S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   65

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  YOUNG, HELMING -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  establishing "Brittany's law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
law".
  S  2.  The  penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC
VIOLENCE OFFENDER IN THE SECOND DEGREE WHEN, BEING A  DOMESTIC  VIOLENCE
OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-B OF THE
CORRECTION  LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER
           IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
VIOLENCE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN  THE
SECOND  DEGREE  AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER
OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 195.03 OF THIS ARTICLE.
  FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE
FIRST DEGREE IS A CLASS D FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05964-01-7

 

S. 65                               2

  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                   DOMESTIC VIOLENCE REGISTRATION ACT
SECTION 165.   DEFINITIONS.
        165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION.
        165-C. DUTIES OF THE COURT.
        165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        165-E. DUTY TO REGISTER AND TO VERIFY.
        165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        165-G. DURATION OF REGISTRATION AND VERIFICATION.
        165-H. REGISTRATION AND VERIFICATION REQUIREMENTS.
        165-I. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        165-K. SPECIAL TELEPHONE NUMBER.
        165-L. IMMUNITY FROM LIABILITY.
        165-M. ANNUAL REPORT.
        165-N. FAILURE TO REGISTER; PENALTY.
        165-O. UNAUTHORIZED RELEASE OF INFORMATION.
  S 165. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "DOMESTIC VIOLENCE OFFENDER" INCLUDES ANY PERSON WHO  IS  CONVICTED
OF ANY OF THE DOMESTIC VIOLENCE OFFENSES SET FORTH IN SUBDIVISION TWO OF
THIS  SECTION.  CONVICTIONS  THAT  RESULT FROM OR ARE CONNECTED WITH THE
SAME ACT, OR RESULT FROM OFFENSES COMMITTED AT THE SAME TIME,  SHALL  BE
COUNTED  FOR  THE  PURPOSE  OF  THIS  ARTICLE  AS  ONE  CONVICTION.  ANY
CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF
THIS ARTICLE.
  2. "DOMESTIC VIOLENCE OFFENSE" MEANS  THE  CONVICTION  OF  ANY  FELONY
OFFENSE  DEFINED  IN  THE  PENAL  LAW  WHEN  THE VICTIM OF SUCH CRIME OR
OFFENSE IS A FAMILY OR HOUSEHOLD MEMBER.
  3. "FAMILY OR HOUSEHOLD MEMBERS" MEANS THE FOLLOWING INDIVIDUALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
  (E)  UNRELATED  PERSONS  WHO  ARE  CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY  OR  AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
  4.  "PARENT"  MEANS  A  NATURAL  OR  ADOPTIVE PARENT OR ANY INDIVIDUAL
LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY.
  5. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
  6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN  WHICH  THE  OFFENDER  EXPECTS  TO  RESIDE UPON HIS OR HER DISCHARGE,
PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY  FORM
OF STATE OR LOCAL CONDITIONAL RELEASE; OR
  (II)  IF  THERE  BE  NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE,
TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY  IN  WHICH
THE OFFENDER EXPECTS TO RESIDE; OR

