Bill Text: NY S04736 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires sex offenders who fail to register or verify their registration on two or more occasions to wear a location-tracking device while on probation, parole, conditional release or post-release supervision; failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-22 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04736 Detail]

Download: New_York-2019-S04736-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4736
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced  by  Sen.  GRIFFO -- 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 who repeatedly fail to register and verify to  wear  a  location-
          transmitting device
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 168-t of the correction law, as amended by  chapter
     2  373 of the laws of 2007, is amended to read as follows:
     3    § 168-t. Penalty. 1. Any sex offender required to register or to veri-
     4  fy  pursuant  to the provisions of this article who fails to register or
     5  verify in the manner and within the time periods provided  for  in  this
     6  article  shall  be  guilty  of  a class E felony upon conviction for the
     7  first offense, and upon conviction for a second  or  subsequent  offense
     8  shall  be  guilty of a class D felony. Any sex offender who violates the
     9  provisions of section one hundred sixty-eight-v of this article shall be
    10  guilty of a class A misdemeanor upon conviction for the  first  offense,
    11  and  upon  conviction for a second or subsequent offense shall be guilty
    12  of a class D felony. Any such failure to register or verify may also  be
    13  the  basis  for  revocation  of  parole  pursuant to section two hundred
    14  fifty-nine-i of the  executive  law  or  the  basis  for  revocation  of
    15  probation pursuant to article four hundred ten of the criminal procedure
    16  law.
    17    2.  (a) Notwithstanding any other provision of law to the contrary, in
    18  addition to any other penalty provided in this section, any sex offender
    19  found guilty of a violation of this section on  two  or  more  occasions
    20  shall,  if  sentenced to probation, be required to wear at all times for
    21  the duration of the period of probation a location-transmitting  device,
    22  and,  if  sentenced  to a period of imprisonment, be required to wear at
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06699-01-9

        S. 4736                             2
     1  all times for the duration of any period of parole, conditional  release
     2  or post-release supervision a location-transmitting device.
     3    (b)  The  location-transmitting  device  shall  be attached to the sex
     4  offender by the agency supervising the  sex  offender  and  such  agency
     5  shall  regularly  and  frequently monitor the information transmitted by
     6  the location-transmitting device.
     7    (c) Any sex offender who is required to be monitored pursuant  to  the
     8  provisions  of this subdivision who violates such requirement shall upon
     9  conviction be guilty of a class D felony.   Such violation may  also  be
    10  the  basis  for  revocation  of  parole  pursuant to section two hundred
    11  fifty-nine-i of the executive law or the basis  for  the  revocation  of
    12  probation pursuant to article four hundred ten of the criminal procedure
    13  law.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.  Effective immediately, the addition, amend-
    16  ment and/or repeal of any rule or regulation necessary for the implemen-
    17  tation  of  this act on its effective date are authorized to be made and
    18  completed on or before such date.
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