Bill Text: NY A02454 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts Daniella DiMedici and Jessica Tush's Law; creates a registry for domestic abuse offenders; defines domestic abuse offender; allows discretion of the court to place offender on registry.
Spectrum: Moderate Partisan Bill (Democrat 27-8)
Status: (Introduced - Dead) 2014-01-08 - referred to correction [A02454 Detail]
Download: New_York-2013-A02454-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2454
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
Introduced by M. of A. TITONE, GIBSON, CUSICK, ORTIZ, MILLER, BENEDETTO,
STEVENSON, CASTRO, SIMOTAS, PAULIN, GALEF, BRONSON, ZEBROWSKI, LUPAR-
DO, TITUS, ENGLEBRIGHT, WEISENBERG, MAISEL, GUNTHER, GRAF, ROSENTHAL,
COLTON, PERRY, BORELLI -- Multi-Sponsored by -- M. of A. ABBATE,
ARROYO, BRENNAN, CLARK, CRESPO, GIGLIO, HIKIND, MALLIOTAKIS, McDO-
NOUGH, MILLMAN, RA, SALADINO, TENNEY, THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to enacting "Danielle
DiMedici and Jessica Tush's Law"; and to amend the criminal procedure
law, in relation to domestic abuse offenders
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 DANIELLE DIMEDICI AND JESSICA TUSH'S LAW
5 SECTION 169. SHORT TITLE.
6 169-A. DEFINITIONS.
7 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
8 169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION.
9 169-D. DUTIES OF THE COURT.
10 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL
11 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
12 169-F. DUTY TO REGISTER AND TO VERIFY.
13 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
14 169-H. DURATION OF REGISTRATION AND VERIFICATION.
15 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
16 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
17 OF ADDRESS.
18 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
19 169-L. PETITION FOR RELIEF OR MODIFICATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03992-01-3
A. 2454 2
1 169-M. SPECIAL TELEPHONE NUMBER.
2 169-N. DIRECTORY; INTERNET POSTING.
3 169-O. IMMUNITY FROM LIABILITY.
4 169-P. ANNUAL REPORT.
5 169-Q. PENALTY.
6 169-R. UNAUTHORIZED RELEASE OF INFORMATION.
7 169-S. SEPARABILITY.
8 S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
9 "DANIELLE DIMEDICI AND JESSICA TUSH'S LAW".
10 S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
11 NITIONS APPLY:
12 1. "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED
13 OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
14 CONVICTIONS THAT RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR
15 RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR
16 THE PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE
17 PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B)
18 HAS BEEN DETERMINED BY THE COURT TO BE A DOMESTIC ABUSE OFFENDER BY A
19 COURT PURSUANT TO SECTION 530.15 OR PARAGRAPH (H) OF SUBDIVISION ONE OF
20 SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW.
21 2. "DOMESTIC ABUSE OFFENSE" MEANS:
