NY State Senate Bill 2015-S4465

Senate Bill S4465

2015-2016 Legislative Session

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

download bill text pdf

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 06, 2016	referred to crime victims, crime and correction
Mar 23, 2015	referred to crime victims, crime and correction

2015-S4465 (ACTIVE) - Details

See Assembly Version of this Bill:: A5888
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
2013-2014: S3919, A2021
2017-2018: S3907, A2430
2019-2020: S4736, A3212
2021-2022: S4198
2023-2024: S3278

2015-S4465 (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.

2015-S4465 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4465

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 373 of the Laws of 2007, 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
President Bush, 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 submitted in
accordance with Senate Rule VI, Sec. 1 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:

2013-14 - S. 3919/A. 2021 - Crime Victims Crime and Correction
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.

2015-S4465 (ACTIVE) - Bill Text download pdf

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

                                  4465

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 23, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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.
                                                           LBD04608-01-5

S. 4465                             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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