S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6660

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  failure to register or verify as a  domestic  abuse  offender  in  the
  first  and second degrees; to amend the correction law, in relation to
  enacting "Danielle DiMedici, Jessica Tush and  Brittany  Passalacqua's
  Law"; and to amend the criminal procedure law, in relation to domestic
  abuse offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  195.03
and 195.04 to read as follows:
S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN
           THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
ABUSE  OFFENDER IN THE SECOND DEGREE WHEN, BEING A DOMESTIC ABUSE OFFEN-
DER REQUIRED TO REGISTER OR VERIFY PURSUANT  TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A  DOMESTIC  ABUSE  OFFENDER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN
           THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
ABUSE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND
DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
FY AS A DOMESTIC ABUSE OFFENDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 195.03 OF THIS ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A DOMESTIC ABUSE OFFENDER IN THE
FIRST DEGREE IS A CLASS D FELONY.
  S 2. The correction law is amended by adding a new article 6-D to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13913-02-6
              

S. 6660                             2

                               ARTICLE 6-D
     DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW
SECTION 169. SHORT TITLE.
        169-A. DEFINITIONS.
        169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION.
        169-D. DUTIES OF THE COURT.
        169-E. DISCHARGE  OF  DOMESTIC  ABUSE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        169-F. DUTY TO REGISTER AND TO VERIFY.
        169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        169-H. DURATION OF REGISTRATION AND VERIFICATION.
        169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
        169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        169-L. PETITION FOR RELIEF OR MODIFICATION.
        169-M. SPECIAL TELEPHONE NUMBER.
        169-N. DIRECTORY; INTERNET POSTING.
        169-O. IMMUNITY FROM LIABILITY.
        169-P. ANNUAL REPORT.
        169-Q. FAILURE TO REGISTER; PENALTY.
        169-R. UNAUTHORIZED RELEASE OF INFORMATION.
        169-S. SEPARABILITY.
  S  169.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW".
  S 169-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS APPLY:
  1.  "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED
OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION  TWO  OF  THIS  SECTION.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE  PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B)
HAS BEEN DETERMINED BY THE COURT TO BE A DOMESTIC ABUSE  OFFENDER  BY  A
COURT  PURSUANT TO SECTION 530.15 OR PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW.
  2. "DOMESTIC ABUSE OFFENSE" MEANS:
  (A) DISORDERLY CONDUCT, CRIMINAL OBSTRUCTION  OF  BREATHING  OR  BLOOD
CIRCULATION,  STRANGULATION  IN  THE  FIRST DEGREE, STRANGULATION IN THE
SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE  SECOND
DEGREE,  AGGRAVATED  HARASSMENT  IN  THE  SECOND DEGREE, STALKING IN THE
FIRST DEGREE, STALKING IN THE  SECOND  DEGREE,  STALKING  IN  THE  THIRD
DEGREE,  STALKING  IN  THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN
THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS  ENDANGERMENT,
ASSAULT  IN  THE  SECOND  DEGREE,  ASSAULT  IN  THE  THIRD  DEGREE OR AN
ATTEMPTED ASSAULT BETWEEN SPOUSES OR FORMER SPOUSES, OR  BETWEEN  PARENT
AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT
IF  THE  RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE
PURSUANT TO SECTION 30.00  OF  THE  PENAL  LAW.  FOR  PURPOSES  OF  THIS
SECTION,  "DISORDERLY  CONDUCT"  INCLUDES  DISORDERLY  CONDUCT  NOT IN A
PUBLIC PLACE; OR
  (B) A CONVICTION OF (I) AN OFFENSE IN  ANY  OTHER  JURISDICTION  WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN
PARAGRAPH  (A)  OF THIS SUBDIVISION OR (II) A FELONY IN ANY OTHER JURIS-
DICTION FOR WHICH THE OFFENDER IS REQUIRED TO  REGISTER  AS  A  DOMESTIC