S. 65                               3

  (III)  IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
  (B)  IN  THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO IS OR EXPECTS TO
BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR  COMPEN-
SATION  OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION, (I) THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH  INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH  VILLAGE,  TOWN  OR  CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE
COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III)  IF  THERE  BE  NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION  OF  STATE  POLICE;  AND  (IV)  IF SUCH INSTITUTION OPERATES OR
EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF  OF  SUCH
AGENCY; AND
  (C)  IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO EXPECTS TO RESIDE
WITHIN A STATE PARK OR ON OTHER  LAND  UNDER  THE  JURISDICTION  OF  THE
OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION,  THE  STATE
REGIONAL PARK POLICE.
  S 165-A. DUTIES OF THE  DIVISION;  REGISTRATION  INFORMATION.  1.  THE
DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  DOMESTIC VIOLENCE OFFENDER'S NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
HOME  ADDRESS  AND/OR  EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS
WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER  AND  INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES.
  (B)  A  PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
THE PERIOD OF REGISTRATION, UPDATE  SUCH  PHOTOGRAPH  ONCE  EVERY  THREE
YEARS.  THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER BY MAIL
OF  THE DUTY TO APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION. SUCH NOTIFICATION SHALL  BE  MAILED  AT
LEAST  THIRTY DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS
REQUIRED TO BE TAKEN PURSUANT TO THIS ARTICLE.
  (C) A DESCRIPTION OF THE  OFFENSE  FOR  WHICH  THE  DOMESTIC  VIOLENCE
OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
WHICH THE DOMESTIC VIOLENCE OFFENDER  IS  OR  EXPECTS  TO  BE  ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
OFFENDER  RESIDES  IN  OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH INSTITUTION.
  (E) THE EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT OF  THE
DOMESTIC VIOLENCE OFFENDER.
  (F) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  (A)  THE  DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS  AND  SHALL
MAKE  SUCH  FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF
THIS ARTICLE.
  (B) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO
THIS ARTICLE, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON  OR
ENTITY  ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY
INFORMATION.

S. 65                               4

  (C) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTI-
CLE.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF  THE  DOMESTIC  VIOLENCE  OFFENDER  FOR  ANNUAL
VERIFICATION REQUIREMENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
VIOLENCE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE  OF  HIS
OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY  THIS  ARTICLE.  THE  FEE
SHALL  BE  PAID  TO  THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE
STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT  SUCH  FEES  INTO  THE
DOMESTIC  VIOLENCE  AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY  CHAPTER  SIX  HUNDRED
THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
  8.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
REGISTRY TO SUCH PERSONS.
  9.  THE  DIVISION  SHALL,  UPON THE REQUEST OF ANY AUTHORIZED INTERNET
ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS  THAT  WOULD  ENABLE
SUCH  ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
SERVICES OR, IN CONFORMITY  WITH  STATE  AND  FEDERAL  LAW,  ADVISE  LAW
ENFORCEMENT  AND/OR  OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY  THAT  REQUESTS
INFORMATION  FROM  THE  REGISTRY  TO  SUBMIT  TO  THE DIVISION THE NAME,
ADDRESS AND TELEPHONE NUMBER OF  SUCH  ENTITY  AND  THE  SPECIFIC  LEGAL
NATURE  AND  CORPORATE  STATUS  OF  SUCH ENTITY. EXCEPT FOR THE PURPOSES
SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY  SHALL  NOT
PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO
IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE
AN  AUTHORIZED  INTERNET  ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET
IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS  SUBDIVISION.  THE
DIVISION  SHALL  PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES
FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT-
ED TO, THE DISCLOSURE AND REDISCLOSURE  OF  SUCH  INFORMATION,  AND  THE
IMPOSITION OF ANY FEES.
  S  165-B.  DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF  THE
DEPARTMENT,  HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
DAR DAYS PRIOR TO THE RELEASE OR  DISCHARGE  OF  ANY  DOMESTIC  VIOLENCE
OFFENDER  FROM  A  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE

