually violent offender or a predi-
   31  cate  sex offender, which will determine how long you must register as a
   32  sex offender and how much information can  be  provided  to  the  public
   33  concerning  your  registration. YOU HAVE A RIGHT TO A HEARING BEFORE THE
   34  COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED  BY
   35  COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
   36  UNABLE  TO  RETAIN  COUNSEL.  FAILURE  TO  APPEAR  AT  THE  HEARING IS A
   37  VIOLATION OF THIS ARTICLE. If you fail to  appear  at  this  proceeding,
   38  [without  sufficient  excuse,] it shall be held in your absence. Failure
   39  to appear may result in a longer period  of  registration  or  a  higher
   40  level  of  community  notification  because you are not present to offer
   41  evidence or contest evidence offered by  the  district  attorney."  [The
   42  written  notice  to the sex offender shall also advise the offender that
   43  he or she has a right to a hearing prior to the  court's  determination,
   44  and  that  he  or  she has the right to be represented by counsel at the
   45  hearing.] If counsel has been assigned to represent the offender at  the
   46  determination  proceeding,  the  notice  shall  also  provide  the name,
   47  address and telephone number of the assigned counsel. Where counsel  has
   48  not  been assigned, [the notice shall advise the sex offender that coun-
   49  sel will be appointed if he or she is financially unable to retain coun-
   50  sel, and] a returnable form shall be enclosed in the court's  notice  to
   51  the  sex  offender on which the sex offender may apply for assignment of
   52  counsel.  If the sex offender applies for assignment of counsel and  the
   53  court  finds  that the offender is financially unable to retain counsel,
   54  the court shall assign counsel to represent the sex offender pursuant to
   55  article eighteen-B of the county law. If the district attorney  seeks  a
   56  determination  that  differs  from  the  recommendation submitted by the
       A. 4869                             6
    1  board, at least ten days  prior  to  the  determination  proceeding  the
    2  district  attorney  shall  provide  to  the court and the sex offender a
    3  statement setting forth the determinations sought by the district attor-
    4  ney together with the reasons for seeking such determinations. The court
    5  shall  allow  the  sex  offender to appear and be heard. The state shall
    6  appear by the district attorney, or his or her designee, who shall  bear
    7  the  burden of proving the facts supporting the determinations sought by
    8  clear and convincing evidence. Where there  is  a  dispute  between  the
    9  parties concerning the determinations, the court shall adjourn the hear-
   10  ing  as necessary to permit the sex offender or the district attorney to
   11  obtain materials relevant to the determinations from the state board  of
   12  examiners  of  sex  offenders  or any state or local facility, hospital,
   13  institution, office, agency, department or division.  Such materials may
   14  be obtained by subpoena if not voluntarily provided  to  the  requesting
   15  party.  In making the determinations the court shall review any victim's
   16  statement and any relevant materials and evidence submitted by  the  sex
   17  offender  and the district attorney and the recommendation and any mate-
   18  rials submitted by the board, and may consider reliable hearsay evidence
   19  submitted by either party, provided that it is relevant to the  determi-
   20  nations.  Facts  previously  proven  at trial or elicited at the time of
   21  entry of a plea of guilty shall  be  deemed  established  by  clear  and
   22  convincing evidence and shall not be relitigated. The court shall render
   23  an  order  setting forth its determinations and the findings of fact and
   24  conclusions of law on which the determinations are based. A copy of  the
   25  order  shall be submitted by the court to the division. Upon application
   26  of either party, the court shall seal any portion of the court  file  or
   27  record  which  contains material that is confidential under any state or
   28  federal statute. Either party may appeal as  of  right  from  the  order
   29  pursuant  to the provisions of articles fifty-five, fifty-six and fifty-
   30  seven of the civil practice  law  and  rules.  Where  counsel  has  been
   31  assigned  to  represent  the  sex  offender upon the ground that the sex
   32  offender is financially unable to retain counsel, that assignment  shall
   33  be  continued  throughout the pendency of the appeal, and the person may
   34  appeal as a poor person pursuant to article  eighteen-B  of  the  county
   35  law.
   36    6.  If  a  sex offender, having been given notice OF THE DETERMINATION
   37  PROCEEDING, including the time and place [of the determination  proceed-
   38  ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
   39  HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
   40  shall  conduct the hearing and make the determinations in the manner set
   41  forth in subdivision three of this section.