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ABUSE  OFFENDER  IN  THE  JURISDICTION IN WHICH THE CONVICTION OCCURRED,
PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY
THE SAME AS THOSE WHICH ARE A PART OF SUCH OFFENSE AS  OF  THE  DATE  ON
WHICH THIS SECTION TAKES EFFECT.
  3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE
FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY  AND  WHO
ARE  OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY  CONSIDER
IN  DETERMINING  WHETHER  A  RELATIONSHIP  IS AN "INTIMATE RELATIONSHIP"
INCLUDE BUT ARE NOT LIMITED TO: THE  NATURE  OR  TYPE  OF  RELATIONSHIP,
REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
SHIP.  NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN
TWO INDIVIDUALS IN BUSINESS  OR  SOCIAL  CONTEXTS  SHALL  BE  DEEMED  TO
CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND
  (F)  PERSONS  RESIDING  TOGETHER  CONTINUALLY OR AT REGULAR INTERVALS,
CURRENTLY OR IN THE PAST.
  4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN WHICH THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS  OR  HER
DISCHARGE,  PROBATION,  PAROLE,  RELEASE  TO POST-RELEASE SUPERVISION OR
UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE
NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH  VILLAGE,  TOWN  OR  CITY,  THE
CHIEF  LAW  ENFORCEMENT  OFFICER  OF  THE  COUNTY  IN WHICH THE OFFENDER
EXPECTS TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER  IN
SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
  (B)  IN  THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS TO BE
EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER  FOR  COMPEN-
SATION  OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH  INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH  VILLAGE,  TOWN  OR  CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE
COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III)  IF  THERE  BE  NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION  OF  STATE  POLICE;  AND  (IV)  IF SUCH INSTITUTION OPERATES OR
EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF  OF  SUCH
AGENCY.
  5.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
  6. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  7. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE  OF  IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  8.  "NONRESIDENT  WORKER"  MEANS  ANY PERSON REQUIRED TO REGISTER AS A
DOMESTIC ABUSE OFFENDER IN  ANOTHER  JURISDICTION  WHO  IS  EMPLOYED  OR
CARRIES  ON  A  VOCATION  IN  THIS  STATE,  ON  EITHER  A FULL-TIME OR A

S. 6660                             4

PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FOR  MORE  THAN  FOURTEEN
CONSECUTIVE  DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN A
CALENDAR YEAR.
  9.  "NONRESIDENT  STUDENT"  MEANS  A  PERSON REQUIRED TO REGISTER AS A
DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO  IS  ENROLLED  ON  A
FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI-
TUTION  IN  THIS  STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFES-
SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION.
  S 169-B. DUTIES OF THE  DIVISION;  REGISTRATION  INFORMATION.  1.  THE
DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  DOMESTIC  ABUSE  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
WHICH THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED,  ATTEND-
ING  OR  EMPLOYED,  WHETHER  FOR  COMPENSATION  OR NOT, AND WHETHER SUCH
DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR
OPERATED BY SUCH INSTITUTION.
  (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
ANY  REGIONAL  OR  NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE
SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS  OF  THIS
ARTICLE.
  (B)  THE  DIVISION  SHALL  REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ESTABLISH AND  OPERATE  A  TELEPHONE  NUMBER  AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO  ADVISE
THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  8.   (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC
ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH  FEE
SHALL  BE  SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE
DIVISION.
  (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A  DOMES-
TIC  ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF  HIGHER  EDUCATION  AS  REQUIRED BY SUBDIVISION THREE OF
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE  PAID

S. 6660                             5

TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS
HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
  S  169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR  TO
THE  RELEASE  OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC-
TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF
THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC  ABUSE  OFFENDER,
INFORMING  THE  DIVISION  IN  WRITING ON A FORM PROVIDED BY THE DIVISION
INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES  TO  RESIDE  AND  THE
NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR
SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER  FOR  COMPEN-
SATION  OR  NOT,  AND  WHETHER  HE OR SHE RESIDES IN OR WILL RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH  DOMESTIC  ABUSE
OFFENDER  CHANGES  HIS  OR  HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT  BY  THE  DOMESTIC
ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION
ON  A  FORM  PROVIDED  BY  THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER
CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,  EMPLOYMENT  OR
RESIDENCE  AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON  A
FORM PROVIDED BY THE DIVISION.
  2.  IN  THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL
BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY
THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A
FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE  OFFENDER  CHANGES
THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI-
CATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY  THE  DOMESTIC  ABUSE
OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
A FORM PROVIDED BY THE DIVISION.
  3.  IN  THE  CASE  IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY, THE  DESIGNATED  OFFICIAL  OF  THE
FACILITY  WHERE  THE  DOMESTIC  ABUSE OFFENDER WAS CONFINED SHALL NOTIFY
WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC-
TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH  LAW  ENFORCE-
MENT  AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND
THE ADDRESS AT WHICH HE OR SHE  RESIDED  AT  THE  TIME  OF  HIS  OR  HER
CONVICTION,  THE  AMOUNT  OF TIME REMAINING TO BE SERVED, IF ANY, ON THE
FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME
FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A  COPY
OF  SUCH  DOMESTIC  ABUSE  OFFENDER'S  FINGERPRINTS AND PHOTOGRAPH AND A
SUMMARY OF HIS OR HER CRIMINAL RECORD.
  4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
POSSESSION,  OR  COMMENCES  EMPLOYMENT  OR  ATTENDANCE AT AN EDUCATIONAL
INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH  INFORMA-
TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S  169-D.  DUTIES  OF  THE  COURT.  1.  UPON  CONVICTION OF ANY OF THE
OFFENSES  SET  FORTH  IN  SUBDIVISION  TWO  OF   SECTION   ONE   HUNDRED
SIXTY-NINE-A  OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS
A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE  THE  CERTIFICATION  IN  THE

