Relates to penalties for failure to provide DNA sample and failure to register or verify as a sex offender

4 Co-sponsors

• Tony Avella
• Patrick M. Gallivan
• Martin J. Golden
• Jack M. Martins

BILL NUMBER:S1416

Title of bill

An act to amend the penal law and the correction law, in relation to establishing penalties for failure to provide a DNA sample and failure to register or verify as a sex offender

Purpose

To create criminal penalties in two instances: where a convicted sex offender fails to meet his or her obligation under to Sex Offender Registration Act (SORA); and where a convicted offender refuses or fails to provide a DNA sample as provided by sections 995(7) and 995-c(3) of the Executive Law.

Summary of provisions

Section 1 amends the Penal Law by adding two new sections 195.01 and 195.02 providing that a person who is required under law to provide a DNA sample must do so within 30 days or face misdemeanor charges for the first offense or an E felony for a second and subsequent offense.

Section 2 amends the Penal Law by adding two new sections 195.03 and 195.04 providing that a person who is required under law to register as a sex offender, and who fails to do so, may be charged with a class E felony upon the first offense, and a class D felony upon subsequent offenses.

Section 3 amends section 168-t of the Corrections Law to clarify that the failure of a sex offender to register or verify may be considered for a violation of parole or probation.

Section 4 provides the effective date, which is the first of November next succeeding the date on which it shall have become law.

Existing law

Currently, a convicted sex offender who fails to register or verify his or her information as required under SORA may be charged with a crime under section 168-t of the correction law. A first time offense is a class E felony and any subsequent offense is a class D felony. There is no penalty provided, specifically, for failure or refusal to provide a DNA sample and many convicted offenders flout their obligation.

Justification

The Sex Offender Registration Act (SORA) was an important initiative in the pursuit to keep our communities safe. However, because failure to register is a Correction Law felony and not a Penal Law felony, it does not constitute a predicate felony with regard to enhanced sentencing. Moving the offense of "failure to register" to the Penal Law would improve compliance with the important public safety initiative of SORA by making offenders who repeatedly refuse to comply with their sex offender obligations subject to enhanced sentences.

Under Executive Law sections 995(7) and 995-c(3), certain crimes require the convicted to provide a DNA sample. The success of New York State's DNA data bank depends on it being as complete as possible. Nevertheless, many convicted criminals continue to flout the law and refuse to comply. Offenders are occasionally charged with obstructing governmental administration in the second degree (section 195.05 of the Penal Law), though this was not the original intent of section 195.05. Several states have addressed this problem with statutes that provide a misdemeanor penalty or fines. Creating a misdemeanor offense in New York for failure to provide a DNA sample would provide an incentive to comply with the current law.

Legislative history

2008: S.7984A - Passed Senate

Fiscal implications

None.

Local fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become law.