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

                                  4987

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced by M. of A. SIMOTAS, GUNTHER, MILLER, RAIA, HOOPER, COLTON --
  Multi-Sponsored  by  --  M. of A. CERETTO -- read once and referred to
  the Committee on Correction

AN ACT to amend the correction law, in relation to notice to sex  offen-
  ders  of their determination hearing and the penalty for violations by
  sex offenders

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

  Section  1.  Subdivisions  2  and 4 of section 168-d of the correction
law, subdivision 2 as amended and subdivision 4 as added by chapter  684
of the laws of 2005, are amended to read as follows:
  2.  Any  sex offender, who is released on probation or discharged upon
payment of a fine,  conditional  discharge  or  unconditional  discharge
shall,  prior  to  such  release or discharge, be informed of his or her
duty to register under this article by the court in which he or she  was
convicted.  At  the  time  sentence  is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender  to  read  and  sign  such  form  and  to
complete  the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects  to  reside  upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or  employed,  whether  for  compensation  or not, and whether he or she
expects to reside in a facility owned or operated by  such  an  institu-
tion, and shall report such information to the division. The court shall
give  one copy of the form to the sex offender and shall send two copies
to the division which shall forward the information to the law  enforce-
ment  agencies  having  jurisdiction.  The  court  shall also notify the
district attorney and the sex offender of the date of the  determination
proceeding  to  be  held  pursuant to subdivision three of this section,
which shall be held at least forty-five days after such notice is given.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07325-01-5
              

A. 4987                             2

[This] THE notice TO THE SEX OFFENDER shall include the following state-
ment [or a substantially similar statement]: "This proceeding  is  being
held  to  determine whether you will be classified as a level 3 offender
(risk  of  repeat  offense  is high), a level 2 offender (risk of repeat
offense is moderate), or a level 1 offender (risk of repeat  offense  is
low), or whether you will be designated as a sexual predator, a sexually
violent  offender  or a predicate sex offender, which will determine how
long you must register as a sex offender and how much information can be
provided to the public concerning your registration. YOU HAVE A RIGHT TO
A HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A  RIGHT
TO  BE  REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED
IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE  TO  APPEAR  AT
THE  HEARING  IS  A  VIOLATION OF THIS ARTICLE. If you fail to appear at
this proceeding, [without sufficient excuse,] it shall be held  in  your
absence. Failure to appear may result in a longer period of registration
or  a higher level of community notification because you are not present
to offer evidence or contest evidence offered by the district attorney."
[The court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has  the
right  to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable to retain  counsel.]  If
the  sex  offender applies for assignment of counsel to represent him or
her at the hearing and counsel was not previously assigned to  represent
the  sex  offender  in  the  underlying criminal action, the court shall
determine whether the offender is financially unable to retain  counsel.
If  such  a finding is made, the court shall assign counsel to represent
the sex offender pursuant to article eighteen-B of the county law. Where
the court orders a sex offender released on probation, such  order  must
include  a  provision  requiring that he or she comply with the require-
ments of this article. Where such sex offender violates such  provision,
probation  may  be immediately revoked in the manner provided by article
four hundred ten of the criminal procedure law.
  4. If a sex offender, having been given notice  OF  THE  DETERMINATION
PROCEEDING,  including the time and place [of the determination proceed-
ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
shall conduct the hearing and make the determinations in the manner  set
forth in subdivision three of this section.
  S  2.  Section  168-f of the correction law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. EACH SEX OFFENDER SHALL APPEAR AT THE  DETERMINATION  PROCEEDING,
SET  FORTH  IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF
THIS ARTICLE, SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-EIGHT-K  OF
THIS  ARTICLE  OR SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N
OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
SUCH SEX OFFENDER  SHALL  BE  DESIGNATED  A  SEXUAL  PREDATOR,  SEXUALLY
VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
  S 3. Paragraph (c) of subdivision 2 of section 168-f of the correction
law,  as  amended by chapter 453 of the laws of 1999, is amended to read
as follows:
  (c) If the sex offender fails to mail the signed verification form  to
the  division  within ten calendar days after receipt of the form, he or
she shall be in violation of this [section unless he proves that  he  or
she has not changed his or her residence address] ARTICLE.