22 (A) DISORDERLY CONDUCT, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
23 CIRCULATION, STRANGULATION IN THE FIRST DEGREE, STRANGULATION IN THE
24 SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND
25 DEGREE, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, STALKING IN THE
26 FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALKING IN THE THIRD
27 DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN
28 THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS ENDANGERMENT,
29 ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE THIRD DEGREE OR AN
30 ATTEMPTED ASSAULT BETWEEN SPOUSES OR FORMER SPOUSES, OR BETWEEN PARENT
31 AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT
32 IF THE RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE
33 PURSUANT TO SECTION 30.00 OF THE PENAL LAW. FOR PURPOSES OF THIS
34 SECTION, "DISORDERLY CONDUCT" INCLUDES DISORDERLY CONDUCT NOT IN A
35 PUBLIC PLACE; OR
36 (B) A CONVICTION OF (I) AN OFFENSE IN ANY OTHER JURISDICTION WHICH
37 INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN
38 PARAGRAPH (A) OF THIS SUBDIVISION OR (II) A FELONY IN ANY OTHER JURIS-
39 DICTION FOR WHICH THE OFFENDER IS REQUIRED TO REGISTER AS A DOMESTIC
40 ABUSE OFFENDER IN THE JURISDICTION IN WHICH THE CONVICTION OCCURRED,
41 PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY
42 THE SAME AS THOSE WHICH ARE A PART OF SUCH OFFENSE AS OF THE DATE ON
43 WHICH THIS SECTION TAKES EFFECT.
44 3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
45 HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE
46 FOLLOWING:
47 (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
48 (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
49 (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
50 STILL RESIDE IN THE SAME HOUSEHOLD;
51 (D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
52 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
53 (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
54 ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
55 PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER
56 IN DETERMINING WHETHER A RELATIONSHIP IS AN "INTIMATE RELATIONSHIP"
A. 2454 3
1 INCLUDE BUT ARE NOT LIMITED TO: THE NATURE OR TYPE OF RELATIONSHIP,
2 REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
3 CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
4 SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN
5 TWO INDIVIDUALS IN BUSINESS OR SOCIAL CONTEXTS SHALL BE DEEMED TO
6 CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND
7 (F) PERSONS RESIDING TOGETHER CONTINUALLY OR AT REGULAR INTERVALS,
8 CURRENTLY OR IN THE PAST.
9 4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
10 (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
11 IN WHICH THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
12 DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR
13 UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE
14 NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE
15 CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH THE OFFENDER
16 EXPECTS TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN
17 SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
18 (B) IN THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS TO BE
19 EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
20 SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW
21 ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU-
22 TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
23 SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE
24 COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO
25 CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
26 DIVISION OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR
27 EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH
28 AGENCY.
29 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
30 DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
31 6. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
32 AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
33 CHAPTER.
34 7. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
35 CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
36 SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
37 8. "NONRESIDENT WORKER" MEANS ANY PERSON REQUIRED TO REGISTER AS A
38 DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS EMPLOYED OR
39 CARRIES ON A VOCATION IN THIS STATE, ON EITHER A FULL-TIME OR A
40 PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FOR MORE THAN FOURTEEN
41 CONSECUTIVE DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN A
42 CALENDAR YEAR.
43 9. "NONRESIDENT STUDENT" MEANS A PERSON REQUIRED TO REGISTER AS A
44 DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS ENROLLED ON A
45 FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI-
46 TUTION IN THIS STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFES-
47 SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION.
48 S 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE
49 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
50 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
51 THE FOLLOWING INFORMATION OF EACH REGISTRANT:
52 (A) THE DOMESTIC ABUSE OFFENDER'S NAME, ALL ALIASES USED, DATE OF
53 BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
54 AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
55 (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
A. 2454 4
1 (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER
2 WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
3 (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
4 WHICH THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTEND-
5 ING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
6 DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR
7 OPERATED BY SUCH INSTITUTION.
8 (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
9 2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
10 ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS FOR THE
11 PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
12 REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE
13 SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
14 ARTICLE.
15 (B) THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
16 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE
17 PROVISIONS OF THIS ARTICLE.
18 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
19 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
20 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
21 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
22 ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
23 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
24 LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
25 MENTS.
26 5. THE DIVISION SHALL ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
27 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE.
