Bill Text: NY A06732 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts "Brittany's law" defining domestic violence offenses and offenders and requiring such offenders to register with the division of criminal justice services; establishes the crimes of failure to register or verify as a domestic violence offender in the first and second degrees.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A06732 Detail]

Download: New_York-2019-A06732-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6732
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 18, 2019
                                       ___________
        Introduced by M. of A. CRESPO, KOLB, RICHARDSON, NORRIS, JOHNS, PALMESA-
          NO, BLAKE -- read once and referred to the Committee on Correction
        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:
     1    Section  1.  This  act  shall be known and may be cited as "Brittany's
     2  law".
     3    § 2. The penal law is amended by adding two new  sections  195.03  and
     4  195.04 to read as follows:
     5  § 195.03 Failure  to  register or verify as a domestic violence offender
     6             in the second degree.
     7    A person is guilty of failure to register  or  verify  as  a  domestic
     8  violence  offender  in the second degree when, being a domestic violence
     9  offender required to register or verify pursuant to article six-B of the
    10  correction law, he or she fails to register or verify in the manner  and
    11  within the time periods provided for in such article.
    12    Failure  to  register or verify as a domestic violence offender in the
    13  second degree is a class E felony.
    14  § 195.04 Failure to register or verify as a domestic  violence  offender
    15             in the first degree.
    16    A  person  is  guilty  of  failure to register or verify as a domestic
    17  violence offender in the first degree when he or she commits  the  crime
    18  of  failure to register or verify as a domestic violence offender in the
    19  second degree and has previously been convicted of failure  to  register
    20  or  verify  as  a  domestic  violence  offender  in the second degree as
    21  defined in section 195.03 of this article.
    22    Failure to register or verify as a domestic violence offender  in  the
    23  first degree is a class D felony.
    24    § 3. The correction law is amended by adding a new article 6-B to read
    25  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10595-01-9

        A. 6732                             2
     1                                 ARTICLE 6-B
     2                     DOMESTIC VIOLENCE REGISTRATION ACT
     3  Section 165.   Definitions.
     4          165-a. Duties of the division; registration information.
     5          165-b. Domestic violence offender; relocation; notification.
     6          165-c. Duties of the court.
     7          165-d. Discharge of domestic violence offender from correctional
     8                   facility; duties of official in charge.
     9          165-e. Duty to register and to verify.
    10          165-f. Prior convictions; duty to inform and register.
    11          165-g. Duration of registration and verification.
    12          165-h. Registration and verification requirements.
    13          165-i. Notification  of local law enforcement agencies of change
    14                   of address.
    15          165-j. Registration for change of address from another state.
    16          165-k. Special telephone number.
    17          165-l. Immunity from liability.
    18          165-m. Annual report.
    19          165-n. Failure to register; penalty.
    20          165-o. Unauthorized release of information.
    21    § 165. Definitions. As used in this article, the following definitions
    22  apply:
    23    1. "Domestic violence offender" includes any person who  is  convicted
    24  of any of the domestic violence offenses set forth in subdivision two of
    25  this  section.  Convictions  that  result from or are connected with the
    26  same act, or result from offenses committed at the same time,  shall  be
    27  counted  for  the  purpose  of  this  article  as  one  conviction.  Any
    28  conviction set aside pursuant to law is not a conviction for purposes of
    29  this article.
    30    2. "Domestic violence offense" means  the  conviction  of  any  felony
    31  offense  defined  in  the  penal  law  when  the victim of such crime or
    32  offense is a family or household member.
    33    3. "Family or household members" means the following individuals:
    34    (a) persons related by consanguinity or affinity;
    35    (b) persons legally married to one another;
    36    (c) persons formerly married to one another regardless of whether they
    37  still reside in the same household;
    38    (d) persons who have a child in  common  regardless  of  whether  such
    39  persons are married or have lived together at any time; or
    40    (e)  unrelated  persons  who  are  continually or at regular intervals
    41  living in the same household or who have in the past continually  or  at
    42  regular intervals lived in the same household.
    43    4.  "Parent"  means  a  natural  or  adoptive parent or any individual
    44  lawfully charged with a minor child's care or custody.
    45    5. "Division" means the  division  of  criminal  justice  services  as
    46  defined by section eight hundred thirty-five of the executive law.
