A02430 Summary:

BILL NOA02430
 
SAME ASSAME AS S03907
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Amd §168-t, Cor L
 
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; failure to wear such device shall be a class D felony and grounds for revocation of parole and probation.
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A02430 Actions:

BILL NOA02430
 
01/20/2017referred to correction
01/03/2018referred to correction
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A02430 Committee Votes:

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A02430 Floor Votes:

There are no votes for this bill in this legislative session.
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A02430 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2430
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1. Section 168-t of the correction law, as amended by chapter
     2  373 of the laws of 2007, is amended to read as follows:
     3    § 168-t. Penalty. 1. Any sex offender required to register or to veri-
     4  fy pursuant to the provisions of this article who fails to  register  or
     5  verify  in  the  manner and within the time periods provided for in this
     6  article shall be guilty of a class E  felony  upon  conviction  for  the
     7  first  offense,  and  upon conviction for a second or subsequent offense
     8  shall be guilty of a class D felony. Any sex offender who  violates  the
     9  provisions of section one hundred sixty-eight-v of this article shall be
    10  guilty  of  a class A misdemeanor upon conviction for the first offense,
    11  and upon conviction for a second or subsequent offense shall  be  guilty
    12  of  a class D felony. Any such failure to register or verify may also be
    13  the basis for revocation of  parole  pursuant  to  section  two  hundred
    14  fifty-nine-i  of  the  executive  law  or  the  basis  for revocation of
    15  probation pursuant to article four hundred ten of the criminal procedure
    16  law.
    17    2. (a) Notwithstanding any other provision of law to the contrary,  in
    18  addition to any other penalty provided in this section, any sex offender
    19  found  guilty  of  a  violation of this section on two or more occasions
    20  shall, if sentenced to probation, be required to wear at all  times  for
    21  the  duration of the period of probation a location-transmitting device,
    22  and, if sentenced to a period of imprisonment, be required  to  wear  at
    23  all  times for the duration of any period of parole, conditional release
    24  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
 
     1    (b) The location-transmitting device shall  be  attached  to  the  sex
     2  offender  by  the  agency  supervising  the sex offender and such agency
     3  shall regularly and frequently monitor the  information  transmitted  by
     4  the location-transmitting device.
     5    (c)  Any  sex offender who is required to be monitored pursuant to the
     6  provisions of this subdivision who violates such requirement shall  upon
     7  conviction  be  guilty  of a class D felony.  Such violation may also be
     8  the basis for revocation of  parole  pursuant  to  section  two  hundred
     9  fifty-nine-i  of  the  executive  law or the basis for the revocation of
    10  probation pursuant to article four hundred ten of the criminal procedure
    11  law.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law, provided  that  any  rules  and  regulations
    14  necessary  to implement the provisions of subdivision 2 of section 168-t
    15  of the correction law, as added by section  one  of  this  act,  on  its
    16  effective  date are authorized and directed to be completed on or before
    17  such date.
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