S. 65                               5

OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON
A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT  WHICH  HE  OR
SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF
HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES
IN  OR  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE
WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE  SHALL  BE
SENT   BY   THE  DOMESTIC  VIOLENCE  OFFENDER'S  PAROLE  OFFICER  WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLL-
MENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION  OF  HIGHER
EDUCATION  WHILE  ON  PAROLE,  SUCH NOTIFICATION OF THE CHANGE OF STATUS
SHALL BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER  WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  2.  IN  THE  CASE  OF  ANY DOMESTIC VIOLENCE OFFENDER ON PROBATION, IT
SHALL BE THE DUTY OF THE DOMESTIC VIOLENCE OFFENDER'S PROBATION  OFFICER
TO  NOTIFY  THE  DIVISION  WITHIN  FORTY-EIGHT HOURS OF THE NEW PLACE OF
RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC  VIOLENCE
OFFENDER  CHANGES  THE  STATUS  OF  HIS  OR  HER ENROLLMENT, ATTENDANCE,
EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE  ON
PROBATION,  SUCH  NOTIFICATION  OF THE CHANGE OF STATUS SHALL BE SENT BY
THE DOMESTIC VIOLENCE OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3.  IN THE CASE IN WHICH ANY DOMESTIC VIOLENCE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
DOMESTIC VIOLENCE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND  A  SUMMARY
OF HIS OR HER CRIMINAL RECORD.
  4.  THE  DIVISION  SHALL  PROVIDE GENERAL INFORMATION, IN REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION AND REGISTRATION PROCEDURES THAT MAY APPLY  IF  THE  REGISTRANT  IS
AUTHORIZED  TO  RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI-
TUTION IN ANOTHER STATE OR UNITED STATES  POSSESSION.  SUCH  INFORMATION
SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S  165-C.  DUTIES  OF  THE  COURT.  1.  UPON  CONVICTION OF ANY OF THE
OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED  SIXTY-FIVE
OF  THIS  ARTICLE  THE COURT SHALL CERTIFY THAT THE PERSON IS A DOMESTIC
VIOLENCE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN  THE  ORDER  OF
COMMITMENT,  IF  ANY,  AND  JUDGMENT OF CONVICTION. THE COURT SHALL ALSO
ADVISE THE DOMESTIC VIOLENCE OFFENDER OF HIS OR HER  DUTIES  UNDER  THIS
ARTICLE.    FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE
OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. ANY DOMESTIC VIOLENCE OFFENDER, WHO IS  RELEASED  ON  PROBATION  OR
DISCHARGED  UPON  PAYMENT  OF  A FINE, CONDITIONAL DISCHARGE OR UNCONDI-
TIONAL DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE  INFORMED

S. 65                               6

OF  HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH
HE OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH  DOMESTIC
VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY
THE  DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO
READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM. THE COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC
VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE,  AND  THE
NAME  AND  ADDRESS  OF  ANY  INSTITUTION  OF  HIGHER EDUCATION HE OR SHE
EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER
FOR  COMPENSATION  OR  NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
INFORMATION TO THE DIVISION.  THE COURT SHALL GIVE ONE COPY OF THE  FORM
TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI-
SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES
HAVING  JURISDICTION.  WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN-
DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING
THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE  SUCH
DOMESTIC  VIOLENCE  OFFENDER  VIOLATES  SUCH PROVISION, PROBATION MAY BE
IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR  HUNDRED  TEN
OF THE CRIMINAL PROCEDURE LAW.
  S  165-D.  DISCHARGE  OF  DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
FACILITY; DUTIES OF OFFICIAL IN CHARGE. ANY DOMESTIC VIOLENCE  OFFENDER,
TO  BE  DISCHARGED,  PAROLED,  RELEASED  TO  POST-RELEASE SUPERVISION OR
RELEASED FROM ANY STATE OR  LOCAL  CORRECTIONAL  FACILITY,  HOSPITAL  OR
INSTITUTION  WHERE  HE  OR SHE WAS CONFINED OR COMMITTED, SHALL AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED
OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY  THE  FACILITY  IN
WHICH  HE  OR  SHE WAS CONFINED OR COMMITTED. THE FACILITY SHALL REQUIRE
THE DOMESTIC VIOLENCE OFFENDER TO READ AND SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND  TO  COMPLETE  THE
REGISTRATION  PORTION  OF  SUCH  FORM. THE FACILITY SHALL OBTAIN ON SUCH
FORM THE ADDRESS WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO  RESIDE
UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND THE NAME AND ADDRESS OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER  HE  OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE  DIVISION.
THE  FACILITY  SHALL  GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE
OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE DIVISION  WHICH
SHALL  PROVIDE  THE  INFORMATION  TO THE LAW ENFORCEMENT AGENCIES HAVING
JURISDICTION. THE FACILITY SHALL GIVE THE DOMESTIC VIOLENCE  OFFENDER  A
FORM  PREPARED  BY  THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED,
SIGNED BY THE DOMESTIC VIOLENCE OFFENDER AND SENT TO THE DIVISION BY THE
FACILITY AT LEAST TEN DAYS PRIOR TO  THE  DOMESTIC  VIOLENCE  OFFENDER'S
RELEASE OR DISCHARGE.
  S  165-E.  DUTY  TO  REGISTER  AND TO VERIFY. 1. ANY DOMESTIC VIOLENCE
OFFENDER SHALL, (A) AT LEAST  TEN  CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
CONFINED  OR  COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY
DOMESTIC VIOLENCE OFFENDER RELEASED  ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF  A  FINE,  CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.

