BILL NUMBER:S1437

TITLE OF BILL:
An act
to amend the correction law, in relation to knowingly harboring a sex
offender who has failed to register or verify

SUMMARY OF PROVISIONS:
Section 1 adds a new section 168-ii
that provides that any person who knowingly harbors, houses or
employs a sex offender required to register or verify residence or
employment pursuant to Section 168 of the Corrections Law, who has
failed to register or verify as required by law, and fails to notify
his or her local law enforcement agency as to the location of such
offender, shall be guilty of an A misdemeanor.

Section 2 provides that the act shall take effect on January first
next succeeding the date upon which it shall have become law.

PURPOSE AND JUSTIFICATION:
The recent abduction and murder of Jessica
Lunsford in Florida has again reminded us of the possibility of
recidivism for those convicted of sex offenses, as well as the
problem of dealing with those who protect convicted sex offenders who
they know have not registered with the Division of Criminal Justice
Services. Officials in Florida report that they twice interviewed
              

persons in the house where the accused murderer was living, yet those
persons never divulged that the suspect was living there. The accused
murderer had a 30-year criminal history and was a convicted sex
offender who was required to register, but had failed to do so.
Officials further indicate that there is a high possibility that
Jessica was still alive at the time these interviews were done. Had
family members notified the police that the accused was living there,
it is possible that she might have been rescued, but there was no law
that would obligate these family members to tell officials that this
convicted offender was living with them.

EXISTING LAW:
Article 6-C of the Corrections Law provides for
registration of convicted sex offenders.

PRIOR LEGISLATIVE HISTORY:
2006 - S.4936-A/A.9233/A.10099 -- PASSED SENATE/Correction/Correction
2007-08 - S.4636/A.2621 -- PASSED SENATE/Correction
2009-10 - S.2988/A.945 -- CRIME & CORRECTIONS/Correction
2011-12 - S.3220 - PASSED SENATE

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.