Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 | referred to crime victims, crime and correction |
Apr 07, 2009 | referred to crime victims, crime and correction |
senate Bill S4022
Enacts the "drug dealer registration act"
Sponsored By
George Winner
(R, C, Ind) 0 Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S4022 (ACTIVE) - Details
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Correction Law
- Laws Affected:
- Add Art 6-B ยงยง167 - 167-r, Cor L
S4022 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4022 TITLE OF BILL : An act to amend the correction law, in relation to enacting the "drug dealer registration act" PURPOSE : To establish a drug dealer registry which will require individuals who are found guilty of certain drug offenses to register for a 5 year period with the division of criminal justice services which shall notify the law enforcement agency of the municipality in which the individual resides to assist law enforcement and to provide community notification of the individual's whereabouts. Subsequent offenders of a "drug dealer offense" would be required to register for a 10 year period. SUMMARY OF PROVISIONS : Section 1: The bill creates a new Article 6B in the Corrections law, The Drug Dealer Registration Act. An individual convicted of or convicted of an attempt to commit an offense which is deemed a "drug dealer offense" shall be required to register with the New York State Division of Criminal Justice Services upon their discharge from a correctional facility, or his or her parole or release. A "drug dealer offense" is defined as a conviction under Penal law
Sections 220.39, 220.41, or 220.43 (Criminal sale of a controlled substance in the third, second, or first degree), Penal law section 220.44 (Criminal sale of a controlled substance in or near school grounds), Penal Law Section 221.55 (Criminal Sale of Marijuana in the First Degree), Penal law Sections 220.31 and 220.34 (Criminal Sale of a controlled substance in the fourth and fifth degree) when the sale is to a victim less than eighteen years old. A "drug dealer offense" would also encompass any person who is twice convicted of Penal law section 220.31, 220.34, or 220.28( Use of a child to commit a controlled substance offense) or convicted of Penal law section 220.31,220.34,220.38 and additionally convicted of a drug dealer offense as defined in this section. Additionally out of state convictions that include essentially the same elements as the above referenced crimes will require registration. The division of criminal justice services is required to maintain registration information for similar purposes as currently provided under New York's Sex Offender Registry. Information required from those who are required to register under the act including the drug dealer's name, all aliases used, date of birth, sex, race, height, weight, eye color, driver's license number, home address, expected place of domicile, a photograph and fingerprints, a description of the offense committed, date of conviction and imposed sentence. Additionally the name of any place of higher education expected to be attended must be provided. The Division is required to forward such information to local law enforcement agencies and as well, to maintain a toll free phone number to enable the public to obtain registration information. Additionally the Division must maintain a directory and an Internet posting of the required information. EXISTING LAW : Existing law does not provide for a drug dealer registration program. JUSTIFICATION : The criminal sale of marijuana and other controlled substances is reaching epidemic proportions in many of our communities. Convicted drug dealers from urban cities are planting roots in small communities that often lack sufficient resources, or may tax the already limited resources of local law enforcement. Drug dealers have a significant impact on the quality of life for New York State residents. Activities of these drug dealers cause an increase in street level crimes and violence, and further expose New York's youth to illicit drugs. This type of activity also has a significant economic impact and causes a decrease in property values. The legislation is similar to Megan's Law that requires sex offenders to register with law enforcement. Sex offenders pose a risk to children and in other instances, adult women. Conversely, drug dealers pose a risk to all people. They threaten the quality of life in our communities and challenge the well-being of our families. Currently, in the absence of appropriate legislation, drug dealers are able to conceal their criminal past by moving from jurisdiction to jurisdiction and continue in their illicit trade. In some cases when these individuals are encountered by law enforcement, they provide false identification and their true identities are not known until they are arrested and finger printed. Such instances are very frustrating for law enforcement. While the identities of these drug dealers remain unknown, our communities are prey to their deplorable behavior that ultimately threatens the safety of our children. The federal government has proposed similar legislation establishing a drug dealer registry. Recently, Maine and New Mexico also announced plans to introduce legislation relating to the establishment of a drug dealer registry within their respective states. LEGISLATIVE HISTORY : 2007: S.5980/A.8824 - passed senate/referred to correction 2008: S.5980/A.8824 - passed senate/referred to correction FISCAL IMPLICATIONS : Undetermined. LOCAL FISCAL IMPLICATIONS : None. EFFECTIVE DATE : 180 days after enactment.
