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Sponsors
2 Co-sponsors
History
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 58–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.202
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes the failure of a sex offender to appear at his or her registration determination hearing a class D felony
In Assembly Committee · Correction · Sponsor Aravella Simotas
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1391
Title of bill
An act to amend the correction law, in relation to notice to sex offenders of their determination hearing and the penalty for violations by sex offenders
Purpose
To increase the penalty to a class E felony for a first offense of failure to register or report a change of address by a level 3 sex offender
Summary of provisions
Amends Section 168-d subdivisions 2 and 4 of the Correction Law for technical amendments. Adds subdivision 1-a to
Section 168-f of the Correction Law. Amends Section 168-f subdivision 2-(c) and Section 168-k subdivisions 2 and 4. Amends Section 168-t of the Correction Law to increase the penalty for a failure to register from a Class A Misdemeanor to a Class D felony.
Justification
This legislation would make it a felony for certain sex offenders who fail to register or report a change of address. This is in response to an incident in Cheektowaga where a 13-year-old girl was raped by a level 3 sex offender living in her neighborhood. Residents didn't know that a level 3 sex offender was living in that area because he had failed to report a change of address as required by law.
Currently, sex offenders who fail to register or report address changes face only a misdemeanor for a first offense. The penalty does not reach a felony level until a second or subsequent offense. In this proposed legislation, a level 3 sex offenders would be punished with a felony for a first offense and would face a higher level felony charge for subsequent offenses.
Level 3 sex offenders are the most dangerous and the most likely to become a repeat offender. It is vitally important that the public have accurate address information on these dangerous felons.
Legislative history
2011-12: S.1542/A.4869 - Passed Senate/Assembly Corrections 2009-10: S.1337/A.3509 - Referred to Crime Victims, Crime & Correction 2007-08: S.2458-A/A.4995 - Passed Senate, Non Controversial/Assembly Corrections 2006: S.8047-A/A.11518 - Passed Senate, Non Controversial/Assembly Corrections
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.