Bill Text: NY A05738 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to establishing the drug dealer registration act; requires that files be maintained for individuals required to register with the division, as well as storing and sharing the information with individuals when requested; defines terms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-20 - referred to correction [A05738 Detail]
Download: New_York-2025-A05738-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5738 2025-2026 Regular Sessions IN ASSEMBLY February 20, 2025 ___________ Introduced by M. of A. REILLY -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to creating the drug dealer registration act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding a new article 6-D 2 to read as follows: 3 ARTICLE 6-D 4 DRUG DEALER REGISTRATION ACT 5 Section 169. Short title. 6 169-a. Definitions. 7 169-b. Duties of the division; registration information. 8 169-c. Drug dealer; relocation; notification. 9 169-d. Duties of the court. 10 169-e. Discharge of drug dealer from correctional facility; 11 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. Board of examiners of drug dealers. 20 169-m. Review. 21 169-n. Judicial determination. 22 169-o. Petition for relief or modification. 23 169-p. Special telephone number. 24 169-q. Subdirectory; internet posting. 25 169-r. Immunity from liability. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03413-01-5A. 5738 2 1 169-s. Annual report. 2 169-t. Penalty. 3 169-u. Unauthorized release of information. 4 169-v. Prohibition of employment on motor vehicles engaged in 5 retail sales of frozen desserts. 6 169-w. Separability. 7 § 169. Short title. This article shall be known and may be cited as 8 the "Drug Dealer Registration Act". 9 § 169-a. Definitions. As used in this article, the following defi- 10 nitions apply: 11 1. "Drug dealer" includes any person who is convicted of any of the 12 offenses set forth in subdivision two of this section. Convictions that 13 result from or are connected with the same act, or result from offenses 14 committed at the same time, shall be counted for the purpose of this 15 article as one conviction. Any conviction set aside pursuant to law is 16 not a conviction for purposes of this article. 17 2. "Drug offense" means a conviction of or a conviction for an attempt 18 to commit any of the provisions of section 220.31, 220.34, 220.39, 19 220.41, 220.43, 220.44, 220.48, 220.65, 220.73, 220.74, 220.75 or 220.77 20 of article two hundred twenty of the penal law. 21 3. "Law enforcement agency having jurisdiction" means: (a) (i) the 22 chief law enforcement officer in the village, town or city in which the 23 dealer expects to reside upon discharge, probation, parole, release to 24 post-release supervision or upon any form of state or local conditional 25 release; or (ii) if there be no chief law enforcement officer in such 26 village, town or city, the chief law enforcement officer of the county 27 in which the dealer expects to reside; or (iii) if there be no chief 28 enforcement officer in such village, town, city or county, the division 29 of state police and (b) in the case of a drug dealer who is or expects 30 to be employed by, enrolled in, attending or employed, whether for 31 compensation or not, at an institution of higher education, (i) the 32 chief law enforcement officer in the village, town or city in which such 33 institution is located; or (ii) if there be no chief law enforcement 34 officer in such village, town or city, the chief law enforcement officer 35 of the county in which such institution is located; or (iii) if there be 36 no chief law enforcement officer in such village, town, city or county, 37 the division of state police; and (iv) if such institution operates or 38 employs a campus law enforcement or security agency, the chief of such 39 agency and (c) in the case of a drug dealer who expects to reside within 40 a state park or on other land under the jurisdiction of the office of 41 parks, recreation and historic preservation, the state regional park 42 police. 43 4. "Division" means the division of criminal justice services as 44 defined by section eight hundred thirty-seven of the executive law. 45 5. "Board" means the "board of examiners of drug dealers" established 46 pursuant to section one hundred sixty-nine-l of this article. 47 6. "Probation" means a sentence of probation imposed pursuant to arti- 48 cle sixty-five of the penal law and shall include a sentence of impri- 49 sonment imposed in conjunction with a sentence of probation. 50 § 169-b. Duties of the division; registration information. 1. The 51 division shall establish and maintain a file of individuals required to 52 register pursuant to the provisions of this article which shall include 53 the following information of each registrant: 54 (a) The drug dealer's name, all aliases used, date of birth, sex, 55 race, height, weight, eye color, driver's license number, home address 56 and/or expected place of domicile.A. 5738 3 1 (b) A photograph and set of fingerprints. For a drug dealer given a 2 level three designation, the division shall, during the period of regis- 3 tration, update such photograph once each year. For a drug dealer given 4 a level one or level two designation, the division shall, during the 5 period of registration, update such photograph once every three years. 6 The division shall notify the drug dealer by mail of the duty to appear 7 and be photographed at the specified law enforcement agency having 8 jurisdiction. Such notification shall be mailed at least thirty days and 9 not more than sixty days before the photograph is required to be taken 10 pursuant to subdivision two of section one hundred sixty-nine-f of this 11 article. 12 (c) A description of the offense for which the drug dealer was 13 convicted, the date of conviction and the sentence imposed including the 14 type of assigned supervision and the length of time of such supervision. 15 (d) The name and address of any institution of higher education at 16 which the drug dealer is or expects to be enrolled, attending or 17 employed, whether for compensation or not, and whether such dealer 18 resides in or will reside in a facility owned or operated by such insti- 19 tution. 20 (e) Any other information deemed pertinent by the division. 21 2. (a) The division is authorized to make the registry available to 22 any regional or national registry of drug dealers for the purpose of 23 sharing information. The division shall accept files from any regional 24 or national registry of drug dealers and shall make such files available 25 when requested pursuant to the provisions of this article. 26 (b) The division shall also make registry information available to: 27 (i) the department of health, to enable such department to identify 28 persons ineligible to receive reimbursement or coverage for drugs, 29 procedures or supplies pursuant to subdivision seven of section twenty- 30 five hundred ten of the public health law, paragraph (e) of subdivision 31 four of section three hundred sixty-five-a of the social services law, 32 and subdivision one of section two hundred forty-one of the elder law; 33 (ii) the department of financial services to enable such department to 34 identify persons ineligible to receive reimbursement or coverage for 35 drugs, procedures or supplies pursuant to subsection (b-1) of section 36 four thousand three hundred twenty-two and subsection (d-1) of section 37 four thousand three hundred twenty-six of the insurance law; and (iii) a 38 court, to enable the court to promptly comply with the provisions of 39 paragraph (a-1) of subdivision one of section two hundred forty of the 40 domestic relations law, subdivision (e) of section six hundred fifty-one 41 of the family court act, and subdivision (g) of section 81.19 of the 42 mental hygiene law. 43 (c) No official, agency, authorized person or entity, whether public 44 or private, shall be subject to any civil or criminal liability for 45 damages for any decision or action made in the ordinary course of busi- 46 ness of that official, agency, authorized person or entity pursuant to 47 paragraph (b) of this subdivision, provided that such official, agency, 48 authorized person or entity acted reasonably and in good faith with 49 respect to such registry information. 50 (d) The division shall require that no information included in the 51 registry shall be made available except in the furtherance of the 52 provisions of this article. 53 3. The division shall develop a standardized registration form to be 54 made available to the appropriate authorities and promulgate rules and 55 regulations to implement the provisions of this section. Such form shallA. 5738 4 1 be written in clear and concise language and shall advise the drug deal- 2 er of their duties and obligations under this article. 