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

                                  6658

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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

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

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
law".
  S  2.  The  penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
S 195.03 FAILURE TO REGISTER OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER
           IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC
VIOLENCE OFFENDER IN THE SECOND DEGREE WHEN, BEING A  DOMESTIC  VIOLENCE
OFFENDER REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-B OF THE
CORRECTION  LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER
           IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
VIOLENCE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN  THE
SECOND  DEGREE  AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER
OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 195.03 OF THIS ARTICLE.
  FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE
FIRST DEGREE IS A CLASS D FELONY.
  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                   DOMESTIC VIOLENCE REGISTRATION ACT
SECTION 165.   DEFINITIONS.

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

                                                           LBD13912-02-6

S. 6658                             2

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

S. 6658                             3

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

S. 6658                             4

REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTI-
CLE.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF  THE  DOMESTIC  VIOLENCE  OFFENDER  FOR  ANNUAL
VERIFICATION REQUIREMENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
VIOLENCE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE  OF  HIS
OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY  THIS  ARTICLE.  THE  FEE
SHALL  BE  PAID  TO  THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE
STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT  SUCH  FEES  INTO  THE
DOMESTIC  VIOLENCE  AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY  CHAPTER  SIX  HUNDRED
THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
  8.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
REGISTRY TO SUCH PERSONS.
  9.  THE  DIVISION  SHALL,  UPON THE REQUEST OF ANY AUTHORIZED INTERNET
ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS  THAT  WOULD  ENABLE
SUCH  ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
SERVICES OR, IN CONFORMITY  WITH  STATE  AND  FEDERAL  LAW,  ADVISE  LAW
ENFORCEMENT  AND/OR  OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY  THAT  REQUESTS
INFORMATION  FROM  THE  REGISTRY  TO  SUBMIT  TO  THE DIVISION THE NAME,
ADDRESS AND TELEPHONE NUMBER OF  SUCH  ENTITY  AND  THE  SPECIFIC  LEGAL
NATURE  AND  CORPORATE  STATUS  OF  SUCH ENTITY. EXCEPT FOR THE PURPOSES
SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY  SHALL  NOT
PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO
IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE
AN  AUTHORIZED  INTERNET  ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET
IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS  SUBDIVISION.  THE
DIVISION  SHALL  PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES
FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT-
ED TO, THE DISCLOSURE AND REDISCLOSURE  OF  SUCH  INFORMATION,  AND  THE
IMPOSITION OF ANY FEES.
  S  165-B.  DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF  THE
DEPARTMENT,  HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
DAR DAYS PRIOR TO THE RELEASE OR  DISCHARGE  OF  ANY  DOMESTIC  VIOLENCE
OFFENDER  FROM  A  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE
OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON
A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT  WHICH  HE  OR
SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF
HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES

S. 6658                             5

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

S. 6658                             6

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

S. 6658                             7

  (B) THE VERIFICATION FORM SHALL BE SIGNED  BY  THE  DOMESTIC  VIOLENCE
OFFENDER,  AND  STATE  THAT  HE OR SHE STILL RESIDES AT THE ADDRESS LAST
REPORTED TO THE DIVISION.
  (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
CATION  FORM  TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS  HE  OR
SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
  (D)  IF  THE  DOMESTIC  VIOLENCE  OFFENDER,  TO WHOM A NOTICE HAS BEEN
MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE,  FAILS  TO
PERSONALLY  APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
WITHIN  TWENTY  DAYS  OF  THE  ANNIVERSARY  OF  THE  DOMESTIC   VIOLENCE
OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN
VIOLATION OF THIS SECTION.  THE  DUTY  TO  PERSONALLY  APPEAR  FOR  SUCH
UPDATED  PHOTOGRAPH  SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH THE DOMESTIC VIOLENCE OFFENDER IS  CONFINED  IN  ANY  HOSPITAL  OR
INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
SUCH  HOSPITAL  OR  INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION  NO
LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER  EDUCATION.  A  FEE  OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION
SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A  OF  THIS  ARTICLE,  SHALL  BE
SUBMITTED  BY  THE  DOMESTIC  VIOLENCE  OFFENDER EACH TIME SUCH OFFENDER
REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS  OR
ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION. ANY FAILURE OR OMISSION TO  SUBMIT  THE  REQUIRED  FEE
SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS
OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  DOMESTIC VIOLENCE OFFENDER WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS FOURTEEN AND FIFTEEN OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF
THIS  CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS
OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER
OR  NONRESIDENT  STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCA-
TIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER  OR  NONRESIDENT
STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT
OR  EDUCATIONAL  INSTITUTION  ADDRESS  NO LATER THAN TEN DAYS AFTER SUCH
CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
AGENCY'S JURISDICTION.
  S 165-F. PRIOR CONVICTIONS;  DUTY  TO  INFORM  AND  REGISTER.  1.  THE
DEPARTMENT  OF  PAROLE  OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES IN ACCORDANCE WITH RISK FACTORS PURSUANT  TO  THIS  ARTICLE  SHALL
DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY DOMES-
TIC  VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN
ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-FIVE OF THIS ARTICLE.

S. 6658                             8

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

S. 6658                             9

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

S. 6658                            10

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

S. 6658                            11

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