A. 4987                             3

  S  4.  Subdivisions  2  and  4 of section 168-k of the correction law,
subdivision 2 as amended and subdivision 4 as added by  chapter  684  of
the laws of 2005, are amended to read as follows:
  2.  The  division  shall  advise  the  board that the sex offender has
established residence in this state. The board shall  determine  whether
the  sex  offender  is  required to register with the division. If it is
determined that the sex offender is required to register,  the  division
shall  notify the sex offender of his or her duty to register under this
article and shall require the sex offender to sign  a  form  as  may  be
required by the division acknowledging that the duty to register and the
procedure  for  registration has been explained to the sex offender. The
division shall obtain on such form the address where  the  sex  offender
expects to reside within the state and the sex offender shall retain one
copy of the form and send two copies to the division which shall provide
the  information to the law enforcement agency having jurisdiction where
the sex offender expects to reside within  this  state.  No  later  than
thirty days prior to the board making a recommendation, the sex offender
shall  be  notified  that his or her case is under review and that he or
she is permitted to submit to the board any information relevant to  the
review.  After  reviewing  any  information  obtained,  and applying the
guidelines established  in  subdivision  five  of  section  one  hundred
sixty-eight-l  of  this  article,  the board shall within sixty calendar
days make a recommendation regarding the level of notification  pursuant
to  subdivision six of section one hundred sixty-eight-l of this article
and whether such sex offender shall be  designated  a  sexual  predator,
sexually  violent  offender,  or  predicate  sex  offender as defined in
subdivision seven of section one hundred sixty-eight-a of this  article.
This recommendation shall be confidential and shall not be available for
public  inspection.  It  shall  be  submitted by the board to the county
court or supreme court and to the district attorney  in  the  county  of
residence  of  the sex offender and to the sex offender. It shall be the
duty of the county court or supreme court in the county of residence  of
the  sex  offender,  applying  the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article, to  determine
the  level  of  notification  pursuant to subdivision six of section one
hundred sixty-eight-l of this article  and  whether  such  sex  offender
shall  be  designated  a  sexual predator, sexually violent offender, or
predicate sex offender as defined in subdivision seven  of  section  one
hundred sixty-eight-a of this article. At least thirty days prior to the
determination  proceeding, such court shall notify the district attorney
and the sex offender, in writing,  of  the  date  of  the  determination
proceeding  and  the  court shall also provide the district attorney and
sex offender with a copy of the recommendation received from  the  board
and  any  statement  of the reasons for the recommendation received from
the board. [This] THE notice TO  THE  SEX  OFFENDER  shall  include  the
following  statement  [or  a  substantially  similar  statement]:  "This
proceeding is being held to determine whether you will be classified  as
a  level 3 offender (risk of repeat offense is high), a level 2 offender
(risk of repeat offense is moderate), or a level  1  offender  (risk  of
repeat  offense  is  low), or whether you will be designated as a sexual
predator, a sexually violent offender or a predicate sex offender, which
will determine how long you must register as a sex offender and how much
information can be provided to the public concerning your  registration.
YOU  HAVE  A  RIGHT  TO  A HEARING BEFORE THE COURT MAKES THESE DETERMI-
NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT  HEARING.
COUNSEL  WILL  BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-

A. 4987                             4

SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. If
you fail to appear at this proceeding, [without sufficient  excuse,]  it
shall  be held in your absence. Failure to appear may result in a longer
period  of  registration  or  a  higher  level of community notification
because you are not  present  to  offer  evidence  or  contest  evidence
offered by the district attorney."  [The court shall also advise the sex
offender  that  he  or she has a right to a hearing prior to the court's
determination, that he or she has the right to be represented by counsel
at the hearing and that counsel will be appointed if he or she is finan-
cially unable to retain counsel.] A returnable form shall be enclosed in
the court's notice to the sex offender on which  the  sex  offender  may
apply  for  assignment  of  counsel.    If  the sex offender applies for
assignment of counsel and the court finds that the  offender  is  finan-
cially  unable  to  retain  counsel,  the  court shall assign counsel to
represent the sex offender pursuant to article eighteen-B of the  county
law.  If  the  district attorney seeks a determination that differs from
the recommendation submitted by the board, at least ten  days  prior  to
the  determination proceeding the district attorney shall provide to the
court and the sex offender a statement setting forth the  determinations
sought  by  the  district attorney together with the reasons for seeking
such determinations. The court shall allow the sex  offender  to  appear
and be heard. The state shall appear by the district attorney, or his or
her  designee, who shall bear the burden of proving the facts supporting
the determinations sought by clear and convincing evidence. It shall  be
the duty of the court applying the guidelines established in subdivision
five  of  section one hundred sixty-eight-l of this article to determine
the level of notification pursuant to subdivision  six  of  section  one
hundred  sixty-eight-l  of  this  article  and whether such sex offender
shall be designated a sexual predator,  sexually  violent  offender,  or
predicate  sex  offender  as defined in subdivision seven of section one
hundred sixty-eight-a of this article. Where there is a dispute  between
the  parties  concerning the determinations, the court shall adjourn the
hearing as necessary to permit the sex offender or the district attorney
to obtain materials relevant to the determinations from the state  board
of  examiners of sex offenders or any state or local facility, hospital,
institution, office, agency, department or division. Such materials  may
be  obtained  by  subpoena if not voluntarily provided to the requesting
party. In making the determinations the court shall review any  victim's
statement  and  any relevant materials and evidence submitted by the sex
offender and the district attorney and the recommendation and any  mate-
rial  submitted by the board, and may consider reliable hearsay evidence
submitted by either party, provided that it is relevant to the  determi-
nations.  If available, facts proven at trial or elicited at the time of
a plea of guilty shall be deemed established  by  clear  and  convincing
evidence  and  shall not be relitigated. The court shall render an order
setting forth its determinations and the findings of  fact  and  conclu-
sions  of law on which the determinations are based. A copy of the order
shall be submitted by the court to the  division.  Upon  application  of
either  party,  the  court  shall  seal any portion of the court file or
record which contains material that is confidential under any  state  or
federal  statute.  Either  party  may  appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may

