What's happening
This bill requires repeat sex offenders who fail to register to wear a location-tracking device during probation or parole.
Why it matters
Targets repeat offenders. The bill specifically focuses on sex offenders who have failed to register or verify their information on two or more occasions, aiming to address the subset of offenders considered most likely to reoffend or evade monitoring.
Mandatory electronic monitoring. By requiring the use of a location-transmitting device (such as a GPS ankle bracelet) during probation, parole, or post-release supervision, the law significantly increases state oversight and the ability to track offenders’ movements in real time.
Enhanced enforcement and penalties. Violating the electronic monitoring requirement itself becomes a new class D felony, creating an additional legal deterrent and reinforcing the seriousness of compliance during community supervision.
Greater responsibility for supervising agencies. The law places new obligations on probation and parole agencies to attach, supervise, and regularly monitor the tracking devices, which could impact agency workloads, technology needs, and privacy considerations for those under supervision.
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Who cares
Headline styles
Track Repeat Sex Offender Violators
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- 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.
Track Repeat Sex Offender Violators
In Assembly Committee · Correction · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4736
2019-2020 Regular Sessions
IN SENATE
March 22, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to requiring sex offenders who repeatedly fail to register and verify to wear a locationtransmitting device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. 1. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-v of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
2. (a) Notwithstanding any other provision of law to the contrary, in addition to any other penalty provided in this section, any sex offender found guilty of a violation of this section on two or more occasions shall, if sentenced to probation, be required to wear at all times for the duration of the period of probation a location-transmitting device, and, if sentenced to a period of imprisonment, be required to wear at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06699-01-9
S. 4736 2
all times for the duration of any period of parole, conditional release or post-release supervision a location-transmitting device.
(b) The location-transmitting device shall be attached to the sex offender by the agency supervising the sex offender and such agency shall regularly and frequently monitor the information transmitted by the location-transmitting device.
(c) Any sex offender who is required to be monitored pursuant to the provisions of this subdivision who violates such requirement shall upon conviction be guilty of a class D felony. Such violation may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for the revocation of probation pursuant to article four hundred ten of the criminal procedure law.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to requiring sex offenders who repeatedly fail to register and verify to wear a location-transmitting device
Purpose
This bill will require sex offenders who fail to register in a timely manner or verify their registration requirements under New York State's Sex Offender Registration Act to wear location-transmitting devices.
Summary of provisions
Section One - Section 168-t of the Correction Law, as amended by Chapter 373 of the Laws of 2007, is amended to make an addition to the penalties provided when a sex offender fails to register or verify his/her infor- mation required pursuant to this article two or more times to be required to wear a location-transmitting device at all times.
Section Two - Sets forth the effective date.
Justification
Terrifying examples of the need for stricter laws regulating sex offen- ders permeate the news across the country evening after evening. The killing of children like Jessica Lunsford in Florida is a sad commentary indeed that sex offender registration and community notification are not enough to keep our children and communities safe from such vicious pred- ators. Law enforcement officers need better tools to be able to keep track of the most dangerous offenders, especially those who choose to ignore their registration requirements under New York State's version of Megan's Law. This legislation is based on a federal initiative, H.R. 1505, The Jessica Lunsford Act, which among its provisions would require all states to implement a policy where any sex offender who fails to register, verify or update information regarding their sex offender registration requirements two or more times be mandated to wear a GPS monitoring system such as an ankle bracelet. Should such legislation be signed into law, all states will risk the loss of 10 percent of funds that would otherwise be allocated to the state under Section 506 of the Omnibus Crime Control and Safe Streets Act of 1968. The war against sex offenders needs to be stepped up and GPS technology and the strict moni- toring of the most dangerous and uncooperative offenders is a big step in the right direction.
Legislative history
2015-16 - S. 4465/A. 5888 - Crime Victims Crime and Correction Commit- tee. 2013-14 - S. 3919/A. 2021 - Crime Victims Crime and Correction Commit- tee.
Fiscal implications
To be determined.
Effective date
180 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.