NY State Senate Bill 2009-S1485

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2010	reported and committed to codes
Jan 06, 2010	referred to crime victims, crime and correction
Feb 02, 2009	referred to crime victims, crime and correction

Votes

- Apr 12, 2010 - Crime Victims, Crime And Correction Committee Vote
  S1485
  
  11
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 12, 2010
      
      aye (11)
      
      Aubertine
      
      Foley
      
      Golden
      
      Kruger
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner
      
      aye wr (3)
      
      Duane
      
      Hassell-Thompson
      
      Montgomery

co-Sponsors

View additional co-sponsors

2009-S1485 (ACTIVE) - Details

See Assembly Version of this Bill:: A10321
Current Committee:: Senate Codes
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f, 168-g & 168-h, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1829
2013-2014: S1428
2015-2016: S5681, S6689
2017-2018: S2173
2019-2020: S1314
2021-2022: S3756
2023-2024: S6068
2025-2026: S1395

2009-S1485 (ACTIVE) - Summary

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.

2009-S1485 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1485

 TITLE OF BILL :
An act to amend the correction law, in relation to requiring sex
offenders to verify their registration with the sex offender registry
on a biannual basis


 PURPOSE :
To increase the number of times a sex offender has to verify their
registration with the Division of Criminal Justice Services.

 SUMMARY OF PROVISIONS :
Section One - Subdivision 4 of Section 168-b of the Correction Law, as
added by Chapter 192 of the Laws of 1995, is amended to provide that
DCJS shall on random dates in each six month period of the year mail a
nonforwardable verification form to sex offenders.
Section Two - The opening paragraph of subdivision 2 of section 168-f
of the Correction Law, as added by Chapter 192 of the Laws of 1995, is
amended to change from an annual verification date to a random
biannual verification procedure.
Section Three - Subdivision 2 of section 168-g of the Correction Law,
as added by Chapter 192 of the Laws of 1995, is amended to provide
that sex offenders must comply with the random biannual address
verification.
Section Four - Subdivisions 1 and 2 of section 168-h of the Correction

Law, as amended by Chapter 1 of the Laws of 2006, are amended to
change annually to biannually.
Section Five - Sets forth the effective date.

 JUSTIFICATION :
Terrifying examples of the need for stricter laws regulating sex
offenders permeate the news across the country evening after evening.
The killing of children like Jessica Lunsford in Florida is a sad
commentary indeed that sex offender registration and community
notification are not enough to keep our children and communities safe
from such vicious predators. Law enforcement officers need better
tools to be able to keep track of the most dangerous offenders,
especially those who choose to ignore their registration requirements
under New York State's version of Megan's Law. Therefore, it is
vitally important to verify the registered location of sex offenders
to make sure that they have not moved and are still following their
registration requirements. This legislation is based on a federal
initiative, H.R. 1505, The Jessica Lunsford Act, which among its
provisions would require all states to implement a policy which sets
up random biannual verification of sex offenders. Under current law,
level three offenders must verify their registration every 90 days.
However, level 1 and 2 offenders are only checked on once a year with
a verification form on their anniversary of registration. Recent
attacks on children across the country have shown that sex offenders
will often abscond from their registered address to areas where law
enforcement and residents are unaware of their existence. Therefore,
it is important to verify that a sex offender is indeed living where
they are registered at least once in each six month period of time. It
also makes great sense to have this card sent randomly rather than on
a specific anniversary date when an offender knows that it is coming.

 LEGISLATIVE HISTORY :
2007/2008 - S.434 - Passed Senate, Non-Controversial/Assembly
Corrections
2005-2006 - S.5404-A - Passed Senate/Assembly Corrections

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that any rules,
regulations and forms necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed
on or before such date.

2009-S1485 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1485

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. SKELOS, FARLEY, FUSCHILLO, GOLDEN, LEIBELL, MAZIARZ,
  MORAHAN, SALAND, SEWARD, VOLKER -- 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:

  Section  1.  Subdivision  4 of section 168-b of the correction law, as
added by chapter 192 of the laws of 1995, is amended to read as follows:
  4. The division shall, UPON A DIFFERENT RANDOM DATE  DURING  EACH  SIX
MONTH  PERIOD  OF  THE CALENDAR YEAR, mail a nonforwardable verification
form to the last reported address of the person  for  [annual]  BIANNUAL
verification requirements.
  S  2.  The  opening paragraph of subdivision 2 of section 168-f of the
correction law, as added by chapter 192 of the laws of 1995, is  amended
to read as follows:
  For  a  sex  offender required to register under this article [on each
anniversary of  the  sex  offender's  initial  registration  date]  UPON
RECEIPT  OF  EACH  RANDOMLY MAILED BIANNUAL VERIFICATION FORM during the
period in which he is  required  to  register  under  this  section  the
following applies:
  S 3. Subdivision 2 of section 168-g of the correction law, as added by
chapter 192 of the laws of 1995, is amended to read as follows:
  2.  Every  sex  offender  who on the effective date of this article is
then on parole or probation for an offense provided for  in  subdivision
two  or three of section one hundred sixty-eight-a of this article shall
within ten calendar days of such determination register with his  parole
or  probation  officer.  [On  each  anniversary of] ON AND AFTER the sex
offender's initial registration date  [thereafter],  the  provisions  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03384-01-9

S. 1485                             2

section  one  hundred  sixty-eight-f  of this article shall BE DEEMED TO
apply TO SUCH OFFENDER.  Any sex offender who fails  or  refuses  to  so
comply  shall be subject to the same penalties as otherwise provided for
in  this article which would be imposed upon a sex offender who fails or
refuses to so comply with the provisions of this  article  on  or  after
such effective date.
  S  4.  Subdivisions 1 and 2 of section 168-h of the correction law, as
amended by chapter 1 of the  laws  of  2006,  are  amended  to  read  as
follows:
  1.  The  duration  of registration and verification for a sex offender
who has not been designated a sexual predator,  or  a  sexually  violent
offender,  or a predicate sex offender, and who is classified as a level
one risk, or who has not yet received a risk level classification, shall
be [annually] BIANNUALLY for a period of twenty years from  the  initial
date of registration.
  2.  The  duration  of registration and verification for a sex offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al predator, or a sexually violent offender, or a predicate  sex  offen-
der,  or  who is classified as a level two or level three risk, shall be
[annually] BIANNUALLY for life. Notwithstanding  the  foregoing,  a  sex
offender who is classified as a level two risk and who is not designated
a sexual predator, a sexually violent offender or a predicate sex offen-
der,  may  be relieved of the duty to register and verify as provided by
subdivision one of section one hundred sixty-eight-o of this article.
  S 5. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law, provided that any
rules, regulations and forms necessary to implement  the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

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Senate Bill S1485

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Apr 12, 2010 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Apr 12, 2010

co-Sponsors

2009-S1485 (ACTIVE) - Details

2009-S1485 (ACTIVE) - Summary

2009-S1485 (ACTIVE) - Sponsor Memo

2009-S1485 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1485

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S1485 (ACTIVE) - Details

2009-S1485 (ACTIVE) - Summary

2009-S1485 (ACTIVE) - Sponsor Memo

2009-S1485 (ACTIVE) - Bill Text download pdf

Comments