3 4. The division shall mail a nonforwardable verification form to the 4 last reported address of the person for annual verification require- 5 ments. 6 5. The division shall also establish and operate a telephone number as 7 provided for in section one hundred sixty-nine-p of this article. 8 6. The division shall also establish a subdirectory pursuant to 9 section one hundred sixty-nine-q of this article. 10 7. The division shall also establish a public awareness campaign to 11 advise the public of the provisions of this article. 12 8. The division shall charge a fee of ten dollars each time a drug 13 dealer registers any change of address or any change of status of 14 enrollment, attendance, employment or residence at any institution of 15 higher education as required by subdivision four of section one hundred 16 sixty-nine-f of this article. The fee shall be paid to the division by 17 the drug dealer. The state comptroller is hereby authorized to deposit 18 such fees into the general fund. 19 9. The division shall, upon the request of any children's camp opera- 20 tor, release to such person any information in the registry relating to 21 a prospective employee of any such person or entity in accordance with 22 the provisions of this article. The division shall promulgate rules and 23 regulations relating to procedures for the release of information in the 24 registry to such persons. 25 10. The division shall make registry information available to munici- 26 pal housing authorities to enable such authorities to identify persons 27 ineligible to reside in public housing. The division shall, at least 28 monthly, release to each municipal housing authority information about 29 drug dealers with a home address and/or expected place of domicile with- 30 in the corresponding municipality. The division may promulgate rules and 31 regulations relating to procedures for the release of information in the 32 registry to such authorities. 33 § 169-c. Drug dealer; relocation; notification. 1. In the case of any 34 drug dealer, it shall be the duty of the department, hospital or local 35 correctional facility at least ten calendar days prior to the release or 36 discharge of any drug dealer from a correctional facility, hospital or 37 local correctional facility to notify the division of the contemplated 38 release or discharge of such drug dealer, informing the division in 39 writing on a form provided by the division indicating the address at 40 which such drug dealer proposes to reside and the name and address of 41 any institution of higher education at which they expect to be enrolled, 42 attending or employed, whether for compensation or not, and whether such 43 drug dealer resides in or will reside in a facility owned or operated by 44 such institution. If such drug dealer changes the place of residence 45 while on parole, such notification of the change of residence shall be 46 sent by the drug dealer's parole officer within forty-eight hours to the 47 division on a form provided by the division. If such drug dealer changes 48 the status of enrollment, attendance, employment or residence at any 49 institution of higher education while on parole, such notification of 50 the change of status shall be sent by the drug dealer's parole officer 51 within forty-eight hours to the division on a form provided by the divi- 52 sion. 53 2. In the case of any drug dealer on probation, it shall be the duty 54 of the drug dealer's probation officer to notify the division within 55 forty-eight hours of the new place of residence on a form provided by 56 the division. If such drug dealer changes the status of enrollment,A. 5738 5 1 attendance, employment or residence at any institution of higher educa- 2 tion while on probation, such notification of the change of status shall 3 be sent by the drug dealer's probation officer within forty-eight hours 4 to the division on a form provided by the division. 5 3. In the case in which any drug dealer escapes from a state or local 6 correctional facility or hospital, the designated official of the facil- 7 ity or hospital where the person was confined shall notify within twen- 8 ty-four hours the law enforcement agency having had jurisdiction at the 9 time of conviction, informing such law enforcement agency of the name 10 and aliases of the person, and the address at which they resided at the 11 time of conviction, the amount of time remaining to be served, if any, 12 on the full term for which they were sentenced, and the nature of the 13 crime for which they were sentenced, transmitting at the same time a 14 copy of such drug dealer's fingerprints and photograph and a summary of 15 their criminal record. 16 4. The division shall provide general information, in registration 17 materials and annual correspondence, to registrants concerning notifica- 18 tion and registration procedures that may apply if the registrant is 19 authorized to relocate and relocates to another state or United States 20 possession, or commences employment or attendance at an education insti- 21 tution in another state or United States possession. Such information 22 shall include addresses and telephone numbers for relevant agencies from 23 which additional information may be obtained. 24 § 169-d. Duties of the court. 1. Upon conviction of any of the 25 offenses set forth in subdivision two of section one hundred 26 sixty-nine-a of this article the court shall certify that the person is 27 a drug dealer and shall include the certification in the order of 28 commitment, if any, and judgment of conviction. The court shall also 29 advise the drug dealer of their duties under this article. Failure to 30 include the certification in the order of commitment or the judgment of 31 conviction shall not relieve a drug dealer of the obligations imposed by 32 this article. 33 2. Any drug dealer, who is released on probation or discharged upon 34 payment of a fine, conditional discharge or unconditional discharge 35 shall, prior to such release or discharge, be informed of the duty to 36 register under this article by the court in which they were convicted. 37 At the time sentence is imposed, such drug dealer shall register with 38 the division on a form prepared by the division. The court shall require 39 the drug dealer to read and sign such form and to complete the registra- 40 tion portion of such form. The court shall on such form obtain the 41 address where the drug dealer expects to reside upon release, and the 42 name and address of any institution of higher education such drug dealer 43 expects to be employed by, enrolled in, attending or employed. The court 44 shall give one copy of the form to the drug dealer and shall send two 45 copies to the division which shall forward the information to the law 46 enforcement agencies having jurisdiction. The court shall also notify 47 the district attorney and the drug dealer of the date of the determi- 48 nation proceeding to be held pursuant to subdivision three of this 49 section, which shall be held at least forty-five days after such notice 50 is given. This notice shall include the following statement or a 51 substantially similar statement: "This proceeding is being held to 52 determine whether you will be classified as a level 3 dealer (risk of 53 repeat offense is high), a level 2 dealer (risk of repeat offense is 54 moderate), or a level 1 dealer (risk of repeat offense is low), which 55 will determine how long you must register as a drug dealer and how much 56 information can be provided to the public concerning your registration.A. 5738 6 1 If you fail to appear at this proceeding, without sufficient excuse, it 2 shall be held in your absence. Failure to appear may result in a longer 3 period of registration or a higher level of community notification 4 because you are not present to offer evidence or contest evidence 5 offered by the district attorney." The court shall also advise the drug 6 dealer of a right to a hearing prior to the court's determination, that 7 such drug dealer has the right to be represented by counsel at the hear- 8 ing and that counsel will be appointed if they are financially unable to 9 retain counsel. If the drug dealer applies for assignment of counsel to 10 represent them at the hearing and counsel was not previously assigned to 11 represent the drug dealer in the underlying criminal action, the court 12 shall determine whether the dealer is financially unable to retain coun- 13 sel. If such a finding is made, the court shall assign counsel to 14 represent the drug dealer pursuant to article eighteen-B of the county 15 law. Where the court orders a drug dealer released on probation, such 16 order must include a provision requiring that such drug dealer comply 