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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 20, 2016 |
print number 6129c |
| Jan 20, 2016 |
amend and recommit to governmental operations |
| Jan 06, 2016 |
referred to governmental operations |
| May 29, 2015 |
print number 6129b |
| May 29, 2015 |
amend (t) and recommit to governmental operations |
| Mar 31, 2015 |
print number 6129a |
| Mar 31, 2015 |
amend and recommit to governmental operations |
| Mar 16, 2015 |
referred to governmental operations |
Assembly Bill A6129B
2015-2016 Legislative Session
Establishes the New York State Terrorist Registry
download bill text pdfSponsored By
DENDEKKER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-A6129 - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Add §§719 & 232, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L
- Versions Introduced in 2017-2018 Legislative Session:
-
A3363
2015-A6129 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6129
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, the correction law and the penal law,
in relation to the establishment of the New York state terrorist
registry
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 the "New York
State terrorist registry act".
S 2. The executive law is amended by adding a new section 719 to read
as follows:
S 719. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY.
3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-02-5
A. 6129 2
S 3. The executive law is amended by adding a new section 232 to read
as follows:
S 232. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT, OR
ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
REQUEST.
S 4. The correction law is amended by adding a new article 6-D to read
as follows:
ARTICLE 6-D
TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
169-B. DEFINITIONS.
169-C. DUTIES OF THE DIVISION.
169-D. REGISTRATION INFORMATION.
169-E. REGISTRANT NOTIFICATION.
169-F. STANDARDIZED REGISTRATION FORM.
169-G. STANDARDIZED VERIFICATION FORM.
169-H. INVESTIGATION OF POTENTIAL REGISTRANTS.
169-I. INITIAL ASSEMBLY OF THE REGISTRY.
169-J. DUTIES OF THE COURT.
169-K. DISCHARGE OF A TERRORIST FROM CORRECTIONAL FACILITY;
DUTIES OF OFFICIAL IN CHARGE.
169-L. REGISTRATION AND VERIFICATION OF TERRORISTS.
169-M. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
169-N. DURATION OF REGISTRATION AND VERIFICATION.
169-O. NOTIFICATION OF CHANGE OF ADDRESS.
169-P. REGISTRY INFORMATION SHARING.
169-Q. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
169-R. REGISTRY AND VERIFICATION FEES.
169-S. SPECIAL TELEPHONE NUMBER.
169-T. INTERNET DIRECTORY.
169-U. IMMUNITY FROM LIABILITY.
169-V. ANNUAL REPORT.
169-W. PENALTY.
169-X. UNAUTHORIZED RELEASE OF INFORMATION.
169-Y. SEPARABILITY.
S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY OF ANY GOVERNMENT TO PROVIDE FOR THE PUBLIC
A. 6129 3
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A PROGRAM OF PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
S 169-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
1. "TERRORIST" MEANS ANY PERSON WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
(A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
(D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
(E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
(F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
(A) DEPORTED, OR TRANSPORTED, TO A COUNTRY OTHER THAN THE UNITED
STATES, BY THE UNITED STATES GOVERNMENT, OR ANY DEPARTMENT OR AGENCY
THEREOF, UPON SUSPICION OR PROOF OF INVOLVEMENT IN TERRORIST ACTIVITIES,
OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST
ACTIVITIES;
(B) DETAINED AT ANY TIME BY THE ARMED FORCES OF THE UNITED STATES, ANY
OTHER GOVERNMENT AGENCY OF THE UNITED STATES, OR ANY CONTRACTOR OF THE
GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED TO MAKE SUCH
DETENTIONS, ON THE GROUNDS THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN
ENEMY COMBATANT OR AN ILLEGAL ENEMY COMBATANT;
(C) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES;
A. 6129 4
(D) LISTED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREEN-
ING CENTER ON THE TERRORIST SCREENING DATABASE; AND/OR
(E) IDENTIFIED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
(A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
(B) IF THE TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
(C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
(D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
6. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
7. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
8. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
9. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
10. "INTERNET ACCESS PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
11. "INTERNET SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
12. "INTERNET IDENTIFIERS" MEANS ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
13. "CELLULAR SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
A. 6129 5
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
14. "CELLULAR CALL TRACKERS" MEANS ANY TRACKERS, ELECTRONIC RECORDS
AND/OR ELECTRONIC DEVICES, EQUIPMENT, HARDWARE AND/OR SOFTWARE USED FOR
THE PURPOSES OF TRACKING, MONITORING, INTERCEPTING, CAPTURING, RECORDING
OR LISTENING TO CELLULAR PHONE CALLS, AND/OR EMAILS SENT OR RECEIVED ON
A CELLULAR DEVICE, AND/OR TEXT MESSAGES SENT OR RECEIVED ON A CELLULAR
DEVICE.
15. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
16. "REGISTRANT" MEANS A TERRORIST THAT UPON INVESTIGATION PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, THE DIVISION HAS
DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
S 169-C. DUTIES OF THE DIVISION. 1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION SET FORTH IN SECTION ONE HUNDRED
SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, SHALL CONDUCT INVESTIGATIONS
TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY,
AND UPON SUCH INVESTIGATIONS AND DETERMINATIONS, IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL ADD SUCH TERROR-
ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
4. INVESTIGATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL MAKE
REGULAR INVESTIGATIONS TO DETERMINE WHAT TERRORISTS SHALL BE ADDED TO
THE REGISTRY.
5. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL DEVELOP A STAND-
ARDIZED REGISTRATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F
OF THIS ARTICLE.
6. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP A STAND-
ARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-G
OF THIS ARTICLE.
7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
8. NOTIFICATION OF CHANGE OF ADDRESS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, WHEN A
TERRORIST REGISTERS A CHANGE OF ADDRESS.
9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-P OF THIS ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
A. 6129 6
10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-Q OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
12. FINGERPRINT CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE
TERRORIST, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,
OR ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY
THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO THE DIVISION BY THE
TERRORIST, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-S
OF THIS ARTICLE.
15. INTERNET DIRECTORY. THE DIVISION SHALL ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-T OF THIS ARTICLE.
S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-L
THIS ARTICLE, WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
1. PERSONAL INFORMATION, INCLUDING:
(A) THE TERRORIST'S NAME;
(B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
(C) THE DATE OF BIRTH OF THE TERRORIST;
(D) THE SEX OF THE TERRORIST;
(E) THE RACE OF THE TERRORIST;
(F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
(G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
(H) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
A. 6129 7
(J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
(K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
(L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
(M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
(N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
2. FORENSIC INFORMATION, INCLUDING:
(A) A PHOTOGRAPH OF THE TERRORIST, TAKEN BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WHICH SHALL BE UPDATED ANNUALLY;
(B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, TAKEN BY THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(C) A DNA SAMPLE, TAKEN BY THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED DNA
INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A REPORT
AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND
Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA TEST-
ING AS MAY BE REQUIRED BY THE DIVISION; AND
(D) A DNA ANALYSIS OF THE DNA SAMPLE TAKEN FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
3. TERRORIST INCIDENT INFORMATION, INCLUDING, FOR EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
(A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
LISTED OR IDENTIFIED;
(B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, LISTED OR
IDENTIFIED;
(C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, LISTED OR IDENTIFIED, INCLUDING EACH
AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT
OF THE INCIDENT; AND
(D) THE DATE OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, LISTING AND/OR IDENTIFICATION THAT OCCURRED AS A RESULT
OF THE INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR
SANCTION IMPOSED AS A RESULT OF THE INCIDENT;
4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
(A) THE NAME AND ADDRESS OF THE TERRORIST'S CURRENT OR EXPECTED
EMPLOYER, OR IN THE CASE OF A TERRORIST WHO IS A STUDENT, THE NAME AND
ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION;
(B) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT, AND IN THE CASE OF A TERRORIST WHO IS A STUDENT, A
COMPLETE DESCRIPTION OF THE TERRORIST'S CLASSES TAKEN, CLASSROOM
LOCATIONS, AND EDUCATIONAL CREDITS; AND
A. 6129 8
(C) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS, AND IN THE CASE OF
A TERRORIST WHO IS A STUDENT, A COMPLETE LIST OF THE TERRORIST'S PROFES-
SORS; AND
5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
(A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
(B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
S 169-E. REGISTRANT NOTIFICATION. 1. THE DIVISION SHALL NOTIFY EVERY
TERRORIST REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE
PROVISIONS OF THIS SECTION, BUT IN NO EVENT SHALL THE FAILURE OF A
TERRORIST TO RECEIVE SUCH NOTICE, OR OF THE DIVISION TO FAIL TO PROVIDE
SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY OBLIGATION REQUIRED BY THIS
ARTICLE.
2. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE, THE DIVISION, WITHIN TEN CALENDAR DAYS OF MAKING A DETERMI-
NATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, SHALL MAIL TO
SUCH TERRORIST, A NON-FORWARDABLE STANDARDIZED REGISTRATION FORM, AS
DESCRIBED BY SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE.
3. THE PURPOSE OF THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM
MAILED TO SUCH TERRORIST, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, SHALL BE TO INFORM THE TERRORIST, WHO THE DIVISION ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY, OF SUCH TERRORIST'S OBLIGATION TO
REGISTER AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY
INFORMATION REQUIRED BY SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTI-
CLE.
4. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED TO SUCH
TERRORIST, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, SHALL BE
MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS
OF SUCH TERRORIST, BUT IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO
RECEIVE SUCH NOTICE, NOR THE FAILURE OF THE DIVISION TO PROVIDE SUCH
NOTICE, RELIEVE ANY TERRORIST FROM THEIR OBLIGATION TO REGISTER AS
REQUIRED BY THIS ARTICLE.
5. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED TO SUCH
TERRORIST PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL ALSO
CONTAIN NOTICE TO THE TERRORIST, THAT SUCH TERRORIST MUST APPEAR, WITHIN
FIFTEEN DAYS OF RECEIVING SUCH NOTICE, TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WITH THE ADDRESS AND TELEPHONE NUMBER OF SUCH LAW
ENFORCEMENT AGENCY BEING INCLUDED IN SUCH NOTICE, IN ORDER TO HAVE SUCH
TERRORIST SUBMIT TO THE TAKING OF HIS OR HER PHOTOGRAPH, FINGERPRINTS
AND A DNA SAMPLE, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE
HUNDRED SIXTY-NINE-D OF THIS ARTICLE, AND SUCH NOTICE SHALL ADDITIONALLY
PROVIDE INFORMATION CONCERNING THE TERRORIST'S RESPONSIBILITY TO PAY A
ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
6. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRATION FORM IS NOT
RETURNED TO THE DIVISION BY A TERRORIST WITHIN THIRTY DAYS OF THE MAIL-
ING REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE DIVISION
SHALL IMMEDIATELY NOTIFY THE DIVISION OF STATE POLICE, THE STATE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE POLICE
SHALL IMMEDIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A
FAILURE TO REGISTER IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W
OF THIS ARTICLE, AND PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
7. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE, THE DIVISION SHALL ALSO PROVIDE REGISTRANTS WITH GENERAL INFOR-
A. 6129 9
MATION, IN REGISTRATION MATERIALS AND ANNUAL CORRESPONDENCE, CONCERNING
NOTIFICATION AND REGISTRATION PROCEDURES THAT MAY APPLY IF SUCH TERROR-
IST IS EVER AUTHORIZED TO RELOCATE, AND THEN RELOCATES TO ANOTHER STATE
OR UNITED STATES POSSESSION, AND SUCH GENERAL INFORMATION SHALL INCLUDE
ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM WHICH ADDI-
TIONAL INFORMATION FOR TERRORIST REGISTRATION MAY BE OBTAINED.
8. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE, THE DIVISION SHALL ALSO MAIL, TO ALL REGISTRANTS, EVERY THREE
MONTHS AFTER THEIR REGISTRATION, A NON-FORWARDABLE STANDARDIZED VERIFI-
CATION FORM, AS DESCRIBED IN SECTION ONE HUNDRED SIXTY-NINE-G OF THIS
ARTICLE.
9. THE PURPOSE OF THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM
MAILED TO SUCH TERRORIST IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS
SECTION, SHALL BE TO INFORM SUCH REGISTRANT, WHO THE DIVISION ADDED TO
THE NEW YORK STATE TERRORIST REGISTRY, OF SUCH REGISTRANT'S OBLIGATION
TO PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION AS REQUIRED BY THIS ARTI-
CLE.
10. THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
TERRORIST, IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, SHALL
BE MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN
ADDRESS OF SUCH REGISTRANT, BUT IN NO EVENT SHALL THE FAILURE OF A
REGISTRANT TO RECEIVE SUCH NOTICE, NOR THE FAILURE OF THE DIVISION TO
PROVIDE SUCH NOTICE, RELIEVE ANY REGISTRANT FROM THEIR OBLIGATION TO
PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS ARTICLE.
11. THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
TERRORIST PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION, SHALL ALSO
CONTAIN NOTICE TO THE TERRORIST AT LEAST ONCE A YEAR, THAT SUCH TERROR-
IST MUST APPEAR, WITHIN FIFTEEN DAYS OF RECEIVING SUCH NOTICE, TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WITH THE ADDRESS AND TELE-
PHONE NUMBER OF SUCH LAW ENFORCEMENT AGENCY BEING INCLUDED IN SUCH
NOTICE, IN ORDER TO HAVE SUCH TERRORIST SUBMIT TO THE TAKING OF AN ANNU-
AL UPDATE OF HIS OR HER PHOTOGRAPH, IN ACCORDANCE WITH SUBDIVISION TWO
OF SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, AND SUCH NOTICE
SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR FEE TO THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED AND SIXTY-NINE-R OF THIS ARTICLE.
