Bill Text: NY A02850 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts Daniella DiMedici, Jessica Tush and Brittany Passalacqua's Law; establishes the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; creates a registry for domestic abuse offenders; defines domestic abuse offender; allows discretion of the court to place offender on registry.
Spectrum: Slight Partisan Bill (Democrat 24-8)
Status: (Introduced - Dead) 0000-00-00 - [A02850 Detail]
Download: New_York-2015-A02850-Introduced.html
Bill Title: Enacts Daniella DiMedici, Jessica Tush and Brittany Passalacqua's Law; establishes the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; creates a registry for domestic abuse offenders; defines domestic abuse offender; allows discretion of the court to place offender on registry.
Spectrum: Slight Partisan Bill (Democrat 24-8)
Status: (Introduced - Dead) 0000-00-00 - [A02850 Detail]
Download: New_York-2015-A02850-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2850
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. TITONE, CUSICK, ORTIZ, MILLER, BENEDETTO, SIMO-
TAS, PAULIN, GALEF, BRONSON, ZEBROWSKI, LUPARDO, TITUS, ENGLEBRIGHT,
GUNTHER, GRAF, ROSENTHAL, COLTON, PERRY, BORELLI, SKOUFIS -- Multi-
Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN, CLARK, CRESPO,
GIGLIO, HIKIND, MALLIOTAKIS, McDONOUGH, 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.
20 169-M. SPECIAL TELEPHONE NUMBER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03904-01-5
A. 2850 2
1 169-N. DIRECTORY; INTERNET POSTING.
2 169-O. IMMUNITY FROM LIABILITY.
3 169-P. ANNUAL REPORT.
4 169-Q. PENALTY.
5 169-R. UNAUTHORIZED RELEASE OF INFORMATION.
6 169-S. SEPARABILITY.
7 S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
8 "DANIELLE DIMEDICI AND JESSICA TUSH'S LAW".
9 S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
10 NITIONS APPLY:
11 1. "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED
12 OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
13 CONVICTIONS THAT RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR
14 RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR
15 THE PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE
16 PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B)
17 HAS BEEN DETERMINED BY THE COURT TO BE A DOMESTIC ABUSE OFFENDER BY A
18 COURT PURSUANT TO SECTION 530.15 OR PARAGRAPH (C) OF SUBDIVISION ONE OF
19 SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW.
20 2. "DOMESTIC ABUSE OFFENSE" MEANS:
