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

Summary of provisions

Section 1 amends the penal law by adding two new sections, 195.01 and 195.02. Section 195.01 defines failure to provide a DNA sample in the second degree, and classifies such crime as a class A misdemeanor. Section 195.02 defines failure to provide a DNA sample in the first degree and classifies such crime as a class E felony.

Section 2 amends the penal law by adding two new sections, 195.03 and 195.04. Section 195.03 defines failure to register or verify as a sex offender in the second degree, and classifies such crime as a class E felony. Section 195.04 defines failure to register or verify as a sex offender in the first degree, and classifies such crime as a class D felony.

Section 3 amends section 168-t of the correction law by providing that any sex offender who is in violation of section 168-v of the correction law, the prohibition of employment on motor vehicles engaged in the retail sales of frozen desserts, is guilty of a class A misdemeanor upon conviction for the first offense, and a class D felony for a second or subsequent offense. Section 3 also provides that failure to register may be the basis for revocation of parole or probation in addition to other penalties provided by law.

Section 4 provides the effective date.

Justification

Under correction law article 6-C, the Sex Offender Registration Act (SORA), convicted sex offenders are required to register or verify registration. Currently, a sex offender who fails to do so may be charged with a crime under section 168-t of the correction law. A first offense is a class E felony, and any subsequent offense is a D felony. However, repeat offenders who are convicted for failure to register are not subject to the penal law's sentencing rules for predicate felons (enhanced sentencing) because failure to register is a correction law felony. Adding "failure to register" to the penal law will 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.

Though persons convicted of certain designated crimes are required to provide DNA samples, pursuant to sections 995(7) and 995-c(3) of the executive law, many convicted offenders flout their obligation. There is currently no penalty, specifically, for failure or refusal to provide a DNA sample. Yet, the success of New York's DNA data bank depends upon its being as complete as possible. Offenders are sometimes charged with obstructing governmental administration in the second degree, though this was not the original intent of section 195.05 of the penal law.

Several states, such as California, Michigan, and New Hampshire have addressed the problem with statutes that provide a misdemeanor penalty and/or fines. Creating a misdemeanor crime in New York for failure to provide DNA samples would provide an incentive to comply with the current law.

Prior legislative history

2011-12: S.679 2009-10: S.4396 Referred to Codes 2008: A.11088, Referred to Codes 2008: Same as S.7984-A (Saland), Passed Senate

Fiscal implications

None to the state.

Effective date

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