LBD17042-01-0
A. 11017 2
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.
2. "DOMESTIC VIOLENCE OFFENSE" MEANS THE CONVICTION OF ANY FELONY
OFFENSE DEFINED IN THE PENAL LAW WHEN THE VICTIM OF SUCH CRIME OR
OFFENSE IS A FAMILY OR HOUSEHOLD MEMBER.
3. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
(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 ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
(E) UNRELATED PERSONS WHO ARE CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
4. "PARENT" MEANS A NATURAL OR ADOPTIVE PARENT OR ANY INDIVIDUAL
LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY.
5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
(A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN WHICH THE 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 POLICY; AND
(B) IN THE CASE OF A DOMESTIC VIOLENCE 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; AND
(C) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO EXPECTS TO RESIDE
WITHIN A STATE PARK OR ON OTHER LAND UNDER THE JURISDICTION OF THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE STATE
REGIONAL PARK POLICE.
S 165-A. 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 VIOLENCE OFFENDER'S NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS
WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER AND INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES.
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(B) A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
THE PERIOD OF REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE
YEARS. THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER BY MAIL
OF THE DUTY TO APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT
LEAST THIRTY DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS
REQUIRED TO BE TAKEN PURSUANT TO THIS ARTICLE.
(C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC VIOLENCE
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 VIOLENCE OFFENDER IS OR EXPECTS TO BE ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH INSTITUTION.
(E) THE EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT OF THE
DOMESTIC VIOLENCE OFFENDER.
(F) 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 VIOLENCE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS AND SHALL
MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF
THIS ARTICLE.
(B) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO
THIS ARTICLE, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR
ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGISTRY
INFORMATION.
(C) 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
VIOLENCE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTI-
CLE.
4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE DOMESTIC VIOLENCE OFFENDER FOR ANNUAL
VERIFICATION REQUIREMENTS.
5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
VIOLENCE 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 THIS ARTICLE. THE FEE
SHALL BE PAID TO THE DIVISION BY THE DOMESTIC VIOLENCE OFFENDER. THE
STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE
DOMESTIC VIOLENCE AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED BY CHAPTER SIX HUNDRED
THIRTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
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8. THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING TO
A PROSPECTIVE EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES AND
REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
REGISTRY TO SUCH PERSONS.
9. THE DIVISION SHALL, UPON THE REQUEST OF ANY AUTHORIZED INTERNET
ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS THAT WOULD ENABLE
SUCH ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
SERVICES OR, IN CONFORMITY WITH STATE AND FEDERAL LAW, ADVISE LAW
ENFORCEMENT AND/OR OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY THAT REQUESTS
INFORMATION FROM THE REGISTRY TO SUBMIT TO THE DIVISION THE NAME,
ADDRESS AND TELEPHONE NUMBER OF SUCH ENTITY AND THE SPECIFIC LEGAL
NATURE AND CORPORATE STATUS OF SUCH ENTITY. EXCEPT FOR THE PURPOSES
SPECIFIED IN THIS SUBDIVISION, AN AUTHORIZED INTERNET ENTITY SHALL NOT
PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFORMATION PROVIDED TO
IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE DIVISION MAY CHARGE
AN AUTHORIZED INTERNET ENTITY A FEE FOR ACCESS TO REGISTERED INTERNET
IDENTIFIERS REQUESTED BY SUCH ENTITY PURSUANT TO THIS SUBDIVISION. THE
DIVISION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES
FOR THE RELEASE OF INFORMATION IN THE REGISTRY, INCLUDING BUT NOT LIMIT-
ED TO, THE DISCLOSURE AND REDISCLOSURE OF SUCH INFORMATION, AND THE
IMPOSITION OF ANY FEES.
