NY State Assembly Bill 2009-A10321

Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2010	referred to correction

2009-A10321 (ACTIVE) - Details

See Senate Version of this Bill:: S1485
Current Committee:: Assembly Correction
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-A10321 (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-A10321 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10321

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

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

SUMMARY OF SPECIFIC 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  regu-
lating  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 require-
ments. 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  anniver-
sary 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 offen-

der 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.

PRIOR   LEGISLATIVE  HISTORY:    2007/2008  -  S.434  -  Passed  Senate,
Nov-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-A10321 (ACTIVE) - Bill Text download pdf

                            
                    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:

  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
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

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

A. 10321                            2

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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Assembly Bill A10321

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A10321 (ACTIVE) - Details

2009-A10321 (ACTIVE) - Summary

2009-A10321 (ACTIVE) - Sponsor Memo

2009-A10321 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10321

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Sponsored By

HOYT

Archive: Last Bill Status - In Assembly Committee

2009-A10321 (ACTIVE) - Details

2009-A10321 (ACTIVE) - Summary

2009-A10321 (ACTIVE) - Sponsor Memo

2009-A10321 (ACTIVE) - Bill Text download pdf

Comments