S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2265
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced by M. of A. NORRIS, DeSTEFANO, J. M. GIGLIO, MORINELLO, MILL-
   ER  --  Multi-Sponsored  by -- M. of A. SAYEGH, WALSH -- 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.
   § 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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00599-01-3
 A. 2265                             2
 
 THE CENTER OF THE NEAREST POINT OF INGRESS OR EGRESS OF THE RESIDENCE TO
 THE NEAREST REAL PROPERTY BOUNDARY LINE OF THE SCHOOL GROUNDS.
   § 3. 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.
   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
 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.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.