Amd SS168-f & 168-t, renum SS168-w to be SS168-x, add S168-w, Cor L
Relates to the penalty for failure to register by a sex offender; makes submission of fraudulent information respecting identity or residency by a sex offender a class E felony.
STATE OF NEW YORK
________________________________________________________________________
6553
2009-2010 Regular Sessions
IN ASSEMBLY
March 6, 2009
___________
Introduced by M. of A. SCOZZAFAVA, McDONOUGH, O'MARA, SPANO -- Multi-
Sponsored by -- M. of A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING,
BUTLER, CALHOUN, CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO,
HAYES, KOLB, MILLER, OAKS, QUINN, RABBITT, RAIA, REILICH, SALADINO,
SAYWARD, TEDISCO, THIELE, TOBACCO, TOWNSEND -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to the penalty for fail-
ure to register by a sex offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 168-f of the
2 correction law, as amended by chapter 453 of the laws of 1999, is
3 amended to read as follows:
4 (c) If the sex offender fails to mail the signed verification form to
5 the division within ten calendar days after receipt of the form, he or
6 she shall be in violation of this section [unless he proves that he or
7 she has not changed his or her residence address] and subject to the
8 penalties set forth in section one hundred sixty-eight-t of this
9 article.
10 § 2. Section 168-t of the correction law, as amended by chapter 373 of
11 the laws of 2007, is amended to read as follows:
12 § 168-t. Penalty. 1. Any level one or level two sex offender required
13 to register or to verify pursuant to the provisions of this article who
14 fails to register or verify in the manner and within the time periods
15 provided for in this article shall be guilty of a class E felony upon
16 conviction for the first offense, and upon conviction for a second or
17 subsequent offense shall be guilty of a class D felony. Any sex offender
18 who violates the provisions of section one hundred sixty-eight-v of this
19 article shall have the amount of time the offender evaded registration
20 or verification added to the duration such sex offender is mandated to
21 register pursuant to section one hundred sixty-eight-h of this article,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08553-01-9
A. 6553 2
1 shall be guilty of a class [A misdemeanor] E felony upon conviction for
2 the first offense, and upon conviction for a second or subsequent
3 offense shall be guilty of a class D felony. Any such failure to regis-
4 ter or verify may also be the basis for revocation of parole pursuant to
5 section two hundred fifty-nine-i of the executive law or the basis for
6 revocation of probation pursuant to article four hundred ten of the
7 criminal procedure law.
8 2. Any level three sex offender required to register or to verify
9 pursuant to the provisions of this article who fails to register or
10 verify in the manner and within the time periods provided for in this
11 article shall have the amount of time the offender evaded registration
12 or verification added to the duration such sex offender is mandated to
13 register pursuant to section one hundred sixty-eight-h of this article,
14 shall be guilty of a class D felony upon conviction for the first
15 offense, and upon conviction for a second or subsequent offense shall be
16 guilty of a class C felony. Any such failure to register or verify may
17 also be the basis for revocation of parole pursuant to section two
18 hundred fifty-nine-i of the executive law or the basis for revocation of
19 probation pursuant to article four hundred ten of the criminal procedure
20 law.
21 § 3. Section 168-w of the correction law, as relettered by chapter 604
22 of the laws of 2005, is relettered section 168-x and a new section 168-w
23 is added to read as follows:
24 § 168-w. Submission of fraudulent information respecting identity or
25 residence for the purpose of registration or verification; penalty. Any
26 sex offender required to register or to verify pursuant to the
27 provisions of this article who, with fraudulent intent, submits false
28 information respecting his or her identity or residence or both, for the
29 purpose of, or in the course of, satisfying his or her duty to register
30 or to verify pursuant to the provisions of this article, shall be guilty
31 of a class E felony.
32 § 4. This act shall take effect on the first of November next succeed-
33 ing the date on which it shall have become a law.