28 6. THE DIVISION SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE
29 HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
30 7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ADVISE
31 THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
32 8. (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC
33 ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH FEE
34 SHALL BE SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE
35 DIVISION.
36 (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMES-
37 TIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
38 OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
39 INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF
40 SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE PAID
41 TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS
42 HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
43 S 169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
44 CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
45 MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO
46 THE RELEASE OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC-
47 TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF
48 THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC ABUSE OFFENDER,
49 INFORMING THE DIVISION IN WRITING ON A FORM PROVIDED BY THE DIVISION
50 INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES TO RESIDE AND THE
51 NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR
52 SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
53 SATION OR NOT, AND WHETHER HE OR SHE RESIDES IN OR WILL RESIDE IN A
54 FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH DOMESTIC ABUSE
55 OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
56 NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE DOMESTIC
A. 2454 5
1 ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION
2 ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER
3 CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
4 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH
5 NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
6 OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A
7 FORM PROVIDED BY THE DIVISION.
8 2. IN THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL
9 BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY
10 THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A
11 FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER CHANGES
12 THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
13 AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI-
14 CATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
15 OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
16 A FORM PROVIDED BY THE DIVISION.
17 3. IN THE CASE IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A
18 STATE OR LOCAL CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL OF THE
19 FACILITY WHERE THE DOMESTIC ABUSE OFFENDER WAS CONFINED SHALL NOTIFY
20 WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC-
21 TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCE-
22 MENT AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND
23 THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER
24 CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE
25 FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME
26 FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A COPY
27 OF SUCH DOMESTIC ABUSE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A
28 SUMMARY OF HIS OR HER CRIMINAL RECORD.
29 4. THE DIVISION SHALL PROVIDE GENERAL INFORMATION, IN REGISTRATION
30 MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
31 TION AND REGISTRATION PROCEDURES THAT MAY APPLY IF THE REGISTRANT IS
32 AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
33 POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
34 INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA-
35 TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
36 FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
37 S 169-D. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE
38 OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED
39 SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS
40 A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE
41 JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE
42 OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE
43 CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC
44 ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
45 2. ANY DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF A VIOLENT
46 FELONY OR TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A MEMBER OF
47 SUCH OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF THE
48 CRIMINAL PROCEDURE LAW, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
49 PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE
50 SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
51 DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS
52 CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER
53 SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE
54 COURT SHALL REQUIRE THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH
55 FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE COURT
56 SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER
A. 2454 6
1 EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND ADDRESS OF
2 ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
3 ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
4 WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
5 SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION.
6 THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER
7 AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
8 MATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE
9 COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER
10 MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE
11 REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DOMESTIC ABUSE OFFENDER
12 VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE
13 MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
14 LAW.
15 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT
16 SHALL BE IN THE COURTS DISCRETION TO REQUIRE AN OFFENDER TO REGISTER
17 PURSUANT TO THIS ARTICLE. IN DETERMINING WHETHER AN OFFENDER SHOULD BE
18 ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE
19 OFFENDER IS A VICTIM WHO WAS DEFENDING HIMSELF OR HERSELF AND THE
20 OFFENDER'S HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A JUDGE
21 MAY REQUIRE A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING METHODS SUCH
22 AS A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC VIOLENCE
23 SCREENING INSTRUMENT OR A KINGSTON SCREENING INSTRUMENT FOR DOMESTIC
24 VIOLENCE.
25 4. THE COURT SHALL PROVIDE REASONABLE OPPORTUNITY TO A VICTIM TO
26 OBJECT TO AN OFFENDER'S INCLUSION IN THE REGISTRY AND SHALL TAKE SUCH
27 INFORMATION INTO ACCOUNT WHILE DETERMINING THE OFFENDER'S INCLUSION
28 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
29 S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL-
30 ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE
31 DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED
32 FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, SHALL AT LEAST FIFTEEN
33 CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS
34 OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE
35 OR SHE WAS CONFINED. THE FACILITY SHALL REQUIRE THE DOMESTIC ABUSE
36 OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION
37 STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN
38 EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
39 FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE
40 DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,
41 PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
42 EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
43 EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS
44 TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND
45 SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE
46 ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND
47 SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
48 TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
49 GIVE THE DOMESTIC ABUSE OFFENDER A FORM PREPARED BY THE DIVISION, TO
50 REGISTER WITH THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO
51 RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE DOMESTIC ABUSE
52 OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS
53 PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE.
54 2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
55 AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
56 OBTAINED.
A. 2454 7
1 S 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE OFFEN-
2 DER SHALL (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
3 RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL
4 CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR (B) IF RELEASED
5 ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
6 OR UNCONDITIONAL DISCHARGE, AT THE TIME SENTENCE IS IMPOSED, REGISTER
7 WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
8 2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
9 SHALL ON OR BEFORE EACH ANNIVERSARY OF THE DOMESTIC ABUSE OFFENDER'S
10 INITIAL REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE IS
11 REQUIRED TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS
12 LAST REPORTED TO THE DIVISION.
13 3. ANY DOMESTIC ABUSE OFFENDER SHALL REGISTER WITH THE DIVISION NO