12. IN THE EVENT THAT A COMPLETED STANDARDIZED VERIFICATION FORM IS
NOT RETURNED TO THE DIVISION BY THE REGISTRANT WITHIN THIRTY DAYS OF ITS
MAILING TO SUCH TERRORIST, THE DIVISION SHALL IMMEDIATELY NOTIFY THE
DIVISION OF STATE POLICE, THE STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURI-
TY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMMEDIATELY CAUSE SUCH
TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE TO VERIFY IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W OF THIS ARTICLE, AND PURSUANT
TO SECTION 490.23 OF THE PENAL LAW.
13. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
S 169-F. STANDARDIZED REGISTRATION FORM. 1. THE DIVISION SHALL DEVELOP
A STANDARDIZED REGISTRATION FORM, PURSUANT TO THIS SECTION, TO COLLECT
THE INFORMATION REQUIRED BY SECTION ONE HUNDRED SIXTY-NINE-D OF THIS
ARTICLE, SO THAT THE DIVISION MAY ADD SUCH REQUIRED INFORMATION ON THE
REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED REGISTRATION FORM IN A
MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.
A. 6129 10
3. THE DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED REGISTRATION
FORM WITH THE PURPOSE OF:
(A) PROVIDING FOR THE COLLECTION OF THE INFORMATION REQUIRED BY
SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE; AND
(B) ADVISING THE TERRORIST OF HIS OR HER REGISTRATION DUTIES AND OBLI-
GATIONS UNDER THIS ARTICLE.
4. THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS,
THE UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE.
5. THE DIVISION SHALL PLACE THE STANDARDIZED REGISTRATION FORM,
PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
OF THE DIVISION, AND SUCH ELECTRONIC STANDARDIZED REGISTRATION FORM
SHALL BE IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO SUBMIT A
COMPLETED COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER SUCH
TERRORIST HAS IN FACT RECEIVED THE NOTICE AS REQUIRED BY SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
6. THE DIVISION SHALL ADVERTISE ON ITS WEBSITE THAT ALL TERRORISTS
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY SHALL BE REQUIRED TO
REGISTER UNDER PENALTY OF LAW AND THAT THE STANDARD REGISTRATION FORM
NECESSARY TO COMPLETE SUCH REGISTRATION IS AVAILABLE FOR DOWNLOAD ON THE
DIVISION'S WEBSITE.
7. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
S 169-G. STANDARDIZED VERIFICATION FORM. 1. THE DIVISION SHALL DEVEL-
OP A STANDARDIZED VERIFICATION FORM, PURSUANT TO THIS SECTION, TO
COLLECT THE INFORMATION REQUIRED BY SECTION ONE HUNDRED SIXTY-NINE-D OF
THIS ARTICLE, AND SO THAT THE DIVISION MAY ALSO VERIFY THAT THE INFORMA-
TION SO COLLECTED ON REGISTRANT IS CORRECT.
2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED VERIFICATION FORM IN A
MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.
3. THE DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED VERIFICATION
FORM WITH THE PURPOSE OF:
(A) PROVIDING FOR THE COLLECTION OF THE INFORMATION REQUIRED BY
SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
(B) PROVIDING FOR THE VERIFICATION OF THE INFORMATION SO COLLECTED;
AND
(C) ADVISING THE REGISTRANT OF HIS OR HER QUARTERLY VERIFICATION
DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
4. THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED VERIFICA-
TION FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS,
THE UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE.
5. THE DIVISION SHALL PLACE THE STANDARDIZED VERIFICATION FORM,
PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
OF THE DIVISION, AND SUCH ELECTRONIC STANDARDIZED VERIFICATION FORM
SHALL BE IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO SUBMIT A
COMPLETED COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER SUCH
TERRORIST HAS IN FACT RECEIVED THE NOTICE AS REQUIRED BY SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
6. THE DIVISION SHALL ADVERTISE ON ITS WEBSITE THAT ALL TERRORISTS
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY SHALL BE REQUIRED TO MAKE
QUARTERLY VERIFICATION UNDER PENALTY OF LAW AND THAT THE STANDARD
A. 6129 11
VERIFICATION FORM NECESSARY TO COMPLETE SUCH REGISTRATION IS AVAILABLE
FOR DOWNLOAD ON THE DIVISION'S WEBSITE.
7. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
S 169-H. INVESTIGATION OF POTENTIAL REGISTRANTS. 1. THE DIVISION
SHALL MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER TERRORISTS SHALL
BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION AND DETERMI-
NATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR TO THE RELEASE OF THE TERRORIST FROM A CORRECTIONAL FACILITY, TO
NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH
TERRORIST, INFORMING THE DIVISION IN WRITING, ON A FORM PROVIDED BY THE
DIVISION, WHICH SHALL INDICATE THE ADDRESS AT WHICH SUCH TERRORIST
PROPOSES TO RESIDE, AND IF SUCH TERRORIST CHANGES HIS OR HER PLACE OF
RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE
SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS
TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
3. IN THE CASE OF ANY TERRORIST ON PROBATION, IT SHALL BE THE DUTY OF
THE 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.
4. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM A STATE OR LOCAL
CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFICIAL OF THE FACIL-
ITY OR HOSPITAL WHERE THE TERRORIST WAS CONFINED SHALL NOTIFY, WITHIN
TWENTY-FOUR HOURS, THE DIVISION AND THE LAW ENFORCEMENT AGENCY HAVING
HAD JURISDICTION AT THE TIME OF THE TERRORIST'S CONVICTION, INFORMING
THE DIVISION AND SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIASES OF
THE TERRORIST, THE ADDRESS AT WHICH THE TERRORIST 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 THE TERRORIST WAS SENTENCED, AND THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
THE SAME TIME A COPY OF SUCH TERRORIST'S FINGERPRINTS AND PHOTOGRAPH,
TOGETHER WITH A SUMMARY OF HIS OR HER CRIMINAL RECORD.
5. IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS UNDER THIS
SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND WHETHER,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS SHOULD BE
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
6. (A) IN CONDUCTING ITS INVESTIGATIONS, PURSUANT TO THIS SECTION, TO
DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING
EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION SHALL COMMUNI-
CATE WITH THE FOLLOWING STATE ENTITIES:
(I) THE DEPARTMENT;
(II) THE DIVISION OF PAROLE;
(III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
(IV) THE DEPARTMENT OF HEALTH;
(V) THE DEPARTMENT OF EDUCATION;
(VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
COURT SYSTEM;
(VII) THE DIVISION OF STATE POLICE;
(VIII) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
AND/OR
A. 6129 12
(IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
(B) IN FURTHER CONDUCTING ITS INVESTIGATIONS, PURSUANT TO THIS
SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
SHALL COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTERNA-
TIONAL ENTITIES:
(I) THE FEDERAL BUREAU OF PRISONS;
(II) THE UNITED STATES DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
(III) THE UNITED STATES DEPARTMENT OF STATE;
(IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
(V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
(VI) THE CENTRAL INTELLIGENCE AGENCY;
(VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
(VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
(IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
7. UPON INVESTIGATION IN ACCORDANCE WITH THIS SECTION, IF THE DIVISION
DETERMINES THAT ANY TERRORIST, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, IS CURRENTLY, HAS BEEN, OR
WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR IS SCHEDULED FOR A
CONDITIONAL RELEASE OR DISCHARGE IN NEW YORK STATE, OR IS SCHEDULED FOR
A CONDITIONAL RELEASE OR DISCHARGE AND SUCH TERRORIST HAS EVIDENCED ANY
INTENTION TO RESIDE IN NEW YORK STATE, THEN THE DIVISION SHALL ADD SUCH
TERRORIST TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
8. UPON INVESTIGATION IN ACCORDANCE WITH THIS SECTION, AND UPON A
FINDING THAT THE PERSON INVESTIGATED MAY NOT HAVE COMMITTED A TERRORIST
OFFENSE AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, OR A VERIFIABLE ACT OF TERRORISM, AS
DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, BUT IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHE-
LESS STILL PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOT-
ING, SUPPORTING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE
AND/OR PROPERTY OF THE STATE OF NEW YORK, THEN THE DIVISION MAY MAKE AN
APPLICATION TO A SUPREME COURT, IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-J OF THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE
TERRORIST REGISTRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE
DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON
WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF
THIS ARTICLE.
9. WHERE A COURT OF THE UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A
CERTIFICATION TO ADD A PERSON TO THE NEW YORK STATE TERRORIST REGISTRY,
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE,
THEN THE DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE
SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
10. WHERE THE SUPREME COURT IN THE COUNTY WHERE A REGISTRANT RESIDES,
OR THE SUPREME COURT OF ALBANY COUNTY WHERE A PERSON DOES NOT RESIDE IN
NEW YORK STATE, ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK
STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-
NINE-J OF THIS ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM
THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL
A. 6129 13
FROM THE REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION, AND SUCH
REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS
DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGISTRY.
S 169-I. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF THIS SECTION, SHALL CONDUCT INVESTIGATIONS, IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, TO DETERMINE WHAT
TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH
INVESTIGATIONS AND DETERMINATIONS, SHALL ADD SUCH TERRORISTS TO THE
REGISTRY, AND SHALL THEREAFTER NOTIFY SUCH TERRORISTS PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
S 169-J. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE
OFFENSES SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, THE
COURT SHALL CERTIFY THAT THE PERSON IS A TERRORIST, AND SHALL INCLUDE
THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF
CONVICTION, AND SHALL ADDITIONALLY DIRECT THE DIVISION TO ADD SUCH
PERSON, SO CONVICTED, TO THE NEW YORK STATE TERRORIST REGISTRY.
2. IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-
NINE-H OF THIS ARTICLE, THE DIVISION, AFTER INVESTIGATION, MAY PETITION
THE SUPREME COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE
INVESTIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN
ADDRESS OF SUCH PERSON, FOR A CERTIFICATION, THAT SUCH PERSON THAT IS
THE SUBJECT OF SUCH INVESTIGATION, IN THE JOINT DETERMINATION OF THE
DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORT-
ING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROP-
ERTY OF THE STATE OF NEW YORK, AND THAT A CERTIFICATION SHOULD BE
ISSUED, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND
IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT
THE DIVISION MAY APPEAL ANY DECISION WHERE THE COURT DENIES THE CERTIF-
ICATION AND DIRECTS THE DIVISION NOT TO ADD SUCH PERSON TO THE REGISTRY.
3. ANY PERSON ADDED BY THE DIVISION TO THE NEW YORK STATE TERRORIST
REGISTRY MAY SEEK AN ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH
REGISTRANT RESIDES, OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH
REGISTRANT DOES NOT RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR NAME
AND INFORMATION REMOVED FROM THE REGISTRY, AS FOLLOWS:
(A) THAT TO ISSUE AN ORDER TO REMOVE THE REGISTRANT AND THEIR INFORMA-
TION FROM THE NEW YORK STATE TERRORIST REGISTRY, THE COURT MUST FIND
CONSIDERABLE GROUNDS THAT:
(I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
(II) THE HISTORY AND CHARACTER OF SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
(III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY AND CAPRICIOUS MANNER, AND/OR FAILED TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE; AND
(IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE;
(B) THAT WHERE THE SUPREME COURT ISSUES SUCH AN ORDER PURSUANT TO THIS
SUBDIVISION TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGIS-
TRY, THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY, AND
PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE REGIS-
TRY, BUT THE DIVISION MAY APPEAL SUCH DECISION; AND
A. 6129 14
(C) WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A PERSON'S NAME AND
INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL
SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED
IN FAVOR OF THE PERSON SEEKING REMOVAL.
4. IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT, THEN
THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES UNDER THIS ARTI-
CLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM COURT, THE COURT SHALL
DIRECT THE DIVISION TO MAIL SUCH TERRORIST A WRITTEN COPY OF AN EXPLANA-
TION OF SUCH DUTIES IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
5. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR
THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERRORIST OF THE OBLI-
GATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT THE DIVISION FROM ADDING
SUCH PERSON TO THE REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE.
6. ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE,
BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE
COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT THE TIME SENTENCE IS
IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON THE STAND-
ARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
(A) THE COURT SHALL REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN THE PRESENCE OF THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
(B) THE COURT SHALL GIVE ONE COPY OF THE COMPLETED STANDARDIZED REGIS-
TRATION FORM TO THE TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRANS-
MISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH SHALL ADD SUCH
PERSON TO THE REGISTRY AND FORWARD THE INFORMATION COLLECTED TO THE LAW
ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ACCORDANCE WITH THIS ARTI-
CLE;
(C) WITHIN FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARD-
IZED REGISTRATION FORM TO THE COURT, THE PERSON CERTIFIED AS A TERRORIST
SHALL PRESENT THEMSELVES TO THE LAW ENFORCEMENT AGENCIES HAVING JURIS-
DICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH AND A DNA TEST; AND
(D) FROM SUCH COMPLETED STANDARDIZED REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD, THE ADDRESS WHERE THE TERRORIST EXPECTS TO
RESIDE UPON HIS OR HER RELEASE.
7. ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED FORM PREPARED BY THE DIVISION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
(A) WITHIN TEN DAYS OF THE CERTIFICATION, THE DIVISION SHALL TRANSMIT
BY MAIL TO THE TERRORIST, AT HIS OR HER LAST KNOWN ADDRESS, THE STAND-
ARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, TOGETHER WITH THE
REQUIRED NOTICE TO THE TERRORIST OF HIS OR HER DUTIES UNDER THIS ARTI-
CLE, WITH DIRECTIONS THAT THE TERRORIST MUST READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, AND SIGN THE SAME;
(B) WITHIN THIRTY DAYS OF THE CERTIFICATION, THE PERSON CERTIFIED AS A
TERRORIST, SHALL RETURN THEIR SIGNED, COMPLETED STANDARDIZED REGISTRA-
TION FORM BACK TO THE DIVISION, AND UPON RECEIPT OF THE SAME, THE DIVI-
SION SHALL MAIL A COPY OF THE SAME BACK TO THE TERRORIST, AND FORWARD
THE INFORMATION CONTAINED WITHIN SUCH COMPLETED STANDARDIZED REGISTRA-
A. 6129 15
TION FORM TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE; AND
(C) WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE STANDARDIZED REGISTRA-
TION FORM, THE REGISTRANT SHALL PRESENT THEMSELVES TO THE LAW ENFORCE-
MENT AGENCIES HAVING JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH,
FINGERPRINTING AND A DNA TEST, AND INCLUDED WITH THE STANDARDIZED REGIS-
TRATION FORM PREPARED BY THE DIVISION IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION, PURSUANT TO THE
PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, SHALL BE
A NOTICE TO THE REGISTRANT, OF WHEN AND WHERE TO PRESENT THEMSELVES TO
THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ORDER TO SUBMIT TO
A PHOTOGRAPH, FINGERPRINTING AND A DNA TEST.
S 169-K. DISCHARGE OF A TERRORIST FROM CORRECTIONAL FACILITY; DUTIES
OF OFFICIAL IN CHARGE.
1. UPON NOTICE TO THE DEPARTMENT BY THE DIVISION, ANY TERRORIST, 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, NOT LESS THAN 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, BUT FAILURE OF THE DIVISION OR THE
DEPARTMENT TO PROVIDE, OR FAILURE OF THE TERRORIST TO RECEIVE, SUCH
NOTICE SHALL NOT RELIEVE THE TERRORIST OF ANY OBLIGATION UNDER THIS
ARTICLE.
2. THE FACILITY SHALL PRESENT THE TERRORIST WITH, AND REQUIRE THE
TERRORIST TO READ AND SIGN THE STANDARDIZED REGISTRATION FORM, PRODUCED
BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS
ARTICLE, WHICH FORM SHALL, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F
OF THIS ARTICLE, PROVIDE A WRITTEN EXPLANATION OF THE TERRORIST'S DUTY
TO REGISTER AS WELL AS AN ACKNOWLEDGMENT THAT THE PROCEDURE FOR REGIS-
TRATION HAS BEEN PROVIDED TO HIM OR HER, AND THE FACILITY SHALL FURTHER
DIRECT SUCH TERRORIST TO COMPLETE THE REGISTRATION PORTION OF SUCH
STANDARDIZED REGISTRATION FORM.
3. THE FACILITY SHALL OBTAIN FROM SUCH STANDARDIZED REGISTRATION FORM
THE ADDRESS WHERE THE REGISTRANT EXPECTS TO RESIDE UPON HIS OR HER
DISCHARGE, PAROLE OR RELEASE, AND SHALL MAINTAIN SUCH FOR ITS RECORDS.
4. THE FACILITY SHALL GIVE ONE COPY OF THE COMPLETED STANDARDIZED
REGISTRATION FORM TO THE TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRAN-
SMISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH IF IT HAS NOT
ALREADY, SHALL ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY
AND FORWARD THE INFORMATION COLLECTED TO THE LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, IN ACCORDANCE WITH THIS ARTICLE.
5. WITHIN FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARDIZED
REGISTRATION FORM TO THE FACILITY, OR WITHIN FIFTEEN DAYS OF THE
DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM
ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE
THE TERRORIST WAS CONFINED OR COMMITTED, WHICHEVER IS LATER, THE TERROR-
IST SHALL PRESENT THEMSELVES TO THE LAW ENFORCEMENT AGENCIES HAVING
JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH AND A DNA TEST, AND
INCLUDED WITH THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVI-
SION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTI-
CLE, THE DIVISION, PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE, SHALL BE A NOTICE TO THE REGISTRANT, OF
WHEN AND WHERE TO PRESENT THEMSELVES TO THE LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH, FINGERPRINTING
AND A DNA TEST.
A. 6129 16
6. AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION
MAY REQUEST, AND THE DEPARTMENT SHALL THEN IMMEDIATELY TRANSMIT TO THE
DIVISION, ALL THE CONVICTION DATA AND FINGERPRINTS OF THE TERRORIST.
7. UPON RECEIPT OF THE CONVICTION DATA AND FINGERPRINTS IN ACCORDANCE
WITH SUBDIVISION SIX OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
TRANSMIT SUCH CONVICTION DATA AND FINGERPRINTS TO THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL BUREAU OF INVESTI-
GATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
S 169-L. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. ANY PERSON
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE DIVISION, IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL
BE REQUIRED, AND HAVE THE DUTY TO REGISTER AND VERIFY, AND PROVIDE THE
REQUIRED REGISTRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE.
2. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
DIVISION, SHALL BE REQUIRED, AND SHALL HAVE THE INITIAL DUTY TO:
(A) REGISTER UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD REGISTRA-
TION FORM, CONTAINING ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
(C) APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCEMENT
AGENCY HAVING JURISDICTION;
(D) APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT
AGENCY HAVING JURISDICTION;
(E) APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION; AND
(F) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
3. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
DIVISION, SHALL FURTHER BE REQUIRED, AND SHALL HAVE THE CONTINUING DUTY
TO:
(A) VERIFY UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING ALL THE REQUIRED VERIFICATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
(C) APPEAR TO, AND BE ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION; AND
(D) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
4. THE DUTY TO REGISTER AND/OR VERIFY UNDER THE PROVISIONS OF THIS
ARTICLE SHALL NOT BE APPLICABLE TO ANY PERSON WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR FOR THE OFFENSE
WHICH WAS THE REASON THE DIVISION ADDED SUCH PERSON TO THE NEW YORK
STATE TERRORIST REGISTRY.
5. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY, WHO
IS A RESIDENT OF NEW YORK STATE, SHALL REGISTER HIS OR HER CURRENT
ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL
INSTITUTION ATTENDED WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF
ANY CHANGE OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
6. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY, WHO
IS NOT A RESIDENT OF NEW YORK STATE, BUT WHO IS EMPLOYED IN NEW YORK
STATE OR WHO ATTENDS AN EDUCATIONAL INSTITUTION IN NEW YORK STATE, SHALL
REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR HER PLACE
OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION, AND
SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR
A. 6129 17
EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE.
S 169-M. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY
TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN ON COMMU-
NITY SUPERVISION OR PROBATION.
2. EVERY TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN
ON COMMUNITY SUPERVISION OR PROBATION, WHO IS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-H OF THIS ARTICLE, SHALL WITHIN FIFTEEN DAYS OF SUCH DETERMI-
NATION BY THE DIVISION, REGISTER, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-L OF THIS ARTICLE, WITH HIS OR HER PAROLE OR PROBATION OFFI-
CER.
3. ON THE THREE MONTH ANNIVERSARY OF THE TERRORIST'S INITIAL REGISTRA-
TION DATE, AND ON EVERY THREE MONTHS THEREAFTER, THE TERRORIST SHALL
FURTHER PROVIDE VERIFICATION AS REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-L OF THIS ARTICLE.
4. ANY REGISTRANT 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 TERRORIST WHO FAILS OR REFUSES TO REGISTER
AND/OR VERIFY AS REQUIRED, AND SHALL BE SUBJECT TO THE PROVISIONS OF
SECTION ONE HUNDRED SIXTY-NINE-W OF THIS ARTICLE AND SECTION 490.23 OF
THE PENAL LAW.
5. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH TERRORIST ACCORDING TO THE REQUIREMENTS IMPOSED BY
THIS ARTICLE.
6. UPON REGISTRATION, A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE STANDARDIZED REGISTRATION FORM TO THE TERRORIST AND SHALL,
WITHIN THREE CALENDAR DAYS, SEND ONE COPY TO THE DIVISION, AND TWO
COPIES EITHER ELECTRONICALLY OR OTHERWISE TO THE DEPARTMENT, WHEREUPON
THE DEPARTMENT SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE TERRORIST RESIDES
UPON HIS OR HER COMMUNITY SUPERVISION, PROBATION, OR LOCAL CONDITIONAL
RELEASE.
S 169-N. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION AND VERIFICATION FOR A TERRORIST SHALL BE QUARTERLY FOR
LIFE.
S 169-O. NOTIFICATION OF CHANGE OF ADDRESS. 1. UPON RECEIPT OF A
CHANGE OF ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTI-
CLE, 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 TERRORIST 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 TERRORIST CHANGES RESIDENCE TO ANOTHER
STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW PLACE
OF RESIDENCE.
S 169-P. REGISTRY INFORMATION SHARING. 1. THE DIVISION, PURSUANT TO
THIS SECTION, IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGIS-
TRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE,
THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF THE DIREC-
A. 6129 18
TOR OF NATIONAL INTELLIGENCE, ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE.
2. THE DIVISION, PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO
SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION
CONTAINED THEREIN, WITH STATE, REGIONAL OR NATIONAL REGISTRY OF TERROR-
ISTS, INCLUDING BUT NOT LIMITED TO, THE TERRORIST SCREENING DATABASE
MAINTAINED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE, NATIONAL AND INTERNATIONAL LAW ENFORCEMENT ENTITIES,
AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
THIS ARTICLE.
3. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF
STATE POLICE, THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPART-
MENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE, ANY LOCAL, STATE, NATIONAL AND
INTERNATIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE
DIVISION DEEMS APPROPRIATE, ANY AND ALL INFORMATION THAT THE DIVISION
DEEMS WILL ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION REGARDING SECURE INFORMATION,
MAKE SUCH INFORMATION AVAILABLE WHEN REQUESTED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
4. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM ANY
STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS, INCLUDING BUT NOT
LIMITED TO, THE TERRORIST SCREENING DATABASE MAINTAINED BY THE FEDERAL
BUREAU OF INVESTIGATION'S TERRORIST SCREENING CENTER, AND/OR ANY AND ALL
OTHER DATABASES MAINTAINED BY THE DIVISION OF THE STATE POLICE, AND/OR
ANY AND ALL OTHER DATABASES MAINTAINED BY ANY LOCAL, STATE, NATIONAL AND
INTERNATIONAL LAW ENFORCEMENT ENTITIES, AND/OR ANY OTHER ENTITY THAT
MAINTAINS A CRIMINAL JUSTICE OR TERRORIST DATABASE THAT THE DIVISION
DEEMS APPROPRIATE, ANY AND ALL INFORMATION THAT THE DIVISION DEEMS WILL
ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSISTENT WITH THE
PROVISIONS OF THIS SECTION REGARDING SECURE INFORMATION, MAKE SUCH
INFORMATION AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE.
5. THE DIVISION, PURSUANT TO THIS SECTION, IN CONSULTATION WITH THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF
STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY,
AND SHALL DETERMINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION
CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR
PROPERTY OF THE STATE OF NEW YORK.
6. UPON THE REVIEW MADE IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS
SECTION, AND A DETERMINATION THAT PARTICULAR INFORMATION NEEDS TO BE
DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH SECURE INFORMATION FROM
PUBLIC ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION FROM THE
REQUIREMENTS OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-T OF THIS ARTICLE, OR PROVIDING SUCH
THROUGH THE SPECIAL TELEPHONE NUMBER IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-S OF THIS ARTICLE.
7. ANY INFORMATION DEEMED SECURE PURSUANT TO THIS SECTION SHALL NOT BE
SUBJECT TO THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
A. 6129 19
8. IN NO EVENT SHALL A DETERMINATION THAT PARTICULAR INFORMATION SHALL
BE DEEMED SECURE, PURSUANT TO THIS SECTION, PREVENT THE DIVISION FROM
SHARING SUCH SECURE INFORMATION WITH ANY ENTITY IDENTIFIED FOR REGISTRY
INFORMATION SHARING PURSUANT TO THIS SECTION.
S 169-Q. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. THE DIVISION,
PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANS-
FER OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY
AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND
ANALYSIS OF SUCH DNA SAMPLE.
2. THE DIVISION SHALL FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTO-
DIAL TRANSFER OF THE DNA SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM,
TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED PURSUANT TO SECTION
NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
3. THE DIVISION, PURSUANT TO THIS SECTION, SHALL ALSO PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE
TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO THE
LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, AND/OR ANY OTHER
APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE DIVISION,
FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGERPRINTS.
S 169-R. REGISTRY AND VERIFICATION FEES. 1. THE DIVISION, PURSUANT TO
THIS SECTION, SHALL:
(A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
(B) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
(C) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION TO PROVIDE AN UPDATED
ANNUAL PHOTOGRAPH.
2. ALL FEES CHARGED, PURSUANT TO THIS SECTION, SHALL BE PAID TO THE
DIVISION BY THE TERRORIST, AT THE TIME AND MANNER PRESCRIBED BY THE
DIVISION.
3. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT ANY AND ALL
FEES COLLECTED PURSUANT TO THIS SECTION INTO THE GENERAL FUND.
S 169-S. SPECIAL TELEPHONE NUMBER. 1. THE DIVISION SHALL OPERATE A
TELEPHONE 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 ON THE NEW YORK STATE TERRORIST REGISTRY.
2. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY
APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELE-
VANT INFORMATION.
3. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON REASONABLY
APPEARS TO BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY,
BASED UPON INFORMATION FROM THE CALLER PROVIDING INFORMATION THAT SHALL
INCLUDE ANY THREE OF THE FOLLOWING:
(A) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
(B) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(C) THE BIRTH DATE OF THE TERRORIST;
(D) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
(E) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
(F) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
(G) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST; AND/OR
A. 6129 20
(H) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
4. THAT UPON ASCERTAINING THAT THE NAMED PERSON REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY, BASED UPON
INFORMATION FROM THE CALLER PROVIDING INFORMATION IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION, THE DIVISION SHALL PROVIDE THE CALLER
WITH THE FOLLOWING INFORMATION:
(A) THE NAME OF THE TERRORIST;
(B) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(C) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN BY THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
(F) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(G) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
5. WHEN THE SPECIAL TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE
PLAYED BY THE DIVISION, WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
(A) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
(B) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
(C) THAT THE CALLER SHALL BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
(D) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
(E) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
(F) THAT THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN SUBDIVISION THREE OF THIS SECTION REGARDING
THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSI-
TIVE IDENTIFICATION OF THAT PERSON;
(G) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND THAT
ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO THE
LOCAL, STATE OR FEDERAL AUTHORITIES; AND
(H) THAT AN INFORMATION PACKAGE WHICH WILL INCLUDE A DESCRIPTION OF
THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY IS AVAILABLE
UPON REQUEST FROM THE DIVISION.