17 with the requirements of this article. Where such drug dealer violates 18 such provision, probation may be immediately revoked in the manner 19 provided by article four hundred ten of the criminal procedure law. 20 3. For drug dealers released on probation or discharged upon payment 21 of a fine, conditional discharge or unconditional discharge, it shall be 22 the duty of the court applying the guidelines established in subdivision 23 five of section one hundred sixty-nine-l of this article to determine 24 the level of notification pursuant to subdivision six of section one 25 hundred sixty-nine-l of this article. At least fifteen days prior to 26 the determination proceeding, the district attorney shall provide to the 27 court and the drug dealer a written statement setting forth the determi- 28 nations sought by the district attorney together with the reasons for 29 seeking such determinations. The court shall allow the drug dealer to 30 appear and be heard. The state shall appear by the district attorney, or 31 such district attorney's designee, who shall bear the burden of proving 32 the facts supporting the determinations sought by clear and convincing 33 evidence. Where there is a dispute between the parties concerning the 34 determinations, the court shall adjourn the hearing as necessary to 35 permit the drug dealer or the district attorney to obtain materials 36 relevant to the determinations from any state or local facility, hospi- 37 tal, institution, office, agency, department or division. Such materials 38 may be obtained by subpoena if not voluntarily provided to the request- 39 ing party. In making the determinations, the court shall review any 40 victim's statement and any relevant materials and evidence submitted by 41 the drug dealer and the district attorney and the court may consider 42 reliable hearsay evidence submitted by either party provided that it is 43 relevant to the determinations. Facts previously proven at trial or 44 elicited at the time of entry of a plea of guilty shall be deemed estab- 45 lished by clear and convincing evidence and shall not be re-litigated. 46 The court shall render an order setting forth its determinations and the 47 findings of fact and conclusions of law on which the determinations are 48 based. A copy of the order shall be submitted by the court to the divi- 49 sion. Upon application of either party, the court shall seal any portion 50 of the court file or record which contains material that is confidential 51 under any state or federal statute. Either party may appeal as of right 52 from the order pursuant to the provisions of articles fifty-five, 53 fifty-six and fifty-seven of the civil practice law and rules. Where 54 counsel has been assigned to represent the drug dealer upon the ground 55 that the drug dealer is financially unable to retain counsel, that 56 assignment shall be continued throughout the pendency of the appeal, andA. 5738 7 1 the person may appeal as a poor person pursuant to article eighteen-B of 2 the county law. 3 4. If a drug dealer, having been given notice, including the time and 4 place of the determination proceeding in accordance with this section, 5 fails to appear at this proceeding, without sufficient excuse, the court 6 shall conduct the hearing and make the determinations in the manner set 7 forth in subdivision three of this section. 8 § 169-e. Discharge of drug dealer from correctional facility; duties 9 of official in charge. 1. Any drug dealer, to be discharged, paroled, 10 released to post-release supervision or released from any state or local 11 correctional facility, hospital or institution where they were confined 12 or committed, shall at least fifteen calendar days prior to discharge, 13 parole or release, be informed of the duty to register under this arti- 14 cle, by the facility in which they were confined or committed. The 15 facility shall require the drug dealer to read and sign such form as may 16 be required by the division stating the duty to register and the proce- 17 dure for registration has been explained to them and to complete the 18 registration portion of such form. The facility shall obtain on such 19 form the address where the drug dealer expects to reside upon discharge, 20 parole or release and the name and address of any institution of higher 21 education such drug dealer expects to be employed by, enrolled in, 22 attending or employed, whether for compensation or not. The facility 23 shall give one copy of the form to the drug dealer, retain one copy and 24 shall send one copy to the division which shall provide the information 25 to the law enforcement agencies having jurisdiction. The facility shall 26 give the drug dealer a form prepared by the division, to register with 27 the division at least fifteen calendar days prior to release and such 28 form shall be completed, signed by the drug dealer and sent to the divi- 29 sion by the facility at least ten days prior to the drug dealer's 30 release or discharge. 31 2. The division shall also immediately transmit the conviction data 32 and fingerprints to the Federal Bureau of Investigation if not already 33 obtained. 34 § 169-f. Duty to register and to verify. 1. Any drug dealer shall, (a) 35 at least ten calendar days prior to discharge, parole, release to post- 36 release supervision or release from any state or local correctional 37 facility, hospital or institution where they were confined or committed, 38 or, (b) at the time sentence is imposed for any drug dealer released on 39 probation or discharged upon payment of a fine, conditional discharge or 40 unconditional discharge, register with the division on a form prepared 41 by the division. 42 2. For a drug dealer required to register under this article on each 43 anniversary of the drug dealer's initial registration date during the 44 period in which they are required to register under this section the 45 following applies: 46 (a) The drug dealer shall mail the verification form to the division 47 within ten calendar days after receipt of the form. 48 (b) The verification form shall be signed by the drug dealer, and 49 state that they still reside at the address last reported to the divi- 50 sion. 51 (c) If the drug dealer has been given a level two or three desig- 52 nation, such dealer shall sign the verification form, and state that 53 they still are employed at the address last reported to the division. 54 (d) If the drug dealer has been given a level three designation, they 55 shall personally appear at the law enforcement agency having jurisdic- 56 tion within twenty days of the first anniversary of the drug dealer'sA. 5738 8 1 initial registration and every year thereafter during the period of 2 registration for the purpose of providing a current photograph of such 3 dealer. The law enforcement agency having jurisdiction shall photograph 4 the drug dealer and shall promptly forward a copy of such photograph to 5 the division. For purposes of this paragraph, if such drug dealer is 6 confined in a state or local correctional facility, the local law 7 enforcement agency having jurisdiction shall be the warden, superinten- 8 dent, sheriff or other person in charge of the state or local correc- 9 tional facility. 10 (e) If the drug dealer has been given a level one or level two desig- 11 nation, they shall personally appear at the law enforcement agency 12 having jurisdiction within twenty days of the third anniversary of the 13 drug dealer's initial registration and every three years thereafter 14 during the period of registration for the purpose of providing a current 15 photograph of such dealer. The law enforcement agency having jurisdic- 16 tion shall photograph the drug dealer and shall promptly forward a copy 17 of such photograph to the division. For purposes of this paragraph, if 18 such drug dealer is confined in a state or local correctional facility, 19 the local law enforcement agency having jurisdiction shall be the ward- 20 en, superintendent, sheriff or other person in charge of the state or 21 local correctional facility. 22 (f) If the drug dealer fails to mail the signed verification form to 23 the division within ten calendar days after receipt of the form, they 24 shall be in violation of this section unless they prove that they have 25 not changed their residence address. 