S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    65
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the correction  law,  in  relation  to
   establishing "Brittany's law"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  "Brittany's
 law".
   §  2.  The  penal law is amended by adding two new sections 195.03 and
 195.04 to read as follows:
 § 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.
 § 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER
            IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
 VIOLENCE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
 OF FAILURE TO REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN  THE
 SECOND  DEGREE  AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER
 OR VERIFY AS A DOMESTIC  VIOLENCE  OFFENDER  IN  THE  SECOND  DEGREE  AS
 DEFINED IN SECTION 195.03 OF THIS ARTICLE.
   FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC VIOLENCE OFFENDER IN THE
 FIRST DEGREE IS A CLASS D FELONY.

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

                                                            LBD05964-01-7

 S. 65                               2
 
   § 3. The correction law is amended by adding a new article 6-B to read
 as follows:
                                ARTICLE 6-B
                    DOMESTIC VIOLENCE REGISTRATION ACT
 SECTION 165.   DEFINITIONS.
         165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
         165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION.
         165-C. DUTIES OF THE COURT.
         165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
                  FACILITY; DUTIES OF OFFICIAL IN CHARGE.
         165-E. DUTY TO REGISTER AND TO VERIFY.
         165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
         165-G. DURATION OF REGISTRATION AND VERIFICATION.
         165-H. REGISTRATION AND VERIFICATION REQUIREMENTS.
         165-I. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                  OF ADDRESS.
         165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
         165-K. SPECIAL TELEPHONE NUMBER.
         165-L. IMMUNITY FROM LIABILITY.
         165-M. ANNUAL REPORT.
         165-N. FAILURE TO REGISTER; PENALTY.
         165-O. UNAUTHORIZED RELEASE OF INFORMATION.
   § 165. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
 APPLY:
   1. "DOMESTIC VIOLENCE OFFENDER" INCLUDES ANY PERSON WHO  IS  CONVICTED
 OF ANY OF THE DOMESTIC VIOLENCE OFFENSES SET FORTH IN SUBDIVISION TWO OF
 THIS  SECTION.  CONVICTIONS  THAT  RESULT FROM OR ARE CONNECTED WITH THE
 SAME ACT, OR RESULT FROM OFFENSES COMMITTED AT THE SAME TIME,  SHALL  BE
 COUNTED  FOR  THE  PURPOSE  OF  THIS  ARTICLE  AS  ONE  CONVICTION.  ANY
 CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF
 THIS ARTICLE.
   2. "DOMESTIC VIOLENCE OFFENSE" MEANS  THE  CONVICTION  OF  ANY  FELONY
 OFFENSE  DEFINED  IN  THE  PENAL  LAW  WHEN  THE VICTIM OF SUCH CRIME OR
 OFFENSE IS A FAMILY OR HOUSEHOLD MEMBER.
   3. "FAMILY OR HOUSEHOLD MEMBERS" MEANS THE FOLLOWING INDIVIDUALS:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
   (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
   (E)  UNRELATED  PERSONS  WHO  ARE  CONTINUALLY OR AT REGULAR INTERVALS
 LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY  OR  AT
 REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
   4.  "PARENT"  MEANS  A  NATURAL  OR  ADOPTIVE PARENT OR ANY INDIVIDUAL
 LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY.
   5. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
 DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
   6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
   (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
 IN  WHICH  THE  OFFENDER  EXPECTS  TO  RESIDE UPON HIS OR HER DISCHARGE,
 PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY  FORM
 OF STATE OR LOCAL CONDITIONAL RELEASE; OR
   (II)  IF  THERE  BE  NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE,
 TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY  IN  WHICH
 THE OFFENDER EXPECTS TO RESIDE; OR