14 LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE
15 OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
16 AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR-
17 IZED BY SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
18 ARTICLE, SHALL BE SUBMITTED BY THE DOMESTIC ABUSE OFFENDER EACH TIME
19 SUCH DOMESTIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY
20 CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
21 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE OR OMIS-
22 SION TO SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE
23 DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
24 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
25 BE APPLICABLE TO ANY DOMESTIC ABUSE OFFENDER WHOSE CONVICTION WAS
26 REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
27 5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
28 VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI-
29 CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR
30 HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE
31 DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER OR
32 NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
33 INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT
34 SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR
35 EDUCATIONAL INSTITUTION ADDRESS NO LATER THAN TEN DAYS AFTER SUCH
36 CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY WHERE THE
37 NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
38 THAT A NONRESIDENT WORKER OR NONRESIDENT STUDENT IS PRESENT IN THAT
39 AGENCY'S JURISDICTION.
40 S 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. EVERY
41 DOMESTIC ABUSE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS
42 THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION
43 TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN
44 THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER WITH HIS OR HER
45 PAROLE OR PROBATION OFFICER. ANY DOMESTIC ABUSE OFFENDER WHO FAILS OR
46 REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE
47 PROVIDED FOR IN THIS ARTICLE WHICH WOULD BE IMPOSED UPON A DOMESTIC
48 ABUSE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF
49 THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
50 2. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
51 AND REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE REQUIREMENTS
52 IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
53 COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN THREE
54 CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
55 SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
56 ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER
A. 2454 8
1 RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
2 LOCAL CONDITIONAL RELEASE.
3 S 169-H. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
4 REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR
5 A PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION, AS
6 DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS
7 AGAINST THE DOMESTIC ABUSE OFFENDER.
8 S 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
9 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
10 WRITING SIGNED BY THE DOMESTIC ABUSE OFFENDER GIVING THE INFORMATION
11 THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
12 MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
13 S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
14 ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC ABUSE
15 OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL
16 NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
17 PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
18 TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
19 2. THE DIVISION SHALL, IF THE DOMESTIC ABUSE OFFENDER CHANGES RESI-
20 DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
21 OF THE NEW PLACE OF RESIDENCE.
22 3. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
23 ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
24 DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE
25 DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
26 WHICH IS AFFECTED BY SUCH CHANGE.
27 S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
28 DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
29 REQUIRES REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
30 ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF
31 THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
32 ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
33 2. THE DIVISION SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
34 PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE INDIVIDUALS IN OTHER
35 STATES AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
36 DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
37 ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
38 SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE AND
39 THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
40 SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
41 INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS MAY USE TO
42 OBTAIN ADDITIONAL INFORMATION.
43 S 169-L. PETITION FOR RELIEF OR MODIFICATION. ANY DOMESTIC ABUSE
44 OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS ARTICLE
45 AND WHO HAS BEEN REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE
46 RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION
47 FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER-
48 MINATION REGARDING DURATION OF REGISTRATION AND LEVEL OF NOTIFICATION.
49 THE OFFENDER SHALL BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING
50 EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE AND THREAT TO PUBLIC
51 SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY.
52 SUCH PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY
53 TO REGISTER PURSUANT TO THIS ARTICLE UPON CONVICTION OF ANY OFFENSE
54 REQUIRING REGISTRATION IN THE FUTURE. SUCH A PETITION SHALL NOT BE
55 CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE DOMES-
56 TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR-
A. 2454 9
1 NEY MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF
2 ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW
3 AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT THE DOMESTIC
4 ABUSE OFFENDER UPON THE GROUND THAT THE DOMESTIC ABUSE OFFENDER IS
5 FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
6 THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY APPEAL AS A
7 POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
8 S 169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
9 SIXTY-NINE-B OF THIS ARTICLE, THE DIVISION SHALL OPERATE A TELEPHONE
10 NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE
11 WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE
12 IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASON-
13 ABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
14 RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON
15 REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION FROM
16 THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET
17 ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE NUMBER OR BIRTH
18 DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY
19 NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS,
20 ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF
21 AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC-
22 TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER
23 IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY-
24 ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON
25 LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
26 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
27 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
28 (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
29 (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
30 (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
31 TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE
32 MAINTAINED IN A WRITTEN RECORD;
33 (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
34 THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
35 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
36 (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
37 ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
38 INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN
39 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
40 (F) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
41 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
42 3. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
43 GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE
44 TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY
45 PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A
46 CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF,
47 INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION,
48 RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
49 RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME-
50 DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
51 BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH
52 PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
53 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
54 4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
55 THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
56 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
A. 2454 10
1 (A) NUMBER OF CALLS RECEIVED;
