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

                                  2021

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ORTIZ, BOYLAND, BRINDISI -- Multi-Sponsored by --
  M.  of  A.  GALEF  --  read  once  and  referred  to  the Committee on
  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:

  Section  1. Section 168-t of the correction law, as amended by chapter
373 of the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. 1. Any sex offender required to register or to veri-
fy pursuant to the provisions of this article who fails to  register  or
verify  in  the  manner and within the time periods provided for in this
article shall be guilty of a class E  felony  upon  conviction  for  the
first  offense,  and  upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any sex offender who  violates  the
provisions of section one hundred sixty-eight-v of this article shall be
guilty  of  a class A misdemeanor upon conviction for the first offense,
and upon conviction for a second or subsequent offense shall  be  guilty
of  a class D felony. Any such failure to register or verify may also be
the basis for revocation of  parole  pursuant  to  section  two  hundred
fifty-nine-i  of  the  executive  law  or  the  basis  for revocation of
probation pursuant to article four hundred ten of the criminal procedure
law.
  2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IN
ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SECTION, ANY SEX OFFENDER
FOUND  GUILTY  OF  A  VIOLATION OF THIS SECTION ON TWO OR MORE OCCASIONS
SHALL, IF SENTENCED TO PROBATION, BE REQUIRED TO WEAR AT ALL  TIMES  FOR
THE  DURATION OF THE PERIOD OF PROBATION A LOCATION-TRANSMITTING DEVICE,
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.
              

                                                           LBD06503-01-3

A. 2021                             2

ALL  TIMES FOR THE DURATION OF ANY PERIOD OF PAROLE, CONDITIONAL RELEASE
OR POST-RELEASE SUPERVISION A LOCATION-TRANSMITTING DEVICE.
  (B)  THE  LOCATION-TRANSMITTING  DEVICE  SHALL  BE ATTACHED TO THE SEX
OFFENDER BY THE AGENCY SUPERVISING THE  SEX  OFFENDER  AND  SUCH  AGENCY
SHALL  REGULARLY  AND  FREQUENTLY MONITOR THE INFORMATION TRANSMITTED BY
THE LOCATION-TRANSMITTING DEVICE.
  (C) ANY SEX OFFENDER WHO IS REQUIRED TO BE MONITORED PURSUANT  TO  THE
PROVISIONS  OF THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL UPON
CONVICTION BE GUILTY OF A CLASS D FELONY.   SUCH VIOLATION MAY  ALSO  BE
THE  BASIS  FOR  REVOCATION  OF  PAROLE  PURSUANT TO SECTION TWO HUNDRED
FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS  FOR  THE  REVOCATION  OF
PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law, provided that any rules and regulations
necessary to implement the provisions of subdivision 2 of section  168-t
of  the  correction  law,  as  added  by section one of this act, on its
effective date are authorized and directed to be completed on or  before
such date.