 S. 65                               3

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

 S. 65                               4
 
   (C) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
 REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
 PROVISIONS OF THIS ARTICLE.
   3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
 BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
 VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTI-
 CLE.
   4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
 LAST REPORTED ADDRESS OF  THE  DOMESTIC  VIOLENCE  OFFENDER  FOR  ANNUAL
 VERIFICATION REQUIREMENTS.
   5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
   6.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
 VIOLENCE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE  OF  HIS
 OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
 INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY  THIS  ARTICLE.  THE  FEE
 SHALL  BE  PAID  TO  THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE
 STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT  SUCH  FEES  INTO  THE
 DOMESTIC  VIOLENCE  AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY  CHAPTER  SIX  HUNDRED
 THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
   8.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
 TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
 A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
 THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
 REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
 REGISTRY TO SUCH PERSONS.
   9.  THE  DIVISION  SHALL,  UPON THE REQUEST OF ANY AUTHORIZED INTERNET
 ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS  THAT  WOULD  ENABLE
 SUCH  ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
 SERVICES OR, IN CONFORMITY  WITH  STATE  AND  FEDERAL  LAW,  ADVISE  LAW
 ENFORCEMENT  AND/OR  OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
 OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
 THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY  THAT  REQUESTS
 INFORMATION  FROM  THE  REGISTRY  TO  SUBMIT  TO  THE DIVISION THE NAME,
 ADDRESS AND TELEPHONE NUMBER OF  SUCH  ENTITY  AND  THE  SPECIFIC  LEGAL
 NATURE  AND  CORPORATE  STATUS  OF  SUCH ENTITY. EXCEPT FOR THE PURPOSES
 SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY  SHALL  NOT
 PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO
 IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE
 AN  AUTHORIZED  INTERNET  ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET
 IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS  SUBDIVISION.  THE
 DIVISION  SHALL  PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES
 FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT-
 ED TO, THE DISCLOSURE AND REDISCLOSURE  OF  SUCH  INFORMATION,  AND  THE
 IMPOSITION OF ANY FEES.
   §  165-B.  DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
 THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF  THE
 DEPARTMENT,  HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
 DAR DAYS PRIOR TO THE RELEASE OR  DISCHARGE  OF  ANY  DOMESTIC  VIOLENCE
 OFFENDER  FROM  A  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
 FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE

 S. 65                               5
 
 OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON
 A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT  WHICH  HE  OR
 SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF
 HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR
 EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES
 IN  OR  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
 IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE
 WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE  SHALL  BE
 SENT  BY  THE  DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN FORTY-
 EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF  SUCH
 DOMESTIC  VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT,
 ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
 TION 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.
   § 165-C. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
 OFFENSES  SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE
 OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS  A  DOMESTIC
 VIOLENCE  OFFENDER  AND  SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF
 COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT  SHALL  ALSO
 ADVISE  THE  DOMESTIC  VIOLENCE OFFENDER OF HIS OR HER DUTIES UNDER THIS
 ARTICLE.  FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
 MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE
 OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
   2.  ANY  DOMESTIC  VIOLENCE  OFFENDER, WHO IS RELEASED ON PROBATION OR
 DISCHARGED UPON PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDI-
 TIONAL  DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED

 S. 65                               6
 
 OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN  WHICH
 HE  OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC
 VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY
 THE  DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO
 READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
 FORM. THE COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC
 VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE,  AND  THE
 NAME  AND  ADDRESS  OF  ANY  INSTITUTION  OF  HIGHER EDUCATION HE OR SHE
 EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER
 FOR  COMPENSATION  OR  NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A
 FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
 INFORMATION TO THE DIVISION.  THE COURT SHALL GIVE ONE COPY OF THE  FORM
 TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI-
 SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES
 HAVING  JURISDICTION.  WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN-
 DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING
 THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE  SUCH
 DOMESTIC  VIOLENCE  OFFENDER  VIOLATES  SUCH PROVISION, PROBATION MAY BE
 IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR  HUNDRED  TEN
 OF THE CRIMINAL PROCEDURE LAW.
   §  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.
   §  165-E.  DUTY  TO  REGISTER  AND TO VERIFY. 1. ANY DOMESTIC VIOLENCE
 OFFENDER SHALL, (A) AT LEAST  TEN  CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
 PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
 LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
 CONFINED  OR  COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY
 DOMESTIC VIOLENCE OFFENDER RELEASED  ON  PROBATION  OR  DISCHARGED  UPON
 PAYMENT  OF  A  FINE,  CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
 REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.

