S04396 Summary:

BILL NOS04396
 
SAME ASSAME AS A00628
 
SPONSORSCHNEIDERMAN
 
COSPNSR
 
MLTSPNSR
 
Add SS195.01, 195.02, 195.03 & 195.04, Pen L; amd S168-t, Cor L
 
Establishes penalties for failure to provide a DNA sample and failure to register or verify as a sex offender; establishes the crimes of failure to provide a DNA sample in the first and second degree and failure to register or verify as a sex offender in the first and second degree.
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S04396 Actions:

BILL NOS04396
 
04/22/2009REFERRED TO CODES
01/06/2010REFERRED TO CODES
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S04396 Floor Votes:

There are no votes for this bill in this legislative session.
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S04396 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4396
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2009
                                       ___________
 
        Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
          when printed to be committed 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  § 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  § 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.
    21    §  2.  The  penal law is amended by adding two new sections 195.03 and
    22  195.04 to read as follows:

    23  § 195.03 Failure to register or verify as a sex offender in  the  second
    24             degree.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03865-01-9

        S. 4396                             2
 
     1    A  person is guilty of failure to register or verify as a sex offender
     2  in the second degree when, being a sex offender required to register  or
     3  verify  pursuant to article six-C of the correction law, he or she fails
     4  to register or verify in the manner and within the time periods provided
     5  for in such article.
     6    Failure  to  register or verify as a sex offender in the second degree

     7  is a class E felony.
     8  § 195.04 Failure to register or verify as a sex offender  in  the  first
     9             degree.
    10    A  person is guilty of failure to register or verify as a sex offender
    11  in the first degree when he or she  commits  the  crime  of  failure  to
    12  register or verify as a sex offender in the second degree and has previ-
    13  ously  been convicted of failure to register or verify as a sex offender
    14  in the second degree as defined in section 195.03  of  this  article  or
    15  convicted  for  failure  to register or verify under section one hundred
    16  sixty-eight-t of the correction law as it existed immediately  prior  to
    17  the effective date of this section.

    18    Failure to register or verify as a sex offender in the first degree is
    19  a class D felony.
    20    § 3. Section 168-t of the correction law, as amended by chapter 373 of
    21  the laws of 2007, is amended to read as follows:
    22    § 168-t. [Penalty] Violations; additional penalties.
    23    [Any  sex  offender  required to register or to verify pursuant to the
    24  provisions of this article who fails to register or verify in the manner
    25  and within the time periods provided for in this article shall be guilty
    26  of a class E felony upon conviction for  the  first  offense,  and  upon
    27  conviction for a second or subsequent offense shall be guilty of a class
    28  D  felony.]  Any sex offender who violates the provisions of section one

    29  hundred sixty-eight-v of this article shall  be  guilty  of  a  class  A
    30  misdemeanor  upon  conviction for the first offense, and upon conviction
    31  for a second or subsequent offense shall be guilty of a class D  felony.
    32  [Any such] In addition to any other penalties provided by law, any fail-
    33  ure to register or verify may also be the basis for revocation of parole
    34  pursuant to section two hundred fifty-nine-i of the executive law or the
    35  basis  for  revocation of probation pursuant to article four hundred ten
    36  of the criminal procedure law.
    37    § 4. This act shall take effect on the first of November next succeed-
    38  ing the date on which it shall have become a law.
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