6. 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
SPECIAL 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, AND THE FOREGOING
REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT
MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW,
AND 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.
A. 6129 21
7. THE DIVISION SHALL ON OR BEFORE SEPTEMBER FIRST IN EACH YEAR FILE A
REPORT WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMIT-
TEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR
OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, ON THE
OPERATION OF THE TELEPHONE NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
(A) THE 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) THE 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; AND
(D) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON THE ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL DEEM
RELEVANT.
8. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
S 169-T. INTERNET DIRECTORY. 1. THE DIVISION SHALL MAINTAIN AN INTER-
NET DIRECTORY OF TERRORISTS, WHICH SHALL INCLUDE FOR EACH TERRORIST:
(A) THE NAME OF THE TERRORIST;
(B) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(C) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN BY THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
(F) IF THE TERRORIST BE A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(G) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME OF
CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
2. THE INTERNET DIRECTORY SHALL HAVE TERRORIST LISTINGS CATEGORIZED BY
COUNTY AND ZIP CODE.
3. THE INTERNET DIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE
INTERNET VIA THE DIVISION HOMEPAGE.
4. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE AUTOMATED E-MAIL
NOTIFICATIONS WHENEVER A NEW OR UPDATED REGISTRATION OCCURS ON THE NEW
YORK STATE TERRORIST REGISTRY, IN THE GEOGRAPHIC AREA SPECIFIED BY SUCH
PERSON, BUT UNLESS THE APPLICANT IS AN EMPLOYEE OR ENTITY OF A STATE,
LOCAL OR FEDERAL GOVERNMENT, ACTING IN THEIR OFFICIAL CAPACITY, SUCH
E-MAIL NOTIFICATIONS SHALL BE LIMITED TO THREE GEOGRAPHIC AREAS PER
E-MAIL ACCOUNT.
5. THE DIVISION SHALL NOT CHARGE FOR ACCESS TO THE INTERNET DIRECTORY
NOR FOR THE RECEIPT OF E-MAIL NOTIFICATIONS.
6. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS.
7. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
S 169-U. 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
A. 6129 22
AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER STATE, LOCAL AND/OR FEDERAL
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 ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 169-V. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE SEPTEMBER
FIRST IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
MENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF
THIS ARTICLE.
S 169-W. PENALTY. ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO
THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW. ANY
SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
S 169-X. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
S 169-Y. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
S 5. The penal law is amended by adding a new section 490.23 to read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
REGISTRY.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY, WHEN HE OR SHE IS REQUIRED TO REGISTER OR
VERIFY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, OR FAILS TO PROVIDE
REQUIRED INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION AS
REQUIRED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A FELONY.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
2015-A6129A - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Add §§719 & 232, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L
- Versions Introduced in 2017-2018 Legislative Session:
-
A3363
2015-A6129A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6129--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, the correction law and the penal law,
in relation to the establishment of the New York state terrorist
registry
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 the "New York
state terrorist registry act".
S 2. The executive law is amended by adding a new section 719 to read
as follows:
S 719. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-06-5
A. 6129--A 2
SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
S 3. The executive law is amended by adding a new section 232 to read
as follows:
S 232. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT, OR
ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
REQUEST.
S 4. The correction law is amended by adding a new article 6-D to read
as follows:
ARTICLE 6-D
TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
169-B. DEFINITIONS.
169-C. DUTIES OF THE DIVISION.
169-D. REGISTRATION INFORMATION.
169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS.
169-F. INVESTIGATION OF POTENTIAL REGISTRANTS.
169-G. INITIAL ASSEMBLY OF THE REGISTRY.
169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
169-I. DUTIES OF THE COURT.
169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO
DISCHARGE OF A TERRORIST.
169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR
PROBATION.
169-L. DURATION OF REGISTRATION AND VERIFICATION.
169-M. NOTIFICATION OF CHANGE OF ADDRESS.
169-N. REGISTRY INFORMATION SHARING.
169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
169-P. REGISTRY AND VERIFICATION FEES.
169-Q. SPECIAL TELEPHONE NUMBER.
169-R. INTERNET DIRECTORY.
169-S. IMMUNITY FROM LIABILITY.
169-T. ANNUAL REPORT.
169-U. PENALTY.
169-V. UNAUTHORIZED RELEASE OF INFORMATION.
169-W. SEPARABILITY.
S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
A. 6129--A 3
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY OF ANY GOVERNMENT TO PROVIDE FOR THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A PROGRAM OF PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
S 169-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
1. "TERRORIST" MEANS ANY PERSON WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
(A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
(D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
(E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
(F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
(A) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
(B) CONVICTED BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
(C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES, ANY OTHER GOVERNMENT AGENCY OF THE UNITED STATES, OR ANY
CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
THE GOVERNMENT OF THE UNITED STATES TO MAKE SUCH DETENTIONS, UPON A
A. 6129--A 4
DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
(D) DEPORTED OR TRANSPORTED, TO A COUNTRY, OTHER THAN THE UNITED
STATES, BY THE GOVERNMENT OF THE UNITED STATES, OR ANY DEPARTMENT OR
AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-
ITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR
TERRORIST ACTIVITIES; OR
(E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
(A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
(B) IF THE TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
(C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
(D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
6. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
7. "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
FIVE, OF THIS CHAPTER.
8. "OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES" MEANS THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES AS DESCRIBED IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
9. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
11. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO
ARTICLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
12. "INTERNET ACCESS PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
A. 6129--A 5
13. "INTERNET SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
14. "INTERNET IDENTIFIERS" MEANS ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
15. "CELLULAR SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
17. "REGISTRANT" MEANS A TERRORIST, THAT UPON INVESTIGATION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION HAS
DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR ANY OTHER OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL FACILITY, HOSPITAL, LOCAL CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
S 169-C. DUTIES OF THE DIVISION. 1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION SET FORTH IN SECTION ONE HUNDRED
SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT INVESTIGATIONS
TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY,
AND UPON SUCH INVESTIGATIONS AND DETERMINATIONS, IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERROR-
ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
4. INVESTIGATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE
REGULAR INVESTIGATIONS TO DETERMINE WHAT TERRORISTS SHALL BE ADDED TO
THE REGISTRY.
5. STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A STANDARDIZED VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA-
A. 6129--A 6
TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
8. NOTIFICATION OF CHANGE OF ADDRESS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, WHEN A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
12. FINGERPRINT CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
15. INTERNET DIRECTORY. THE DIVISION SHALL ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-H
OF THIS ARTICLE, WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
A. 6129--A 7
1. PERSONAL INFORMATION, INCLUDING:
(A) THE TERRORIST'S NAME;
(B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
(C) THE DATE OF BIRTH OF THE TERRORIST;
(D) THE SEX OF THE TERRORIST;
(E) THE RACE OF THE TERRORIST;
(F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
(G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
(H) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
(J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
(K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
(L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
(M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
(N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
2. FORENSIC INFORMATION, INCLUDING:
(A) A PHOTOGRAPH OF THE TERRORIST, TAKEN IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
(B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, COLLECTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
(C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A
REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
(D) A DNA ANALYSIS OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
3. TERRORIST INCIDENT INFORMATION, INCLUDING, FOR EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
(A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
OR DESIGNATED;
(B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
(C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
A. 6129--A 8
(D) THE DATE OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED AS A RESULT OF THE
INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
(A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
EMPLOYED:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
(III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
(B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE
A STUDENT:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
(III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
(A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
(B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
S 169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A
NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
2. STANDARDIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY REGISTER IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED REGISTRATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
AGENCY; AND
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
A. 6129--A 9
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
3. PERSONALIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED REGISTRATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
5. VERIFICATION PACKET. THE DIVISION SHALL CREATE A NON-FORWARDABLE
VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION FORM, AND A
STANDARDIZED VERIFICATION FORM.
6. STANDARDIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO PROVIDE VERIFICATION. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE
REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH
THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO APPEAR BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
LAW ENFORCEMENT AGENCY; AND
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
7. PERSONALIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
A. 6129--A 10
MATION INFORMATION FORM SHALL FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED VERIFICATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
FROM EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE
TERRORIST REGISTRY.
9. AVAILABILITY OF INFORMATION AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
(A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE
UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE;
(B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED
VERIFICATION FORM, PRODUCED IN ACCORDANCE WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE SUBMISSION OF A COMPLETED
COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS-
TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
(C) THE DIVISION SHALL ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER,
WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW
YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE PROVIDED IN A
PERSONALIZED REGISTRATION INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
10. ADVERTISEMENT. THE DIVISION SHALL ADVERTISE ON ITS OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
12. MAILING OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
A. 6129--A 11
TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
13. PURPOSE OF THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED IN ACCORDANCE WITH SUBDIVISION
FIVE OF THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S DUTY AND OBLI-
GATION TO PROVIDE VERIFICATION AS REQUIRED BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH REGISTRANT AS
REQUIRED BY THIS ARTICLE.
14. MAILING OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
15. TIMELINES. WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
(A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN
TEN CALENDAR DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGIS-
TRY;
(B) THE MAILING REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
(C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS
MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
(D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED
STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA SAMPLE, UNLESS
SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
A. 6129--A 12
TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED
SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
(F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE,
REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR
OF THE FAILURE OF THE DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
17. VIOLATIONS. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED
TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
NOTIFY THE DIVISION OF STATE POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE
TO REGISTER IN ACCORDANCE WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
18. LATE FILINGS. THE DIVISION MAY BY REGULATION IDENTIFY CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-F. INVESTIGATION OF POTENTIAL REGISTRANTS. 1. GENERALLY. THE
DIVISION SHALL MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER TERROR-
ISTS SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION AND
DETERMINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD
SUCH TERRORIST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY
THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI-
A. 6129--A 13
SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT
LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY THE
DIVISION, WITHIN FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM AND MANNER PROVIDED BY THE
DIVISION.
4. ESCAPE NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED OFFICIAL OF THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE DIVISION OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND IMMEDIATELY PRIOR TO, THE TIME OF THE
TERRORIST'S CONFINEMENT, WITH:
(A) THE NAME AND ALIASES OF THE TERRORIST;
(B) THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
(C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO BE
SERVED, IF ANY;
(D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
(E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
(F) THE FINGERPRINTS OF THE TERRORIST.
5. PURPOSE. IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND
WHETHER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING ITS INVESTI-
GATIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN NEW
YORK STATE, THE DIVISION SHALL COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
(I) THE DEPARTMENT;
(II) THE DIVISION OF PAROLE;
(III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
(IV) THE DEPARTMENT OF HEALTH;
(V) THE DEPARTMENT OF EDUCATION;
(VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
COURT SYSTEM;
(VII) THE DIVISION OF STATE POLICE;
(VIII) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
AND/OR
(IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
(B) IN FURTHER CONDUCTING ITS INVESTIGATIONS, PURSUANT TO THIS
SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
(I) THE FEDERAL BUREAU OF PRISONS;
(II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
(III) THE UNITED STATE DEPARTMENT OF STATE;
(IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
A. 6129--A 14
(V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
(VI) THE CENTRAL INTELLIGENCE AGENCY;
(VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
(VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
(IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON INVESTIGATION IN
ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL ADD A TERRORIST, AS
DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
(A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
(B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
(C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST HAS EVIDENCED ANY INTENTION TO RESIDE, WORK OR ATTEND AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON INVESTI-
GATION IN ACCORDANCE WITH THIS SECTION, AND UPON A FINDING THAT THE
PERSON INVESTIGATED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS
DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, OR A VERIFIABLE ACT OF TERRORISM, AS DEFINED IN SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE
JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A
SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR
FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE
STATE OF NEW YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A
SUPREME COURT, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF
THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGIS-
TRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL
ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICA-
TION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTI-
CLE.
9. ADDITION TO THE REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST
REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY,
AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE
REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND
SUCH REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL
A. 6129--A 15
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE INVESTI-
GATIONS AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-F OF THIS ARTICLE, TO DETERMINE WHAT TERRORISTS SHALL BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH INVESTIGATIONS AND DETER-
MINATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THERE-
AFTER NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. DUTY AND
OBLIGATION TO REGISTER AND VERIFY. ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE
DUTY AND OBLIGATION TO REGISTER AND VERIFY, AND SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS
ARTICLE.
2. SPECIFIC DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL BE REQUIRED, AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
(A) REGISTER UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION FORM, CONTAINING ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH
PREVIOUSLY TAKEN, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH
SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
(D) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
(E) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR DNA SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(F) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
3. CONTINUING DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
(A) VERIFY UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING ALL THE REQUIRED VERIFICATION INFORMATION IN
A. 6129--A 16
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) APPEAR TO, AND BE ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(D) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
4. DISCONTINUED DUTIES AND OBLIGATIONS. THE DUTY TO REGISTER AND/OR
VERIFY UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH WAS THE REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
5. CHANGE OF ADDRESS. ANY TERRORIST ADDED TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED
BY THIS ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
S 169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET FORTH IN ARTICLE FOUR HUNDRED
NINETY OF THE PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT, IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO THE NEW YORK STATE
TERRORIST REGISTRY.