   42    S 6. Section 168-t of the correction law, as amended by chapter 373 of
   43  the laws of 2007, is amended to read as follows:
   44    S 168-t. [Penalty] FAILURE TO REGISTER, APPEAR  AT  THE  DETERMINATION
   45  PROCEEDING,  ANNUALLY VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT AN
   46  INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR  CHANGE  OF
   47  STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
   48  RESIDENCE  IN  STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON
   49  MOTOR VEHICLES ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY.    1.
   50  Any  sex  offender  required  to register [or to verify] pursuant to the
   51  provisions of this article [who fails  to  register  or  verify  in  the
   52  manner  and  within  the time periods provided for in this article shall
   53  be] IS guilty of [a  class  E  felony  upon  conviction  for  the  first
   54  offense, and upon conviction for a second or subsequent offense shall be
   55  guilty  of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING,
   56  ANNUALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN  INSTITUTION
       A. 4869                             7
    1  OF  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT AN
    2  INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
    3  STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT  ON  MOTOR  VEHICLES
    4  ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:
    5    (A)  FAILS  TO  REGISTER  WITH  THE DIVISION ON A FORM PREPARED BY THE
    6  DIVISION (I) AT LEAST TEN CALENDAR  DAYS  PRIOR  TO  DISCHARGE,  PAROLE,
    7  RELEASE  TO  POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL
    8  CORRECTIONAL FACILITY, HOSPITAL OR  INSTITUTION  WHERE  HE  OR  SHE  WAS
    9  CONFINED  OR  COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED FOR ANY
   10  SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
   11  CONDITIONAL DISCHARGE OR UNCONDITIONAL  DISCHARGE,  OR  (III)  UPON  THE
   12  DIVISION'S  REQUEST  FOLLOWING  A  DETERMINATION  BY  THE BOARD THAT THE
   13  OFFENDER IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF  SECTION
   14  ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
   15    (B)  FAILS  TO  APPEAR  AT  THE DETERMINATION PROCEEDING, SET FORTH IN
   16  SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS  ARTICLE,
   17  SUBDIVISION  TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE OR
   18  SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS  ARTICLE,
   19  HELD  TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX OFFEN-
   20  DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
   21  PREDICATE SEX OFFENDER; OR
   22    (C) FAILS TO SIGN AND RETURN TO THE DIVISION THE  ANNUAL  VERIFICATION
   23  FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
   24  TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
   25  DAYS AFTER RECEIPT OF THE FORM; OR
   26    (D)  FAILS  TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE LOCAL LAW
   27  ENFORCEMENT AGENCY EVERY NINETY CALENDAR DAYS AFTER THE DATE OF  RELEASE
   28  OR  COMMENCEMENT OF PAROLE OR POST-RELEASE SUPERVISION, OR PROBATION, OR
   29  RELEASE ON PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL
   30  DISCHARGE  AFTER  HAVING  BEEN GIVEN A LEVEL THREE DESIGNATION OR HAVING
   31  BEEN DESIGNATED A SEXUAL PREDATOR; OR
   32    (E) FAILS TO PROVIDE THE DIVISION WITH THE NAME  AND  ADDRESS  OF  ANY
   33  INSTITUTION  OF  HIGHER  EDUCATION  HE OR SHE EXPECTS TO BE EMPLOYED BY,
   34  ENROLLED IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR  NOT,
   35  AND  WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED
   36  BY SUCH AN INSTITUTION; OR
   37    (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
   38  ANY CHANGE OF ADDRESS; OR
   39    (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
   40  ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
   41    (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
   42  LISHING RESIDENCE IN THIS STATE IN THE CASE OF A SEX  OFFENDER  WHO  HAS
   43  BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
   44  (D)  OF  SUBDIVISION  TWO  OF  SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS
   45  ARTICLE OR PARAGRAPH (B) OF SUBDIVISION THREE  OF  SECTION  ONE  HUNDRED
   46  SIXTY-EIGHT-A OF THIS ARTICLE; OR
   47    (I)  VIOLATES  THE  PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-V OF
   48  THIS ARTICLE.
   49    2. FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING,  ANNU-
   50  ALLY  VERIFY,  PERSONALLY  VERIFY, NOTIFY OF STATUS AT AN INSTITUTION OF
   51  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE  OF  STATUS  AT  AN
   52  INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
   53  STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
   54  ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony.  [Any
   55  sex  offender  who violates the provisions of section one hundred sixty-
   56  eight-v of this article shall be guilty of a class  A  misdemeanor  upon
       A. 4869                             8
    1  conviction  for  the  first offense, and upon conviction for a second or
    2  subsequent offense shall be guilty of a class D felony.]
    3    3.  Any such failure [to register or verify] may also be the basis for
    4  revocation of parole pursuant to section two hundred fifty-nine-i of the
    5  executive law or the basis for revocation of probation pursuant to arti-
    6  cle four hundred ten of the criminal procedure law.
    7    S 7. This act shall take effect immediately.
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