S 165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF THE
DEPARTMENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
DAR DAYS PRIOR TO THE RELEASE OR DISCHARGE OF ANY DOMESTIC VIOLENCE
OFFENDER FROM A CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE
OF SUCH DOMESTIC VIOLENCE 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 COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES
IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE
WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLL-
MENT, 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 VIOLENCE 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 VIOLENCE OFFENDER ON PROBATION, IT
SHALL BE THE DUTY OF THE DOMESTIC VIOLENCE 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 VIOLENCE
OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,
EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY
THE DOMESTIC VIOLENCE OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
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3. IN THE CASE IN WHICH ANY DOMESTIC VIOLENCE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI-
CIAL OF THE FACILITY OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD
JURISDICTION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME AND ALIASES OF THE PERSON, 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 VIOLENCE 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 EDUCATION INSTI-
TUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMATION
SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
S 165-C. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE
OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE
OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS A DOMESTIC
VIOLENCE OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF
COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION. THE COURT SHALL ALSO
ADVISE THE DOMESTIC VIOLENCE OFFENDER OF HIS OR HER DUTIES UNDER THIS
ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMIT-
MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE
OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
2. ANY DOMESTIC VIOLENCE OFFENDER, WHO IS RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDI-
TIONAL 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
VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY
THE DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE 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 DOMES-
TICS VIOLENCE 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 VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI-
SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION. WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN-
DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING
THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH
DOMESTIC VIOLENCE OFFENDER VIOLATES SUCH PROVISION, PROBATION MAY BE
IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN
OF THE CRIMINAL PROCEDURE LAW.
S 165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
FACILITY; DUTIES OF OFFICIAL IN CHARGE. ANY DOMESTIC VIOLENCE OFFENDER,
TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR
RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR
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INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, 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 OR COMMITTED. THE FACILITY SHALL REQUIRE
THE DOMESTIC VIOLENCE 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 VIOLENCE OFFENDER EXPECTS TO RESIDE
UPON HIS OR HER DISCHARGE, 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 VIOLENCE
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 VIOLENCE 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 VIOLENCE OFFENDER AND SENT TO THE DIVISION BY THE
FACILITY AT LEAST TEN DAYS PRIOR TO THE DOMESTIC VIOLENCE OFFENDER'S
RELEASE OR DISCHARGE.
S 165-E. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC VIOLENCE
OFFENDER 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, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
CONFINED OR COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY
DOMESTIC VIOLENCE OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON
PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS
ARTICLE ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL
REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE IS REQUIRED TO
REGISTER UNDER THIS SECTION THE FOLLOWING APPLIES:
(A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
(B) THE VERIFICATION FORM SHALL BE SIGNED BY THE DOMESTIC VIOLENCE
OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST
REPORTED TO THE DIVISION.
(C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
CATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR
SHE PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
(D) IF THE DOMESTIC VIOLENCE OFFENDER, TO WHOM A NOTICE HAS BEEN
MAILED AT THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE, FAILS TO
PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
WITHIN TWENTY DAYS OF THE ANNIVERSARY OF THE DOMESTIC VIOLENCE
OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, HE OR SHE SHALL BE IN
VIOLATION OF THIS SECTION. THE DUTY TO PERSONALLY APPEAR FOR SUCH
UPDATED PHOTOGRAPH SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
WHICH THE DOMESTIC VIOLENCE OFFENDER IS CONFINED IN ANY HOSPITAL OR
INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
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SUCH HOSPITAL OR INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
3. ANY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION NO
LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER,
INTERNET IDENTIFIERS THAT SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION
SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THIS ARTICLE, SHALL BE
SUBMITTED BY THE DOMESTIC VIOLENCE OFFENDER EACH TIME SUCH OFFENDER
REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OR
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION. ANY FAILURE OR OMISSION 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 VIOLENCE 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 FOURTEEN AND FIFTEEN OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF
ARTICLE SIX-C OF THIS CHAPTER, SHALL REGISTER HIS OR HER CURRENT ADDRESS
AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTI-
TUTION 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 ENFORCE-
MENT 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 165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. THE DIVI-
SION OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL ALTERNATIVES
IN ACCORDANCE WITH RISK FACTORS PURSUANT TO SECTION ONE HUNDRED
SIXTY-FIVE-K OF THIS ARTICLE SHALL DETERMINE THE DURATION OF REGISTRA-
TION AND NOTIFICATION FOR EVERY DOMESTIC VIOLENCE 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-FIVE OF THIS ARTICLE.
2. EVERY DOMESTIC VIOLENCE 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-FIVE OF THIS ARTICLE SHALL
WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS OR HER
PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF THE DOMESTIC
VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-FIVE-E OF THIS ARTICLE SHALL APPLY. ANY
DOMESTIC VIOLENCE 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 VIOLENCE OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER
SUCH EFFECTIVE DATE.
3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH DOMESTIC VIOLENCE OFFENDER ACCORDING TO THE REQUIRE-
MENTS IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE
ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL, WITHIN
THREE CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE
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DIVISION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE
OFFENDER RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF
STATE OR LOCAL CONDITIONAL RELEASE.