26 (g) If the drug dealer, to whom a notice has been mailed at the last 27 reported address pursuant to paragraph (b) of subdivision one of section 28 one hundred sixty-nine-b of this article, fails to personally appear at 29 the law enforcement agency having jurisdiction, as provided in paragraph 30 (d) or (e) of this subdivision, within twenty days of the anniversary of 31 the drug dealer's initial registration, or an alternate later date sche- 32 duled by the law enforcement agency having jurisdiction, they shall be 33 in violation of this section. The duty to personally appear for such 34 updated photograph shall be temporarily suspended during any period in 35 which the drug dealer is confined in any hospital or institution, and 36 such drug dealer shall personally appear for such updated photograph no 37 later than ninety days after release from such hospital or institution, 38 or an alternate later date scheduled by the law enforcement agency 39 having jurisdiction. 40 3. The duty to register under the provisions of this article shall not 41 be applicable to any drug dealer whose conviction was reversed upon 42 appeal or who was pardoned by the governor. 43 4. Any drug dealer shall register with the division no later than ten 44 calendar days after any change of address, or any change of their status 45 of enrollment, attendance, employment or residence at any institution of 46 higher education. A fee of ten dollars, as authorized by subdivision 47 eight of section one hundred sixty-nine-b of this article, shall be 48 submitted by the drug dealer each time such dealer registers any change 49 of address or any change of their status of enrollment, attendance, 50 employment or residence at any institution of higher education. Any 51 failure or omission to submit the required fee shall not affect the 52 acceptance by the division of the change of address or change of status. 53 § 169-g. Prior convictions; duty to inform and register. 1. The 54 department or office of probation and correctional alternatives in 55 accordance with risk factors pursuant to section one hundred 56 sixty-nine-l of this article shall determine the duration of registra-A. 5738 9 1 tion and notification for every drug dealer who on the effective date of 2 this article is then on community supervision or probation for an 3 offense provided for in subdivision two of section one hundred sixty- 4 nine-a of this article. 5 2. Every drug dealer who on the effective date of this article is then 6 on community supervision or probation for an offense provided for in 7 subdivision two of section one hundred sixty-nine-a of this article 8 shall within ten calendar days of such determination register with their 9 parole or probation officer. On each anniversary of the drug dealer's 10 initial registration date thereafter, the provisions of section one 11 hundred sixty-nine-f of this article shall apply. Any drug dealer who 12 fails or refuses to so comply shall be subject to the same penalties as 13 otherwise provided for in this article which would be imposed upon a 14 drug dealer who fails or refuses to so comply with the provisions of 15 this article on or after such effective date. 16 3. It shall be the duty of the parole or probation officer to inform 17 and register such drug dealer according to the requirements imposed by 18 this article. A parole or probation officer shall give one copy of the 19 form to the drug dealer and shall, within three calendar days, send two 20 copies electronically or otherwise to the department which shall forward 21 one copy electronically or otherwise to the law enforcement agency 22 having jurisdiction where the drug dealer resides upon their community 23 supervision, probation, or local conditional release. 24 4. A petition for relief from this section is permitted to any drug 25 dealer required to register while released to community supervision or 26 probation pursuant to section one hundred sixty-nine-o of this article. 27 § 169-h. Duration of registration and verification. 1. The duration of 28 registration and verification for a drug dealer shall be annually for a 29 period of twenty years from the initial date of registration. 30 2. Any drug dealer having been designated a level three risk shall 31 also personally verify their address every ninety calendar days with the 32 local law enforcement agency having jurisdiction where the dealer 33 resides. 34 § 169-i. Registration and verification requirements. Registration and 35 verification as required by this article shall consist of a statement in 36 writing signed by the drug dealer giving the information that is 37 required by the division and the division shall enter the information 38 into an appropriate electronic data base or file. 39 § 169-j. Notification of local law enforcement agencies of change of 40 address. 1. Upon receipt of a change of address by a drug dealer 41 required to register under this article, the division shall notify the 42 local law enforcement agency having jurisdiction of the new place of 43 residence and the local law enforcement agency where the drug dealer 44 last resided of the new place of residence. 45 2. Upon receipt of change of address information, the local law 46 enforcement agency having jurisdiction of the new place of residence 47 shall adhere to the notification provisions set forth in subdivision six 48 of section one hundred sixty-nine-l of this article. 49 3. The division shall, if the drug dealer changes residence to another 50 state, notify the appropriate agency within that state of the new place 51 of residence. 52 4. Upon receipt of a change in the status of the enrollment, attend- 53 ance, employment or residence at an institution of higher education by a 54 drug dealer required to register under this article, the division shall 55 notify each law enforcement agency having jurisdiction which is affected 56 by such change.A. 5738 10 1 5. Upon receipt of change in the status of the enrollment, attendance, 2 employment or residence at an institution of higher education by a drug 3 dealer required to register under this article, each law enforcement 4 agency having jurisdiction shall adhere to the notification provisions 5 set forth in subdivision six of section one hundred sixty-nine-l of this 6 article. 7 § 169-k. Registration for change of address from another state. 1. A 8 drug dealer who has been convicted of an offense under subdivision two 9 of section one hundred sixty-nine-a of this article and requires regis- 10 tration shall notify the division of the new address no later than ten 11 calendar days after such drug dealer establishes residence in this 12 state. 13 2. The division shall advise the board that the drug dealer has estab- 14 lished residence in this state. The board shall determine whether the 15 drug dealer is required to register with the division. If it is deter- 16 mined that the drug dealer is required to register, the division shall 17 notify the drug dealer of the duty to register under this article and 18 shall require the drug dealer to sign a form as may be required by the 19 division acknowledging that the duty to register and the procedure for 20 registration has been explained to the drug dealer. The division shall 21 obtain on such form the address where the drug dealer expects to reside 22 within the state and the drug dealer shall retain one copy of the form 23 and send two copies to the division which shall provide the information 24 to the law enforcement agency having jurisdiction where the drug dealer 25 expects to reside within this state. No later than thirty days prior to 26 the board making a recommendation, the drug dealer shall be notified 27 that their case is under review and that they are is permitted to submit 28 to the board any information relevant to the review. After reviewing any 29 information obtained, and applying the guidelines established in subdi- 30 vision five of section one hundred sixty-nine-l of this article, the 31 board shall within sixty calendar days make a recommendation regarding 32 the level of notification pursuant to subdivision six of section one 33 hundred sixty-nine-l of this article. This recommendation shall be 34 confidential and shall not be available for public inspection. It shall 35 be submitted by the board to the county court or supreme court and to 36 the district attorney in the county of residence of the drug dealer and 37 to the drug dealer. It shall be the duty of the county court or supreme 38 court in the county of residence of the drug dealer, applying the guide- 39 lines established in subdivision five of section one hundred 40 sixty-nine-l of this article, to determine the level of notification 41 pursuant to subdivision six of section one hundred sixty-nine-l of this 42 article. At least thirty days prior to the determination proceeding, 43 such court shall notify the district attorney and the drug dealer, in 44 writing, of the date of the determination proceeding and the court shall 45 also provide the district attorney and drug dealer with a copy of the 46 recommendation received from the board and any statement of the reasons 47 for the recommendation received from the board. This notice shall 48 include the following statement or a substantially similar statement: 49 "This proceeding is being held to determine whether you will be classi- 50 fied as a level 3 dealer (risk of repeat offense is high), a level 2 51 dealer (risk of repeat offense is moderate), or a level 1 dealer (risk 52 of repeat offense is low), which will determine how long you must regis- 53 ter as a drug dealer and how much information can be provided to the 54 public concerning your registration. If you fail to appear at this 55 proceeding, without sufficient excuse, it shall be held in your absence. 