(B) IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES AND OBLI-
GATIONS UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION TO MAIL SUCH TERRORIST A
REGISTRATION PACKET IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
(C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERROR-
IST OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE NEW YORK STATE TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(D) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE,
BE INFORMED OF HIS OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT THE TIME
SENTENCE IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
(I) THE COURT SHALL REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN THE PRESENCE OF THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
(II) UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION FORM TO THE DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
FORM, ADD SUCH PERSON TO THE REGISTRY AND FORWARD THE INFORMATION
COLLECTED TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
A. 6129--A 17
(III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE
CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
(IV) FROM THE COMPLETED STANDARDIZED REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED
TO THE NEW YORK STATE TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
(E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION, SHALL BE ADDED BY THE DIVISION TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL REGISTER WITH THE DIVISION, AND PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER. IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS ARTICLE, THE DIVISION, AFTER INVESTIGATION, MAY PETITION THE
SUPREME COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVES-
TIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS OF
SUCH PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF
SUCH INVESTIGATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS
AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILI-
TATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE
OF NEW YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD SUCH
PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE
CERTIFICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL
ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE
SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
(B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO DIRECT THE DIVISION TO ADD THE PERSON WHO IS THE SUBJECT OF THE
APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH
DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE
ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM
THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL OF SUCH DECISION AND/OR
ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE
DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING
THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
EARLIER.
3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN
ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
A. 6129--A 18
(A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO
REMOVE THE REGISTRANT AND THEIR INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
(I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
(II) THE HISTORY AND CHARACTER OF SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
(III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY AND CAPRICIOUS MANNER, FAILED TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
(IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
(B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME COURT
FINDS THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL
FROM THE REGISTRY.
(C) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A PERSON FROM THE NEW YORK
STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL HEAR SUCH APPEAL
WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON FROM THE REGISTRY,
WHICHEVER IS EARLIER. WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL SHALL
NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM THE COURT
DENIES A PETITION TO HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH
SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPARTMENT, WHICH SUCH
APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF THE ORDER DENYING THE PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
S 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST. 1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST,
AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN
SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT
LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF THE TERRORIST, AND
THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY. THE NOTIFICATION REQUIRED BY THIS
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
A. 6129--A 19
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH
CUSTODY OF SUCH TERRORIST.
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, SHALL INFORM SUCH TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND
MANNER PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR THE FAILURE OF THE TERRORIST TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR TO THE
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE CUSTODY OF THE CONFINEMENT
ENTITY, BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS SUBDIVISION, THE CONFINEMENT ENTITY SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
3. REGISTRATION AT THE FACILITY. IMMEDIATELY AFTER PROVIDING THE
TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT EVERY TERRORIST IN
THEIR CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET READ AND
EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR
PROVIDE ANY OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM THE CONFINEMENT ENTITY, THE ONE
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
A. 6129--A 20
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH LAW ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY SHALL IMME-
DIATELY RECORD FROM SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE TERRORIST, MAINTAIN ONE COPY OF SUCH
COMPLETED AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION, BY THE MEANS AND
MANNER PROVIDED BY THE DIVISION, THE ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
CONFINEMENT ENTITY SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND PERSONAL INFORMATION OF
ANY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN THE CUSTODY OF THE CONFINEMENT
ENTITY.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY.
S 169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST, AS DEFINED IN
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS OF THE TERRORIST PRIOR TO THE COMMUNITY SUPERVISION OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH OF
COMMUNITY SUPERVISION OR PROBATION OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST FROM THE COMMUNITY SUPERVISION OR
PROBATION. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, OR IF
THE TERRORIST COMMENCES COMMUNITY SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH COMMUNITY SUPER-
VISION OR PROBATION.
A. 6129--A 21
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL INFORM SUCH
TERRORIST OF THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED BY THE DIVI-
SION. THE FAILURE OF THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE FAILURE OF
THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION
REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES IS
UNABLE TO NOTIFY THE TERRORIST AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. REGISTRATION BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE
NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PRESENT EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR
PROBATION, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED IN SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT PREVIOUSLY REGISTERED WITH
THE NEW YORK STATE TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTO-
GRAPH, A COMPLETE SET OF FINGERPRINTS, AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE
TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, FOR THE COLLECTION OF THE
INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION,
THE ONE HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW
A. 6129--A 22
ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE DEPARTMENT OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS WHERE THE TERRORIST
EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
THE CONFINEMENT ENTITY'S OWN RECORDS, AND SHALL FURTHER IMMEDIATELY
TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO THE DIVISION, THE INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE CONVICTION DATA AND PERSONAL INFORMATION OF ANY TERRORIST, AS
DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATE DEPARTMENT OF HOMELAND
SECURITY.
S 169-L. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1. DUTY AND OBLIGATION TO
NOTIFY DIVISION OF CHANGE OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
A. 6129--A 23
2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE, IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION
OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
4. NOTIFICATION OF OTHER JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
OF RESIDENCE.
169-N. REGISTRY INFORMATION SHARING. 1. SHARING OF INFORMATION WITH
NEW YORK AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE DEPART-
MENT, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL INCLUDE THE
PROVISION OF INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE RECEIPT AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
2. SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE THE NEW YORK
STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS,
INCLUDING BUT NOT LIMITED TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE, NATIONAL AND INTERNATIONAL LAW ENFORCEMENT ENTITIES,
AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY TO THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION, PURSUANT
TO THIS SECTION, IN CONSULTATION WITH THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE, SHALL REVIEW
THE INFORMATION CONTAINED ON THE NEW YORK STATE TERRORIST REGISTRY, AND
SHALL DETERMINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION
CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR
A. 6129--A 24
PROPERTY OF THE STATE OF NEW YORK. UPON THE REVIEW MADE IN ACCORDANCE
WITH THIS SUBDIVISION, AND UPON A DETERMINATION THAT ANY PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY, INCLUDING EXEMPTING SUCH
INFORMATION FROM THE REQUIREMENTS OF THE POSTING ON THE DIVISION'S
WEBSITE, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE,
OR PROVIDING OF SUCH INFORMATION THROUGH THE SPECIAL TELEPHONE NUMBER IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY
INFORMATION DEEMED SECURE PURSUANT TO THIS SUBDIVISION SHALL NOT BE
SUBJECT TO THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY THE DIVISION, THAT PARTICULAR INFORMATION SHALL BE DEEMED SECURE,
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PREVENT THE DIVISION FROM
SHARING SUCH SECURE INFORMATION WITH ANY ENTITY IDENTIFIED FOR THE
REGISTRY INFORMATION SHARING PURSUANT TO THIS SECTION, BUT THE DIVISION
MAY PLACE SHARING RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED
BY THE DIVISION, WHEN SHARING SUCH SECURE INFORMATION WITH OTHER AUTHOR-
IZED SHARING ENTITIES, IN ACCORDANCE WITH SUBDIVISION ONE AND TWO OF
THIS SECTION, COULD RESULT IN THE INAPPROPRIATE DISCLOSURE OF SUCH
SECURE INFORMATION.
S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION
PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE DEPARTMENT AND THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
A. 6129--A 25
S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING OF FEES. THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
(A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
(B) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
(C) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
BY THE DIVISION.
3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
GENERAL FUND.
S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
REGISTRY, AND TO OBTAIN PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
RESPECT TO SUCH TERRORIST.
2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
IN THIS SECTION, THE DIVISION SHALL:
(A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
WOULD LIKE TO OBTAIN INFORMATION.
(B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE REGISTRY, THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
(I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
(II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(III) THE DATE OF BIRTH OF THE TERRORIST;
(IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
(V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
(VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
(VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
(VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
(IX) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST;
AND/OR
(X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
(C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH
(B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
(I) THE NAME OF THE TERRORIST;
A. 6129--A 26
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
IST'S PLACE OF EMPLOYMENT;
(V) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
(D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
(I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
(II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
(III) THAT THE CALLER SHALL BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
(IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
(V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
(VI) THAT THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING
THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
POSITIVE IDENTIFICATION OF THAT PERSON;
(VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND
THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
(VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION
OF THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY, IS
AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY
MAIL, UPON REQUEST FROM THE DIVISION.
3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN
A PATTERN OR PRACTICE OF MISUSE OF THE SPECIAL 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 APPRO-
PRIATE 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
4. REPORT OF CALL ACTIVITY. THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
TEE ON GOVERNMENTAL OPERATIONS, ON THE OPERATION OF THE TELEPHONE
A. 6129--A 27
NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING:
(A) THE 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) THE 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) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
DEEM RELEVANT;
(E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
(F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY INFORMATION FROM THE NEW YORK
STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
ARTICLE.
6. ADVERTISEMENT OF SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE SPECIAL TELEPHONE NUMBER ESTAB-
LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
(A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
(I) THE NAME OF THE TERRORIST;
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
(IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
(VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VII) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
(B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
(C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
2. AUTOMATED E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE TERRORIST REGISTRY, IN THE
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE OR ENTITY OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
A. 6129--A 28
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE LIMITED TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
3. NO CHARGE FOR THE USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET DIRECTORY NOR FOR THE RECEIPT OF
E-MAIL NOTIFICATIONS.
4. MISUSE OF THE INTERNET DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF
THE DIRECTORY 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
5. SECURE INFORMATION. THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY
THAT THE DIVISION HAS DEEMED SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT LIMITED TO THE LISTING OF SUCH WEBSITE
ADDRESS ON ITS RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-S. 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 ARTICLE, UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER STATE, LOCAL AND/OR FEDERAL
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 ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST OF
SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF
THIS ARTICLE.
A. 6129--A 29
S 169-U. PENALTY. ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO
THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
S 169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
S 5. The penal law is amended by adding a new section 490.23 to read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
REGISTRY.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE
SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO ARTICLE SIX-D OF THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
2015-A6129B - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Add §§719 & 232, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L
- Versions Introduced in 2017-2018 Legislative Session:
-
A3363
2015-A6129B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6129--B
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, the correction law, the penal law,
and the state finance law, in relation to the establishment of the New
York state terrorist registry
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 the "New York
state terrorist registry act".
S 2. The executive law is amended by adding a new section 719 to read
as follows:
S 719. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-08-5
A. 6129--B 2
SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
S 3. The executive law is amended by adding a new section 232 to read
as follows:
S 232. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT, OR
ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
REQUEST.
S 4. The correction law is amended by adding a new article 6-D to read
as follows:
ARTICLE 6-D
TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
169-B. DEFINITIONS.
169-C. DUTIES OF THE DIVISION.
169-D. REGISTRATION INFORMATION.
169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS.
169-F. EXAMINATION OF POTENTIAL REGISTRANTS.
169-G. INITIAL ASSEMBLY OF THE REGISTRY.
169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
169-I. DUTIES OF THE COURT.
169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO
DISCHARGE OF A TERRORIST.
169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR
PROBATION.
169-L. DURATION OF REGISTRATION AND VERIFICATION.
169-M. NOTIFICATION OF CHANGE OF ADDRESS.
169-N. REGISTRY INFORMATION SHARING.
169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
169-P. REGISTRY AND VERIFICATION FEES.
169-Q. SPECIAL TELEPHONE NUMBER.
169-R. INTERNET DIRECTORY.
169-S. IMMUNITY FROM LIABILITY.
169-T. ANNUAL REPORT.
169-U. PENALTY.
169-V. UNAUTHORIZED RELEASE OF INFORMATION.
169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
169-X. SEPARABILITY.
A. 6129--B 3
S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY OF ANY GOVERNMENT TO PROVIDE FOR THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A PROGRAM OF PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
S 169-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
1. "TERRORIST" MEANS ANY PERSON WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
(A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
(D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
(E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
(F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
(A) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
(B) CONVICTED BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
(C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES, ANY OTHER GOVERNMENT AGENCY OF THE UNITED STATES, OR ANY
A. 6129--B 4
CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
THE GOVERNMENT OF THE UNITED STATES TO MAKE SUCH DETENTIONS, UPON A
DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
(D) DEPORTED OR TRANSPORTED, TO A COUNTRY, OTHER THAN THE UNITED
STATES, BY THE GOVERNMENT OF THE UNITED STATES, OR ANY DEPARTMENT OR
AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-
ITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR
TERRORIST ACTIVITIES; OR
(E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
(A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
(B) IF THE TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
(C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
(D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
6. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
7. "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
FIVE, OF THIS CHAPTER.
8. "OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES" MEANS THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES AS DESCRIBED IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
9. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
11. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO
ARTICLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
12. "INTERNET ACCESS PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
A. 6129--B 5
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
13. "INTERNET SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
14. "INTERNET IDENTIFIERS" MEANS ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
15. "CELLULAR SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION HAS
DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR ANY OTHER OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL FACILITY, HOSPITAL, LOCAL CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
S 169-C. DUTIES OF THE DIVISION. 1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION SET FORTH IN SECTION ONE HUNDRED
SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS TO
DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND
UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN ACCORDANCE WITH SECTION
ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO
THE NEW YORK STATE TERRORIST REGISTRY.
4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORDANCE
WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU-
LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS SHALL BE ADDED TO THE
REGISTRY.
5. STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A. 6129--B 6
A STANDARDIZED VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA-
TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
8. NOTIFICATION OF CHANGE OF ADDRESS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, WHEN A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
12. FINGERPRINT CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
15. INTERNET DIRECTORY. THE DIVISION SHALL ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-H
OF THIS ARTICLE, WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
A. 6129--B 7
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
1. PERSONAL INFORMATION, INCLUDING:
(A) THE TERRORIST'S NAME;
(B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
(C) THE DATE OF BIRTH OF THE TERRORIST;
(D) THE SEX OF THE TERRORIST;
(E) THE RACE OF THE TERRORIST;
(F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
(G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
(H) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
(J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
(K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
(L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
(M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
(N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
2. FORENSIC INFORMATION, INCLUDING:
(A) A PHOTOGRAPH OF THE TERRORIST, TAKEN IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
(B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, COLLECTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
(C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A
REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
(D) A DNA ANALYSIS OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
3. TERRORIST INCIDENT INFORMATION, INCLUDING, FOR EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
(A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
OR DESIGNATED;
(B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
(C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
A. 6129--B 8
SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
(D) THE DATE OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED AS A RESULT OF THE
INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
(A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
EMPLOYED:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
(III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
(B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE
A STUDENT:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
(III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
(A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
(B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
S 169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A
NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
2. STANDARDIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY REGISTER IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED REGISTRATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
AGENCY; AND
A. 6129--B 9
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
3. PERSONALIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED REGISTRATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
5. VERIFICATION PACKET. THE DIVISION SHALL CREATE A NON-FORWARDABLE
VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION FORM, AND A
STANDARDIZED VERIFICATION FORM.
6. STANDARDIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO PROVIDE VERIFICATION. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE
REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH
THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO APPEAR BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
LAW ENFORCEMENT AGENCY; AND
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
7. PERSONALIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
A. 6129--B 10
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION INFORMATION FORM SHALL FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED VERIFICATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
FROM EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE
TERRORIST REGISTRY.
9. AVAILABILITY OF INFORMATION AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
(A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE
UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE;
(B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED
VERIFICATION FORM, PRODUCED IN ACCORDANCE WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE SUBMISSION OF A COMPLETED
COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS-
TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
(C) THE DIVISION SHALL ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER,
WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW
YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE PROVIDED IN A
PERSONALIZED REGISTRATION INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
10. ADVERTISEMENT. THE DIVISION SHALL ADVERTISE ON ITS OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
A. 6129--B 11
12. MAILING OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
13. PURPOSE OF THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED IN ACCORDANCE WITH SUBDIVISION
FIVE OF THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S DUTY AND OBLI-
GATION TO PROVIDE VERIFICATION AS REQUIRED BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH REGISTRANT AS
REQUIRED BY THIS ARTICLE.
14. MAILING OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
15. TIMELINES. WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
(A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN
TEN CALENDAR DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGIS-
TRY;
(B) THE MAILING REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
(C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS
MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
(D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED
STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
A. 6129--B 12
SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA SAMPLE, UNLESS
SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED
SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
(F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE,
REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR
OF THE FAILURE OF THE DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
17. VIOLATIONS. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED
TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
NOTIFY THE DIVISION OF STATE POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE
TO REGISTER IN ACCORDANCE WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
18. LATE FILINGS. THE DIVISION MAY BY REGULATION IDENTIFY CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-F. EXAMINATION OF POTENTIAL REGISTRANTS. 1. GENERALLY. THE
DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS
SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER-
MINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY
THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
A. 6129--B 13
OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI-
SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT
LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY THE
DIVISION, WITHIN FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM AND MANNER PROVIDED BY THE
DIVISION.
4. ESCAPE NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED OFFICIAL OF THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE DIVISION OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND IMMEDIATELY PRIOR TO, THE TIME OF THE
TERRORIST'S CONFINEMENT, WITH:
(A) THE NAME AND ALIASES OF THE TERRORIST;
(B) THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
(C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO BE
SERVED, IF ANY;
(D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
(E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
(F) THE FINGERPRINTS OF THE TERRORIST.
5. PURPOSE. IT SHALL BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND
WHETHER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING ITS EXAMINA-
TIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN NEW
YORK STATE, THE DIVISION SHALL COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
(I) THE DEPARTMENT;
(II) THE DIVISION OF PAROLE;
(III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
(IV) THE DEPARTMENT OF HEALTH;
(V) THE DEPARTMENT OF EDUCATION;
(VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
COURT SYSTEM;
(VII) THE DIVISION OF STATE POLICE;
(VIII) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
AND/OR
(IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
(B) IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS SECTION,
TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR
ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
(I) THE FEDERAL BUREAU OF PRISONS;
A. 6129--B 14
(II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
(III) THE UNITED STATE DEPARTMENT OF STATE;
(IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
(V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
(VI) THE CENTRAL INTELLIGENCE AGENCY;
(VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
(VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
(IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON EXAMINATION IN
ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL ADD A TERRORIST, AS
DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
(A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
(B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
(C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST HAS EVIDENCED ANY INTENTION TO RESIDE, WORK OR ATTEND AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION
IN ACCORDANCE WITH THIS SECTION, AND UPON A FINDING THAT THE PERSON
EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI-
VISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, OR A
VERIFIABLE ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION
OF THE DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME COURT, IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH COURT
ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
9. ADDITION TO THE REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST
REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY,
A. 6129--B 15
AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE
REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND
SUCH REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE EXAMINATIONS
AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-F OF THIS ARTICLE, TO DETERMINE WHAT TERRORISTS SHALL BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI-
NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER
NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. DUTY AND
OBLIGATION TO REGISTER AND VERIFY. ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE
DUTY AND OBLIGATION TO REGISTER AND VERIFY, AND SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS
ARTICLE.
2. SPECIFIC DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL BE REQUIRED, AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
(A) REGISTER UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION FORM, CONTAINING ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH
PREVIOUSLY TAKEN, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH
SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
(D) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
(E) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR DNA SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(F) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
3. CONTINUING DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
A. 6129--B 16
(A) VERIFY UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING ALL THE REQUIRED VERIFICATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) APPEAR TO, AND BE ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(D) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
4. DISCONTINUED DUTIES AND OBLIGATIONS. THE DUTY TO REGISTER AND/OR
VERIFY UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH WAS THE REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
5. CHANGE OF ADDRESS. ANY TERRORIST ADDED TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED
BY THIS ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
S 169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET FORTH IN ARTICLE FOUR HUNDRED
NINETY OF THE PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT, IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO THE NEW YORK STATE
TERRORIST REGISTRY.
(B) IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES AND OBLI-
GATIONS UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION TO MAIL SUCH TERRORIST A
REGISTRATION PACKET IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
(C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERROR-
IST OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE NEW YORK STATE TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(D) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE,
BE INFORMED OF HIS OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT THE TIME
SENTENCE IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
(I) THE COURT SHALL REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN THE PRESENCE OF THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
(II) UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION FORM TO THE DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
A. 6129--B 17
FORM, ADD SUCH PERSON TO THE REGISTRY AND FORWARD THE INFORMATION
COLLECTED TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
(III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE
CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
(IV) FROM THE COMPLETED STANDARDIZED REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED
TO THE NEW YORK STATE TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
(E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION, SHALL BE ADDED BY THE DIVISION TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL REGISTER WITH THE DIVISION, AND PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER. IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE SUPREME
COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION
BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH
PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH
EXAMINATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD SUCH PERSON TO
THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE CERTIF-
ICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
(B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO DIRECT THE DIVISION TO ADD THE PERSON WHO IS THE SUBJECT OF THE
APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH
DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE
ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM
THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL OF SUCH DECISION AND/OR
ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE
DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING
THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
EARLIER.
3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN
ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
A. 6129--B 18
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
(A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO
REMOVE THE REGISTRANT AND THEIR INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
(I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
(II) THE HISTORY AND CHARACTER OF SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
(III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY AND CAPRICIOUS MANNER, FAILED TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
(IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
(B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME COURT
FINDS THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL
FROM THE REGISTRY.
(C) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A PERSON FROM THE NEW YORK
STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL HEAR SUCH APPEAL
WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON FROM THE REGISTRY,
WHICHEVER IS EARLIER. WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL SHALL
NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM THE COURT
DENIES A PETITION TO HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH
SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPARTMENT, WHICH SUCH
APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF THE ORDER DENYING THE PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
S 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST. 1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST,
AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN
SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT
LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF THE TERRORIST, AND
THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY. THE NOTIFICATION REQUIRED BY THIS
A. 6129--B 19
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH
CUSTODY OF SUCH TERRORIST.
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, SHALL INFORM SUCH TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND
MANNER PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR THE FAILURE OF THE TERRORIST TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR TO THE
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE CUSTODY OF THE CONFINEMENT
ENTITY, BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS SUBDIVISION, THE CONFINEMENT ENTITY SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
3. REGISTRATION AT THE FACILITY. IMMEDIATELY AFTER PROVIDING THE
TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT EVERY TERRORIST IN
THEIR CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET READ AND
EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR
PROVIDE ANY OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM THE CONFINEMENT ENTITY, THE ONE
A. 6129--B 20
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH LAW ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY SHALL IMME-
DIATELY RECORD FROM SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE TERRORIST, MAINTAIN ONE COPY OF SUCH
COMPLETED AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION, BY THE MEANS AND
MANNER PROVIDED BY THE DIVISION, THE ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
CONFINEMENT ENTITY SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND PERSONAL INFORMATION OF
ANY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN THE CUSTODY OF THE CONFINEMENT
ENTITY.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY.
S 169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST, AS DEFINED IN
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS OF THE TERRORIST PRIOR TO THE COMMUNITY SUPERVISION OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH OF
COMMUNITY SUPERVISION OR PROBATION OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST FROM THE COMMUNITY SUPERVISION OR
PROBATION. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, OR IF
THE TERRORIST COMMENCES COMMUNITY SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
A. 6129--B 21
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH COMMUNITY SUPER-
VISION OR PROBATION.
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL INFORM SUCH
TERRORIST OF THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED BY THE DIVI-
SION. THE FAILURE OF THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE FAILURE OF
THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION
REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES IS
UNABLE TO NOTIFY THE TERRORIST AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. REGISTRATION BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE
NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PRESENT EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR
PROBATION, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED IN SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT PREVIOUSLY REGISTERED WITH
THE NEW YORK STATE TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTO-
GRAPH, A COMPLETE SET OF FINGERPRINTS, AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE
TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, FOR THE COLLECTION OF THE
INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION,
A. 6129--B 22
THE ONE HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW
ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE DEPARTMENT OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS WHERE THE TERRORIST
EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
THE CONFINEMENT ENTITY'S OWN RECORDS, AND SHALL FURTHER IMMEDIATELY
TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO THE DIVISION, THE INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE CONVICTION DATA AND PERSONAL INFORMATION OF ANY TERRORIST, AS
DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATE DEPARTMENT OF HOMELAND
SECURITY.
S 169-L. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1. DUTY AND OBLIGATION TO
NOTIFY DIVISION OF CHANGE OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
A. 6129--B 23
DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE, IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION
OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
4. NOTIFICATION OF OTHER JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
OF RESIDENCE.
S 169-N. REGISTRY INFORMATION SHARING. 1. SHARING OF INFORMATION WITH
NEW YORK AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE DEPART-
MENT, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL INCLUDE THE
PROVISION OF INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE RECEIPT AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
2. SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE THE NEW YORK
STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS,
INCLUDING BUT NOT LIMITED TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE, NATIONAL AND INTERNATIONAL LAW ENFORCEMENT ENTITIES,
AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY TO THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN CONSULTA-
TION WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND
THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON
A. 6129--B 24
THE NEW YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE WHETHER THE
DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE REGISTRY MAY
CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE STATE OF NEW
YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON
A DETERMINATION THAT ANY PARTICULAR INFORMATION NEEDS TO BE DEEMED
SECURE, THE DIVISION SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC
ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION FROM THE REQUIRE-
MENTS OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-R OF THIS ARTICLE, OR PROVIDING OF SUCH INFORMATION
THROUGH THE SPECIAL TELEPHONE NUMBER IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY INFORMATION DEEMED SECURE
PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF
THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT
PARTICULAR INFORMATION SHALL BE DEEMED SECURE, PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, PREVENT THE DIVISION FROM SHARING SUCH SECURE
INFORMATION WITH ANY ENTITY IDENTIFIED FOR THE REGISTRY INFORMATION
SHARING PURSUANT TO THIS SECTION, BUT THE DIVISION MAY PLACE SHARING
RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED BY THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, WHEN SHARING SUCH SECURE
INFORMATION WITH OTHER AUTHORIZED SHARING ENTITIES, IN ACCORDANCE WITH
SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI-
ATE DISCLOSURE OF SUCH SECURE INFORMATION.
S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION
PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE DEPARTMENT AND THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
A. 6129--B 25
4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING OF FEES. THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
(A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
(B) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
(C) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
BY THE DIVISION.
3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
GENERAL FUND.
S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
REGISTRY, AND TO OBTAIN PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
RESPECT TO SUCH TERRORIST.
2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
IN THIS SECTION, THE DIVISION SHALL:
(A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
WOULD LIKE TO OBTAIN INFORMATION.
(B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE REGISTRY, THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
(I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
(II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(III) THE DATE OF BIRTH OF THE TERRORIST;
(IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
(V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
(VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
(VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
(VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
(IX) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST;
AND/OR
(X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
(C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH
A. 6129--B 26
(B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
(I) THE NAME OF THE TERRORIST;
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
IST'S PLACE OF EMPLOYMENT;
(V) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
(D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
(I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
(II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
(III) THAT THE CALLER SHALL BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
(IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
(V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
(VI) THAT THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING
THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
POSITIVE IDENTIFICATION OF THAT PERSON;
(VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND
THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
(VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION
OF THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY, IS
AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY
MAIL, UPON REQUEST FROM THE DIVISION.
