Bill Text: NY S01463 | 2013-2014 | General Assembly | Amended
Bill Title: Creates a felony possession of a firearm registration act; provides that persons who are convicted of sections 265.02, 265.03 or 265.04 of the penal law have a duty to register with the division of corrections certain information such as the offender's name, date of birth, sex, race, height, weight, eye color, driver's license number, home address and/or expected place of domicile; provides that this duty to register terminates when such offenders are discharged from probation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-10 - PRINT NUMBER 1463A [S01463 Detail]
Download: New_York-2013-S01463-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1463--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- recommitted to the Committee on Crime Victims, Crime and
Correction in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the correction law, in relation to creating a felony
possession of a firearm registration act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The correction law is amended by adding a new article 6-D
2 to read as follows:
3 ARTICLE 6-D
4 FELONY POSSESSION OF A FIREARM REGISTRATION ACT
5 SECTION 168-AA. SHORT TITLE.
6 168-BB. DEFINITIONS.
7 168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
8 168-DD. OFFENDER; RELOCATION; NOTIFICATION.
9 168-EE. DUTIES OF THE COURT.
10 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES
11 OF OFFICIAL IN CHARGE.
12 168-GG. DUTY TO REGISTER AND TO VERIFY.
13 168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.
14 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS.
15 168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
16 OF ADDRESS.
17 168-KK. SPECIAL TELEPHONE NUMBER.
18 168-LL. IMMUNITY FROM LIABILITY.
19 168-MM. PENALTY.
20 168-NN. UNAUTHORIZED RELEASE OF INFORMATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04300-06-4
S. 1463--A 2
1 168-OO. SEPARABILITY.
2 S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
3 THE "FELONY POSSESSION OF A FIREARM REGISTRATION ACT".
4 S 168-BB. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
5 NITIONS APPLY:
6 1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING PISTOL OR
7 REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP, OR SIMILAR TYPE OF
8 IGNITION SYSTEM, OR A PISTOL OR REVOLVER WHICH USES FIXED CARTRIDGES
9 WHICH ARE NO LONGER AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL
10 TRADE.
11 2. "ASSAULT WEAPON" MEANS:
12 A. A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
13 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
14 (I) A FOLDING OR TELESCOPING STOCK;
15 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
16 THE WEAPON;
17 (III) A BAYONET MOUNT;
18 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
19 FLASH SUPPRESSOR;
20 (V) A GRENADE LAUNCHER; OR
21 B. A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
22 CHARACTERISTICS:
23 (I) A FOLDING OR TELESCOPING STOCK;
24 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
25 THE WEAPON;
26 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
27 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
28 C. A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
29 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
30 (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
31 PISTOL GRIP;
32 (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
33 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
34 (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
35 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
36 THE NONTRIGGER HAND WITHOUT BEING BURNED;
37 (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
38 UNLOADED;
39 (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
40 OR
41 D. ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
42 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
43 AS:
44 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
45 MODELS);
46 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
47 (III) BERETTA AR70 (SC-70);
48 (IV) COLT AR-15;
49 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
50 (VI) SWD M-10, M-11, M-11/9, AND M-12;
51 (VII) STEYR AUG;
52 (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
53 (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
54 SWEEPER AND STRIKER 12;
55 E. PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
S. 1463--A 3
1 (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
2 BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
3 INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921
4 (A)(16);