S. 6660                             6

JUDGMENT  OF  CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE
OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE
CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC
ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2.  ANY  DOMESTIC  ABUSE  OFFENDER WHO HAS BEEN CONVICTED OF A VIOLENT
FELONY OR TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A  MEMBER  OF
SUCH  OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF THE
CRIMINAL PROCEDURE LAW, WHO IS RELEASED ON PROBATION OR DISCHARGED  UPON
PAYMENT  OF  A  FINE,  CONDITIONAL  DISCHARGE OR UNCONDITIONAL DISCHARGE
SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED  OF  HIS  OR  HER
DUTY  TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE WAS
CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER
SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE
COURT SHALL REQUIRE THE DOMESTIC ABUSE OFFENDER TO READ  AND  SIGN  SUCH
FORM  AND  TO  COMPLETE THE REGISTRATION PORTION OF SUCH FORM. THE COURT
SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE  OFFENDER
EXPECTS  TO  RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND ADDRESS OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR  OPERATED  BY
SUCH  AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION.
THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER
AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
MATION TO THE LAW ENFORCEMENT AGENCIES HAVING  JURISDICTION.  WHERE  THE
COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER
MUST  INCLUDE  A  PROVISION  REQUIRING  THAT  HE  OR SHE COMPLY WITH THE
REQUIREMENTS  OF  THIS  ARTICLE.  WHERE  SUCH  DOMESTIC  ABUSE  OFFENDER
VIOLATES  SUCH  PROVISION,  PROBATION  MAY BE IMMEDIATELY REVOKED IN THE
MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF  THE  CRIMINAL  PROCEDURE
LAW.
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IT
SHALL BE IN THE COURTS DISCRETION TO REQUIRE  AN  OFFENDER  TO  REGISTER
PURSUANT  TO THIS ARTICLE.  IN DETERMINING WHETHER AN OFFENDER SHOULD BE
ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE
OFFENDER IS A VICTIM WHO  WAS  DEFENDING  HIMSELF  OR  HERSELF  AND  THE
OFFENDER'S  HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A JUDGE
MAY REQUIRE A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING  METHODS  SUCH
AS  A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC VIOLENCE
SCREENING INSTRUMENT OR A KINGSTON  SCREENING  INSTRUMENT  FOR  DOMESTIC
VIOLENCE OR OTHER THREAT ASSESSMENT AS THE COURT MAY DEEM APPROPRIATE.
  4.  THE  COURT  SHALL  PROVIDE  REASONABLE  OPPORTUNITY TO A VICTIM TO
OBJECT TO AN OFFENDER'S INCLUSION IN THE REGISTRY AND  SHALL  TAKE  SUCH
INFORMATION  INTO  ACCOUNT  WHILE  DETERMINING  THE OFFENDER'S INCLUSION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL-
ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE
DISCHARGED, PAROLED, RELEASED TO POST-RELEASE  SUPERVISION  OR  RELEASED
FROM  ANY  STATE  OR LOCAL CORRECTIONAL FACILITY, SHALL AT LEAST FIFTEEN
CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF  HIS
OR  HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE
OR SHE WAS CONFINED. THE  FACILITY  SHALL  REQUIRE  THE  DOMESTIC  ABUSE
OFFENDER  TO  READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION
STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN
EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM. THE FACILITY SHALL OBTAIN ON  SUCH  FORM  THE  ADDRESS  WHERE  THE
DOMESTIC  ABUSE  OFFENDER  EXPECTS  TO RESIDE UPON HIS OR HER DISCHARGE,

