Establishes a class D felony for sex offenders who fail to register or verify and is found at locations where children often frequent

1 Co-sponsor

• George D. Maziarz

Title of bill

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

Purpose

To require that every sex offender required to register or verify his address who does not register or verity and appears at a location children are likely to frequent shall be guilty of a class D felony.

Summary of provisions

Section 1 -- Amends section 168-t of the Corrections Law. Adds a new paragraph 2 that requires every sex offender required to register or verify his address who does not register or verity and appears at a location children are likely to frequent shall be guilty of a class D felony.

Section 2 -- Effective date.

Justification

Recently, a sex offender living in Auburn, New York, who failed to register every 90 days and failed to annually verify his address, was arrested while using the web site MySpace.Com, which is popular with teens at a public library. The sex offender could only be charged with two misdemeanors (failure to register every 90 days and failure to verify his address annually). The man's presence in the library, a location frequented by children, was not illegal.

Thankfully, no children were harmed in this incident, but having a sex offender who was in violation of Corrections Law 168-t at a location like a public library is something that cannot be tolerated. This bill ensures that sex offenders who violate section 168-t of the Corrections Law and appear at locations children are likely to frequent will receive a just punishment.

Legislative history

S.912-A/A.9115-A of 2007-2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.