    47    6. "Law enforcement agency having jurisdiction" means:
    48    (a) (i) the chief law enforcement officer in the village, town or city
    49  in  which  the  offender  expects  to  reside upon his or her discharge,
    50  probation, parole, release to post-release supervision or upon any  form
    51  of state or local conditional release; or
    52    (ii)  if  there  be  no chief law enforcement officer in such village,
    53  town or city, the chief law enforcement officer of the county  in  which
    54  the offender expects to reside; or
    55    (iii)  if there be no chief enforcement officer in such village, town,
    56  city or county, the division of state police; and

        A. 6732                             3
     1    (b) in the case of a domestic violence offender who is or  expects  to
     2  be  employed by, enrolled in, attending or employed, whether for compen-
     3  sation or not, at an institution of higher education, (i) the chief  law
     4  enforcement  officer in the village, town or city in which such institu-
     5  tion is located; or (ii) if there be no chief law enforcement officer in
     6  such  village,  town  or  city, the chief law enforcement officer of the
     7  county in which such institution is located; or (iii)  if  there  be  no
     8  chief law enforcement officer in such village, town, city or county, the
     9  division  of  state  police;  and  (iv)  if such institution operates or
    10  employs a campus law enforcement or security agency, the chief  of  such
    11  agency; and
    12    (c)  in the case of a domestic violence offender who expects to reside
    13  within a state park or on other  land  under  the  jurisdiction  of  the
    14  office  of  parks,  recreation  and  historic  preservation,  the  state
    15  regional park police.
    16    § 165-a. Duties of the  division;  registration  information.  1.  The
    17  division  shall establish and maintain a file of individuals required to
    18  register pursuant to the provisions of this article which shall  include
    19  the following information of each registrant:
    20    (a)  The  domestic violence offender's name, all aliases used, date of
    21  birth, sex, race, height, weight, eye color,  driver's  license  number,
    22  home  address  and/or  expected place of domicile, any internet accounts
    23  with internet access providers belonging to such offender  and  internet
    24  identifiers that such offender uses.
    25    (b)  A  photograph and set of fingerprints. The division shall, during
    26  the period of registration, update  such  photograph  once  every  three
    27  years.  The division shall notify the domestic violence offender by mail
    28  of  the duty to appear and be photographed at the specified law enforce-
    29  ment agency having jurisdiction. Such notification shall  be  mailed  at
    30  least  thirty days and not more than sixty days before the photograph is
    31  required to be taken pursuant to this article.
    32    (c) A description of the  offense  for  which  the  domestic  violence
    33  offender was convicted, the date of conviction and the sentence imposed.
    34    (d)  The  name  and  address of any institution of higher education at
    35  which the domestic violence offender  is  or  expects  to  be  enrolled,
    36  attending or employed, whether for compensation or not, and whether such
    37  offender  resides  in  or will reside in a facility owned or operated by
    38  such institution.
    39    (e) The employment address and/or expected place of employment of  the
    40  domestic violence offender.
    41    (f) Any other information deemed pertinent by the division.
    42    2.  (a)  The  division is authorized to make the registry available to
    43  any regional or national registry of domestic violence offenders for the
    44  purpose of sharing information. The division shall accept files from any
    45  regional or national registry of domestic violence offenders  and  shall
    46  make  such  files available when requested pursuant to the provisions of
    47  this article.
    48    (b) No official, agency, authorized person or entity,  whether  public
    49  or  private,  shall  be  subject  to any civil or criminal liability for
    50  damages for any decision or action made in the ordinary course of  busi-
    51  ness  of  that official, agency, authorized person or entity pursuant to
    52  this article, provided that such official, agency, authorized person  or
    53  entity  acted reasonably and in good faith with respect to such registry
    54  information.

        A. 6732                             4
     1    (c) The division shall require that no  information  included  in  the
     2  registry  shall  be  made  available  except  in  the furtherance of the
     3  provisions of this article.
     4    3.  The  division shall develop a standardized registration form to be
     5  made available to the appropriate authorities and promulgate  rules  and
     6  regulations to implement the provisions of this section. Such form shall
     7  be  written  in clear and concise language and shall advise the domestic
     8  violence offender of his or her duties and obligations under this  arti-
     9  cle.