56 Failure to appear may result in a longer period of registration or aA. 5738 11 1 higher level of community notification because you are not present to 2 offer evidence or contest evidence offered by the district attorney." 3 The court shall also advise the drug dealer that they have a right to a 4 hearing prior to the court's determination, that they have the right to 5 be represented by counsel at the hearing and that counsel will be 6 appointed if financially unable to retain counsel. A returnable form 7 shall be enclosed in the court's notice to the drug dealer on which the 8 drug dealer may apply for assignment of counsel. If the drug dealer 9 applies for assignment of counsel and the court finds that the dealer is 10 financially unable to retain counsel, the court shall assign counsel to 11 represent the drug dealer pursuant to article eighteen-B of the county 12 law. If the district attorney seeks a determination that differs from 13 the recommendation submitted by the board, at least ten days prior to 14 the determination proceeding the district attorney shall provide to the 15 court and the drug dealer a statement setting forth the determinations 16 sought by the district attorney together with the reasons for seeking 17 such determinations. The court shall allow the drug dealer to appear and 18 be heard. The state shall appear by the district attorney, or their 19 designee, who shall bear the burden of proving the facts supporting the 20 determinations sought by clear and convincing evidence. It shall be the 21 duty of the court applying the guidelines established in subdivision 22 five of section one hundred sixty-nine-l of this article to determine 23 the level of notification pursuant to subdivision six of section one 24 hundred sixty-nine-l of this article. Where there is a dispute between 25 the parties concerning the determinations, the court shall adjourn the 26 hearing as necessary to permit the drug dealer or the district attorney 27 to obtain materials relevant to the determinations from the state board 28 of examiners of drug dealers or any state or local facility, hospital, 29 institution, office, agency, department or division. Such materials may 30 be obtained by subpoena if not voluntarily provided to the requesting 31 party. In making the determinations the court shall review any relevant 32 materials and evidence submitted by the drug dealer and the district 33 attorney and the recommendation and any material submitted by the board, 34 and may consider reliable hearsay evidence submitted by either party, 35 provided that it is relevant to the determinations. If available, facts 36 proven at trial or elicited at the time of a plea of guilty shall be 37 deemed established by clear and convincing evidence and shall not be 38 re-litigated. The court shall render an order setting forth its determi- 39 nations and the findings of fact and conclusions of law on which the 40 determinations are based. A copy of the order shall be submitted by the 41 court to the division. Upon application of either party, the court 42 shall seal any portion of the court file or record which contains mate- 43 rial that is confidential under any state or federal statute. Either 44 party may appeal as of right from the order pursuant to the provisions 45 of articles fifty-five, fifty-six and fifty-seven of the civil practice 46 law and rules. Where counsel has been assigned to represent the drug 47 dealer upon the ground that the drug dealer is financially unable to 48 retain counsel, that assignment shall be continued throughout the 49 pendency of the appeal, and the person may appeal as a poor person 50 pursuant to article eighteen-B of the county law. 51 3. The division shall undertake an information campaign designed to 52 provide information to officials and appropriate individuals in other 53 states and United States possessions concerning the notification proce- 54 dures required by this article. Such information campaign shall be ongo- 55 ing, and shall include, but not be limited to, letters, notice forms and 56 similar materials providing relevant information about this article andA. 5738 12 1 the specific procedures required to effect notification. Such materials 2 shall include an address and telephone number which such officials and 3 individuals in other states and United States possessions may use to 4 obtain additional information. 5 4. If a drug dealer, having been given notice, including the time and 6 place of the determination proceeding in accordance with this section, 7 fails to appear at this proceeding, without sufficient excuse, the court 8 shall conduct the hearing and make the determinations in the manner set 9 forth in subdivision two of this section. 10 § 169-l. Board of examiners of drug dealers. 1. There shall be a board 11 of examiners of drug dealers which shall possess the powers and duties 12 hereinafter specified. Such board shall consist of five members 13 appointed by the governor. All members shall be employees of the depart- 14 ment and shall be experts in the field of the behavior and treatment of 15 drug dealers. The term of office of each member of such board shall be 16 for six years; provided, however, that any member chosen to fill a 17 vacancy occurring otherwise than by expiration of term shall be 18 appointed for the remainder of the unexpired term of the member whom 19 they are to succeed. In the event of the inability to act of any member, 20 the governor may appoint some competent informed person to act in their 21 stead during the continuance of such disability. 22 2. The governor shall designate one of the members of the board as 23 chair to serve in such capacity at the pleasure of the governor or until 24 the member's term of office expires and a successor is designated in 25 accordance with law, whichever first occurs. 26 3. Any member of the board may be removed by the governor for cause 27 after an opportunity to be heard. 28 4. Except as otherwise provided by law, a majority of the board shall 29 constitute a quorum for the transaction of all business of the board. 30 5. The board shall develop guidelines and procedures to assess the 31 risk of a repeat offense by such drug dealer and the threat posed to the 32 public safety. Such guidelines shall be based upon, but not limited to, 33 the following: 34 (a) criminal history factors indicative of high risk of repeat 35 offense, including: 36 (i) whether the drug dealer served the maximum term; 37 (ii) whether the drug dealer sold drugs to a minor; 38 (iii) the amount of drugs sold; and 39 (iv) the age of the drug dealer at the time of the commission of the 40 first drug sale; 41 (b) other criminal history factors to be considered in determining 42 risk, including the number, date and nature of prior offenses; 43 (c) conditions of release that minimize risk of re-offense, including 44 but not limited to whether the drug dealer is under supervision or 45 residing in a home situation that provides guidance and supervision; and 46 (d) recent behavior, including behavior while confined. 47 6. The guidelines shall be applied by the board to make a recommenda- 48 tion to the sentencing court which shall be confidential and shall not 49 be available for public inspection, providing for one of the following 50 three levels of notification depending upon the degree of the risk of 51 re-offense by the drug dealer. 52 (a) If the risk of repeat offense is low, a level one designation 53 shall be given to such drug dealer. In such case the law enforcement 54 agency or agencies having jurisdiction and the law enforcement agency or 55 agencies having had jurisdiction at the time of conviction shall be 56 notified and may disseminate relevant information which may include aA. 5738 13 1 photograph and description of the dealer and which may include the name 2 of the drug dealer, approximate address based on the drug dealer's zip 3 code, background information including the dealer's crime of conviction, 4 modus of operation, and the name and address of any institution of high- 5 er education at which the drug dealer is enrolled, attends, is employed 6 or resides. 