S. 65                               7

  2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO  REGISTER  UNDER  THIS
ARTICLE  ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL
REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE  IS  REQUIRED  TO
REGISTER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B)  THE  VERIFICATION  FORM  SHALL BE SIGNED BY THE DOMESTIC VIOLENCE
OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES  AT  THE  ADDRESS  LAST
REPORTED TO THE DIVISION.
  (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
CATION  FORM  TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS  HE  OR
SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
  (D)  IF  THE  DOMESTIC  VIOLENCE  OFFENDER,  TO WHOM A NOTICE HAS BEEN
MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE,  FAILS  TO
PERSONALLY  APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
WITHIN  TWENTY  DAYS  OF  THE  ANNIVERSARY  OF  THE  DOMESTIC   VIOLENCE
OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN
VIOLATION OF THIS SECTION.  THE  DUTY  TO  PERSONALLY  APPEAR  FOR  SUCH
UPDATED  PHOTOGRAPH  SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH THE DOMESTIC VIOLENCE OFFENDER IS  CONFINED  IN  ANY  HOSPITAL  OR
INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
SUCH  HOSPITAL  OR  INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION  NO
LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER  EDUCATION.  A  FEE  OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION
SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A  OF  THIS  ARTICLE,  SHALL  BE
SUBMITTED  BY  THE  DOMESTIC  VIOLENCE  OFFENDER EACH TIME SUCH OFFENDER
REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS  OR
ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION. ANY FAILURE OR OMISSION TO  SUBMIT  THE  REQUIRED  FEE
SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS
OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  DOMESTIC VIOLENCE OFFENDER WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS FOURTEEN AND FIFTEEN OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF
THIS  CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER
OR  NONRESIDENT  STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCA-
TIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER  OR  NONRESIDENT
STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT
OR  EDUCATIONAL  INSTITUTION  ADDRESS  NO LATER THAN TEN DAYS AFTER SUCH
CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
AGENCY'S JURISDICTION.

S. 65                               8

  S 165-F. PRIOR CONVICTIONS;  DUTY  TO  INFORM  AND  REGISTER.  1.  THE
DEPARTMENT  OF  PAROLE  OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES IN ACCORDANCE WITH RISK FACTORS PURSUANT  TO  THIS  ARTICLE  SHALL
DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY DOMES-
TIC  VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN
ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE.
  2. EVERY DOMESTIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF  THIS
ARTICLE  IS  THEN  ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE  SHALL
WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS OR HER
PAROLE OR  PROBATION  OFFICER.  ON  EACH  ANNIVERSARY  OF  THE  DOMESTIC
VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-FIVE-E OF THIS ARTICLE SHALL APPLY. ANY
DOMESTIC VIOLENCE OFFENDER WHO FAILS OR REFUSES TO SO  COMPLY  SHALL  BE
SUBJECT  TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE
WHICH WOULD BE IMPOSED UPON A DOMESTIC VIOLENCE OFFENDER  WHO  FAILS  OR
REFUSES  TO  SO  COMPLY  WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER
SUCH EFFECTIVE DATE.
  3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER  SUCH DOMESTIC VIOLENCE OFFENDER ACCORDING TO THE REQUIRE-
MENTS IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL  GIVE
ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL, WITHIN
THREE  CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE
DIVISION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE  DOMESTIC  VIOLENCE
OFFENDER  RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF
STATE OR LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY  DOMES-
TIC  VIOLENCE  OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-N OF THIS ARTICLE.
  S 165-G. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION  AND VERIFICATION FOR A DOMESTIC VIOLENCE OFFENDER SHALL BE
ANNUALLY FOR A PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRA-
TION.
  S 165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION  AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING  SIGNED BY THE DOMESTIC VIOLENCE OFFENDER GIVING THE INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S 165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC VIOLENCE
OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
TIC VIOLENCE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE.
  3. THE DIVISION SHALL, IF THE DOMESTIC VIOLENCE OFFENDER CHANGES RESI-
DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT  STATE
OF THE NEW PLACE OF RESIDENCE.
  4.  UPON  RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE,  THE