    10    4.  The  division shall mail a nonforwardable verification form to the
    11  last reported address of  the  domestic  violence  offender  for  annual
    12  verification requirements.
    13    5. The division shall also establish and operate a telephone number as
    14  provided for in section one hundred sixty-five-k of this article.
    15    6.  The  division  shall also establish a public awareness campaign to
    16  advise the public of the provisions of this article.
    17    7. The division shall charge a fee of ten dollars each time a domestic
    18  violence offender registers any change of address or any change  of  his
    19  or  her status of enrollment, attendance, employment or residence at any
    20  institution of higher education as required by  this  article.  The  fee
    21  shall  be  paid  to  the division by the domestic violence offender. The
    22  state comptroller is hereby authorized to deposit  such  fees  into  the
    23  domestic  violence  awareness fund established pursuant to section nine-
    24  ty-seven-yyy of the state finance law as added by  chapter  six  hundred
    25  thirty-four of the laws of two thousand two.
    26    8.  The division shall, upon the request of any children's camp opera-
    27  tor, release to such person any information in the registry relating  to
    28  a  prospective  employee of any such person or entity in accordance with
    29  the provisions of this article. The division shall promulgate rules  and
    30  regulations relating to procedures for the release of information in the
    31  registry to such persons.
    32    9.  The  division  shall,  upon the request of any authorized internet
    33  entity, release to such entity internet identifiers  that  would  enable
    34  such  entity to prescreen or remove domestic violence offenders from its
    35  services or, in conformity  with  state  and  federal  law,  advise  law
    36  enforcement  and/or  other governmental entities of potential violations
    37  of law and/or threats to public safety. Before releasing any information
    38  the division shall require an authorized internet entity  that  requests
    39  information  from  the  registry  to  submit  to  the division the name,
    40  address and telephone number of  such  entity  and  the  specific  legal
    41  nature  and  corporate  status  of  such entity. Except for the purposes
    42  specified in this subdivision, an authorized internet entity  shall  not
    43  publish or in any way disclose or redisclose any information provided to
    44  it by the division pursuant to this subdivision. The division may charge
    45  an  authorized  internet  entity a fee for access to registered internet
    46  identifiers requested by such entity pursuant to this  subdivision.  The
    47  division  shall  promulgate rules and regulations relating to procedures
    48  for the release of information in the registry, including but not limit-
    49  ed to, the disclosure and redisclosure  of  such  information,  and  the
    50  imposition of any fees.
    51    §  165-b.  Domestic violence offender; relocation; notification. 1. In
    52  the case of any domestic violence offender, it shall be the duty of  the
    53  department,  hospital or local correctional facility at least ten calen-
    54  dar days prior to the release or  discharge  of  any  domestic  violence
    55  offender  from  a  correctional facility, hospital or local correctional
    56  facility to notify the division of the contemplated release or discharge

        A. 6732                             5
     1  of such domestic violence offender, informing the division in writing on
     2  a form provided by the division indicating the address at  which  he  or
     3  she  proposes  to  reside and the name and address of any institution of
     4  higher education at which he or she expects to be enrolled, attending or
     5  employed, whether for compensation or not, and whether he or she resides
     6  in  or  will reside in a facility owned or operated by such institution.
     7  If such domestic violence offender changes his or her place of residence
     8  while on parole, such notification of the change of residence  shall  be
     9  sent  by  the  domestic violence offender's parole officer within forty-
    10  eight hours to the division on a form provided by the division. If  such
    11  domestic  violence offender changes the status of his or her enrollment,
    12  attendance, employment or residence at any institution of higher  educa-
    13  tion while on parole, such notification of the change of status shall be
    14  sent  by  the  domestic violence offender's parole officer within forty-
    15  eight hours to the division on a form provided by the division.
    16    2. In the case of any domestic  violence  offender  on  probation,  it
    17  shall  be the duty of the domestic violence offender's probation officer
    18  to notify the division within forty-eight hours  of  the  new  place  of
    19  residence  on a form provided by the division. If such domestic violence
    20  offender changes the  status  of  his  or  her  enrollment,  attendance,
    21  employment  or residence at any institution of higher education while on
    22  probation, such notification of the change of status shall  be  sent  by
    23  the  domestic  violence  offender's probation officer within forty-eight
    24  hours to the division on a form provided by the division.