4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DOMES-
TIC VIOLENCE OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-N OF THIS ARTICLE.
S 165-G. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION AND VERIFICATION FOR A DOMESTIC VIOLENCE OFFENDER SHALL BE
ANNUALLY FOR A PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRA-
TION.
S 165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING SIGNED BY THE DOMESTIC VIOLENCE 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 165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC VIOLENCE
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 VIOLENCE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
2. UPON RECEIPT OF CHANGE OF ADDRESS INFORMATION, THE LOCAL LAW
ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE.
3. THE DIVISION SHALL, IF THE DOMESTIC VIOLENCE OFFENDER CHANGES RESI-
DENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
OF THE NEW PLACE OF RESIDENCE.
4. 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 VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE
DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA-
TION PROVISIONS SET FORTH IN THIS ARTICLE.
S 165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
DOMESTIC VIOLENCE OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER THIS ARTICLE SHALL NOTIFY THE DIVISION OF
THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
VIOLENCE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
2. IF THE DIVISION DETERMINES THAT THE DOMESTIC VIOLENCE OFFENDER IS
REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE
OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE AND SHALL
REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED
BY THE DIVISION ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCE-
DURE FOR REGISTRATION HAS BEEN EXPLAINED TO THE DOMESTIC VIOLENCE OFFEN-
DER. THE DIVISION SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMES-
TIC VIOLENCE OFFENDER EXPECTS TO RESIDE WITHIN THE STATE AND THE
DOMESTIC VIOLENCE OFFENDER SHALL RETAIN ONE COPY OF THE FORM AND SEND
TWO COPIES TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE
OFFENDER EXPECTS TO RESIDE WITHIN THIS STATE.
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3. 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
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 165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-FIVE-A OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
PHONE 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
REASONABLY APPEARS TO BE A PERSON SO LISTED. 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, DRIV-
ER'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 CHARACTERISTICS PROVIDED INCLUDE ETHNICITY,
HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE
PROVIDED. ANY INFORMATION IDENTIFYING 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 CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
WRITTEN RECORD;
(D) NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
OLDER;
(E) 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;
(F) 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;
(G) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
(H) A STATEMENT THAT AN INFORMATION PACKAGE WHICH WILL INCLUDE A
DESCRIPTION OF THE LAW AND DOMESTIC VIOLENCE PREVENTION MATERIALS IS
AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL
INCLUDE QUESTIONS AND ANSWERS REGARDING THE MOST COMMONLY ASKED QUES-
TIONS ABOUT THE DOMESTIC VIOLENCE OFFENDER REGISTRATION ACT, AND CURRENT
DOMESTIC VIOLENCE PREVENTION MATERIAL.
3. (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND
NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATION TO PRE-REGISTER WITH THE
DIVISION FOR USE OF THE TELEPHONE NUMBER. PRE-REGISTRATION SHALL INCLUDE
THE IDENTIFICATION OF UP TO TWO OFFICIALS OF THE ORGANIZATION WHO MAY
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CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF THE ORGAN-
IZATION. A PRE-REGISTERED CERTIFICATE ISSUED UNDER THIS SUBDIVISION
SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVISION FOR
GOOD CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR THE ISSU-
ANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVISION.
(B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE PURSUANT TO
THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
MULTIPLE NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER
REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE
ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW SUCH PRE-RE-
GISTERED ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH-
ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
(C) FOR PURPOSES OF THIS SUBDIVISION, "YOUTH SERVICES ORGANIZATION"
SHALL MEAN A FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THE
NOT-FOR-PROFIT CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE
CHILDREN THE OPPORTUNITY TO PARTICIPATE IN ADULT-SUPERVISED SPORTING
ACTIVITIES; OR (II) MATCH CHILDREN OR GROUPS OF CHILDREN WITH ADULT
VOLUNTEERS FOR THE PURPOSE OF PROVIDING CHILDREN WITH POSITIVE ROLE
MODELS TO ENHANCE THEIR DEVELOPMENT.
4. 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.
5. 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 RESULT 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 165-L. 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 SECTION, 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
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THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 165-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
EFFECTIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
S 165-N. PENALTY. ANY DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER
OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO
REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY UPON CONVICTION
FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT
OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGIS-
TER OR VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR
REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE
CRIMINAL PROCEDURE LAW.
S 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
S 3. If any clause, sentence, paragraph, section or part of this
section shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
S 4. This act shall take effect immediately.