 S. 65                               7
 
   2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO  REGISTER  UNDER  THIS
 ARTICLE  ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL
 REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE  IS  REQUIRED  TO
 REGISTER UNDER THIS SECTION THE FOLLOWING APPLIES:
   (A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO
 THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   (B)  THE  VERIFICATION  FORM  SHALL BE SIGNED BY THE DOMESTIC VIOLENCE
 OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES  AT  THE  ADDRESS  LAST
 REPORTED TO THE DIVISION.
   (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
 CATION  FORM  TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
 THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS  HE  OR
 SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
   (D)  IF  THE  DOMESTIC  VIOLENCE  OFFENDER,  TO WHOM A NOTICE HAS BEEN
 MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE,  FAILS  TO
 PERSONALLY  APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
 WITHIN  TWENTY  DAYS  OF  THE  ANNIVERSARY  OF  THE  DOMESTIC   VIOLENCE
 OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
 THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN
 VIOLATION OF THIS SECTION.  THE  DUTY  TO  PERSONALLY  APPEAR  FOR  SUCH
 UPDATED  PHOTOGRAPH  SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
 WHICH THE DOMESTIC VIOLENCE OFFENDER IS  CONFINED  IN  ANY  HOSPITAL  OR
 INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
 FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
 SUCH  HOSPITAL  OR  INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
 THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
   3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION  NO
 LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
 ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
 INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
 ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
 HIGHER  EDUCATION.  A  FEE  OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION
 SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A  OF  THIS  ARTICLE,  SHALL  BE
 SUBMITTED  BY  THE  DOMESTIC  VIOLENCE  OFFENDER EACH TIME SUCH OFFENDER
 REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS  OR
 ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
 HIGHER EDUCATION. ANY FAILURE OR OMISSION TO  SUBMIT  THE  REQUIRED  FEE
 SHALL NOT AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS
 OR CHANGE OF STATUS.
   4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
 BE  APPLICABLE  TO  ANY  DOMESTIC VIOLENCE OFFENDER WHOSE CONVICTION WAS
 REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
   5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
 VISIONS FOURTEEN AND FIFTEEN OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF
 THIS  CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS
 OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
 WITH THE DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER
 OR  NONRESIDENT  STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCA-
 TIONAL INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER  OR  NONRESIDENT
 STUDENT SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT
 OR  EDUCATIONAL  INSTITUTION  ADDRESS  NO LATER THAN TEN DAYS AFTER SUCH
 CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
 NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
 THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
 AGENCY'S JURISDICTION.

 S. 65                               8

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

 S. 65                               9
 
 DIVISION  SHALL  NOTIFY  EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
 WHICH IS AFFECTED BY SUCH CHANGE.
   5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
 EMPLOYMENT  OR  RESIDENCE  AT  AN  INSTITUTION  OF HIGHER EDUCATION BY A
 DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH
 LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA-
 TION PROVISIONS SET FORTH IN THIS ARTICLE.
   § 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.
   §  165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
 SIXTY-FIVE-A OF THIS ARTICLE, THE DIVISION SHALL ALSO  OPERATE  A  TELE-
 PHONE  NUMBER  THAT  MEMBERS  OF  THE PUBLIC MAY CALL FREE OF CHARGE AND
 INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
 ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A  NAMED  PERSON
 REASONABLY  APPEARS  TO BE A PERSON SO LISTED. THE DIVISION SHALL DECIDE
 WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED
 UPON INFORMATION  FROM  THE  CALLER  PROVIDING  INFORMATION  THAT  SHALL
 INCLUDE  (A)  AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIV-
 ER'S LICENSE NUMBER OR BIRTH DATE,  ALONG  WITH  ADDITIONAL  INFORMATION
 THAT  MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT,
 WEIGHT, DISTINCTIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION  OF  THE
 ABOVE  LISTED  CHARACTERISTICS  IF AN EXACT BIRTH DATE OR ADDRESS IS NOT
 AVAILABLE. IF THREE OF THE CHARACTERISTICS PROVIDED  INCLUDE  ETHNICITY,
 HAIR  COLOR,  AND  EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE
 PROVIDED. ANY INFORMATION IDENTIFYING THE VICTIM BY  NAME,  BIRTH  DATE,
 ADDRESS  OR  RELATION  TO  THE  PERSON  LISTED  BY THE DIVISION SHALL BE
 EXCLUDED BY THE DIVISION.
   2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;