5 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
6 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
7 (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
8 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
9 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR DUPLICATE THEREOF,
10 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
11 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
12 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
13 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
14 (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
15 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
16 LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINE-
17 TY-FOUR.
18 3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR A VERDICT
19 OF GUILTY UPON, AN ACCUSATORY INSTRUMENT OTHER THAN A FELONY COMPLAINT,
20 OR TO ONE OR MORE COUNTS OF SUCH INSTRUMENT.
21 4. "DISGUISED GUN" MEANS ANY WEAPON OR DEVICE CAPABLE OF BEING
22 CONCEALED ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH THE
23 ENERGY OF AN EXPLOSIVE AND IS DESIGNED AND INTENDED TO APPEAR TO BE
24 SOMETHING OTHER THAN A GUN.
25 5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
26 ONE OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A RIFLE
27 HAVING ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH; OR (D)
28 ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
29 TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
30 AN OVERALL LENGTH OF LESS THAN TWENTY-SIX INCHES; OR (E) AN ASSAULT
31 WEAPON. FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL ON
32 A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
33 THE MUZZLE AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK WHEN CLOSED
34 AND WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A WEAPON
35 MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
36 THE WEAPON MEASURED ALONG A LINE PARALLEL TO THE CENTER LINE OF THE
37 BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
38 6. "FIREARM SILENCER" MEANS ANY INSTRUMENT, ATTACHMENT, WEAPON OR
39 APPLIANCE FOR CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER
40 FIREARMS TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF THE
41 FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
42 7. "GUN POSSESSION OFFENDER OR OFFENDER" MEANS ANY PERSON WHO IS
43 CONVICTED OF OR HAS A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE
44 PROVISIONS OF SECTION 265.02, 265.03 OR 265.04 OF THE PENAL LAW. ANY
45 CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR THE
46 PURPOSES OF THIS ARTICLE.
47 8. "LOADED FIREARM" MEANS ANY FIREARM LOADED WITH AMMUNITION OR ANY
48 FIREARM WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A
49 QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
50 9. "MACHINE-GUN" MEANS A WEAPON OF ANY DESCRIPTION, IRRESPECTIVE OF
51 SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
52 SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
53 ZINE WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A SUB-MACHINE
54 GUN.
55 10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
56 INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED AND
S. 1463--A 4
1 MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED METALLIC
2 CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR
3 EACH SINGLE PULL OF THE TRIGGER.
4 11. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL,
5 REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
6 ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
7 CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
8 SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
9 12. "SHOTGUN" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
10 AND INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED
11 AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
12 SHELL TO FIRE THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
13 SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
14 13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
15 S 168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE
16 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
17 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
18 THE FOLLOWING INFORMATION OF EACH REGISTRANT:
19 A. THE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
20 HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR
21 EXPECTED PLACE OF DOMICILE.
22 B. A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
23 THE PERIOD OF REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE
24 YEARS. THE DIVISION SHALL NOTIFY THE OFFENDER BY MAIL OF THE DUTY TO
25 APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCEMENT AGENCY
26 HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY
27 DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO
28 BE TAKEN.
29 C. A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
30 THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
31 D. THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
32 WHICH THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
33 WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
34 WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
35 E. ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
36 2. A. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
37 REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE PURPOSE OF SHARING
38 INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR
39 NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN
40 REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
41 B. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
42 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE
43 PROVISIONS OF THIS ARTICLE.
44 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
45 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
46 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
47 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
48 OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
49 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
50 LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
51 MENTS.
52 5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
53 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
54 6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
55 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
S. 1463--A 5
1 7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN OFFEN-
2 DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS
3 OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
4 HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
5 SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
6 THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
7 FEES INTO THE GENERAL FUND.
8 S 168-DD. OFFENDER; RELOCATION; NOTIFICATION. IN THE CASE OF ANY
9 OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S PROBATION
10 OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
11 OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH OFFENDER
12 CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
13 RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION,
14 SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE
15 OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
16 A FORM PROVIDED BY THE DIVISION.
17 S 168-EE. DUTIES OF THE COURT. UPON CONVICTION OF ANY OF THE OFFENSES
18 SET FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
19 THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER AND
20 SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
21 JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
22 OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION
23 IN THE ORDER OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT
24 RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
25 S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF
26 OFFICIAL IN CHARGE. ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED
27 TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORREC-
28 TIONAL FACILITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMIT-
29 TED, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR
30 RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE,
31 BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED. THE
32 FACILITY SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE
33 REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
34 FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE
35 REGISTRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH
36 FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
37 DISCHARGE OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
38 ER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING
39 OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE
40 EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITU-
41 TION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY
42 SHALL GIVE ONE COPY OF THE FORM TO THE OFFENDER, RETAIN ONE COPY AND
43 SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
44 TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
45 GIVE THE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH THE
46 DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM
47 SHALL BE COMPLETED, SIGNED BY THE OFFENDER AND SENT TO THE DIVISION BY
48 THE FACILITY AT LEAST TEN DAYS PRIOR TO THE OFFENDER'S RELEASE OR
49 DISCHARGE.
50 S 168-GG. DUTY TO REGISTER AND TO VERIFY. 1. ANY OFFENDER SHALL, AT
51 LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RE-
52 LEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACIL-
53 ITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, REGISTER
54 WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
55 2. FOR AN OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
56 ANNIVERSARY OF THE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERI-
S. 1463--A 6
1 OD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE
2 FOLLOWING APPLIES:
3 A. THE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITH-
4 IN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
5 B. THE VERIFICATION FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
6 THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVI-
7 SION.
8 C. IF THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
9 DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE OR SHE
10 SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
11 SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
12 3. ANY OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN
13 CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER
14 STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
15 TUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY
16 SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
17 SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
18 CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
19 ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCA-
20 TION. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT
21 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
22 OF STATUS.
23 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
24 BE APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL
25 OR WHO WAS PARDONED BY THE GOVERNOR.
26 S 168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS. AN
27 OFFENDER'S DUTY TO REGISTER AND VERIFY TERMINATES WHEN SUCH OFFENDER IS
28 DISCHARGED FROM PROBATION.
29 S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
30 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
31 WRITING SIGNED BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
32 BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN
33 APPROPRIATE ELECTRONIC DATA BASE OR FILE.
34 S 168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
35 ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED TO
36 REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY THE LOCAL LAW
37 ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
38 THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF THE
39 NEW PLACE OF RESIDENCE.
40 S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
41 SIXTY-EIGHT-CC OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
42 PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND
43 INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
44 ARTICLE IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
45 REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH
46 THE RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED
47 PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFORMATION
48 FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
49 STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE NUMBER OR
50 BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
51 SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE
52 MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
53 TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE
54 OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
55 COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
S. 1463--A 7
1 TION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO
2 THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
3 2. WHEN THE TELEPHONE NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
4 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
5 A. NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
6 B. THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
7 C. NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
8 TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
9 WRITTEN RECORD;
10 D. NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
11 OLDER;
12 E. A WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
13 THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
14 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
15 F. NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
16 ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
17 INFORMATION REGARDING THE PERSON ABOUT WHOM INFORMATION IS SOUGHT IN
18 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
19 G. A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
20 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
21 S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
22 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
23 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
24 AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
25 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
26 BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE
27 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
28 THE GENERAL PUBLIC.
29 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
30 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
31 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
32 RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE UNLESS IT IS SHOWN
33 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
34 BAD FAITH.
35 S 168-MM. PENALTY. ANY OFFENDER REQUIRED TO REGISTER OR TO VERIFY
36 PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER OR
37 VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR HEREIN
38 SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE FIRST
39 OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
40 GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGISTER OR VERIFY MAY
41 ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO
42 HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF
43 PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
44 LAW.
45 S 168-NN. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED
46 RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B
47 MISDEMEANOR.
48 S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
49 OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
50 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
51 ANY OTHER SECTION OR PART THEREOF.
52 S 2. This act shall take effect on the first of November next succeed-
53 ing the date on which it shall have become a law.