    25    3. In the case in which any domestic violence offender escapes from  a
    26  state  or  local correctional facility or hospital, the designated offi-
    27  cial of the facility or hospital where the  person  was  confined  shall
    28  notify  within  twenty-four  hours the law enforcement agency having had
    29  jurisdiction at the time of his or her conviction,  informing  such  law
    30  enforcement  agency  of  the  name  and  aliases  of the person, and the
    31  address at which he or she resided at the time of his or her conviction,
    32  the amount of time remaining to be served, if any, on the full term  for
    33  which  he or she was sentenced, and the nature of the crime for which he
    34  or she was sentenced, transmitting at the  same  time  a  copy  of  such
    35  domestic  violence  offender's fingerprints and photograph and a summary
    36  of his or her criminal record.
    37    4. The division shall provide  general  information,  in  registration
    38  materials and annual correspondence, to registrants concerning notifica-
    39  tion  and  registration  procedures  that may apply if the registrant is
    40  authorized to relocate and relocates to another state or  United  States
    41  possession, or commences employment or attendance at an education insti-
    42  tution  in  another  state or United States possession. Such information
    43  shall include addresses and telephone numbers for relevant agencies from
    44  which additional information may be obtained.
    45    § 165-c. Duties of the  court.  1.  Upon  conviction  of  any  of  the
    46  offenses  set forth in subdivision two of section one hundred sixty-five
    47  of this article the court shall certify that the person  is  a  domestic
    48  violence  offender  and  shall include the certification in the order of
    49  commitment, if any, and judgment of conviction.  The  court  shall  also
    50  advise  the  domestic  violence offender of his or her duties under this
    51  article.  Failure to include the certification in the order  of  commit-
    52  ment or the judgment of conviction shall not relieve a domestic violence
    53  offender of the obligations imposed by this article.
    54    2.  Any  domestic  violence  offender, who is released on probation or
    55  discharged upon payment of a fine,  conditional  discharge  or  uncondi-
    56  tional  discharge shall, prior to such release or discharge, be informed

        A. 6732                             6
     1  of his or her duty to register under this article by the court in  which
     2  he  or she was convicted. At the time sentence is imposed, such domestic
     3  violence offender shall register with the division on a form prepared by
     4  the  division. The court shall require the domestic violence offender to
     5  read and sign such form and to complete the registration portion of such
     6  form. The court shall on such form obtain the address where the domestic
     7  violence offender expects to reside upon his or  her  release,  and  the
     8  name  and  address  of  any  institution  of  higher education he or she
     9  expects to be employed by, enrolled in, attending or  employed,  whether
    10  for  compensation  or  not, and whether he or she expects to reside in a
    11  facility owned or operated by such an institution, and shall report such
    12  information to the division.  The court shall give one copy of the  form
    13  to the domestic violence offender and shall send two copies to the divi-
    14  sion which shall forward the information to the law enforcement agencies
    15  having  jurisdiction.  Where the court orders a domestic violence offen-
    16  der released on probation, such order must include a provision requiring
    17  that he or she comply with the requirements of this article. Where  such
    18  domestic  violence  offender  violates  such provision, probation may be
    19  immediately revoked in the manner provided by article four  hundred  ten
    20  of the criminal procedure law.
    21    §  165-d.  Discharge  of  domestic violence offender from correctional
    22  facility; duties of official in charge. Any domestic violence  offender,
    23  to  be  discharged,  paroled,  released  to  post-release supervision or
    24  released from any state or  local  correctional  facility,  hospital  or
    25  institution  where  he  or she was confined or committed, shall at least
    26  fifteen calendar days prior to discharge, parole or release, be informed
    27  of his or her duty to register under this article, by  the  facility  in
    28  which  he  or  she was confined or committed. The facility shall require
    29  the domestic violence offender to read and sign  such  form  as  may  be
    30  required  by the division stating the duty to register and the procedure
    31  for registration has been explained to him or her and  to  complete  the
    32  registration  portion  of  such  form. The facility shall obtain on such
    33  form the address where the domestic violence offender expects to  reside
    34  upon his or her discharge, parole or release and the name and address of
    35  any institution of higher education he or she expects to be employed by,
    36  enrolled in, attending or employed, whether for compensation or not, and
    37  whether  he  or she expects to reside in a facility owned or operated by
    38  such an institution, and shall report such information to the  division.
