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

                                          628

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by  M.  of  A.  PAULIN,  JOHN, EDDINGTON, TITONE, ZEBROWSKI,
         GALEF, GABRYSZAK, JAFFEE, KOON, LANCMAN, MAISEL, P. RIVERA  --  Multi-
         Sponsored by -- M. of A. ALFANO, BOYLAND, BRADLEY, CHRISTENSEN, DESTI-
         TO, GREENE, GUNTHER, HYER-SPENCER, LENTOL, PHEFFER, SEMINERIO, SWEENEY
         -- read once and referred to the Committee on Codes

       AN  ACT  to  amend  the penal law and the correction law, in relation to
         establishing penalties for failure to provide a DNA sample and failure
         to register or verify as a sex offender

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

    1    Section  1. The penal law is amended by adding two new sections 195.01
    2  and 195.02 to read as follows:
    3  S 195.01 FAILURE TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
    4    A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE  IN  THE  SECOND
    5  DEGREE  WHEN,  BEING  A  DESIGNATED  OFFENDER WHO HAS BEEN CONVICTED AND
    6  SENTENCED FOR A CRIME SPECIFIED IN SUBDIVISION  SEVEN  OF  SECTION  NINE
    7  HUNDRED  NINETY-FIVE  OF  THE EXECUTIVE LAW AND HAVING BEEN GIVEN NOTICE
    8  THAT HE OR SHE IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TEST-
    9  ING PURSUANT TO SUBDIVISION THREE OF SECTION NINE HUNDRED  NINETY-FIVE-C
   10  OF THE EXECUTIVE LAW, SUCH PERSON REFUSES, RESISTS OR OTHERWISE FAILS TO
   11  PROVIDE SUCH SAMPLE.
   12    FAILURE  TO  PROVIDE  A  DNA  SAMPLE IN THE SECOND DEGREE IS A CLASS A
   13  MISDEMEANOR.
   14  S 195.02 FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE.
   15    A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA  SAMPLE  IN  THE  FIRST
   16  DEGREE  WHEN  HE  OR  SHE  COMMITS THE CRIME OF FAILURE TO PROVIDE A DNA
   17  SAMPLE IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE
   18  TO PROVIDE A DNA SAMPLE IN THE SECOND DEGREE.
   19    FAILURE TO PROVIDE A DNA SAMPLE IN THE FIRST DEGREE IS A CLASS E FELO-
   20  NY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03865-01-9

       A. 628                              2

    1    S 2. The penal law is amended by adding two new  sections  195.03  and
    2  195.04 to read as follows:
    3  S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND
    4             DEGREE.
    5    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX  OFFENDER
    6  IN  THE SECOND DEGREE WHEN, BEING A SEX OFFENDER REQUIRED TO REGISTER OR
    7  VERIFY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE  FAILS
    8  TO REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
    9  FOR IN SUCH ARTICLE.
   10    FAILURE  TO  REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE
   11  IS A CLASS E FELONY.
   12  S 195.04 FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER  IN  THE  FIRST
   13             DEGREE.
   14    A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
   15  IN THE FIRST DEGREE WHEN HE OR SHE  COMMITS  THE  CRIME  OF  FAILURE  TO
   16  REGISTER OR VERIFY AS A SEX OFFENDER IN THE SECOND DEGREE AND HAS PREVI-
   17  OUSLY  BEEN CONVICTED OF FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER
   18  IN THE SECOND DEGREE AS DEFINED IN SECTION 195.03  OF  THIS  ARTICLE  OR
   19  CONVICTED  FOR  FAILURE  TO REGISTER OR VERIFY UNDER SECTION ONE HUNDRED
   20  SIXTY-EIGHT-T OF THE CORRECTION LAW AS IT EXISTED IMMEDIATELY  PRIOR  TO
   21  THE EFFECTIVE DATE OF THIS SECTION.
   22    FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER IN THE FIRST DEGREE IS
   23  A CLASS D FELONY.
   24    S 3. Section 168-t of the correction law, as amended by chapter 373 of
   25  the laws of 2007, is amended to read as follows:
   26    S 168-t. [Penalty] VIOLATIONS; ADDITIONAL PENALTIES.
   27    [Any  sex  offender  required to register or to verify pursuant to the
   28  provisions of this article who fails to register or verify in the manner
   29  and within the time periods provided for in this article shall be guilty
   30  of a class E felony upon conviction for  the  first  offense,  and  upon
   31  conviction for a second or subsequent offense shall be guilty of a class
   32  D  felony.]  Any sex offender who violates the provisions of section one
   33  hundred sixty-eight-v of this article shall  be  guilty  of  a  class  A
   34  misdemeanor  upon  conviction for the first offense, and upon conviction
   35  for a second or subsequent offense shall be guilty of a class D  felony.
   36  [Any such] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, ANY fail-
   37  ure to register or verify may also be the basis for revocation of parole
   38  pursuant to section two hundred fifty-nine-i of the executive law or the
   39  basis  for  revocation of probation pursuant to article four hundred ten
   40  of the criminal procedure law.
   41    S 4. This act shall take effect on the first of November next succeed-
   42  ing the date on which it shall have become a law.