21 (A) DISORDERLY CONDUCT, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
22 CIRCULATION, STRANGULATION IN THE FIRST DEGREE, STRANGULATION IN THE
23 SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND
24 DEGREE, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, STALKING IN THE
25 FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALKING IN THE THIRD
26 DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN
27 THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS ENDANGERMENT,
28 ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE THIRD DEGREE OR AN
29 ATTEMPTED ASSAULT BETWEEN SPOUSES OR FORMER SPOUSES, OR BETWEEN PARENT
30 AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT
31 IF THE RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE
32 PURSUANT TO SECTION 30.00 OF THE PENAL LAW. FOR PURPOSES OF THIS
33 SECTION, "DISORDERLY CONDUCT" INCLUDES DISORDERLY CONDUCT NOT IN A
34 PUBLIC PLACE; OR
35 (B) A CONVICTION OF (I) AN OFFENSE IN ANY OTHER JURISDICTION WHICH
36 INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN
37 PARAGRAPH (A) OF THIS SUBDIVISION OR (II) A FELONY IN ANY OTHER JURIS-
38 DICTION FOR WHICH THE OFFENDER IS REQUIRED TO REGISTER AS A DOMESTIC
39 ABUSE OFFENDER IN THE JURISDICTION IN WHICH THE CONVICTION OCCURRED,
40 PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY
41 THE SAME AS THOSE WHICH ARE A PART OF SUCH OFFENSE AS OF THE DATE ON
42 WHICH THIS SECTION TAKES EFFECT.
43 3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
44 HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE
45 FOLLOWING:
46 (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
47 (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
48 (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
49 STILL RESIDE IN THE SAME HOUSEHOLD;
50 (D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
51 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
52 (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
53 ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
54 PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER
55 IN DETERMINING WHETHER A RELATIONSHIP IS AN "INTIMATE RELATIONSHIP"
56 INCLUDE BUT ARE NOT LIMITED TO: THE NATURE OR TYPE OF RELATIONSHIP,
A. 2850 3
1 REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
2 CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
3 SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN
4 TWO INDIVIDUALS IN BUSINESS OR SOCIAL CONTEXTS SHALL BE DEEMED TO
5 CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND
6 (F) PERSONS RESIDING TOGETHER CONTINUALLY OR AT REGULAR INTERVALS,
7 CURRENTLY OR IN THE PAST.
8 4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
9 (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
10 IN WHICH THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
11 DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR
12 UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE
13 NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE
14 CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY IN WHICH THE OFFENDER
15 EXPECTS TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN
16 SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
17 (B) IN THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS TO BE
18 EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
19 SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW
20 ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU-
21 TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
22 SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE
23 COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO
24 CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
25 DIVISION OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR
26 EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH
27 AGENCY.
28 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
29 DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
30 6. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
31 AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
32 CHAPTER.
33 7. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
34 CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
35 SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
36 8. "NONRESIDENT WORKER" MEANS ANY PERSON REQUIRED TO REGISTER AS A
37 DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS EMPLOYED OR
38 CARRIES ON A VOCATION IN THIS STATE, ON EITHER A FULL-TIME OR A
39 PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FOR MORE THAN FOURTEEN
40 CONSECUTIVE DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN A
41 CALENDAR YEAR.
42 9. "NONRESIDENT STUDENT" MEANS A PERSON REQUIRED TO REGISTER AS A
43 DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO IS ENROLLED ON A
44 FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI-
45 TUTION IN THIS STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFES-
46 SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION.
47 S 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE
48 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
49 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
50 THE FOLLOWING INFORMATION OF EACH REGISTRANT:
51 (A) THE DOMESTIC ABUSE OFFENDER'S NAME, ALL ALIASES USED, DATE OF
52 BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
53 AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
54 (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
55 (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER
56 WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
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1 (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
2 WHICH THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTEND-
3 ING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
4 DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR
5 OPERATED BY SUCH INSTITUTION.
6 (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
7 2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
8 ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS FOR THE
9 PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
10 REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE
11 SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
12 ARTICLE.
13 (B) THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
14 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE
15 PROVISIONS OF THIS ARTICLE.
16 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
17 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
18 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
19 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
20 ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
21 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
22 LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
23 MENTS.
24 5. THE DIVISION SHALL ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
25 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE.
26 6. THE DIVISION SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE
27 HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
28 7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ADVISE
29 THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
30 8. (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC
31 ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH FEE
32 SHALL BE SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE
33 DIVISION.
34 (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMES-
35 TIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
36 OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
37 INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF
38 SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE PAID
39 TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS
40 HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
41 S 169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
42 CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
43 MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO
44 THE RELEASE OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC-
45 TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF
46 THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC ABUSE OFFENDER,
47 INFORMING THE DIVISION IN WRITING ON A FORM PROVIDED BY THE DIVISION
48 INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES TO RESIDE AND THE
49 NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR
50 SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
51 SATION OR NOT, AND WHETHER HE OR SHE RESIDES IN OR WILL RESIDE IN A
52 FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH DOMESTIC ABUSE
53 OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
54 NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE DOMESTIC
55 ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION
56 ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER
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1 CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
