NY State Senate Bill 2013-S3919

Senate Bill S3919

2013-2014 Legislative Session

Requires sex offenders who fail to register or verify twice or more to wear a location-tracking device

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to crime victims, crime and correction
Feb 26, 2013	referred to crime victims, crime and correction

co-Sponsors

2013-S3919 (ACTIVE) - Details

See Assembly Version of this Bill:: A2021
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §168-t, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2630
2011-2012: S6073, A1115
2015-2016: S4465, A5888
2017-2018: S3907, A2430
2019-2020: S4736, A3212
2021-2022: S4198
2023-2024: S3278

2013-S3919 (ACTIVE) - Summary

Requires sex offenders who fail to register or verify their registration on two or more occasions to wear a location-tracking device while on probation, parole, conditional release or post-release supervision; failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.

2013-S3919 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3919

TITLE OF BILL:  An act to amend the correction law, in relation to
requiring sex offenders who repeatedly fail to register and verify to
wear a location-transmitting device

PURPOSE:  This bill will require sex offenders who fail to register in
a timely manner or verify their registration requirements under New
York State's Sex Offender Registration Act to wear location
transmitting devices.

SUMMARY OF PROVISIONS:

Section One - Section 168-t of the Correction Law, as amended by
Chapter 604 of the Laws of 2005, is amended to make an addition to the
penalties provided when a sex offender fails to register or verify
his/her information required pursuant to this article two or more
times to be required to wear a location transmitting device at all
times.

Section Two - 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. 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 where any sex offender who fails to register,
verify or update information regarding their sex offender registration
requirements two or more times be mandated to wear a GPS monitoring
system such as an ankle bracelet. Should such legislation be signed
into law by the President, all states will risk the loss of 10 percent
of funds that would otherwise be allocated to the state under Section
506 of the Omnibus Crime Control and Safe Streets Act of 1968. The war
against sex offenders needs to be stepped up and GPS technology and
the strict monitoring of the most dangerous and uncooperative
offenders is a big step in the right direction.

LEGISLATIVE HISTORY:  2012 - S. 6073 Finance Committee - A. 1115
Corrections Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  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.

2013-S3919 (ACTIVE) - Bill Text download pdf

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

                                  3919

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sens.  GRIFFO,  LARKIN,  MAZIARZ, SAVINO, SEWARD -- 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 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

S. 3919                             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.

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Senate Bill S3919

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

William Larkin

George D. Maziarz

Diane J. Savino

James L. Seward

2013-S3919 (ACTIVE) - Details

2013-S3919 (ACTIVE) - Summary

2013-S3919 (ACTIVE) - Sponsor Memo

2013-S3919 (ACTIVE) - Bill Text download pdf

Comments