S. 6660                             7

PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF  HIGHER
EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS
TO  RESIDE  IN  A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND
SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY  SHALL  GIVE
ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND
SHALL  SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY  SHALL
GIVE  THE  DOMESTIC  ABUSE  OFFENDER A FORM PREPARED BY THE DIVISION, TO
REGISTER WITH THE DIVISION AT  LEAST  FIFTEEN  CALENDAR  DAYS  PRIOR  TO
RELEASE  AND  SUCH FORM SHALL BE COMPLETED, SIGNED BY THE DOMESTIC ABUSE
OFFENDER AND SENT TO THE DIVISION BY THE  FACILITY  AT  LEAST  TEN  DAYS
PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF  NOT  ALREADY
OBTAINED.
  S  169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE OFFEN-
DER SHALL (A) AT LEAST TEN CALENDAR DAYS  PRIOR  TO  DISCHARGE,  PAROLE,
RELEASE  TO  POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL
CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR (B)  IF  RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR  UNCONDITIONAL  DISCHARGE,  AT THE TIME SENTENCE IS IMPOSED, REGISTER
WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
  2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
SHALL ON OR BEFORE EACH ANNIVERSARY OF  THE  DOMESTIC  ABUSE  OFFENDER'S
INITIAL  REGISTRATION  DATE  DURING  THE  PERIOD  IN  WHICH HE OR SHE IS
REQUIRED TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE  ADDRESS
LAST REPORTED TO THE DIVISION.
  3.  ANY  DOMESTIC  ABUSE  OFFENDER SHALL REGISTER WITH THE DIVISION NO
LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR  ANY  CHANGE
OF  HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR-
IZED BY SUBDIVISION EIGHT OF SECTION ONE HUNDRED  SIXTY-NINE-B  OF  THIS
ARTICLE,  SHALL  BE  SUBMITTED  BY THE DOMESTIC ABUSE OFFENDER EACH TIME
SUCH DOMESTIC ABUSE OFFENDER REGISTERS ANY  CHANGE  OF  ADDRESS  OR  ANY
CHANGE  OF  HIS  OR  HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR
RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE  OR  OMIS-
SION  TO  SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE BY THE
DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO  ANY  DOMESTIC  ABUSE  OFFENDER  WHOSE  CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI-
CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR
HER  PLACE  OF  EMPLOYMENT  OR EDUCATIONAL INSTITUTION ATTENDED WITH THE
DIVISION WITHIN TEN CALENDAR  DAYS  AFTER  SUCH  NONRESIDENT  WORKER  OR
NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
INSTITUTION  IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT
SHALL NOTIFY THE DIVISION OF ANY  CHANGE  OF  RESIDENCE,  EMPLOYMENT  OR
EDUCATIONAL  INSTITUTION  ADDRESS  NO  LATER  THAN  TEN  DAYS AFTER SUCH
CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
AGENCY'S JURISDICTION.

S. 6660                             8

  S 169-G. PRIOR CONVICTIONS; DUTY TO  INFORM  AND  REGISTER.  1.  EVERY
DOMESTIC  ABUSE  OFFENDER  WHO  ON THE EFFECTIVE DATE OF THIS ARTICLE IS
THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR  IN  SUBDIVISION
TWO  OF  SECTION  ONE  HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN
THIRTY  CALENDAR  DAYS  OF  SUCH EFFECTIVE DATE REGISTER WITH HIS OR HER
PAROLE OR PROBATION OFFICER. ANY DOMESTIC ABUSE OFFENDER  WHO  FAILS  OR
REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE
PROVIDED  FOR  IN  THIS  ARTICLE  WHICH WOULD BE IMPOSED UPON A DOMESTIC
ABUSE OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS  OF
THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
  2.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.
  S  169-H.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR
A PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION,  AS
DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS
AGAINST THE DOMESTIC ABUSE OFFENDER WHICHEVER IS LONGER.
  S  169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING SIGNED BY THE DOMESTIC ABUSE  OFFENDER  GIVING  THE  INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S  169-J.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  DOMESTIC  ABUSE
OFFENDER  REQUIRED  TO  REGISTER  UNDER THIS ARTICLE, THE DIVISION SHALL
NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF  THE  NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL, IF THE DOMESTIC ABUSE OFFENDER CHANGES RESI-
DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT  STATE
OF THE NEW PLACE OF RESIDENCE.
  3.  UPON  RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER  UNDER  THIS  ARTICLE,  THE
DIVISION  SHALL  NOTIFY  EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
DOMESTIC  ABUSE  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION
ONE  HUNDRED  SIXTY-NINE-A  OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF
THE NEW ADDRESS NO LATER THAN TEN  CALENDAR  DAYS  AFTER  SUCH  DOMESTIC
ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION.  SUCH MATERIALS