2 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH
3 NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
4 OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A
5 FORM PROVIDED BY THE DIVISION.
6 2. IN THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL
7 BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY
8 THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A
9 FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER CHANGES
10 THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
11 AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI-
12 CATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
13 OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
14 A FORM PROVIDED BY THE DIVISION.
15 3. IN THE CASE IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A
16 STATE OR LOCAL CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL OF THE
17 FACILITY WHERE THE DOMESTIC ABUSE OFFENDER WAS CONFINED SHALL NOTIFY
18 WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC-
19 TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCE-
20 MENT AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND
21 THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER
22 CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE
23 FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME
24 FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A COPY
25 OF SUCH DOMESTIC ABUSE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A
26 SUMMARY OF HIS OR HER CRIMINAL RECORD.
27 4. THE DIVISION SHALL PROVIDE GENERAL INFORMATION, IN REGISTRATION
28 MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
29 TION AND REGISTRATION PROCEDURES THAT MAY APPLY IF THE REGISTRANT IS
30 AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
31 POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
32 INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA-
33 TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
34 FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
35 S 169-D. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE
36 OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED
37 SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS
38 A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE
39 JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE
40 OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE
41 CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC
42 ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
43 2. ANY DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF A VIOLENT
44 FELONY OR TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A MEMBER OF
45 SUCH OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF THE
46 CRIMINAL PROCEDURE LAW, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
47 PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE
48 SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
49 DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS
50 CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER
51 SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE
52 COURT SHALL REQUIRE THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH
53 FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE COURT
54 SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER
55 EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND ADDRESS OF
56 ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
A. 2850 6
1 ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
2 WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
3 SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION.
4 THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER
5 AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
6 MATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE
7 COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER
8 MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE
9 REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DOMESTIC ABUSE OFFENDER
10 VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE
11 MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
12 LAW.
13 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT
14 SHALL BE IN THE COURTS DISCRETION TO REQUIRE AN OFFENDER TO REGISTER
15 PURSUANT TO THIS ARTICLE. IN DETERMINING WHETHER AN OFFENDER SHOULD BE
16 ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE
17 OFFENDER IS A VICTIM WHO WAS DEFENDING HIMSELF OR HERSELF AND THE
18 OFFENDER'S HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A JUDGE
19 MAY REQUIRE A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING METHODS SUCH
20 AS A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC VIOLENCE
21 SCREENING INSTRUMENT OR A KINGSTON SCREENING INSTRUMENT FOR DOMESTIC
22 VIOLENCE.
23 4. THE COURT SHALL PROVIDE REASONABLE OPPORTUNITY TO A VICTIM TO
24 OBJECT TO AN OFFENDER'S INCLUSION IN THE REGISTRY AND SHALL TAKE SUCH
25 INFORMATION INTO ACCOUNT WHILE DETERMINING THE OFFENDER'S INCLUSION
26 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
27 S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL-
28 ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE
29 DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED
30 FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, SHALL AT LEAST FIFTEEN
31 CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS
32 OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE
33 OR SHE WAS CONFINED. THE FACILITY SHALL REQUIRE THE DOMESTIC ABUSE
34 OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION
35 STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN
36 EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
37 FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE
38 DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,
39 PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
40 EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
41 EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS
42 TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND
43 SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE
44 ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND
45 SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
46 TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
47 GIVE THE DOMESTIC ABUSE OFFENDER A FORM PREPARED BY THE DIVISION, TO
48 REGISTER WITH THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO
49 RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE DOMESTIC ABUSE
50 OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS
51 PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE.
52 2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
53 AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
54 OBTAINED.
55 S 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE OFFEN-
56 DER SHALL (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
A. 2850 7
1 RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL
2 CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR (B) IF RELEASED
3 ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
4 OR UNCONDITIONAL DISCHARGE, AT THE TIME SENTENCE IS IMPOSED, REGISTER
5 WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
6 2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
7 SHALL ON OR BEFORE EACH ANNIVERSARY OF THE DOMESTIC ABUSE OFFENDER'S
8 INITIAL REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE IS
9 REQUIRED TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS
10 LAST REPORTED TO THE DIVISION.
11 3. ANY DOMESTIC ABUSE OFFENDER SHALL REGISTER WITH THE DIVISION NO
12 LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE
13 OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
14 AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR-
15 IZED BY SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
16 ARTICLE, SHALL BE SUBMITTED BY THE DOMESTIC ABUSE OFFENDER EACH TIME
17 SUCH DOMESTIC ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY
18 CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
19 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE OR OMIS-
20 SION TO SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE
21 DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
22 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
23 BE APPLICABLE TO ANY DOMESTIC ABUSE OFFENDER WHOSE CONVICTION WAS
24 REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
25 5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
26 VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI-
27 CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR
28 HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE
29 DIVISION WITHIN TEN CALENDAR DAYS AFTER SUCH NONRESIDENT WORKER OR
30 NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
31 INSTITUTION IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT
32 SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESIDENCE, EMPLOYMENT OR
33 EDUCATIONAL INSTITUTION ADDRESS NO LATER THAN TEN DAYS AFTER SUCH
34 CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY WHERE THE
35 NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
36 THAT A NONRESIDENT WORKER OR NONRESIDENT STUDENT IS PRESENT IN THAT
37 AGENCY'S JURISDICTION.
38 S 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. EVERY
39 DOMESTIC ABUSE OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS
40 THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SUBDIVISION
41 TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN
42 THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER WITH HIS OR HER
43 PAROLE OR PROBATION OFFICER. ANY DOMESTIC ABUSE OFFENDER WHO FAILS OR
44 REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE
45 PROVIDED FOR IN THIS ARTICLE WHICH WOULD BE IMPOSED UPON A DOMESTIC
46 ABUSE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF
47 THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
48 2. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
49 AND REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE REQUIREMENTS
50 IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
51 COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN THREE
52 CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
53 SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
54 ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER
55 RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
56 LOCAL CONDITIONAL RELEASE.
A. 2850 8
1 S 169-H. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
2 REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR
3 A PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION, AS
4 DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS
5 AGAINST THE DOMESTIC ABUSE OFFENDER.
6 S 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
7 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
8 WRITING SIGNED BY THE DOMESTIC ABUSE OFFENDER GIVING THE INFORMATION
9 THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
10 MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
11 S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
12 ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC ABUSE
13 OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL
14 NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
15 PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
16 TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
17 2. THE DIVISION SHALL, IF THE DOMESTIC ABUSE OFFENDER CHANGES RESI-
18 DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
19 OF THE NEW PLACE OF RESIDENCE.
20 3. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
21 ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
22 DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE
23 DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
24 WHICH IS AFFECTED BY SUCH CHANGE.
25 S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
26 DOMESTIC ABUSE OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
27 REQUIRES REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
28 ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF
29 THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
30 ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
31 2. THE DIVISION SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
32 PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE INDIVIDUALS IN OTHER
33 STATES AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
34 DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
35 ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
36 SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE AND
37 THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
38 SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
39 INDIVIDUALS IN OTHER STATES AND UNITED STATES POSSESSIONS MAY USE TO
40 OBTAIN ADDITIONAL INFORMATION.
41 S 169-L. PETITION FOR RELIEF OR MODIFICATION. ANY DOMESTIC ABUSE
42 OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS ARTICLE
43 AND WHO HAS BEEN REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE
44 RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION
45 FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER-
46 MINATION REGARDING DURATION OF REGISTRATION AND LEVEL OF NOTIFICATION.
47 THE OFFENDER SHALL BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING
48 EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE AND THREAT TO PUBLIC
49 SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY.
50 SUCH PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY
51 TO REGISTER PURSUANT TO THIS ARTICLE UPON CONVICTION OF ANY OFFENSE
52 REQUIRING REGISTRATION IN THE FUTURE. SUCH A PETITION SHALL NOT BE
53 CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE DOMES-
54 TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR-
55 NEY MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF
56 ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW
A. 2850 9
1 AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT THE DOMESTIC
2 ABUSE OFFENDER UPON THE GROUND THAT THE DOMESTIC ABUSE OFFENDER IS
3 FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
4 THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY APPEAL AS A
5 POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
6 S 169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
7 SIXTY-NINE-B OF THIS ARTICLE, THE DIVISION SHALL OPERATE A TELEPHONE
8 NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE
9 WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE
10 IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASON-
11 ABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
12 RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON
13 REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION FROM
14 THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET
15 ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE NUMBER OR BIRTH
16 DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY
17 NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS,
18 ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF
19 AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC-
20 TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER
21 IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY-
22 ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON
23 LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
24 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
25 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
26 (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
27 (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
28 (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
29 TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE
30 MAINTAINED IN A WRITTEN RECORD;
31 (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
32 THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
33 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
34 (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
35 ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
36 INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN
37 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
38 (F) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
39 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
40 3. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
41 GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE
42 TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY
43 PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A
44 CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF,
45 INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION,
46 RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
47 RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME-
48 DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
49 BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH
50 PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
51 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
52 4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
53 THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
54 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
55 (A) NUMBER OF CALLS RECEIVED;