A. 4987                             5

appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  4.  If  a  sex offender, having been given notice OF THE DETERMINATION
PROCEEDING, including the time and place [of the determination  proceed-
ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
shall  conduct the hearing and make the determinations in the manner set
forth in subdivision two of this section.
  S 5. Subdivisions 3 and 6 of section  168-n  of  the  correction  law,
subdivision  3  as  amended and subdivision 6 as added by chapter 684 of
the laws of 2005, are amended to read as follows:
  3. No later than thirty days prior to the board's recommendation,  the
sex  offender shall be notified that his or her case is under review and
that he or she is permitted to submit to the board any information rele-
vant to the review. Upon receipt  of  the  board's  recommendation,  the
sentencing court shall determine whether the sex offender was previously
found  to be eligible for assigned counsel in the underlying case. Where
such a finding was previously made, the court shall  assign  counsel  to
represent  the  offender,  pursuant  to article eighteen-B of the county
law. At least twenty days prior to  the  determination  proceeding,  the
sentencing  court  shall  notify the district attorney, the sex offender
and the sex offender's counsel, in writing, of the date of the  determi-
nation  proceeding and shall also provide the district attorney, the sex
offender and the sex offender's counsel with a copy of  the  recommenda-
tion  received  from  the board and any statement of the reasons for the
recommendation received from the board. [This] THE  notice  TO  THE  SEX
OFFENDER shall include the following statement [or a substantially simi-
lar statement]:  "This proceeding is being held to determine whether you
will  be  classified  as  a  level 3 offender (risk of repeat offense is
high), a level 2 offender (risk of repeat offense  is  moderate),  or  a
level 1 offender (risk of repeat offense is low), or whether you will be
designated as a sexual predator, a sexually violent offender or a predi-
cate  sex offender, which will determine how long you must register as a
sex offender and how much information can  be  provided  to  the  public
concerning  your  registration. YOU HAVE A RIGHT TO A HEARING BEFORE THE
COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED  BY
COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
UNABLE  TO  RETAIN  COUNSEL.  FAILURE  TO  APPEAR  AT  THE  HEARING IS A
VIOLATION OF THIS ARTICLE. If you fail to  appear  at  this  proceeding,
[without  sufficient  excuse,] it shall be held in your absence. Failure
to appear may result in a longer period  of  registration  or  a  higher
level  of  community  notification  because you are not present to offer
evidence or contest evidence offered by  the  district  attorney."  [The
written  notice  to the sex offender shall also advise the offender that
he or she has a right to a hearing prior to the  court's  determination,
and  that  he  or  she has the right to be represented by counsel at the
hearing.] If counsel has been assigned to represent the offender at  the
determination  proceeding,  the  notice  shall  also  provide  the name,
address and telephone number of the assigned counsel. Where counsel  has
not  been assigned, [the notice shall advise the sex offender that coun-
sel will be appointed if he or she is financially unable to retain coun-
sel, and] a returnable form shall be enclosed in the court's  notice  to
the  sex  offender on which the sex offender may apply for assignment of
counsel.  If the sex offender applies for assignment of counsel and  the
court  finds  that the offender is financially unable to retain counsel,
the court shall assign counsel to represent the sex offender pursuant to

