Bill Text: NY A10321 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires sex offenders to verify their residence and registration on a biannual basis; the divisions 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) 2010-03-18 - referred to correction [A10321 Detail]

Download: New_York-2009-A10321-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10321
                                 I N  A S S E M B L Y
                                    March 18, 2010
                                      ___________
       Introduced  by  M. of A. HOYT -- 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    S  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    S 3. Subdivision 2 of section 168-g of the correction law, as added by
   16  chapter 192 of the laws of 1995, is amended to read as follows:
   17    2.  Every  sex  offender  who on the effective date of this article is
   18  then on parole or probation for an offense provided for  in  subdivision
   19  two  or three of section one hundred sixty-eight-a of this article shall
   20  within ten calendar days of such determination register with his  parole
   21  or  probation  officer.  [On  each  anniversary of] ON AND AFTER the sex
   22  offender's initial registration date  [thereafter],  the  provisions  of
   23  section  one  hundred  sixty-eight-f  of this article shall BE DEEMED TO
   24  apply TO SUCH OFFENDER.  Any sex offender who fails  or  refuses  to  so
   25  comply  shall be subject to the same penalties as otherwise provided for
   26  in this article which would be imposed upon a sex offender who fails  or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03384-01-9
       A. 10321                            2
    1  refuses  to  so  comply  with the provisions of this article on or after
    2  such effective date.
    3    S  4.  Subdivisions 1 and 2 of section 168-h of the correction law, as
    4  amended by chapter 1 of the  laws  of  2006,  are  amended  to  read  as
    5  follows:
    6    1.  The  duration  of registration and verification for a sex offender
    7  who has not been designated a sexual predator,  or  a  sexually  violent
    8  offender,  or a predicate sex offender, and who is classified as a level
    9  one risk, or who has not yet received a risk level classification, shall
   10  be [annually] BIANNUALLY for a period of twenty years from  the  initial
   11  date of registration.
   12    2.  The  duration  of registration and verification for a sex offender
   13  who, on or after March eleventh, two thousand two, is designated a sexu-
   14  al predator, or a sexually violent offender, or a predicate  sex  offen-
   15  der,  or  who is classified as a level two or level three risk, shall be
   16  [annually] BIANNUALLY for life. Notwithstanding  the  foregoing,  a  sex
   17  offender who is classified as a level two risk and who is not designated
   18  a sexual predator, a sexually violent offender or a predicate sex offen-
   19  der,  may  be relieved of the duty to register and verify as provided by
   20  subdivision one of section one hundred sixty-eight-o of this article.
   21    S 5. This act shall take effect on the first of January next  succeed-
   22  ing  the  date  on  which  it shall have become a law, provided that any
   23  rules, regulations and forms necessary to implement  the  provisions  of
   24  this  act  on  its  effective  date  are  authorized  and directed to be
   25  completed on or before such date.