    39  The  facility  shall  give one copy of the form to the domestic violence
    40  offender, retain one copy and shall send one copy to the division  which
    41  shall  provide  the  information  to the law enforcement agencies having
    42  jurisdiction. The facility shall give the domestic violence  offender  a
    43  form  prepared  by  the division, to register with the division at least
    44  fifteen calendar days prior to release and such form shall be completed,
    45  signed by the domestic violence offender and sent to the division by the
    46  facility at least ten days prior to  the  domestic  violence  offender's
    47  release or discharge.
    48    §  165-e.  Duty  to  register  and to verify. 1. Any domestic violence
    49  offender shall, (a) at least  ten  calendar  days  prior  to  discharge,
    50  parole, release to post-release supervision or release from any state or
    51  local correctional facility, hospital or institution where he or she was
    52  confined  or  committed, or, (b) at the time sentence is imposed for any
    53  domestic violence offender released  on  probation  or  discharged  upon
    54  payment  of  a  fine,  conditional discharge or unconditional discharge,
    55  register with the division on a form prepared by the division.

        A. 6732                             7
     1    2. For a domestic violence offender required to  register  under  this
     2  article  on each anniversary of the domestic violence offender's initial
     3  registration date during the period in which he or she  is  required  to
     4  register under this section the following applies:
     5    (a) The domestic violence offender shall mail the verification form to
     6  the division within ten calendar days after receipt of the form.
     7    (b)  The  verification  form  shall be signed by the domestic violence
     8  offender, and state that he or she still resides  at  the  address  last
     9  reported to the division.
    10    (c) If the domestic violence offender fails to mail the signed verifi-
    11  cation  form  to  the division within ten calendar days after receipt of
    12  the form, he or she shall be in violation of this section unless  he  or
    13  she proves that he or she has not changed his or her residence address.
    14    (d)  If  the  domestic  violence  offender,  to whom a notice has been
    15  mailed at the last reported address pursuant to this article,  fails  to
    16  personally  appear  at  the  law enforcement agency having jurisdiction,
    17  within  twenty  days  of  the  anniversary  of  the  domestic   violence
    18  offender's initial registration, or an alternate later date scheduled by
    19  the  law  enforcement  agency having jurisdiction, he or she shall be in
    20  violation of this section.  The  duty  to  personally  appear  for  such
    21  updated  photograph  shall be temporarily suspended during any period in
    22  which the domestic violence offender is  confined  in  any  hospital  or
    23  institution, and such domestic violence offender shall personally appear
    24  for such updated photograph no later than ninety days after release from
    25  such  hospital  or  institution, or an alternate later date scheduled by
    26  the law enforcement agency having jurisdiction.
    27    3. Any domestic violence offender shall register with the division  no
    28  later  than  ten  calendar  days  after  any change of address, internet
    29  accounts with internet access  providers  belonging  to  such  offender,
    30  internet  identifiers  that  such offender uses, or his or her status of
    31  enrollment, attendance, employment or residence at  any  institution  of
    32  higher  education.  A  fee  of ten dollars, as authorized by subdivision
    33  seven of section one hundred sixty-five-a  of  this  article,  shall  be
    34  submitted  by  the  domestic  violence  offender each time such offender
    35  registers any change of address or any change of his or  her  status  or
    36  enrollment,  attendance,  employment  or residence at any institution of
    37  higher education. Any failure or omission to  submit  the  required  fee
    38  shall not affect the acceptance by the division of the change of address
    39  or change of status.
    40    4. The duty to register under the provisions of this article shall not
    41  be  applicable  to  any  domestic violence offender whose conviction was
    42  reversed upon appeal or who was pardoned by the governor.