S. 65                               9

DIVISION  SHALL  NOTIFY  EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
EMPLOYMENT  OR  RESIDENCE  AT  AN  INSTITUTION  OF HIGHER EDUCATION BY A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA-
TION PROVISIONS SET FORTH IN THIS ARTICLE.
  S 165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
DOMESTIC  VIOLENCE  OFFENDER  WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER THIS ARTICLE SHALL NOTIFY  THE  DIVISION  OF
THE  NEW  ADDRESS  NO  LATER  THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
VIOLENCE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2. IF THE DIVISION DETERMINES THAT THE DOMESTIC VIOLENCE  OFFENDER  IS
REQUIRED  TO  REGISTER,  THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE
OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER  THIS  ARTICLE  AND  SHALL
REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED
BY  THE  DIVISION ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCE-
DURE FOR REGISTRATION HAS BEEN EXPLAINED TO THE DOMESTIC VIOLENCE OFFEN-
DER. THE DIVISION SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMES-
TIC VIOLENCE OFFENDER  EXPECTS  TO  RESIDE  WITHIN  THE  STATE  AND  THE
DOMESTIC  VIOLENCE  OFFENDER  SHALL RETAIN ONE COPY OF THE FORM AND SEND
TWO COPIES TO THE DIVISION WHICH SHALL PROVIDE THE  INFORMATION  TO  THE
LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE
OFFENDER EXPECTS TO RESIDE WITHIN THIS STATE.
  3. THE DIVISION SHALL UNDERTAKE AN INFORMATION  CAMPAIGN  DESIGNED  TO
PROVIDE  INFORMATION  TO  OFFICIALS AND APPROPRIATE INDIVIDUALS IN OTHER
STATES AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION  PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR  MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE AND
THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH  MATERIALS
SHALL  INCLUDE  AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
INDIVIDUALS IN OTHER STATES AND UNITED STATES  POSSESSIONS  MAY  USE  TO
OBTAIN ADDITIONAL INFORMATION.
  S  165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-FIVE-A OF THIS ARTICLE, THE DIVISION SHALL ALSO  OPERATE  A  TELE-
PHONE  NUMBER  THAT  MEMBERS  OF  THE PUBLIC MAY CALL FREE OF CHARGE AND
INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A  NAMED  PERSON
REASONABLY  APPEARS  TO BE A PERSON SO LISTED. THE DIVISION SHALL DECIDE
WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED
UPON INFORMATION  FROM  THE  CALLER  PROVIDING  INFORMATION  THAT  SHALL
INCLUDE  (A)  AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIV-
ER'S LICENSE NUMBER OR BIRTH DATE,  ALONG  WITH  ADDITIONAL  INFORMATION
THAT  MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT,
WEIGHT, DISTINCTIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION  OF  THE
ABOVE  LISTED  CHARACTERISTICS  IF AN EXACT BIRTH DATE OR ADDRESS IS NOT
AVAILABLE. IF THREE OF THE CHARACTERISTICS PROVIDED  INCLUDE  ETHNICITY,
HAIR  COLOR,  AND  EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE
PROVIDED. ANY INFORMATION IDENTIFYING THE VICTIM BY  NAME,  BIRTH  DATE,
ADDRESS  OR  RELATION  TO  THE  PERSON  LISTED  BY THE DIVISION SHALL BE
EXCLUDED BY THE DIVISION.
  2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;

