Bill Text: NY S02509 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02509 Detail]

Download: New_York-2009-S02509-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2509
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   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    S 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    S 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