A. 4987                             6

article eighteen-B of the county law. If the district attorney  seeks  a
determination  that  differs  from  the  recommendation submitted by the
board, at least ten days  prior  to  the  determination  proceeding  the
district  attorney  shall  provide  to  the court and the sex offender a
statement setting forth the determinations sought by the district attor-
ney together with the reasons for seeking such determinations. The court
shall allow the sex offender to appear and be  heard.  The  state  shall
appear  by the district attorney, or his or her designee, who shall bear
the burden of proving the facts supporting the determinations sought  by
clear  and  convincing  evidence.  Where  there is a dispute between the
parties concerning the determinations, the court shall adjourn the hear-
ing as necessary to permit the sex offender or the district attorney  to
obtain  materials relevant to the determinations from the state board of
examiners of sex offenders or any state  or  local  facility,  hospital,
institution, office, agency, department or division.  Such materials may
be  obtained  by  subpoena if not voluntarily provided to the requesting
party. In making the determinations the court shall review any  victim's
statement  and  any relevant materials and evidence submitted by the sex
offender and the district attorney and the recommendation and any  mate-
rials submitted by the board, and may consider reliable hearsay evidence
submitted  by either party, provided that it is relevant to the determi-
nations. Facts previously proven at trial or elicited  at  the  time  of
entry  of  a  plea  of  guilty  shall be deemed established by clear and
convincing evidence and shall not be relitigated. The court shall render
an order setting forth its determinations and the findings of  fact  and
conclusions  of law on which the determinations are based. A copy of the
order shall be submitted by the court to the division. Upon  application
of  either  party, the court shall seal any portion of the court file or
record which contains material that is confidential under any  state  or
federal  statute.  Either  party  may  appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  6. If a sex offender, having been given notice  OF  THE  DETERMINATION
PROCEEDING,  including the time and place [of the determination proceed-
ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
shall conduct the hearing and make the determinations in the manner  set
forth in subdivision three of this section.
  S 6. 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]  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION
PROCEEDING, ANNUALLY VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN
INSTITUTION  OF  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF
STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
RESIDENCE IN STATE, OR COMPLY WITH  THE  PROHIBITION  OF  EMPLOYMENT  ON
MOTOR  VEHICLES  ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY.  1.
Any sex offender 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]  IS  guilty  of  [a  class  E  felony  upon conviction for the first
offense, and upon conviction for a second or subsequent offense shall be

A. 4987                             7

guilty of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION  PROCEEDING,
ANNUALLY  VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION
OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT  AN
INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:
  (A) FAILS TO REGISTER WITH THE DIVISION ON  A  FORM  PREPARED  BY  THE
DIVISION  (I)  AT  LEAST  TEN  CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
CORRECTIONAL  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE OR SHE WAS
CONFINED OR COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED  FOR  ANY
SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE,  OR (III) UPON THE
DIVISION'S REQUEST FOLLOWING A  DETERMINATION  BY  THE  BOARD  THAT  THE
OFFENDER  IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF SECTION
ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
  (B) FAILS TO APPEAR AT THE  DETERMINATION  PROCEEDING,  SET  FORTH  IN
SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS ARTICLE,
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE  OR
SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS ARTICLE,
HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX  OFFEN-
DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
PREDICATE SEX OFFENDER; OR
  (C)  FAILS  TO SIGN AND RETURN TO THE DIVISION THE ANNUAL VERIFICATION
FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
DAYS AFTER RECEIPT OF THE FORM; OR
  (D) FAILS TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE  LOCAL  LAW
ENFORCEMENT  AGENCY EVERY NINETY CALENDAR DAYS AFTER THE DATE OF RELEASE
OR COMMENCEMENT OF PAROLE OR POST-RELEASE SUPERVISION, OR PROBATION,  OR
RELEASE  ON  PAYMENT  OF  A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL
DISCHARGE AFTER HAVING BEEN GIVEN A LEVEL THREE  DESIGNATION  OR  HAVING
BEEN DESIGNATED A SEXUAL PREDATOR; OR
  (E)  FAILS  TO  PROVIDE  THE DIVISION WITH THE NAME AND ADDRESS OF ANY
INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS  TO  BE  EMPLOYED  BY,
ENROLLED  IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR NOT,
AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR  OPERATED
BY SUCH AN INSTITUTION; OR
  (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
ANY CHANGE OF ADDRESS; OR
  (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
  (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
LISHING  RESIDENCE  IN  THIS STATE IN THE CASE OF A SEX OFFENDER WHO HAS
BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
(D) OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THIS
ARTICLE  OR  PARAGRAPH  (B)  OF SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THIS ARTICLE; OR
  (I) VIOLATES THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-EIGHT-V  OF
THIS ARTICLE.
  2.  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING, ANNU-
ALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN  INSTITUTION  OF
HIGHER  EDUCATION,  NOTIFY  OF  ADDRESS CHANGE OR CHANGE OF STATUS AT AN
INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT  ON  MOTOR  VEHICLES
ENGAGED  IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony. [Any

A. 4987                             8

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 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 arti-
cle four hundred ten of the criminal procedure law.
  S 7. This act shall take effect immediately.