Bill Text: NY A08579 | 2019-2020 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A08579 Detail]

Download: New_York-2019-A08579-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8579

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                   September 13, 2019
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on 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
    24  provisions of section one hundred sixty-eight-f of this article shall be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06744-01-9

        A. 8579                             2

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