    43    5. Any nonresident worker or nonresident student, as defined in subdi-
    44  visions fourteen and fifteen of section  one  hundred  sixty-eight-a  of
    45  this  chapter, shall register his or her current address and the address
    46  of his or her place of employment or  educational  institution  attended
    47  with the division within ten calendar days after such nonresident worker
    48  or  nonresident  student commences employment or attendance at an educa-
    49  tional institution in the state. Any nonresident worker  or  nonresident
    50  student shall notify the division of any change of residence, employment
    51  or  educational  institution  address  no later than ten days after such
    52  change. The division shall notify the law enforcement agency  where  the
    53  nonresident worker is employed or the educational institution is located
    54  that  a  nonresident  worker  or  nonresident student is present in that
    55  agency's jurisdiction.

        A. 6732                             8
     1    § 165-f. Prior convictions;  duty  to  inform  and  register.  1.  The
     2  department  of  parole  or office of probation and correctional alterna-
     3  tives in accordance with risk factors pursuant  to  this  article  shall
     4  determine the duration of registration and notification for every domes-
     5  tic  violence offender who on the effective date of this article is then
     6  on parole or probation for an offense provided for in subdivision two of
     7  section one hundred sixty-five of this article.
     8    2. Every domestic violence offender who on the effective date of  this
     9  article  is  then  on parole or probation for an offense provided for in
    10  subdivision two of section one hundred sixty-five of this article  shall
    11  within  ten calendar days of such determination register with his or her
    12  parole or  probation  officer.  On  each  anniversary  of  the  domestic
    13  violence offender's initial registration date thereafter, the provisions
    14  of  section  one  hundred  sixty-five-e of this article shall apply. Any
    15  domestic violence offender who fails or refuses to so  comply  shall  be
    16  subject  to the same penalties as otherwise provided for in this article
    17  which would be imposed upon a domestic violence offender  who  fails  or
    18  refuses  to  so  comply  with the provisions of this article on or after
    19  such effective date.
    20    3. It shall be the duty of the parole or probation officer  to  inform
    21  and  register  such domestic violence offender according to the require-
    22  ments imposed by this article. A parole or probation officer shall  give
    23  one copy of the form to the domestic violence offender and shall, within
    24  three  calendar days, send two copies electronically or otherwise to the
    25  division which shall forward one copy electronically or otherwise to the
    26  law enforcement agency having jurisdiction where the  domestic  violence
    27  offender  resides upon his or her parole, probation, or upon any form of
    28  state or local conditional release.
    29    4. A petition for relief from this section is permitted to any  domes-
    30  tic  violence  offender required to register while released on parole or
    31  probation pursuant to section one hundred sixty-five-n of this article.
    32    § 165-g. Duration of registration and verification.  The  duration  of
    33  registration  and verification for a domestic violence offender shall be
    34  annually for a period of twenty years from the initial date of registra-
    35  tion.
    36    § 165-h. Registration and verification requirements. Registration  and
    37  verification as required by this article shall consist of a statement in
    38  writing  signed by the domestic violence offender giving the information
    39  that is required by the division and the division shall enter the infor-
    40  mation into an appropriate electronic data base or file.
    41    § 165-i. Notification of local law enforcement agencies of  change  of
    42  address.  1.  Upon receipt of a change of address by a domestic violence
    43  offender required to register under this  article,  the  division  shall
    44  notify  the  local law enforcement agency having jurisdiction of the new
    45  place of residence and the local law enforcement agency where the domes-
    46  tic violence offender last resided of the new place of residence.
    47    2. Upon receipt of  change  of  address  information,  the  local  law
    48  enforcement  agency  having  jurisdiction  of the new place of residence
    49  shall adhere to the notification provisions set forth in this article.
    50    3. The division shall, if the domestic violence offender changes resi-
    51  dence to another state, notify the appropriate agency within that  state
    52  of the new place of residence.
    53    4.  Upon  receipt of a change in the status of the enrollment, attend-
    54  ance, employment or residence at an institution of higher education by a
    55  domestic violence offender required to register under this article,  the

        A. 6732                             9
     1  division  shall  notify  each law enforcement agency having jurisdiction
     2  which is affected by such change.
     3    5. Upon receipt of change in the status of the enrollment, attendance,
     4  employment  or  residence  at  an  institution  of higher education by a
     5  domestic violence offender required to register under this article, each
     6  law enforcement agency having jurisdiction shall adhere to the notifica-
     7  tion provisions set forth in this article.
