S T A T E O F N E W Y O R K
________________________________________________________________________
48
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the correction law, in relation to
establishing penalties for failure to provide a DNA sample and failure
to register or verify as a sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 195.01
and 195.02 to read as follows:
S 195.01 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND
DEGREE WHEN, BEING A DESIGNATED OFFENDER WHO HAS BEEN CONVICTED AND
SENTENCED FOR A CRIME SPECIFIED IN SUBDIVISION SEVEN OF SECTION NINE
HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW AND HAVING BEEN GIVEN NOTICE
THAT HE OR SHE IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TEST-
ING PURSUANT TO SUBDIVISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C
OF THE EXECUTIVE LAW, SUCH PERSON REFUSES, RESISTS OR OTHERWISE FAILS TO
PROVIDE SUCH SAMPLE.
FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
S 195.02 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE.
A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO PROVIDE A DNA
SAMPLE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE
TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
S 2. The penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01080-01-3
S. 48 2
S 195.03 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND
DEGREE.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER OR
VERIFY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE FAILS
TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN SUCH ARTICLE.
FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE
IS A CLASS E FELONY.
S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF FAILURE TO
REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI-
OUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03 OF THIS ARTICLE OR
CONVICTED FOR FAILURE TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED
SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION.
FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS
A CLASS D FELONY.
S 3. 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] VIOLATIONS; ADDITIONAL PENALTIES. [Any sex offen-
der required to register or to verify 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] IN
ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY 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.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.