Bill Text: NY A03241 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a felony possession of a firearm registration act; provides that persons who are convicted of sections 265.02, 265.03 or 265.04 of the penal law have a duty to register with the division of corrections certain information such as such offender's name, date of birth, sex, race, height, weight, eye color, driver's license number, home address and/or expected place of domicile; provides that this duty to register terminates when such offenders are discharged from probation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to correction [A03241 Detail]
Download: New_York-2011-A03241-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3241
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to creating a felony
possession of a firearm registration act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The correction law is amended by adding a new article 6-D
2 to read as follows:
3 ARTICLE 6-D
4 FELONY GUN POSSESSION REGISTRATION ACT
5 SECTION 168-AA. SHORT TITLE.
6 168-BB. DEFINITIONS.
7 168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
8 168-DD. OFFENDER; RELOCATION; NOTIFICATION.
9 168-EE. DUTIES OF THE COURT.
10 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES
11 OF OFFICIAL IN CHARGE.
12 168-GG. DUTY TO REGISTER AND TO VERIFY.
13 168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.
14 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS.
15 168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
16 OF ADDRESS.
17 168-KK. SPECIAL TELEPHONE NUMBER.
18 168-LL. IMMUNITY FROM LIABILITY.
19 168-MM. PENALTY.
20 168-NN. UNAUTHORIZED RELEASE OF INFORMATION.
21 168-OO. SEPARABILITY.
22 S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
23 THE "FELONY POSSESSION OF A FIREARM REGISTRATION ACT".
24 S 168-BB. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
25 NITIONS APPLY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06491-01-1
A. 3241 2
1 1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING PISTOL OR
2 REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP, OR SIMILAR TYPE OF
3 IGNITION SYSTEM, OR A PISTOL OR REVOLVER WHICH USES FIXED CARTRIDGES
4 WHICH ARE NO LONGER AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL
5 TRADE.
6 2. "ASSAULT WEAPON" MEANS:
7 A. A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
8 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
9 (I) A FOLDING OR TELESCOPING STOCK;
10 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
11 THE WEAPON;
12 (III) A BAYONET MOUNT;
13 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
14 FLASH SUPPRESSOR;
15 (V) A GRENADE LAUNCHER; OR
16 B. A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
17 CHARACTERISTICS:
18 (I) A FOLDING OR TELESCOPING STOCK;
19 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
20 THE WEAPON;
21 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
22 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
23 C. A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
24 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
25 (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
26 PISTOL GRIP;
27 (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
28 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
29 (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
30 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
31 THE NONTRIGGER HAND WITHOUT BEING BURNED;
32 (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
33 UNLOADED;
34 (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
35 OR
36 D. ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
37 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
38 AS:
39 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
40 MODELS);
41 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
42 (III) BERETTA AR70 (SC-70);
43 (IV) COLT AR-15;
44 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
45 (VI) SWD M-10, M-11, M-11/9, AND M-12;
46 (VII) STEYR AUG;
47 (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
48 (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
49 SWEEPER AND STRIKER 12;
50 E. PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
51 (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
52 BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
53 INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921
54 (A)(16);