S. 65                              10

  (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
WRITTEN RECORD;
  (D)  NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
OLDER;
  (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
  (G)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
  (H) A STATEMENT THAT AN  INFORMATION  PACKAGE  WHICH  WILL  INCLUDE  A
DESCRIPTION  OF  THE  LAW  AND DOMESTIC VIOLENCE PREVENTION MATERIALS IS
AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL
INCLUDE QUESTIONS AND ANSWERS REGARDING THE MOST  COMMONLY  ASKED  QUES-
TIONS ABOUT THE DOMESTIC VIOLENCE OFFENDER REGISTRATION ACT, AND CURRENT
DOMESTIC VIOLENCE PREVENTION MATERIAL.
  3.  (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND
NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS  TO  PRE-REGISTER  WITH  THE
DIVISION FOR USE OF THE TELEPHONE NUMBER. PRE-REGISTRATION SHALL INCLUDE
THE  IDENTIFICATION  OF  UP TO TWO OFFICIALS OF THE ORGANIZATION WHO MAY
CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF THE ORGAN-
IZATION. A PRE-REGISTERED  CERTIFICATE  ISSUED  UNDER  THIS  SUBDIVISION
SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVISION FOR
GOOD  CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR THE ISSU-
ANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION.
  (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE  PURSUANT  TO
THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
MULTIPLE  NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER
REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE
ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW  SUCH  PRE-RE-
GISTERED  ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH-
ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
  (C) FOR PURPOSES OF THIS SUBDIVISION,  "YOUTH  SERVICES  ORGANIZATION"
SHALL  MEAN  A  FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE  HUNDRED  TWO  OF  THE
NOT-FOR-PROFIT  CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE
CHILDREN THE OPPORTUNITY TO  PARTICIPATE  IN  ADULT-SUPERVISED  SPORTING
ACTIVITIES;  OR  (II)  MATCH  CHILDREN  OR GROUPS OF CHILDREN WITH ADULT
VOLUNTEERS FOR THE PURPOSE OF  PROVIDING  CHILDREN  WITH  POSITIVE  ROLE
MODELS TO ENHANCE THEIR DEVELOPMENT.
  4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.   SUCH
PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.

S. 65                              11

  5. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE  AND  THE
NUMBER  OF  CALLS  THAT  RESULTED  IN A NEGATIVE RESPONSE WITH REGARD TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND
  (E) A SUMMARY OF THE SUCCESS OF THE  TELEPHONE  NUMBER  PROGRAM  BASED
UPON SELECTED FACTORS.
  S  165-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY  INFORMATION  PURSUANT  TO THIS SECTION IF THAT OFFICIAL,
EMPLOYEE OR AGENCY ACTED REASONABLY AND  IN  GOOD  FAITH.  THE  IMMUNITY
PROVIDED  UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT INFORMA-
TION TO OTHER EMPLOYEES OR OFFICIALS OR TO THE GENERAL PUBLIC.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
RELEASE INFORMATION AS AUTHORIZED IN  THIS  SECTION  IF  THAT  OFFICIAL,
EMPLOYEE OR AGENCY ACTED REASONABLY AND IN GOOD FAITH.
  S 165-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 165-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF  A  CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR
SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY  RESPECTIVELY  IN
ACCORDANCE  WITH  SECTIONS 195.03 AND 195.04 OF THE PENAL LAW.  ANY SUCH
FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 4. If any clause, sentence,  paragraph,  section  or  part  of  this
section  shall  be adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately; provided,  however,  that
section  two of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.