2 (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
3 IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
4 (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
5 NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO
6 WHETHER A NAMED INDIVIDUAL WAS LISTED;
7 (D) NUMBER OF PERSONS LISTED; AND
8 (E) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
9 UPON SELECTED FACTORS.
10 S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A
11 DIRECTORY OF DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL INCLUDE THE
12 ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF
13 THE DOMESTIC ABUSE OFFENDER ALONG WITH THE FOLLOWING INFORMATION, IF
14 AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE
15 DIRECTORY SHALL HAVE DOMESTIC ABUSE OFFENDER LISTINGS CATEGORIZED BY
16 COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE DISTRIB-
17 UTED TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW
18 ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. THE DIVISION SHALL
19 DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY,
20 COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
21 SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRITING PROVIDE THEIR
22 NAME AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY PROVIDED
23 FOR IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS EFFICIENCY
24 AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE
25 MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE.
26 2. EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY DISPLAY A
27 LINK TO THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF
28 DOMESTIC VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE DOMES-
29 TIC VIOLENCE HOTLINE AND SHALL ALSO CONTAIN A CAVEAT INFORMING USERS
30 THAT A PERSON WHO IS NOT ON THE REGISTRY MAY STILL HAVE A HISTORY OF
31 VIOLENCE OR A PROPENSITY FOR VIOLENCE AND IF THE USER SUSPECTS THAT A
32 PERSON HE OR SHE IS INVOLVED WITH IS DANGEROUS, HE OR SHE SHOULD CALL
33 THE HOTLINE.
34 3. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
35 IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
36 IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
37 NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
38 OF THE DIRECTORY FROM THE OFFICES OF A LOCAL, VILLAGE OR CITY POLICE
39 DEPARTMENT SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND
40 DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
41 ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
42 PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
43 A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
44 AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
45 FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
46 DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
47 OF LAW.
48 S 169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
49 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
50 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
51 AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
52 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
53 BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
54 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
55 THE GENERAL PUBLIC.
A. 2454 11
1 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
2 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
3 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
4 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION UNLESS IT IS SHOWN
5 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
6 BAD FAITH.
7 S 169-P. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE AUGUST FIRST
8 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
9 ING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
10 TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMEN-
11 DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
12 S 169-Q. PENALTY. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER OR
13 TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGIS-
14 TER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN
15 THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION
16 FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT
17 OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGIS-
18 TER OR VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO
19 SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR
20 REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE
21 CRIMINAL PROCEDURE LAW.
22 S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
23 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
24 NOR.
25 S 169-S. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
26 SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
27 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
28 ANY OTHER SECTION OR PART THEREOF.
29 S 2. The criminal procedure law is amended by adding a new section
30 530.15 to read as follows:
31 S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION.
32 IF IN THE OPINION OF THE COURT THE INTEREST OF JUSTICE WOULD BE
33 SERVED, THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST WHOM
34 AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS
35 IS A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION
36 ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
37 S 3. Subdivision 1 of section 530.12 of the criminal procedure law is
38 amended by adding a new paragraph (h) to read as follows:
39 (H) DETERMINE A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN
40 ISSUED ON TWO OR MORE SEPARATE OCCASIONS TO BE A "DOMESTIC ABUSE OFFEN-
41 DER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-A
42 OF THE CORRECTION LAW.
43 S 4. This act shall take effect on the one hundred eightieth day after
44 it shall have become a law, provided, however, that effective immediate-
45 ly, the addition, amendment and/or repeal of any rule or regulation
46 necessary for the implementation of this act on its effective date is
47 authorized to be made and completed on or before such date.
