Establishes a class D felony for sex offenders who fail to register or verify and is found at locations where children often frequent, including parks, schools, day care centers, libraries or amusement parks.
STATE OF NEW YORK
________________________________________________________________________
2509
2009-2010 Regular Sessions
IN SENATE
February 23, 2009
___________
Introduced by Sens. DeFRANCISCO, MAZIARZ -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
AN ACT to amend the correction law, in relation to establishing a class
D felony for sex offenders who fail to register or verify and are
found at locations where children often frequent
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.
13 2. Any sex offender required to register or to verify pursuant to the
14 provisions of this article who fails to register or verify in the manner
15 and within the time periods provided for herein and who loiters at
16 parks, playgrounds, schools, child day care centers, libraries, amuse-
17 ment parks or any other location that children are likely to frequent at
18 a time when children are actually present, shall be guilty of a class D
19 felony.
20 3. Any such failure to register or verify may also be the basis for
21 revocation of parole pursuant to section two hundred fifty-nine-i of the
22 executive law or the basis for revocation of probation pursuant to arti-
23 cle four hundred ten of the criminal procedure law.
24 § 2. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02458-01-9
