Makes the failure of a sex offender to appear at his or her registration determination hearing a class D felony

1 Co-sponsor

• Todd Kaminsky

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

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), Section 168-k subdivisions 2 and 4 and section 168-n subdivisions 3 and 6. Amends Section 168-t of the Correction Law to increase the penalty for a failure to register from a Class E felony to a Class D felony.

Purpose

To increase the penalty to a Class D felony for a first offense of failure to register or report a change of address by a level 3 sex offender

Justification

This legislation would make it a Class D felony for 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 class E felony for a first offense and Class D penalty for second or subsequent offence. In this proposed legislation, a level 3 sex offenders would be punished with a class D 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

S.1391 of 2013-14 Passed the Senate; S.1542 of 2011-12 Passed the Senate;

Effective date

Immediately.