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

                                  4865

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. THIELE -- 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  amended
by  section 18 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. Every sex offender who on the effective date  of  this  article  is
then  on  community supervision 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05832-01-3
              

A. 4865                             2

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.