S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2430
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on 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:
   § 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
 ALL  TIMES FOR THE DURATION OF ANY PERIOD OF PAROLE, CONDITIONAL RELEASE
 OR POST-RELEASE SUPERVISION A LOCATION-TRANSMITTING DEVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05638-01-7

 A. 2430                             2
 
   (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.
   § 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.