NY State Senate Bill 2015-S5681

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2015	referred to crime victims, crime and correction

2015-S5681 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-f, 168-g & 168-h, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1485
2011-2012: S1829
2013-2014: S1428
2017-2018: S2173
2019-2020: S1314
2021-2022: S3756
2023-2024: S6068
2025-2026: S1395

2015-S5681 (ACTIVE) - Summary

Requires sex offenders to verify their residence and registration on a biannual basis; provides that the division shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.

2015-S5681 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5681

TITLE OF BILL:

An act to amend the correction law, in relation to requiring sex
offenders to verify their registration with the sex offender registry
on a biannual basis

PURPOSE:

To increase the number of times a sex offender has to verify their
registration with the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS:

Section One - Subdivision 4 of Section 168-b of the Correction Law, as
added by Chapter 192 of the Laws of 1995, is amended to provide that
DCJS shall on random dates in each six month period of the year mail a
non-forwardable verification form to sex offenders.

Section Two - The opening paragraph of subdivision 2 of section 168-f
of the Correction Law, as added by Chapter 192 of the Laws of 1995, is
amended to change from an annual verification date to a random
biannual verification procedure.

Section Three - Subdivision 2 of section 168-g of the Correction Law,

as amended by section 18 of subpart B of part C of Chapter 62 of the
laws of 2011, is amended to provide that sex offenders must comply
with the random biannual address verification.

Section Four - Subdivisions 1 and 2 of section 168-h of the Correction
Law, as amended by Chapter 1 of the Laws of 2006, are amended to
change annually to biannually.

Section Five - 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. Therefore, it is
vitally important to verify the registered location of sex offenders
to make sure that they have not moved and are still following their
registration requirements. Under current law, level three offenders
must verify their registration every 90 days. However, level 1 and 2
offenders are only checked on once a year with a verification form on
their anniversary of registration. Recent attacks on children across
the country have shown that sex offenders will often abscond from
their registered address to areas where law enforcement and residents
are unaware of their existence. Therefore, it is important to verify
that a sex offender is indeed living where they are registered at


least once in each six month period of time.  It also makes great
sense to have this card sent randomly rather than on a specific
anniversary date when an offender knows that it is coming.

LEGISLATIVE HISTORY:

2013-2014: S1428 Referred to Crime victims, Crime and Corrections/
Assembly Corrections
2011-2012: S.1829A - Reported to Finance
2009-2010: S.1485 - Referred to Codes
2007-2008: S.434 - Passed Senate, Non-Controversial/Assembly
Corrections
2005-2006. S.S404A - Passed Senate/Assembly Corrections

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that any rules,
regulations and forms necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed
on or before such date.

2015-S5681 (ACTIVE) - Bill Text download pdf

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

                                  5681

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 27, 2015
                               ___________

Introduced  by  Sen.  SKELOS -- 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 to verify their registration with the sex offender registry on  a
  biannual basis

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

  Section 1. Subdivision 4 of section 168-b of the  correction  law,  as
added by chapter 192 of the laws of 1995, is amended to read as follows:
  4.  The  division  shall, UPON A DIFFERENT RANDOM DATE DURING EACH SIX
MONTH PERIOD OF THE CALENDAR YEAR, mail  a  nonforwardable  verification
form  to  the  last reported address of the person for [annual] BIANNUAL
verification requirements.
  S 2. The opening paragraph of subdivision 2 of section  168-f  of  the
correction  law, as added by chapter 192 of the laws of 1995, is amended
to read as follows:
  For a sex offender required to register under this  article  [on  each
anniversary  of  the  sex  offender's  initial  registration  date] UPON
RECEIPT OF EACH RANDOMLY MAILED BIANNUAL VERIFICATION  FORM  during  the
period  in  which  he  is  required  to  register under this section the
following applies:
  S 3. Subdivision 2 of section 168-g of the correction law, as  amended
by  section 18 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. Every sex offender who on the effective date  of  this  article  is
then  on  community supervision or probation for an offense provided for
in subdivision two or three of section one hundred sixty-eight-a of this
article shall within ten calendar days of  such  determination  register
with  his  parole  or probation officer. [On each anniversary of] ON AND
AFTER the sex offender's initial  registration  date  [thereafter],  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10338-01-5

S. 5681                             2

provisions of section one hundred sixty-eight-f of this article shall BE
DEEMED  TO apply TO SUCH OFFENDER. Any sex offender who fails or refuses
to so comply shall  be  subject  to  the  same  penalties  as  otherwise
provided  for in this article which would be imposed upon a sex offender
who fails or refuses to so comply with the provisions of this article on
or after such effective date.
  S 4. Subdivisions 1 and 2 of section 168-h of the correction  law,  as
amended  by  chapter  1  of  the  laws  of  2006, are amended to read as
follows:
  1. The duration of registration and verification for  a  sex  offender
who  has  not  been  designated a sexual predator, or a sexually violent
offender, or a predicate sex offender, and who is classified as a  level
one risk, or who has not yet received a risk level classification, shall
be  [annually]  BIANNUALLY for a period of twenty years from the initial
date of registration.
  2. The duration of registration and verification for  a  sex  offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al  predator,  or a sexually violent offender, or a predicate sex offen-
der, or who is classified as a level two or level three risk,  shall  be
[annually]  BIANNUALLY  for  life.  Notwithstanding the foregoing, a sex
offender who is classified as a level two risk and who is not designated
a sexual predator, a sexually violent offender or a predicate sex offen-
der, may be relieved of the duty to register and verify as  provided  by
subdivision one of section one hundred sixty-eight-o of this article.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  any
rules,  regulations  and  forms necessary to implement the provisions 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 S5681

Sponsored By

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

2015-S5681 (ACTIVE) - Details

2015-S5681 (ACTIVE) - Summary

2015-S5681 (ACTIVE) - Sponsor Memo

2015-S5681 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5681

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Sponsored By

Dean G. Skelos

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

2015-S5681 (ACTIVE) - Details

2015-S5681 (ACTIVE) - Summary

2015-S5681 (ACTIVE) - Sponsor Memo

2015-S5681 (ACTIVE) - Bill Text download pdf

Comments