     8    § 165-j. Registration for change of address from another state.  1.  A
     9  domestic  violence  offender  who has been convicted of an offense which
    10  requires registration under this article shall notify  the  division  of
    11  the  new  address  no  later  than ten calendar days after such domestic
    12  violence offender establishes residence in this state.
    13    2. If the division determines that the domestic violence  offender  is
    14  required  to  register,  the division shall notify the domestic violence
    15  offender of his or her duty to register under  this  article  and  shall
    16  require the domestic violence offender to sign a form as may be required
    17  by  the  division acknowledging that the duty to register and the proce-
    18  dure for registration has been explained to the domestic violence offen-
    19  der. The division shall obtain on such form the address where the domes-
    20  tic violence offender  expects  to  reside  within  the  state  and  the
    21  domestic  violence  offender  shall retain one copy of the form and send
    22  two copies to the division which shall provide the  information  to  the
    23  law  enforcement  agency having jurisdiction where the domestic violence
    24  offender expects to reside within this state.
    25    3. The division shall undertake an information  campaign  designed  to
    26  provide  information  to  officials and appropriate individuals in other
    27  states and United States possessions concerning the notification  proce-
    28  dures required by this article. Such information campaign shall be ongo-
    29  ing, and shall include, but not be limited to, letters, notice forms and
    30  similar  materials providing relevant information about this article and
    31  the specific procedures required to effect notification. Such  materials
    32  shall  include  an address and telephone number which such officials and
    33  individuals in other states and United States  possessions  may  use  to
    34  obtain additional information.
    35    §  165-k. Special telephone number. 1. Pursuant to section one hundred
    36  sixty-five-a of this article, the division shall also  operate  a  tele-
    37  phone  number  that  members  of  the public may call free of charge and
    38  inquire whether a named individual required to register pursuant to this
    39  article is listed. The division shall ascertain whether a  named  person
    40  reasonably  appears  to be a person so listed. The division shall decide
    41  whether the named person reasonably appears to be a person listed, based
    42  upon information  from  the  caller  providing  information  that  shall
    43  include  (a)  an exact street address, including apartment number, driv-
    44  er's license number or birth date,  along  with  additional  information
    45  that  may include social security number, hair color, eye color, height,
    46  weight, distinctive markings, ethnicity; or (b) any combination  of  the
    47  above  listed  characteristics  if an exact birth date or address is not
    48  available. If three of the characteristics provided  include  ethnicity,
    49  hair  color,  and  eye color, other identifying characteristics shall be
    50  provided. Any information identifying the victim by  name,  birth  date,
    51  address  or  relation  to  the  person  listed  by the division shall be
    52  excluded by the division.
    53    2. When the telephone number is called, a  preamble  shall  be  played
    54  which shall provide the following information:
    55    (a) notice that the caller's telephone number will be recorded;
    56    (b) that there is no charge for use of the telephone number;

        A. 6732                            10
     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    (h) a statement that an  information  package  which  will  include  a
    16  description  of  the  law  and domestic violence prevention materials is
    17  available upon request from the division. Such information package shall
    18  include questions and answers regarding the most  commonly  asked  ques-
    19  tions about the domestic violence offender registration act, and current
    20  domestic violence prevention material.
    21    3.  (a) The division shall establish a program allowing non-profit and
    22  not-for-profit youth services organizations  to  pre-register  with  the
    23  division for use of the telephone number. Pre-registration shall include
    24  the  identification  of  up to two officials of the organization who may
    25  call the telephone number and obtain information on behalf of the organ-
    26  ization. A pre-registered  certificate  issued  under  this  subdivision
    27  shall be valid for two years, unless earlier revoked by the division for
    28  good  cause shown. No fee shall be charged to an applicant for the issu-
    29  ance of a pre-registered certificate pursuant to this subdivision.
    30    (b) An organization granted a pre-registered certificate  pursuant  to
    31  this subdivision may, upon calling the telephone number, inquire whether
    32  multiple  named individuals are listed on the domestic violence offender
    33  registry. Notwithstanding any per call limitation the division may place
    34  on calls by private individuals, the division shall allow  such  pre-re-
    35  gistered  organizations to inquire about up to twenty prospective coach-
    36  es, leaders or volunteers in each call to the telephone number.