55 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
56 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
A. 3241 3
1 (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
2 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
3 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR DUPLICATE THEREOF,
4 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
5 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
6 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
7 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
8 (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
9 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
10 LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINE-
11 TY-FOUR.
12 3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR A VERDICT
13 OF GUILTY UPON, AN ACCUSATORY INSTRUMENT OTHER THAN A FELONY COMPLAINT,
14 OR TO ONE OR MORE COUNTS OF SUCH INSTRUMENT.
15 4. "DISGUISED GUN" MEANS ANY WEAPON OR DEVICE CAPABLE OF BEING
16 CONCEALED ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH THE
17 ENERGY OF AN EXPLOSIVE AND IS DESIGNED AND INTENDED TO APPEAR TO BE
18 SOMETHING OTHER THAN A GUN.
19 5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
20 ONE OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A RIFLE
21 HAVING ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH; OR (D)
22 ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
23 TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
24 AN OVERALL LENGTH OF LESS THAN TWENTY-SIX INCHES; OR (E) AN ASSAULT
25 WEAPON. FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL ON
26 A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
27 THE MUZZLE AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK WHEN CLOSED
28 AND WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A WEAPON
29 MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
30 THE WEAPON MEASURED ALONG A LINE PARALLEL TO THE CENTER LINE OF THE
31 BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
32 6. "FIREARM SILENCER" MEANS ANY INSTRUMENT, ATTACHMENT, WEAPON OR
33 APPLIANCE FOR CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER
34 FIREARMS TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF THE
35 FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
36 7. "GUN POSSESSION OFFENDER OR OFFENDER" MEANS ANY PERSON WHO IS
37 CONVICTED OF OR HAS A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE
38 PROVISIONS OF SECTION 265.02, 265.03 OR 265.04 OF THE PENAL LAW. ANY
39 CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR THE
40 PURPOSES OF THIS ARTICLE.
41 8. "LOADED FIREARM" MEANS ANY FIREARM LOADED WITH AMMUNITION OR ANY
42 FIREARM WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A
43 QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
44 9. "MACHINE-GUN" MEANS A WEAPON OF ANY DESCRIPTION, IRRESPECTIVE OF
45 SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
46 SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
47 ZINE WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A SUB-MACHINE
48 GUN.
49 10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
50 INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED AND
51 MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED METALLIC
52 CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR
53 EACH SINGLE PULL OF THE TRIGGER.
54 11. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL,
55 REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
56 ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
A. 3241 4
1 CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
2 SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
3 12. "SHOTGUN" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
4 AND INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED
5 AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
6 SHELL TO FIRE THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
7 SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
8 13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
9 S 168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE
10 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
11 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
12 THE FOLLOWING INFORMATION OF EACH REGISTRANT:
13 A. THE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
14 HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR
15 EXPECTED PLACE OF DOMICILE.
16 B. A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
17 THE PERIOD OF REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE
18 YEARS. THE DIVISION SHALL NOTIFY THE OFFENDER BY MAIL OF THE DUTY TO
19 APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCEMENT AGENCY
20 HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY
21 DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO
22 BE TAKEN.
23 C. A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
24 THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
25 D. THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
26 WHICH THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
27 WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
28 WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
29 E. ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
30 2. A. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
31 REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE PURPOSE OF SHARING
32 INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR
33 NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN
34 REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
35 B. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
36 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE
37 PROVISIONS OF THIS ARTICLE.
38 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
39 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
40 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
41 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
42 OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
43 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
44 LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
45 MENTS.
46 5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
47 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
48 6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
49 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
50 7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN OFFEN-
51 DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS
52 OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
53 HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
54 SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
55 THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
56 FEES INTO THE GENERAL FUND.
A. 3241 5
1 S 168-DD. OFFENDER; RELOCATION; NOTIFICATION. IN THE CASE OF ANY
2 OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S PROBATION
3 OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
4 OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH OFFENDER
5 CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
6 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION,
7 SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE
8 OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
9 A FORM PROVIDED BY THE DIVISION.
10 S 168-EE. DUTIES OF THE COURT. UPON CONVICTION OF ANY OF THE OFFENSES
11 SET FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
12 THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER AND
13 SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
14 JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
15 OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION
16 IN THE ORDER OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT
17 RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
18 S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF
19 OFFICIAL IN CHARGE. ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED
20 TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORREC-
21 TIONAL FACILITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMIT-
22 TED, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR
23 RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE,
24 BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED. THE
25 FACILITY SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE
26 REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
27 FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE
28 REGISTRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH
29 FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
30 DISCHARGE OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
31 ER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING
32 OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE
33 EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITU-
34 TION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY
35 SHALL GIVE ONE COPY OF THE FORM TO THE OFFENDER, RETAIN ONE COPY AND
36 SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
37 TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
38 GIVE THE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH THE
39 DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM
40 SHALL BE COMPLETED, SIGNED BY THE OFFENDER AND SENT TO THE DIVISION BY
41 THE FACILITY AT LEAST TEN DAYS PRIOR TO THE OFFENDER'S RELEASE OR
42 DISCHARGE.
43 S 168-GG. DUTY TO REGISTER AND TO VERIFY. 1. ANY OFFENDER SHALL, AT
44 LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RE-
45 LEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACIL-
46 ITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, REGISTER
47 WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
48 2. FOR AN OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
49 ANNIVERSARY OF THE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERI-
50 OD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE
51 FOLLOWING APPLIES:
52 A. THE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITH-
53 IN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
54 B. THE VERIFICATION FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
55 THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVI-
56 SION.
A. 3241 6
1 C. IF THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
2 DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE OR SHE
3 SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
4 SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
5 3. ANY OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN
6 CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER
7 STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
8 TUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY
9 SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
10 SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
11 CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
12 ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCA-
13 TION. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT
14 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
15 OF STATUS.
16 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
17 BE APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL
18 OR WHO WAS PARDONED BY THE GOVERNOR.
19 S 168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS. AN
20 OFFENDER'S DUTY TO REGISTER AND VERIFY TERMINATES WHEN SUCH OFFENDER IS
21 DISCHARGED FROM PROBATION.
22 S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
23 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
24 WRITING SIGNED BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
25 BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN
26 APPROPRIATE ELECTRONIC DATA BASE OR FILE.
27 S 168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
28 ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED TO
29 REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY THE LOCAL LAW
30 ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
31 THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF THE
32 NEW PLACE OF RESIDENCE.
33 S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
34 SIXTY-EIGHT-CC OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
35 PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND
36 INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
37 ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
38 REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH
39 THE RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED
40 PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION
41 FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
42 STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE NUMBER OR
43 BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
44 SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE
45 MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
46 TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE
47 OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
48 COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
49 TION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO
50 THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
51 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
52 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
53 A. NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
54 B. THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
A. 3241 7
1 C. NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
2 TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
3 WRITTEN RECORD;
4 D. NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
5 OLDER;
6 E. A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
7 THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
8 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
9 F. NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
10 ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
11 INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN
12 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
13 G. A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
14 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
15 S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
16 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
17 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
18 AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
19 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
20 BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
21 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
22 THE GENERAL PUBLIC.
23 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
24 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
25 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
26 RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE UNLESS IT IS SHOWN
27 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
28 BAD FAITH.
29 S 168-MM. PENALTY. ANY OFFENDER REQUIRED TO REGISTER OR TO VERIFY
30 PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER OR
31 VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR HEREIN
32 SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE FIRST
33 OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
34 GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGISTER OR VERIFY MAY
35 ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO
36 HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF
37 PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
38 LAW.
39 S 168-NN. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED
40 RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B
41 MISDEMEANOR.
42 S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
43 OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
44 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
45 ANY OTHER SECTION OR PART THEREOF.
46 S 2. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.
