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

                                  3134

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  CORWIN, CROUCH, RAIA, OAKS, BORELLI, DUPREY,
  CURRAN -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH,  CERET-
  TO, FINCH, GARBARINO, GRAF, HAWLEY, KEARNS, LOPEZ, McDONOUGH, McLAUGH-
  LIN,  MONTESANO,  PALMESANO,  SALADINO,  STEC, TENNEY -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation  to  the  residency  and
  verification requirements and penalties for certain sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-a of the correction law is  amended  by  adding
two new subdivisions 19 and 20 to read as follows:
  19.  "SCHOOL  GROUNDS" MEANS ANY BUILDING, STRUCTURE, ATHLETIC PLAYING
FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE  REAL  PROPERTY  BOUNDARY
LINE  OR  A  LICENSED  OR  REGISTERED DAY CARE CENTER, PUBLIC OR PRIVATE
ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH,  VOCATIONAL,  OR  HIGH
SCHOOL, OR SIMILAR EDUCATIONAL INSTITUTION WHERE CHILDREN ARE IN REGULAR
ATTENDANCE.
  20.  "RESIDENCE"  MEANS  ANY  PLACE OF ABODE, DOMICILE, OR INHABITANCE
WHERE A CONVICTED SEX OFFENDER SPENDS OR  INTENDS  TO  SPEND  MORE  THAN
THREE  NIGHTS  A  WEEK.  FOR PURPOSES OF THIS ARTICLE, A PERSON MAY HAVE
MORE THAN ONE RESIDENCE.
  S 2.  The section heading of section 168-e of the correction  law,  as
added  by chapter 192 of the laws of 1995, is amended and a new subdivi-
sion 3 is added to read as follows:
  Discharge, PAROLE, OR  RELEASE  of  sex  offender  [from  correctional
facility]; duties of official in charge.
  3. NO PERSON REQUIRED TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE
WHO  HAS  BEEN  CONVICTED  OF  OR CONVICTED FOR AN ATTEMPT TO COMMIT ANY
OFFENSE UNDER SECTION 255.25, ARTICLE ONE HUNDRED THIRTY OR ARTICLE  TWO
HUNDRED  SIXTY-THREE  OF  THE PENAL LAW OR ANY OTHER OFFENSES DEFINED IN
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE WHERE  THE  VICTIM  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04586-01-5
              

A. 3134                             2

SUCH  OFFENSE  WAS  A PERSON UNDER THE AGE OF EIGHTEEN AND WHO IS OR HAS
BEEN  DISCHARGED,  PAROLED,  RELEASED  TO  POST-RELEASE  SUPERVISION  OR
RELEASED FROM A STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTI-
TUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED SHALL RESIDE WITHIN ONE
THOUSAND  FEET  OF ANY SCHOOL GROUNDS AS MEASURED IN STRAIGHT LINES FROM
THE CENTER OF THE NEAREST POINT OF INGRESS OR EGRESS OF THE RESIDENCE TO
THE NEAREST REAL PROPERTY BOUNDARY LINE OF THE SCHOOL GROUNDS.
  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. 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.
  2. 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.
  3. ANY SEX OFFENDER WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  THREE
OF  SECTION ONE HUNDRED SIXTY-EIGHT-E OF 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.
  4.  Any  such  failure to register [or], verify, OR ABIDE BY RESIDENCY
RESTRICTIONS 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.
  5.  A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND
IN ADDITION TO ANY OTHER PENALTY  PROVIDED  BY  THIS  SECTION,  ANY  SEX
OFFENDER  FOUND  GUILTY  OF  A  VIOLATION OF THIS SECTION ON TWO OR MORE
OCCASIONS SHALL BE REQUIRED TO WEAR A  LOCATION-TRANSMITTING  DEVICE  AT
ALL  TIMES  FOR  THE DURATION OF THE PERIOD OF PROBATION, PAROLE, CONDI-
TIONAL RELEASE OR POST-RELEASE  SUPERVISION.  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 DEVICE.
  B.  THE  COST  OF INSTALLING AND MAINTAINING THE LOCATION-TRANSMITTING
DEVICE SHALL BE BORNE BY THE PERSON SUBJECT TO SUCH CONDITION UNLESS THE
COURT DETERMINES SUCH PERSON IS FINANCIALLY UNABLE TO AFFORD  SUCH  COST
WHEREUPON SUCH COST MAY BE IMPOSED PURSUANT TO A PAYMENT PLAN OR WAIVED.
SUCH  COST  SHALL  BE  CONSIDERED A FINE FOR THE PURPOSES OF SUBDIVISION
FIVE OF SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW.  SUCH  COST  SHALL
NOT REPLACE, BUT SHALL INSTEAD BE IN ADDITION TO, ANY FINES, SURCHARGES,
OR  OTHER  COSTS  IMPOSED  PURSUANT  TO THIS CHAPTER OR OTHER APPLICABLE
LAWS.
  C. ANY SEX OFFENDER WHO IS REQUIRED TO  WEAR  A  LOCATION-TRANSMITTING
DEVICE  PURSUANT TO THIS SUBDIVISION WHO VIOLATES SUCH REQUIREMENT SHALL
BE GUILTY OF A CLASS D FELONY AND SUCH VIOLATION MAY 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 ARTI-
CLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  6.  ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE
PROVISIONS OF THIS  ARTICLE  WHO  KNOWINGLY  SUBMITS  FALSE  INFORMATION
RESPECTING  HIS OR HER IDENTITY OR RESIDENCE IN THE COURSE OF COMPLETING

A. 3134                             3

HIS OR HER DUTY TO REGISTER OR TO VERIFY HIS OR HER  RESIDENCE  PURSUANT
TO THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY.
  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.