3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN
A PATTERN OR PRACTICE OF MISUSE OF THE SPECIAL 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 APPRO-
PRIATE 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
4. REPORT OF CALL ACTIVITY. THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
A. 6129--B 27
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
TEE ON GOVERNMENTAL OPERATIONS, ON THE OPERATION OF THE TELEPHONE
NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING:
(A) THE 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) THE 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) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
DEEM RELEVANT;
(E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
(F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY INFORMATION FROM THE NEW YORK
STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
ARTICLE.
6. ADVERTISEMENT OF SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE SPECIAL TELEPHONE NUMBER ESTAB-
LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
(A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
(I) THE NAME OF THE TERRORIST;
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
(IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
(VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VII) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
(B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
(C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
2. AUTOMATED E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE TERRORIST REGISTRY, IN THE
A. 6129--B 28
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE OR ENTITY OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE LIMITED TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
3. NO CHARGE FOR THE USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET DIRECTORY NOR FOR THE RECEIPT OF
E-MAIL NOTIFICATIONS.
4. MISUSE OF THE INTERNET DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF
THE DIRECTORY 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
5. SECURE INFORMATION. THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY
THAT THE DIVISION HAS DEEMED SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT LIMITED TO THE LISTING OF SUCH WEBSITE
ADDRESS ON ITS RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-S. 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 ARTICLE, UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER STATE, LOCAL AND/OR FEDERAL
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 ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST OF
SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
A. 6129--B 29
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF
THIS ARTICLE.
S 169-U. PENALTY. ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO
THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
S 169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL GOVERN-
MENTS. ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION TO THE
STATE COMPTROLLER FOR REIMBURSEMENT OF SUCH COST. APPLICATION FOR
REIMBURSEMENT FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER AS
REQUIRED BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY SUCH
A LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH HAS
BEEN VERIFIED BY THE STATE COMPTROLLER AS HAVING BEEN INCURRED BY THE
LOCAL GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE
LAW, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE
DIRECTOR OF THE BUDGET.
2. STATE AGENCY. ANY STATE AGENCY, WHICH HAS INCURRED ANY COST FOR
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION
TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE
IN SUCH STATE AGENCY'S BUDGET, IN DIRECT RELATION TO SUCH COST SO
INCURRED. APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN
DIRECT RELATION TO SUCH COST INCURRED, SHALL BE IN THE FORM AND MANNER
AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE
STATE COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED BY
THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR-
IZED BY THIS SUBDIVISION, SHALL BE IN DIRECT RELATION TO SUCH COST
INCURRED BY SUCH STATE AGENCY, AND SHALL BE CHARGED FROM THE TERRORIST
REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION BY THE
LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET.
3. NOTIFICATION OF THE GOVERNOR AND THE LEGISLATURE. NOT LATER THAN
THE FIRST DAY OF MARCH, THE STATE COMPTROLLER AND THE DIRECTOR OF THE
BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY, OF THE FISCAL AMOUNTS REQUESTED IN
APPLICATIONS FOR REIMBURSEMENT FOR COSTS INCURRED BY LOCAL GOVERNMENTS
UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN STATE AGENCIES' BUDGETS UNDER THIS SECTION, DURING THE PREVIOUS
TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
S 169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
A. 6129--B 30
S 5. The penal law is amended by adding a new section 490.23 to read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
REGISTRY.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE
SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO ARTICLE SIX-D OF THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
S 6. The state finance law is amended by adding a new section 97-aaaa
to read as follows:
S 97-AAAA. TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A FUND TO BE
KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT".
2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF:
(A) MONIES RECEIVED BY THE STATE PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW;
(B) MONIES RECEIVED BY THE STATE AND DIRECTED TO BE PAID TO THE
ACCOUNT UPON ORDER OF ANY COURT OF:
(I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK;
(II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR
(III) THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE UNIFORM
CODE OF MILITARY JUSTICE, AND
(C) ALL OTHER MONIES, FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES
CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE.
3. MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, FOLLOW-
ING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF
THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL GOVERNMENTS AND STATE
AGENCIES PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION
LAW.
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
2015-A6129C (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Add §§719 & 232, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L
- Versions Introduced in 2017-2018 Legislative Session:
-
A3363
2015-A6129C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6129--C
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Governmental Operations in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, the correction law, the penal law,
and the state finance law, in relation to the establishment of the New
York state terrorist registry
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 the "New York
state terrorist registry act".
S 2. The executive law is amended by adding a new section 719 to read
as follows:
S 719. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
3. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH ANY AND ALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-10-6
A. 6129--C 2
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
S 3. The executive law is amended by adding a new section 233 to read
as follows:
S 233. TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
2. UPON REQUEST, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT, OR
ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
REQUEST.
S 4. The correction law is amended by adding a new article 6-D to read
as follows:
ARTICLE 6-D
TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
169-B. DEFINITIONS.
169-C. DUTIES OF THE DIVISION.
169-D. REGISTRATION INFORMATION.
169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS.
169-F. EXAMINATION OF POTENTIAL REGISTRANTS.
169-G. INITIAL ASSEMBLY OF THE REGISTRY.
169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
169-I. DUTIES OF THE COURT.
169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO
DISCHARGE OF A TERRORIST.
169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR
PROBATION.
169-L. DURATION OF REGISTRATION AND VERIFICATION.
169-M. NOTIFICATION OF CHANGE OF ADDRESS.
169-N. REGISTRY INFORMATION SHARING.
169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
169-P. REGISTRY AND VERIFICATION FEES.
169-Q. SPECIAL TELEPHONE NUMBER.
169-R. INTERNET DIRECTORY.
169-S. IMMUNITY FROM LIABILITY.
169-T. ANNUAL REPORT.
169-U. PENALTY.
169-V. UNAUTHORIZED RELEASE OF INFORMATION.
169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
169-X. SEPARABILITY.
A. 6129--C 3
S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY OF ANY GOVERNMENT TO PROVIDE FOR THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A PROGRAM OF PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
S 169-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
1. "TERRORIST" MEANS ANY PERSON WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
(A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
(D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
(E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
(F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
(A) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
(B) CONVICTED BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
(C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES, ANY OTHER GOVERNMENT AGENCY OF THE UNITED STATES, OR ANY
A. 6129--C 4
CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
THE GOVERNMENT OF THE UNITED STATES TO MAKE SUCH DETENTIONS, UPON A
DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
(D) DEPORTED OR TRANSPORTED, TO A COUNTRY, OTHER THAN THE UNITED
STATES, BY THE GOVERNMENT OF THE UNITED STATES, OR ANY DEPARTMENT OR
AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-
ITIES, OR THE HARBORING, SUPPORT AND/OR PROMOTION OF TERRORISTS OR
TERRORIST ACTIVITIES; OR
(E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES CENTRAL INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
(A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
(B) IF THE TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
(C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
(D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
6. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
7. "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
FIVE, OF THIS CHAPTER.
8. "OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES" MEANS THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES AS DESCRIBED IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
9. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
11. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO
ARTICLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
12. "INTERNET ACCESS PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
A. 6129--C 5
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
13. "INTERNET SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
14. "INTERNET IDENTIFIERS" MEANS ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
15. "CELLULAR SERVICE PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION HAS
DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR ANY OTHER OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL FACILITY, HOSPITAL, LOCAL CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
S 169-C. DUTIES OF THE DIVISION. 1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION SET FORTH IN SECTION ONE HUNDRED
SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS TO
DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND
UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN ACCORDANCE WITH SECTION
ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO
THE NEW YORK STATE TERRORIST REGISTRY.
4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORDANCE
WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU-
LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS SHALL BE ADDED TO THE
REGISTRY.
5. STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A. 6129--C 6
A STANDARDIZED VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA-
TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
8. NOTIFICATION OF CHANGE OF ADDRESS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, WHEN A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION INDEX, MAINTAINED PURSUANT TO SECTION NINE HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
12. FINGERPRINT CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
15. INTERNET DIRECTORY. THE DIVISION SHALL ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-H
OF THIS ARTICLE, WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
A. 6129--C 7
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
1. PERSONAL INFORMATION, INCLUDING:
(A) THE TERRORIST'S NAME;
(B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
(C) THE DATE OF BIRTH OF THE TERRORIST;
(D) THE SEX OF THE TERRORIST;
(E) THE RACE OF THE TERRORIST;
(F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
(G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
(H) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
(J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
(K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
(L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
(M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
(N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
2. FORENSIC INFORMATION, INCLUDING:
(A) A PHOTOGRAPH OF THE TERRORIST, TAKEN IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
(B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, COLLECTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
(C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A
REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
(D) A DNA ANALYSIS OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
3. TERRORIST INCIDENT INFORMATION, INCLUDING, FOR EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
(A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
OR DESIGNATED;
(B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
(C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
A. 6129--C 8
SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
(D) THE DATE OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED AS A RESULT OF THE
INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
(A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
EMPLOYED:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
(III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
(B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE
A STUDENT:
(I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
(II) A COMPLETE DESCRIPTION OF THE TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
(III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
(A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
(B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
S 169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A
NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
2. STANDARDIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY REGISTER IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED REGISTRATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
AGENCY; AND
A. 6129--C 9
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
3. PERSONALIZED REGISTRATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED REGISTRATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED REGISTRATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
5. VERIFICATION PACKET. THE DIVISION SHALL CREATE A NON-FORWARDABLE
VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION FORM, AND A
STANDARDIZED VERIFICATION FORM.
6. STANDARDIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A STANDARDIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
(A) DUTY AND OBLIGATION TO PROVIDE VERIFICATION. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING THE
REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH
THE DIVISION;
(B) FURTHER DUTIES AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
(C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, INCLUDING:
(I) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
(II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW TO APPEAR BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
LAW ENFORCEMENT AGENCY; AND
(III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
7. PERSONALIZED VERIFICATION INFORMATION FORM. THE DIVISION SHALL
CREATE A PERSONALIZED VERIFICATION INFORMATION FORM, IN CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
A. 6129--C 10
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION INFORMATION FORM SHALL FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED VERIFICATION FORM, IN CLEAR AND CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
FROM EVERY TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE
TERRORIST REGISTRY.
9. AVAILABILITY OF INFORMATION AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
(A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE
UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE;
(B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION INFORMATION FORM AND THE STANDARDIZED
VERIFICATION FORM, PRODUCED IN ACCORDANCE WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE SUBMISSION OF A COMPLETED
COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS-
TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
(C) THE DIVISION SHALL ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER,
WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW
YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE PROVIDED IN A
PERSONALIZED REGISTRATION INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
10. ADVERTISEMENT. THE DIVISION SHALL ADVERTISE ON ITS OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER AS REQUIRED BY THIS ARTICLE, AND TO COLLECT THE NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
A. 6129--C 11
12. MAILING OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
13. PURPOSE OF THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED IN ACCORDANCE WITH SUBDIVISION
FIVE OF THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S DUTY AND OBLI-
GATION TO PROVIDE VERIFICATION AS REQUIRED BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH REGISTRANT AS
REQUIRED BY THIS ARTICLE.
14. MAILING OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
15. TIMELINES. WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
(A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN
TEN CALENDAR DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGIS-
TRY;
(B) THE MAILING REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
(C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS
MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
(D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE
VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED
STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
(E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
A. 6129--C 12
SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA SAMPLE, UNLESS
SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED
SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
(F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE,
REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR
OF THE FAILURE OF THE DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
17. VIOLATIONS. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED
TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
NOTIFY THE DIVISION OF STATE POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE
TO REGISTER IN ACCORDANCE WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
18. LATE FILINGS. THE DIVISION MAY BY REGULATION IDENTIFY CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-F. EXAMINATION OF POTENTIAL REGISTRANTS. 1. GENERALLY. THE
DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS
SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER-
MINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY
THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
A. 6129--C 13
OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI-
SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT
LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY THE
DIVISION, WITHIN FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM AND MANNER PROVIDED BY THE
DIVISION.
4. ESCAPE NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED OFFICIAL OF THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE DIVISION OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND IMMEDIATELY PRIOR TO, THE TIME OF THE
TERRORIST'S CONFINEMENT, WITH:
(A) THE NAME AND ALIASES OF THE TERRORIST;
(B) THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
(C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO BE
SERVED, IF ANY;
(D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
(E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
(F) THE FINGERPRINTS OF THE TERRORIST.
5. PURPOSE. IT SHALL BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND
WHETHER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING ITS EXAMINA-
TIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN NEW
YORK STATE, THE DIVISION SHALL COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
(I) THE DEPARTMENT;
(II) THE DIVISION OF PAROLE;
(III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
(IV) THE DEPARTMENT OF HEALTH;
(V) THE DEPARTMENT OF EDUCATION;
(VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
COURT SYSTEM;
(VII) THE DIVISION OF STATE POLICE;
(VIII) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
AND/OR
(IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
(B) IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS SECTION,
TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR
ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
(I) THE FEDERAL BUREAU OF PRISONS;
A. 6129--C 14
(II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
(III) THE UNITED STATE DEPARTMENT OF STATE;
(IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
(V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
(VI) THE CENTRAL INTELLIGENCE AGENCY;
(VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
(VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
(IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON EXAMINATION IN
ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL ADD A TERRORIST, AS
DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
(A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
(B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
(C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST HAS EVIDENCED ANY INTENTION TO RESIDE, WORK OR ATTEND AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION
IN ACCORDANCE WITH THIS SECTION, AND UPON A FINDING THAT THE PERSON
EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI-
VISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, OR A
VERIFIABLE ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION
OF THE DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME COURT, IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH COURT
ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
9. ADDITION TO THE REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST
REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY,
A. 6129--C 15
AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE
REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND
SUCH REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE EXAMINATIONS
AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-F OF THIS ARTICLE, TO DETERMINE WHAT TERRORISTS SHALL BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI-
NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER
NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. DUTY AND
OBLIGATION TO REGISTER AND VERIFY. ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE
DUTY AND OBLIGATION TO REGISTER AND VERIFY, AND SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS
ARTICLE.