7 (b) If the risk of repeat offense is moderate, a level two designation 8 shall be given to such drug dealer. In such case the law enforcement 9 agency or agencies having jurisdiction and the law enforcement agency or 10 agencies having had jurisdiction at the time of conviction shall be 11 notified and may disseminate relevant information which shall include a 12 photograph and description of the dealer and which may include the exact 13 name and any aliases used by the drug dealer, exact address, background 14 information including the dealer's crime of conviction, mode of opera- 15 tion, and the name and address of any institution of higher education at 16 which the drug dealer is enrolled, attends, is employed or resides. 17 (c) If the risk of repeat offense is high and there exists a threat to 18 the public safety a level three designation shall be given to such drug 19 dealer. In such case, the law enforcement agency or agencies having 20 jurisdiction and the law enforcement agency or agencies having had 21 jurisdiction at the time of conviction shall be notified and may dissem- 22 inate relevant information which shall include a photograph and 23 description of the dealer and which may include the drug dealer's exact 24 name and any aliases used by the dealer, exact address, address of the 25 dealer's place of employment, background information including the deal- 26 er's crime of conviction, mode of operation, and the name and address of 27 any institution of higher education at which the drug dealer is 28 enrolled, attends, is employed or resides. 29 7. Upon request by the court, pursuant to section one hundred sixty- 30 nine-o of this article, the board shall provide an updated report 31 pertaining to the drug dealer petitioning for relief of the duty to 32 register or for a modification of the level of notification. 33 8. A failure by a state or local agency or the board to act or by a 34 court to render a determination within the time period specified in this 35 article shall not affect the obligation of the drug dealer to register 36 or verify under this article nor shall such failure prevent a court from 37 making a determination regarding the drug dealer's level of notification 38 and whether such dealer is required by law to be registered for a period 39 of twenty years or for life. Where a court is unable to make a determi- 40 nation prior to the date scheduled for a drug dealer's discharge, 41 parole, release to post-release supervision or release, it shall adjourn 42 the hearing until after the dealer is discharged, paroled, released to 43 post-release supervision or released, and shall then expeditiously 44 complete the hearing and issue its determination. 45 § 169-m. Review. Notwithstanding any other provision of law to the 46 contrary, any state or local correctional facility, hospital or institu- 47 tion, district attorney, law enforcement agency, probation department, 48 state board of parole, court or child protective agency shall forward 49 relevant information pertaining to a drug dealer to be discharged, 50 paroled, released to post-release supervision or released to the board 51 for review no later than one hundred twenty days prior to the release or 52 discharge and the board shall make recommendations as provided in subdi- 53 vision six of section one hundred sixty-nine-l of this article within 54 sixty days of receipt of the information. Information may include, but 55 may not be limited to all or a portion of the arrest file, prosecutor's 56 file, probation or parole file, child protective file, court file,A. 5738 14 1 commitment file, medical file and treatment file pertaining to such 2 person. Such person shall be permitted to submit to the board any infor- 3 mation relevant to the review. Upon application of the drug dealer or 4 the district attorney, the court shall seal any portion of the board's 5 file pertaining to the drug dealer that contains material that is confi- 6 dential under any state or federal law; provided, however, that in any 7 subsequent proceedings in which the drug dealer who is the subject of 8 the sealed record is a party and which requires the board to provide a 9 recommendation to the court pursuant to this article, such sealed record 10 shall be available to the drug dealer, the district attorney, the court 11 and the attorney general where the attorney general is a party, or 12 represents a party, in the proceeding. 13 § 169-n. Judicial determination. 1. Applying the guidelines estab- 14 lished in subdivision five of section one hundred sixty-nine-l of this 15 article, the sentencing court shall make a determination with respect to 16 the level of notification, after receiving a recommendation from the 17 board pursuant to section one hundred sixty-nine-l of this article. 18 Both determinations of the sentencing court shall be made thirty calen- 19 dar days prior to discharge, parole or release. 20 2. No later than thirty days prior to the board's recommendation, the 21 drug dealer shall be notified that their case is under review and that 22 they are permitted to submit to the board any information relevant to 23 the review. Upon receipt of the board's recommendation, the sentencing 24 court shall determine whether the drug dealer was previously found to be 25 eligible for assigned counsel in the underlying case. Where such a find- 26 ing was previously made, the court shall assign counsel to represent the 27 dealer, pursuant to article eighteen-B of the county law. At least twen- 28 ty days prior to the determination proceeding, the sentencing court 29 shall notify the district attorney, the drug dealer and the drug deal- 30 er's counsel, in writing, of the date of the determination proceeding 31 and shall also provide the district attorney, the drug dealer and the 32 drug dealer's counsel with a copy of the recommendation received from 33 the board and any statement of the reasons for the recommendation 34 received from the board. This notice shall include the following state- 35 ment or a substantially similar statement: "This proceeding is being 36 held to determine whether you will be classified as a level 3 dealer 37 (risk of repeat offense is high), a level 2 dealer (risk of repeat 38 offense is moderate), or a level 1 dealer (risk of repeat offense is 39 low), which will determine how long you must register as a drug dealer 40 and how much information can be provided to the public concerning your 41 registration. If you fail to appear at this proceeding, without suffi- 42 cient excuse, it shall be held in your absence. Failure to appear may 43 result in a longer period of registration or a higher level of community 44 notification because you are not present to offer evidence or contest 45 evidence offered by the district attorney." The written notice to the 46 drug dealer shall also advise the dealer of a right to a hearing prior 47 to the court's determination, and that they have the right to be repres- 48 ented by counsel at the hearing. If counsel has been assigned to repre- 49 sent the dealer at the determination proceeding, the notice shall also 50 provide the name, address and telephone number of the assigned counsel. 51 Where counsel has not been assigned, the notice shall advise the drug 52 dealer that counsel will be appointed if they are financially unable to 53 retain counsel, and a returnable form shall be enclosed in the court's 54 notice to the drug dealer on which the drug dealer may apply for assign- 55 ment of counsel. If the drug dealer applies for assignment of counsel 56 and the court finds that the dealer is financially unable to retainA. 5738 15 1 counsel, the court shall assign counsel to represent the drug dealer 2 pursuant to article eighteen-B of the county law. If the district attor- 3 ney seeks a determination that differs from the recommendation submitted 4 by the board, at least ten days prior to the determination proceeding 5 the district attorney shall provide to the court and the drug dealer a 6 statement setting forth the determinations sought by the district attor- 7 ney together with the reasons for seeking such determinations. The court 8 shall allow the drug dealer to appear and be heard. The state shall 9 appear by the district attorney, or their designee, who shall bear the 10 burden of proving the facts supporting the determinations sought by 11 clear and convincing evidence. Where there is a dispute between the 12 parties concerning the determinations, the court shall adjourn the hear- 13 ing as necessary to permit the drug dealer or the district attorney to 14 obtain materials relevant to the determinations from the state board of 15 examiners of drug dealers or any state or local facility, hospital, 16 institution, office, agency, department or division. Such materials may 17 be obtained by subpoena if not voluntarily provided to the requesting 18 party. In making the determinations the court shall review any relevant 19 materials