A. 2850 10
1 (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
2 IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
3 (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
4 NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO
5 WHETHER A NAMED INDIVIDUAL WAS LISTED;
6 (D) NUMBER OF PERSONS LISTED; AND
7 (E) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
8 UPON SELECTED FACTORS.
9 S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A
10 DIRECTORY OF DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL INCLUDE THE
11 ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF
12 THE DOMESTIC ABUSE OFFENDER ALONG WITH THE FOLLOWING INFORMATION, IF
13 AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE
14 DIRECTORY SHALL HAVE DOMESTIC ABUSE OFFENDER LISTINGS CATEGORIZED BY
15 COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE DISTRIB-
16 UTED TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW
17 ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. THE DIVISION SHALL
18 DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY,
19 COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
20 SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRITING PROVIDE THEIR
21 NAME AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY PROVIDED
22 FOR IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS EFFICIENCY
23 AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE
24 MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE.
25 2. EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY DISPLAY A
26 LINK TO THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF
27 DOMESTIC VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE DOMES-
28 TIC VIOLENCE HOTLINE AND SHALL ALSO CONTAIN A CAVEAT INFORMING USERS
29 THAT A PERSON WHO IS NOT ON THE REGISTRY MAY STILL HAVE A HISTORY OF
30 VIOLENCE OR A PROPENSITY FOR VIOLENCE AND IF THE USER SUSPECTS THAT A
31 PERSON HE OR SHE IS INVOLVED WITH IS DANGEROUS, HE OR SHE SHOULD CALL
32 THE HOTLINE.
33 3. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
34 IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
35 IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
36 NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
37 OF THE DIRECTORY FROM THE OFFICES OF A LOCAL, VILLAGE OR CITY POLICE
38 DEPARTMENT SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND
39 DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
40 ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
41 PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
42 A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
43 AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
44 FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
45 DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
46 OF LAW.
47 S 169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
48 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
49 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
50 AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
51 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
52 BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
53 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
54 THE GENERAL PUBLIC.
55 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
56 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
A. 2850 11
1 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
2 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION UNLESS IT IS SHOWN
3 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
4 BAD FAITH.
5 S 169-P. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE AUGUST FIRST
6 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
7 ING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
8 TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY RECOMMEN-
9 DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
10 S 169-Q. PENALTY. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER OR
11 TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGIS-
12 TER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN
13 THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION
14 FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT
15 OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGIS-
16 TER OR VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO
17 SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR
18 REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE
19 CRIMINAL PROCEDURE LAW.
20 S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
21 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
22 NOR.
23 S 169-S. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
24 SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
25 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
26 ANY OTHER SECTION OR PART THEREOF.
27 S 2. The criminal procedure law is amended by adding a new section
28 530.15 to read as follows:
29 S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION.
30 IF IN THE OPINION OF THE COURT THE INTEREST OF JUSTICE WOULD BE
31 SERVED, THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST WHOM
32 AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS
33 IS A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION
34 ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
35 S 3. Subdivision 1 of section 530.12 of the criminal procedure law is
36 amended by adding a new paragraph (c) to read as follows:
37 (C) DETERMINE A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN
38 ISSUED ON TWO OR MORE SEPARATE OCCASIONS TO BE A "DOMESTIC ABUSE OFFEN-
39 DER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-A
40 OF THE CORRECTION LAW.
41 S 4. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law, provided, however, that effective immediate-
43 ly, the addition, amendment and/or repeal of any rule or regulation
44 necessary for the implementation of this act on its effective date is
45 authorized to be made and completed on or before such date.