2. SPECIFIC DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL BE REQUIRED, AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
(A) REGISTER UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION FORM, CONTAINING ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH
PREVIOUSLY TAKEN, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH
SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
(D) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
(E) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR DNA SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(F) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
3. CONTINUING DUTIES AND OBLIGATIONS. ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
A. 6129--C 16
(A) VERIFY UNDER THIS ARTICLE;
(B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING ALL THE REQUIRED VERIFICATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
(C) APPEAR TO, AND BE ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
(D) PROVIDE THE DIVISION WITH ANY OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
4. DISCONTINUED DUTIES AND OBLIGATIONS. THE DUTY TO REGISTER AND/OR
VERIFY UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH WAS THE REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
5. CHANGE OF ADDRESS. ANY TERRORIST ADDED TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED
BY THIS ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
S 169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET FORTH IN ARTICLE FOUR HUNDRED
NINETY OF THE PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT, IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO THE NEW YORK STATE
TERRORIST REGISTRY.
(B) IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES AND OBLI-
GATIONS UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION TO MAIL SUCH TERRORIST A
REGISTRATION PACKET IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
(C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERROR-
IST OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE NEW YORK STATE TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(D) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE,
BE INFORMED OF HIS OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT THE TIME
SENTENCE IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
(I) THE COURT SHALL REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN THE PRESENCE OF THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
(II) UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION FORM TO THE DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
A. 6129--C 17
FORM, ADD SUCH PERSON TO THE REGISTRY AND FORWARD THE INFORMATION
COLLECTED TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
(III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE
CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
(IV) FROM THE COMPLETED STANDARDIZED REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED
TO THE NEW YORK STATE TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
(E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION, SHALL BE ADDED BY THE DIVISION TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL REGISTER WITH THE DIVISION, AND PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER. IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE SUPREME
COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION
BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH
PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH
EXAMINATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR FACILITATING
A TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD SUCH PERSON TO
THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE CERTIF-
ICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL ADD
SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
PERSON WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
(B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO DIRECT THE DIVISION TO ADD THE PERSON WHO IS THE SUBJECT OF THE
APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH
DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE
ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM
THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL OF SUCH DECISION AND/OR
ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE
DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING
THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
EARLIER.
3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN
ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
A. 6129--C 18
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
(A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO
REMOVE THE REGISTRANT AND THEIR INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
(I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
(II) THE HISTORY AND CHARACTER OF SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
(III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY AND CAPRICIOUS MANNER, FAILED TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
(IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
(B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME COURT
FINDS THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL
FROM THE REGISTRY.
(C) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A PERSON FROM THE NEW YORK
STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL HEAR SUCH APPEAL
WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON FROM THE REGISTRY,
WHICHEVER IS EARLIER. WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL SHALL
NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM THE COURT
DENIES A PETITION TO HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH
SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPARTMENT, WHICH SUCH
APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF THE ORDER DENYING THE PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
S 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST. 1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST,
AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN
SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT
LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF THE TERRORIST, AND
THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY. THE NOTIFICATION REQUIRED BY THIS
A. 6129--C 19
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH
CUSTODY OF SUCH TERRORIST.
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, SHALL INFORM SUCH TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND
MANNER PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR THE FAILURE OF THE TERRORIST TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR TO THE
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE CUSTODY OF THE CONFINEMENT
ENTITY, BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS SUBDIVISION, THE CONFINEMENT ENTITY SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
3. REGISTRATION AT THE FACILITY. IMMEDIATELY AFTER PROVIDING THE
TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT EVERY TERRORIST IN
THEIR CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET READ AND
EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION, OR
PROVIDE ANY OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM THE CONFINEMENT ENTITY, THE ONE
A. 6129--C 20
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH LAW ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY SHALL IMME-
DIATELY RECORD FROM SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE TERRORIST, MAINTAIN ONE COPY OF SUCH
COMPLETED AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION, BY THE MEANS AND
MANNER PROVIDED BY THE DIVISION, THE ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
CONFINEMENT ENTITY SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND PERSONAL INFORMATION OF
ANY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN THE CUSTODY OF THE CONFINEMENT
ENTITY.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY.
S 169-K. RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST, AS DEFINED IN
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS OF THE TERRORIST PRIOR TO THE COMMUNITY SUPERVISION OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH OF
COMMUNITY SUPERVISION OR PROBATION OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST FROM THE COMMUNITY SUPERVISION OR
PROBATION. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, OR IF
THE TERRORIST COMMENCES COMMUNITY SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
A. 6129--C 21
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH COMMUNITY SUPER-
VISION OR PROBATION.
2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL INFORM SUCH
TERRORIST OF THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED BY THE DIVI-
SION. THE FAILURE OF THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE FAILURE OF
THE TERRORIST TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION
REQUIRED BY THIS SUBDIVISION SHALL TAKE PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES IS
UNABLE TO NOTIFY THE TERRORIST AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
3. REGISTRATION BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH THE
NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL
PRESENT EVERY TERRORIST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON COMMUNITY SUPERVISION OR
PROBATION, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED IN SUBDIVI-
SION ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
(A) COMPLETE AND SIGN THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
(B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
(C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
(D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT PREVIOUSLY REGISTERED WITH
THE NEW YORK STATE TERRORIST REGISTRY, WITHOUT FIRST OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTO-
GRAPH, A COMPLETE SET OF FINGERPRINTS, AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
5. SATISFACTION OF DUTY TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, FROM THE
TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, FOR THE COLLECTION OF THE
INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION,
A. 6129--C 22
THE ONE HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW
ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
6. RECORDING OF ADDRESS. UPON THE COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE DEPARTMENT OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
SUCH STANDARDIZED REGISTRATION FORM, THE ADDRESS WHERE THE TERRORIST
EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
ADDRESS.
7. TRANSMISSION OF THE STANDARDIZED REGISTRATION FORM. UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
THE CONFINEMENT ENTITY'S OWN RECORDS, AND SHALL FURTHER IMMEDIATELY
TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO THE DIVISION, THE INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
9. CONVICTION DATA AND PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION MAY REQUEST, AND THE
DEPARTMENT OR THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE CONVICTION DATA AND PERSONAL INFORMATION OF ANY TERRORIST, AS
DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION OF THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATE DEPARTMENT OF HOMELAND
SECURITY.
S 169-L. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1. DUTY AND OBLIGATION TO
NOTIFY DIVISION OF CHANGE OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
A. 6129--C 23
DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTICLE, IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION
OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
4. NOTIFICATION OF OTHER JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
OF RESIDENCE.
S 169-N. REGISTRY INFORMATION SHARING. 1. SHARING OF INFORMATION WITH
NEW YORK AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE DEPART-
MENT, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, THE UNITED STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL INCLUDE THE
PROVISION OF INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE RECEIPT AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
2. SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE THE NEW YORK
STATE TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS,
INCLUDING BUT NOT LIMITED TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE, NATIONAL AND INTERNATIONAL LAW ENFORCEMENT ENTITIES,
AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY TO THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN CONSULTA-
TION WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND
THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON
A. 6129--C 24
THE NEW YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE WHETHER THE
DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE REGISTRY MAY
CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE STATE OF NEW
YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON
A DETERMINATION THAT ANY PARTICULAR INFORMATION NEEDS TO BE DEEMED
SECURE, THE DIVISION SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC
ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION FROM THE REQUIRE-
MENTS OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-R OF THIS ARTICLE, OR PROVIDING OF SUCH INFORMATION
THROUGH THE SPECIAL TELEPHONE NUMBER IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY INFORMATION DEEMED SECURE
PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF
THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT
PARTICULAR INFORMATION SHALL BE DEEMED SECURE, PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, PREVENT THE DIVISION FROM SHARING SUCH SECURE
INFORMATION WITH ANY ENTITY IDENTIFIED FOR THE REGISTRY INFORMATION
SHARING PURSUANT TO THIS SECTION, BUT THE DIVISION MAY PLACE SHARING
RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED BY THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, WHEN SHARING SUCH SECURE
INFORMATION WITH OTHER AUTHORIZED SHARING ENTITIES, IN ACCORDANCE WITH
SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI-
ATE DISCLOSURE OF SUCH SECURE INFORMATION.
S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION
PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE DEPARTMENT AND THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
A. 6129--C 25
4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING OF FEES. THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
(A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
(B) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
(C) CHARGE A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
BY THE DIVISION.
3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
GENERAL FUND.
S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
REGISTRY, AND TO OBTAIN PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
RESPECT TO SUCH TERRORIST.
2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
IN THIS SECTION, THE DIVISION SHALL:
(A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
WOULD LIKE TO OBTAIN INFORMATION.
(B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED ON THE REGISTRY, THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
(I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
(II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
(III) THE DATE OF BIRTH OF THE TERRORIST;
(IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
(V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
(VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
(VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
(VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
(IX) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST;
AND/OR
(X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
(C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH
A. 6129--C 26
(B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
(I) THE NAME OF THE TERRORIST;
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
IST'S PLACE OF EMPLOYMENT;
(V) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
(D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
(I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
(II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
(III) THAT THE CALLER SHALL BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
(IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
(V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
(VI) THAT THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING
THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
POSITIVE IDENTIFICATION OF THAT PERSON;
(VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND
THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
(VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION
OF THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY, IS
AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY
MAIL, UPON REQUEST FROM THE DIVISION.
3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN
A PATTERN OR PRACTICE OF MISUSE OF THE SPECIAL 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 APPRO-
PRIATE 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
4. REPORT OF CALL ACTIVITY. THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
A. 6129--C 27
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
TEE ON GOVERNMENTAL OPERATIONS, ON THE OPERATION OF THE TELEPHONE
NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING:
(A) THE 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) THE 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) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
DEEM RELEVANT;
(E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
(F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY INFORMATION FROM THE NEW YORK
STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
ARTICLE.
6. ADVERTISEMENT OF SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE SPECIAL TELEPHONE NUMBER ESTAB-
LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
(A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
(I) THE NAME OF THE TERRORIST;
(II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
(III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
(IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
(V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
(VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
(VII) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
(B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
(C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
2. AUTOMATED E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE TERRORIST REGISTRY, IN THE
A. 6129--C 28
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE OR ENTITY OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE LIMITED TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
3. NO CHARGE FOR THE USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET DIRECTORY NOR FOR THE RECEIPT OF
E-MAIL NOTIFICATIONS.
4. MISUSE OF THE INTERNET DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE OF
THE DIRECTORY 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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.
5. SECURE INFORMATION. THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY
THAT THE DIVISION HAS DEEMED SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT LIMITED TO THE LISTING OF SUCH WEBSITE
ADDRESS ON ITS RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 169-S. 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 ARTICLE, UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER STATE, LOCAL AND/OR FEDERAL
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 ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST OF
SEPTEMBER IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILI-
TARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
A. 6129--C 29
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF
THIS ARTICLE.
S 169-U. PENALTY. ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, PURSUANT TO
THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
S 169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL GOVERN-
MENTS. ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION TO THE
STATE COMPTROLLER FOR REIMBURSEMENT OF SUCH COST. APPLICATION FOR
REIMBURSEMENT FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER AS
REQUIRED BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY SUCH
A LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH HAS
BEEN VERIFIED BY THE STATE COMPTROLLER AS HAVING BEEN INCURRED BY THE
LOCAL GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE
LAW, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE
DIRECTOR OF THE BUDGET.
2. STATE AGENCY. ANY STATE AGENCY, WHICH HAS INCURRED ANY COST FOR
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION
TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE
IN SUCH STATE AGENCY'S BUDGET, IN DIRECT RELATION TO SUCH COST SO
INCURRED. APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN
DIRECT RELATION TO SUCH COST INCURRED, SHALL BE IN THE FORM AND MANNER
AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE
STATE COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED BY
THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR-
IZED BY THIS SUBDIVISION, SHALL BE IN DIRECT RELATION TO SUCH COST
INCURRED BY SUCH STATE AGENCY, AND SHALL BE CHARGED FROM THE TERRORIST
REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION BY THE
LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET.
3. NOTIFICATION OF THE GOVERNOR AND THE LEGISLATURE. NOT LATER THAN
THE FIRST DAY OF MARCH, THE STATE COMPTROLLER AND THE DIRECTOR OF THE
BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY, OF THE FISCAL AMOUNTS REQUESTED IN
APPLICATIONS FOR REIMBURSEMENT FOR COSTS INCURRED BY LOCAL GOVERNMENTS
UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN STATE AGENCIES' BUDGETS UNDER THIS SECTION, DURING THE PREVIOUS
TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
S 169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
A. 6129--C 30
S 5. The penal law is amended by adding a new section 490.23 to read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
REGISTRY.
A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE
SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO ARTICLE SIX-D OF THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
S 6. The state finance law is amended by adding a new section 97-aaaa
to read as follows:
S 97-AAAA. TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A FUND TO BE
KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT".
2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF:
(A) MONIES RECEIVED BY THE STATE PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW;
(B) MONIES RECEIVED BY THE STATE AND DIRECTED TO BE PAID TO THE
ACCOUNT UPON ORDER OF ANY COURT OF:
(I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK;
(II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR
(III) THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE UNIFORM
CODE OF MILITARY JUSTICE, AND
(C) ALL OTHER MONIES, FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES
CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE.
3. MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT, FOLLOW-
ING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF
THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL GOVERNMENTS AND STATE
AGENCIES PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION
LAW.
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
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