Requires sex offenders to verify their residence and registration on a biannual basis; provides that the division shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.
STATE OF NEW YORK
________________________________________________________________________
8579
2019-2020 Regular Sessions
IN ASSEMBLY
September 13, 2019
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to requiring sex offen-
ders to verify their registration with the sex offender registry on a
biannual basis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 168-b of the correction law, as
2 added by chapter 192 of the laws of 1995, is amended to read as follows:
3 4. The division shall, upon a different random date during each six
4 month period of the calendar year, mail a nonforwardable verification
5 form to the last reported address of the person for [annual] biannual
6 verification requirements.
7 § 2. The opening paragraph of subdivision 2 of section 168-f of the
8 correction law, as added by chapter 192 of the laws of 1995, is amended
9 to read as follows:
10 For a sex offender required to register under this article [on each
11 anniversary of the sex offender's initial registration date] upon
12 receipt of each randomly mailed biannual verification form during the
13 period in which he is required to register under this section the
14 following applies:
15 § 3. Subdivision 2 of section 168-g of the correction law, as amended
16 by section 18 of subpart B of part C of chapter 62 of the laws of 2011,
17 is amended to read as follows:
18 2. Every sex offender who on the effective date of this article is
19 then on community supervision or probation for an offense provided for
20 in subdivision two or three of section one hundred sixty-eight-a of this
21 article shall within ten calendar days of such determination register
22 with his parole or probation officer. [On each anniversary of] On and
23 after the sex offender's initial registration date [thereafter], the
24 provisions of section one hundred sixty-eight-f of this article shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06744-01-9
A. 8579 2
1 deemed to apply to such offender. Any sex offender who fails or refuses
2 to so comply shall be subject to the same penalties as otherwise
3 provided for in this article which would be imposed upon a sex offender
4 who fails or refuses to so comply with the provisions of this article on
5 or after such effective date.
6 § 4. Subdivisions 1 and 2 of section 168-h of the correction law, as
7 amended by chapter 1 of the laws of 2006, are amended to read as
8 follows:
9 1. The duration of registration and verification for a sex offender
10 who has not been designated a sexual predator, or a sexually violent
11 offender, or a predicate sex offender, and who is classified as a level
12 one risk, or who has not yet received a risk level classification, shall
13 be [annually] biannually for a period of twenty years from the initial
14 date of registration.
15 2. The duration of registration and verification for a sex offender
16 who, on or after March eleventh, two thousand two, is designated a sexu-
17 al predator, or a sexually violent offender, or a predicate sex offen-
18 der, or who is classified as a level two or level three risk, shall be
19 [annually] biannually for life. Notwithstanding the foregoing, a sex
20 offender who is classified as a level two risk and who is not designated
21 a sexual predator, a sexually violent offender or a predicate sex offen-
22 der, may be relieved of the duty to register and verify as provided by
23 subdivision one of section one hundred sixty-eight-o of this article.
24 § 5. This act shall take effect on the first of January next succeed-
25 ing the date on which it shall have become a law, provided that any
26 rules, regulations and forms necessary to implement the provisions of
27 this act on its effective date are authorized and directed to be
28 completed on or before such date.