 S. 65                              10
 
   (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
 TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
 WRITTEN RECORD;
   (D)  NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
 OLDER;
   (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
 THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
 ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
 INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   (G)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
   (H) A STATEMENT THAT AN  INFORMATION  PACKAGE  WHICH  WILL  INCLUDE  A
 DESCRIPTION  OF  THE  LAW  AND DOMESTIC VIOLENCE PREVENTION MATERIALS IS
 AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL
 INCLUDE QUESTIONS AND ANSWERS REGARDING THE MOST  COMMONLY  ASKED  QUES-
 TIONS ABOUT THE DOMESTIC VIOLENCE OFFENDER REGISTRATION ACT, AND CURRENT
 DOMESTIC VIOLENCE PREVENTION MATERIAL.
   3.  (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND
 NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS  TO  PRE-REGISTER  WITH  THE
 DIVISION FOR USE OF THE TELEPHONE NUMBER. PRE-REGISTRATION SHALL INCLUDE
 THE  IDENTIFICATION  OF  UP TO TWO OFFICIALS OF THE ORGANIZATION WHO MAY
 CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF THE ORGAN-
 IZATION. A PRE-REGISTERED  CERTIFICATE  ISSUED  UNDER  THIS  SUBDIVISION
 SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVISION FOR
 GOOD  CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR THE ISSU-
 ANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION.
   (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE  PURSUANT  TO
 THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
 MULTIPLE  NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER
 REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE
 ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW  SUCH  PRE-RE-
 GISTERED  ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH-
 ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
   (C) FOR PURPOSES OF THIS SUBDIVISION,  "YOUTH  SERVICES  ORGANIZATION"
 SHALL  MEAN  A  FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
 SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE  HUNDRED  TWO  OF  THE
 NOT-FOR-PROFIT  CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE
 CHILDREN THE OPPORTUNITY TO  PARTICIPATE  IN  ADULT-SUPERVISED  SPORTING
 ACTIVITIES;  OR  (II)  MATCH  CHILDREN  OR GROUPS OF CHILDREN WITH ADULT
 VOLUNTEERS FOR THE PURPOSE OF  PROVIDING  CHILDREN  WITH  POSITIVE  ROLE
 MODELS TO ENHANCE THEIR DEVELOPMENT.
   4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
 GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
 TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
 PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
 CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
 INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
 RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
 RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
 DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
 BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.   SUCH
 PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.

 S. 65                              11
 
   5. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
 THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
   (A) NUMBER OF CALLS RECEIVED;
   (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
 IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE  AND  THE
 NUMBER  OF  CALLS  THAT  RESULTED  IN A NEGATIVE RESPONSE WITH REGARD TO
 WHETHER A NAMED INDIVIDUAL WAS LISTED;
   (D) NUMBER OF PERSONS LISTED; AND
   (E) A SUMMARY OF THE SUCCESS OF THE  TELEPHONE  NUMBER  PROGRAM  BASED
 UPON SELECTED FACTORS.
   §  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.
   § 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.
   § 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.
   § 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
 NOR.
   § 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.
   § 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.