and evidence submitted by the drug dealer and the district 20 attorney and the recommendation and any materials submitted by the 21 board, and may consider reliable hearsay evidence submitted by either 22 party, provided that it is relevant to the determinations. Facts previ- 23 ously proven at trial or elicited at the time of entry of a plea of 24 guilty shall be deemed established by clear and convincing evidence and 25 shall not be relitigated. The court shall render an order setting forth 26 its determinations and the findings of fact and conclusions of law on 27 which the determinations are based. A copy of the order shall be submit- 28 ted by the court to the division. Upon application of either party, the 29 court shall seal any portion of the court file or record which contains 30 material that is confidential under any state or federal statute. Either 31 party may appeal as of right from the order pursuant to the provisions 32 of articles fifty-five, fifty-six and fifty-seven of the civil practice 33 law and rules. Where counsel has been assigned to represent the drug 34 dealer upon the ground that the drug dealer is financially unable to 35 retain counsel, that assignment shall be continued throughout the 36 pendency of the appeal, and the person may appeal as a poor person 37 pursuant to article eighteen-B of the county law. 38 3. Upon determination that the risk of repeat offense and threat to 39 public safety is high, the sentencing court shall also notify the divi- 40 sion of such fact for the purposes of section one hundred sixty-nine-q 41 of this article. 42 4. Upon the reversal of a conviction of a drug offense defined in 43 subdivision two of section one hundred sixty-nine-a of this article, the 44 appellate court shall remand the case to the lower court for entry of an 45 order directing the expungement of any records required to be kept here- 46 in. 47 5. If a drug dealer, having been given notice, including the time and 48 place of the determination proceeding in accordance with this section, 49 fails to appear at this proceeding, without sufficient excuse, the court 50 shall conduct the hearing and make the determinations in the manner set 51 forth in subdivision three of this section. 52 § 169-o. Petition for relief or modification. 1. Any drug dealer who 53 is classified as a level two risk, who is required to register or verify 54 pursuant to this article and who has been registered for a minimum peri- 55 od of thirty years may be relieved of any further duty to register upon 56 the granting of a petition for relief by the sentencing court or by theA. 5738 16 1 court which made the determination regarding duration of registration 2 and level of notification. The drug dealer shall bear the burden of 3 proving by clear and convincing evidence that their risk of repeat 4 offense is no longer necessary. Such petition, if granted, shall not 5 relieve the petitioner of the duty to register pursuant to this article 6 upon conviction of any offense requiring registration in the future. 7 Such a petition shall not be considered more than once every two years. 8 In the event that the drug dealer's petition for relief is granted, the 9 district attorney may appeal as of right from the order pursuant to the 10 provisions of articles fifty-five, fifty-six and fifty-seven of the 11 civil practice law and rules. Where counsel has been assigned to repre- 12 sent the drug dealer upon the ground that the drug dealer is financially 13 unable to retain counsel, that assignment shall be continued throughout 14 the pendency of the appeal, and the person may appeal as a poor person 15 pursuant to article eighteen-B of the county law. 16 2. Any drug dealer required to register or verify pursuant to this 17 article may petition the sentencing court or the court which made the 18 determination regarding the level of notification for an order modifying 19 the level of notification. The petition shall set forth the level of 20 notification sought, together with the reasons for seeking such determi- 21 nation. The drug dealer shall bear the burden of proving the facts 22 supporting the requested modification by clear and convincing evidence. 23 Such a petition shall not be considered more than annually. In the 24 event that the drug dealer's petition to modify the level of notifica- 25 tion is granted, the district attorney may appeal as of right from the 26 order pursuant to the provisions of articles fifty-five, fifty-six and 27 fifty-seven of the civil practice law and rules. Where counsel has been 28 assigned to represent the drug dealer upon the ground that the drug 29 dealer is financially unable to retain counsel, that assignment shall be 30 continued throughout the pendency of the appeal, and the person may 31 appeal as a poor person pursuant to article eighteen-B of the county 32 law. 33 3. The district attorney may file a petition to modify the level of 34 notification for a drug dealer with the sentencing court or with the 35 court which made the determination regarding the level of notification, 36 where the drug dealer (a) has been convicted of a new crime, or there 37 has been a determination after a proceeding pursuant to section 410.70 38 of the criminal procedure law or section two hundred fifty-nine-i of the 39 executive law that the drug dealer has violated one or more conditions 40 imposed as part of a sentence of a conditional discharge, probation, 41 parole or post-release supervision for a designated crime, and (b) the 42 conduct underlying the new crime or the violation is of a nature that 43 indicates an increased risk of a repeat drug offense. The petition shall 44 set forth the level of notification sought, together with the reasons 45 for seeking such determination. The district attorney shall bear the 46 burden of proving the facts supporting the requested modification, by 47 clear and convincing evidence. In the event that the district attorney's 48 petition is granted, the drug dealer may appeal as of right from the 49 order, pursuant to the provisions of articles fifty-five, fifty-six and 50 fifty-seven of the civil practice law and rules. Where counsel has been 51 assigned to represent the dealer upon the ground that they are finan- 52 cially unable to retain counsel, that assignment shall be continued 53 throughout the pendency of the appeal, and the person may proceed as a 54 poor person, pursuant to article eighteen-B of the county law. 55 4. Upon receipt of a petition submitted pursuant to subdivision one, 56 two or three of this section, the court shall forward a copy of theA. 5738 17 1 petition to the board and request an updated recommendation pertaining 2 to the drug dealer and shall provide a copy of the petition to the other 3 party. The court shall also advise the drug dealer of the right to be 4 represented by counsel at the hearing and counsel will be appointed if 5 financially unable to retain counsel. A returnable form shall be 6 enclosed in the court's notice to the drug dealer on which the drug 7 dealer may apply for assignment of counsel. If the drug dealer applies 8 for assignment of counsel and the court finds that the dealer is finan- 9 cially unable to retain counsel, the court shall assign counsel to 10 represent the dealer, pursuant to article eighteen-B of the county law. 11 Where the petition was filed by a district attorney, at least thirty 12 days prior to making an updated recommendation the board shall notify 13 the drug dealer and their counsel that the dealer's case is under review 14 and they are permitted to submit to the board any information relevant 15 to the review. The board's updated recommendation on the drug dealer 16 shall be confidential and shall not be available for public inspection. 17 After receiving an updated recommendation from the board concerning a 18 drug dealer, the court shall, at least thirty days prior to ruling upon 19 the petition, provide a copy of the updated recommendation to the drug 20 dealer, the drug dealer's counsel and the district attorney and notify 21 them, in writing, of the date set by the court for a hearing on the 22 petition. After reviewing the recommendation received from the board and 23 any relevant materials and evidence submitted by the drug dealer and the 24 district attorney, the court may grant or deny the petition. The court 25 may also consult with the victim prior to making a determination on the 26 petition. The court shall render an order setting forth its determi- 27 nation, and the findings of fact and conclusions of law on which the 28 determination is based. If the petition is granted, it shall be the 29 obligation of the court to submit a copy of its order to the division. 30 Upon application of either party, the court shall seal any portion of 31 the court file or record which contains material that is confidential 32 under any state or federal statute. 