S. 6660                             9

SHALL  INCLUDE  AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
INDIVIDUALS IN OTHER STATES AND UNITED STATES  POSSESSIONS  MAY  USE  TO
OBTAIN ADDITIONAL INFORMATION.
  S  169-L.  PETITION  FOR  RELIEF  OR  MODIFICATION. ANY DOMESTIC ABUSE
OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS  ARTICLE
AND  WHO  HAS  BEEN  REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE
RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION
FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER-
MINATION REGARDING DURATION OF REGISTRATION AND LEVEL  OF  NOTIFICATION.
THE  OFFENDER  SHALL  BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING
EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE  AND  THREAT  TO  PUBLIC
SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY.
SUCH  PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY
TO REGISTER PURSUANT TO THIS ARTICLE  UPON  CONVICTION  OF  ANY  OFFENSE
REQUIRING  REGISTRATION  IN  THE  FUTURE.  SUCH  A PETITION SHALL NOT BE
CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE  DOMES-
TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR-
NEY  MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF
ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW
AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED  TO  REPRESENT  THE  DOMESTIC
ABUSE  OFFENDER  UPON  THE  GROUND  THAT  THE DOMESTIC ABUSE OFFENDER IS
FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY  APPEAL  AS  A
POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  S  169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, THE DIVISION  SHALL  OPERATE  A  TELEPHONE
NUMBER  THAT  MEMBERS  OF THE PUBLIC MAY CALL FREE OF CHARGE AND INQUIRE
WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE
IS LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON
REASONABLY APPEARS TO BE A PERSON LISTED, BASED  UPON  INFORMATION  FROM
THE  CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET
ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR  BIRTH
DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY
NUMBER,  HAIR  COLOR,  EYE  COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS,
ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF
AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC-
TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE  COLOR,  OTHER
IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM  BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON
LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
  2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
  (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE
MAINTAINED IN A WRITTEN RECORD;
  (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; AND

S. 6660                            10

  (F)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
  3.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND
  (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON SELECTED FACTORS.
  S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A
DIRECTORY OF DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL  INCLUDE  THE
ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF
THE  DOMESTIC  ABUSE  OFFENDER  ALONG WITH THE FOLLOWING INFORMATION, IF
AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE
DIRECTORY SHALL HAVE DOMESTIC ABUSE  OFFENDER  LISTINGS  CATEGORIZED  BY
COUNTY  AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE DISTRIB-
UTED TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR  STATE  LAW
ENFORCEMENT  AGENCIES  FOR PURPOSES OF PUBLIC ACCESS. THE DIVISION SHALL
DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY,
COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC  ACCESS.
SUCH  DEPARTMENTS  SHALL  REQUIRE THAT A PERSON IN WRITING PROVIDE THEIR
NAME AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY  PROVIDED
FOR  IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS EFFICIENCY
AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE
MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE.
  2.  EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY  DISPLAY  A
LINK  TO  THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE  DOMES-
TIC  VIOLENCE  HOTLINE  AND  SHALL ALSO CONTAIN A CAVEAT INFORMING USERS
THAT A PERSON WHO IS NOT ON THE REGISTRY MAY STILL  HAVE  A  HISTORY  OF
VIOLENCE  OR  A  PROPENSITY FOR VIOLENCE AND IF THE USER SUSPECTS THAT A
PERSON HE OR SHE IS INVOLVED WITH IS DANGEROUS, HE OR  SHE  SHOULD  CALL
THE HOTLINE.
  3.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE DIRECTORY FROM THE OFFICES OF A LOCAL,  VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND

S. 6660                            11

DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS SECTION UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S 169-P. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE  AUGUST  FIRST
IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
ING  THE  PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY  RECOMMEN-
DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 169-Q. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT  TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR  A  SECOND  OR
SUBSEQUENT  OFFENSE  SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN
ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL  LAW.  ANY  SUCH
FAILURE  TO  REGISTER  MAY  ALSO  BE  THE BASIS FOR REVOCATION OF PAROLE
PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW  WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 169-S. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
ANY OTHER SECTION OR PART THEREOF.
  S  3.  The  criminal  procedure law is amended by adding a new section
530.15 to read as follows:
S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION.
  IF IN THE OPINION OF THE  COURT  THE  INTEREST  OF  JUSTICE  WOULD  BE
SERVED,  THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST WHOM
AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS
IS A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF  SECTION
ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
  S  4. Subdivision 1 of section 530.12 of the criminal procedure law is
amended by adding a new paragraph (c) to read as follows:
  (C) DETERMINE A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN
ISSUED ON TWO OR MORE SEPARATE OCCASIONS TO BE A "DOMESTIC ABUSE  OFFEN-

S. 6660                            12

DER"  AS  DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-A
OF THE CORRECTION LAW.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that section one of this
act shall take effect on the first of November next succeeding the  date
on  which  it shall have become a law; and provided further, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date is authorized to be made and completed on or before such date.