    37    (c) For purposes of this subdivision,  "youth  services  organization"
    38  shall  mean  a  formalized program operated by a corporation pursuant to
    39  subparagraph five of paragraph (a) of section one  hundred  two  of  the
    40  not-for-profit  corporation law that functions primarily to: (i) provide
    41  children the opportunity to  participate  in  adult-supervised  sporting
    42  activities;  or  (ii)  match  children  or groups of children with adult
    43  volunteers for the purpose of  providing  children  with  positive  role
    44  models to enhance their development.
    45    4.  Whenever  there  is reasonable cause to believe that any person or
    46  group of persons is engaged in a pattern or practice of  misuse  of  the
    47  telephone  number,  the  attorney  general, any district attorney or any
    48  person aggrieved by the misuse of the number is authorized  to  bring  a
    49  civil  action  in  the  appropriate  court requesting preventive relief,
    50  including an  application  for  a  permanent  or  temporary  injunction,
    51  restraining  order or other order against the person or group of persons
    52  responsible for the pattern or practice of misuse. The  foregoing  reme-
    53  dies  shall  be independent of any other remedies or procedures that may
    54  be available to an aggrieved party under other provisions of law.   Such
    55  person  or  group of persons shall be subject to a fine of not less than
    56  five hundred dollars and not more than one thousand dollars.

        A. 6732                            11
     1    5. The division shall submit to the legislature an  annual  report  on
     2  the  operation of the telephone number. The annual report shall include,
     3  but not be limited to, all of the following:
     4    (a) number of calls received;
     5    (b)  a detailed outline of the amount of money expended and the manner
     6  in which it was expended for purposes of this section;
     7    (c) number of calls that resulted in an affirmative response  and  the
     8  number  of  calls  that  resulted  in a negative response with regard to
     9  whether a named individual was listed;
    10    (d) number of persons listed; and
    11    (e) a summary of the success of the  telephone  number  program  based
    12  upon selected factors.
    13    §  165-l. Immunity from liability. 1. No official, employee or agency,
    14  whether public or private, shall be subject to  any  civil  or  criminal
    15  liability for damages for any discretionary decision to release relevant
    16  and  necessary  information  pursuant  to this section if that official,
    17  employee or agency acted reasonably and  in  good  faith.  The  immunity
    18  provided  under this section applies to the release of relevant informa-
    19  tion to other employees or officials or to the general public.
    20    2. Nothing in this section shall be deemed  to  impose  any  civil  or
    21  criminal liability upon or to give rise to a cause of action against any
    22  official,  employee or agency, whether public or private, for failing to
    23  release information as authorized in  this  section  if  that  official,
    24  employee or agency acted reasonably and in good faith.
    25    § 165-m. Annual report. The division shall on or before February first
    26  in  each  year  file  a  report  with  the governor, and the legislature
    27  detailing the program, compliance with provisions of  this  article  and
    28  effectiveness  of  the  provisions  of  this  article, together with any
    29  recommendations to further enhance the intent of this article.
    30    § 165-n. Failure to register; penalty. Any person required to register
    31  pursuant to the provisions of this article who fails to register in  the
    32  manner and within the time periods provided for in this article shall be
    33  guilty  of  a  class E felony for the first offense, and for a second or
    34  subsequent offense shall be guilty of a class D felony  respectively  in
    35  accordance  with  sections 195.03 and 195.04 of the penal law.  Any such
    36  failure to register may also be  the  basis  for  revocation  of  parole
    37  pursuant  to section two hundred fifty-nine-i of the executive law which
    38  shall be in addition to any other penalties provided by law.
    39    § 165-o. Unauthorized release of information. The unauthorized release
    40  of any information required by this article shall be a class B misdemea-
    41  nor.
    42    § 4. If any clause, sentence,  paragraph,  section  or  part  of  this
    43  section  shall  be adjudged by any court of competent jurisdiction to be
    44  invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
    45  remainder thereof, but shall be confined in its operation to the clause,
    46  sentence,  paragraph,  section  or part thereof directly involved in the
    47  controversy in which such judgment shall have been rendered.
    48    § 5. This act shall take effect immediately; provided,  however,  that
    49  section  two of this act shall take effect on the first of November next
    50  succeeding the date on which it shall have become a law.
feedback