33 § 169-p. Special telephone number. 1. Pursuant to section one hundred 34 sixty-nine-b of this article, the division shall also operate a tele- 35 phone number that members of the public may call free of charge and 36 inquire whether a named individual required to register pursuant to this 37 article is listed. The division shall ascertain whether a named person 38 reasonably appears to be a person so listed and provide the caller with 39 the relevant information according to risk as described in subdivision 40 six of section one hundred sixty-nine-l of this article. The division 41 shall decide whether the named person reasonably appears to be a person 42 listed, based upon information from the caller providing information 43 that shall include (a) an exact street address, including apartment 44 number, driver's license number or birth date, along with additional 45 information that may include social security number, hair color, eye 46 color, height, weight, distinctive markings, ethnicity; or (b) any 47 combination of the above listed characteristics if an exact birth date 48 or address is not available. If three of the characteristics provided 49 include ethnicity, hair color, and eye color, other identifying charac- 50 teristics shall be provided. 51 2. When the telephone number is called, a preamble shall be played 52 which shall provide the following information: 53 (a) notice that the caller's telephone number will be recorded; 54 (b) notice that there is no charge for use of the telephone number;A. 5738 18 1 (c) notice that the caller is required to identify themself to the 2 operator and provide current address and shall be maintained in a writ- 3 ten 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 drug offense are available upon request from 17 the division. Such information package shall include questions and 18 answers regarding the most commonly asked questions about the drug deal- 19 er registration act, and current drug offense prevention material. 20 3. (a) The division shall establish a program allowing non-profit and 21 not-for-profit youth services organizations to pre-register with the 22 division for use of the telephone number. Pre-registration shall 23 include the identification of up to two officials of the organization 24 who may call the telephone number and obtain information on behalf of 25 the organization. A pre-registered certificate issued under this subdi- 26 vision shall be valid for two years, unless earlier revoked by the divi- 27 sion for good cause shown. No fee shall be charged to an applicant for 28 the issuance of a pre-registered certificate pursuant to this subdivi- 29 sion. 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 drug dealer registry. 33 Notwithstanding any per call limitation the division may place on calls 34 by private individuals, the division shall allow such pre-registered 35 organizations to inquire about up to twenty prospective coaches, leaders 36 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: (a) provide 41 children the opportunity to participate in adult-supervised sporting 42 activities; or (b) 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. 5738 19 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 § 169-q. Subdirectory; internet posting. 1. The division shall main- 14 tain a subdirectory of level two and three drug dealers. The subdirecto- 15 ry shall include the exact address, address of the dealer's place of 16 employment and photograph of the drug dealer along with the following 17 information, if available: name, physical description, age and distinc- 18 tive markings. Background information including all of the drug dealer's 19 crimes of conviction that require registration pursuant to this article, 20 the name and address of any institution of higher education at which the 21 drug dealer is enrolled, attends, is employed or resides and a 22 description of special conditions imposed on the drug dealer shall also 23 be included. The subdirectory shall have drug dealer listings categor- 24 ized by county and zip code. Such subdirectory shall be made available 25 at all times on the internet via the division homepage. Any person may 26 apply to the division to receive automated e-mail notifications whenever 27 a new or updated subdirectory registration occurs in a geographic area 28 specified by such person. The division shall furnish such service at no 29 charge to such person, who shall request e-mail notification by county 30 and/or zip code on forms developed and provided by the division. E-mail 31 notification is limited to three geographic areas per e-mail account. 32 2. Any person who uses information disclosed pursuant to this section 33 in violation of the law shall in addition to any other penalty or fine 34 imposed, be subject to a fine of not less than five hundred dollars and 35 not more than one thousand dollars. Unauthorized removal or duplication 36 of the subdirectory from the offices of local, village or city police 37 department shall be punishable by a fine not to exceed one thousand 38 dollars. In addition, the attorney general, any district attorney, or 39 any person aggrieved is authorized to bring a civil action in the appro- 40 priate court requesting preventive relief, including an application for 41 a permanent or temporary injunction, restraining order, or other order 42 against the person or group of persons responsible for such action. The 43 foregoing remedies shall be independent of any other remedies or proce- 44 dures that may be available to an aggrieved party under other provisions 45 of law. 46 § 169-r. Immunity from liability. 1. No official, employee or agency, 47 whether public or private, shall be subject to any civil or criminal 48 liability for damages for any discretionary decision to release relevant 49 and necessary information pursuant to this section, unless it is shown 50 that such official, employee or agency acted with gross negligence or in 51 bad faith. The immunity provided under this section applies to the 52 release of relevant information to other employees or officials or to 53 the general public. 54 2. Nothing in this section shall be deemed to impose any civil or 55 criminal liability upon or to give rise to a cause of action against any 56 official, employee or agency, whether public or private, for failing toA. 5738 20 1 release information as authorized in this section unless it is shown 2 that such official, employee or agency acted with gross negligence or in 3 bad faith. 4 § 169-s. Annual report. The division shall on or before February first 5 in each year file a report with the governor and the legislature detail- 6 ing the program, compliance with provisions of this article and effec- 7 tiveness of the provisions of this article, together with any recommen- 8 dations to further enhance the intent of this article. 9 § 169-t. Penalty. Any drug dealer required to register or to verify 10 pursuant to the provisions of this article who fails to register or 11 verify in the manner and within the time periods provided for in this 12 article shall be guilty of a class E felony upon conviction for the 13 first offense, and upon conviction for a second or subsequent offense 14 shall be guilty of a class D felony. Any drug dealer who violates the 15 provisions of section one hundred sixty-nine-v of this article shall be 16 guilty of a class A misdemeanor upon conviction for the first offense, 17 and upon conviction for a second or subsequent offense shall be guilty 18 of a class D felony. Any such failure to register or verify may also be 19 the basis for revocation of parole pursuant to section two hundred 20 fifty-nine-i of the executive law or the basis for revocation of 21 probation pursuant to article four hundred ten of the criminal procedure 22 law. 23 § 169-u. Unauthorized release of information. The unauthorized release 24 of any information required by this article shall be a class B misdemea- 25 nor. 26 § 169-v. Prohibition of employment on motor vehicles engaged in retail 27 sales of frozen desserts. No person required to maintain registration 28 under this article (drug dealer registration act) shall operate, be 29 employed on or dispense goods for sale at retail on a motor vehicle 30 engaged in retail sales of frozen desserts as defined in subdivision 31 thirty-seven of section three hundred seventy-five of the vehicle and 32 traffic law. 33 § 169-w. Separability. If any section of this article, or part thereof 34 shall be adjudged by a court of competent jurisdiction to be invalid, 35 such judgment shall not affect, impair or invalidate the remainder or 36 any other section or part thereof. 37 § 2. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law.
