NY State Senate Bill 2023-S3278

Senate Bill S3278

2023-2024 Legislative Session

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

download bill text pdf

Current 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 03, 2024	referred to crime victims, crime and correction
Jan 30, 2023	referred to crime victims, crime and correction

2023-S3278 (ACTIVE) - Details

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:: 2011-2012: S6073
2013-2014: S3919
2015-2016: S4465
2017-2018: S3907
2019-2020: S4736
2021-2022: S4198

2023-S3278 (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; establishes failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.

2023-S3278 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3278

SPONSOR: GRIFFO
 
TITLE OF BILL:

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-tran-
smitting 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 infor-
mation 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 offen-
ders 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 pred-
ators. 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, 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 1968. The war against sex
offenders needs to be stepped up and GPS technology and the strict moni-
toring of the most dangerous and uncooperative offenders is a big step
in the right direction.

 
LEGISLATIVE HISTORY:

2021-22 - S. 4198 - Crime Victims Crime and Correction Committee.

2019-20 - S. 4736/A. 3212 - Crime Victims Crime and Correction Commit-
tee.

2017-18 - S. 3907/A. 2430 - Crime Victims Crime and Correction Commit-
tee.

2015-16 -S.4465/A. 5888-Crime Victims Crime and Correction Committee.
2013-14 - S. 3919/A. 2021 - Crime Victims Crime and Correction Commit-
tee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days.

2023-S3278 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3278
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 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:
   § 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.
                                                            LBD04478-01-3
 S. 3278                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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