S4022 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4022 2009-2010 Regular Sessions I N S E N A T E April 7, 2009 ___________ Introduced by Sen. WINNER -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to enacting the "drug dealer registration act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The correction law is amended by adding a new article 6-B to read as follows: ARTICLE 6-B DRUG DEALER REGISTRATION ACT SECTION 167. SHORT TITLE. 167-A. DEFINITIONS. 167-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 167-C. DRUG DEALER; RELOCATION; NOTIFICATION. 167-D. DUTIES OF THE COURT. 167-E. DISCHARGE OF DRUG DEALER FROM CORRECTIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. 167-F. DUTY TO REGISTER AND TO VERIFY. 167-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 167-H. DURATION OF REGISTRATION AND VERIFICATION. 167-I. REGISTRATION AND VERIFICATION REQUIREMENTS. 167-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 167-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 167-L. SPECIAL TELEPHONE NUMBER. 167-M. DIRECTORY; INTERNET POSTING. 167-N. IMMUNITY FROM LIABILITY. 167-O. ANNUAL REPORT. 167-P. PENALTY. 167-Q. UNAUTHORIZED RELEASE OF INFORMATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11008-01-9
S. 4022 2 167-R. SEPARABILITY. S 167. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "DRUG DEALER REGISTRATION ACT". S 167-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI- NITIONS APPLY: 1. "DRUG DEALER" INCLUDES ANY PERSON WHO 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. 2. "DRUG DEALER OFFENSE" MEANS: (A) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE PROVISIONS OF SECTION 220.39, 220.41, 220.43, 220.44 OR 221.55 OF THE PENAL LAW; (B) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN EIGHTEEN YEARS OF AGE; OR (C) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE PROVISIONS OF SECTION 220.31, 220.34 OR 220.28 OF THE PENAL LAW REGARDLESS OF THE AGE OF THE VICTIM AND THE OFFENDER HAS PREVIOUSLY BEEN CONVICTED OF (I) A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR (II) ANY OF THE PROVISIONS OF SECTION 220.31, 220.34 OR 220.28 OF THE PENAL LAW, OR AN ATTEMPT THEREOF. A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE PROVISIONS OF SECTION 220.31, 220.34 OR 220.28 OF THE PENAL LAW PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE SHALL CONSTITUTE A PREVIOUS CONVICTION FOR PURPOSES OF THIS PARAGRAPH; OR (D) 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), (B) OR (C) OF THIS SUBDIVISION, OR (II) A FELONY IN ANY OTHER JURISDICTION FOR WHICH THE OFFENDER IS REQUIRED TO REGISTER AS A DRUG DEALER IN THE JURISDICTION IN WHICH THE CONVICTION OCCURRED, OR (III) ANY OF THE PROVISIONS OF THE FEDERAL LAW OF THE UNITED STATES, PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY THE SAME AS THOSE SET FORTH IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDI- VISION. 3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS: (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE DRUG DEALER 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 DRUG DEALER WHO IS OR EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW ENFORCEMENT OFFI- CER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITUTION 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 ENFORCE- MENT 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. S. 4022 3 4. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS DEFINED BY SECTION EIGHT HUNDRED THIRTY-SIX OF THE EXECUTIVE LAW. 5. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. 6. "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. 7. "INSTITUTION OF HIGHER EDUCATION" MEANS AN INSTITUTION IN THE STATE PROVIDING HIGHER EDUCATION AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO OF THE EDUCATION LAW. 8. "NONRESIDENT WORKER" MEANS ANY PERSON REQUIRED TO REGISTER AS A DRUG DEALER IN ANOTHER JURISDICTION WHO IS EMPLOYED OR CARRIES ON A VOCATION IN THIS STATE, ON EITHER A FULL-TIME OR A 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 DRUG DEALER IN ANOTHER JURISDICTION WHO IS ENROLLED ON A FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION IN THIS STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFESSIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION. S 167-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 DRUG DEALER'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 DRUG DEALER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED. (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THE DRUG DEALER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH DRUG DEALER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTI- TUTION. (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 DRUG DEALERS FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR NATIONAL REGISTRY OF DRUG DEALERS 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 DRUG DEALER 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 ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-L OF THIS ARTICLE. S. 4022 4 6. THE DIVISION SHALL ALSO ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-M OF THIS ARTICLE. 7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE. 8. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DRUG DEALER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI- TUTION OF HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY THE DRUG DEALER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND. S 167-C. DRUG DEALER; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY DRUG DEALER, IT SHALL BE THE DUTY OF THE DEPARTMENT OR LOCAL CORRECTION- AL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE RELEASE OR DISCHARGE OF ANY DRUG DEALER FROM A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DRUG DEALER, 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 DRUG DEALER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE DRUG DEALER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVI- SION ON A FORM PROVIDED BY THE DIVISION. IF SUCH DRUG DEALER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH NOTIFICA- TION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DRUG DEALER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 2. IN THE CASE OF ANY DRUG DEALER ON PROBATION, IT SHALL BE THE DUTY OF THE DRUG DEALER'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 DRUG DEALER 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 DRUG DEALER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 3. IN THE CASE IN WHICH ANY DRUG DEALER ESCAPES FROM A STATE OR LOCAL CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL OF THE FACILITY WHERE THE DRUG DEALER 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 ALIAS- ES OF THE DRUG DEALER, 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 DRUG DEALER'S FINGERPRINTS AND PHOTO- GRAPH 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- S. 4022 5 TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED. S 167-D. DUTIES OF THE COURT. 1. (A) EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, UPON CONVICTION OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS A DRUG DEALER AND SHALL INCLUDE THE CERTIFICATION IN THE JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE DRUG DEALER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DRUG DEALER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE. (B) WHERE A DEFENDANT STANDS CONVICTED OF AN OFFENSE DEFINED IN PARA- GRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE AND THE DEFENDANT CONTROVERTS AN ALLEGATION THAT THE VICTIM OF SUCH OFFENSE WAS LESS THAN EIGHTEEN YEARS OF AGE, THE COURT, WITHOUT A JURY, SHALL, PRIOR TO SENTENCING, CONDUCT A HEARING, AND THE PEOPLE MAY PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE VICTIM WAS LESS THAN EIGHTEEN YEARS OF AGE BY ANY EVIDENCE ADMISSIBLE UNDER THE RULES APPLI- CABLE TO A TRIAL OF THE ISSUE OF GUILT. THE COURT IN ADDITION TO SUCH ADMISSIBLE EVIDENCE MAY ALSO CONSIDER RELIABLE HEARSAY EVIDENCE SUBMIT- TED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT TO THE DETERMINATION OF THE AGE OF THE VICTIM. FACTS CONCERNING THE AGE OF THE VICTIM PROVEN AT TRIAL OR ASCERTAINED AT THE TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. AT THE CONCLUSION OF THE HEARING, OR IF THE DEFENDANT DOES NOT CONTROVERT AN ALLEGATION THAT THE VICTIM OF THE OFFENSE WAS LESS THAN EIGHTEEN YEARS OF AGE, THE COURT MUST MAKE A FINDING AND ENTER AN ORDER SETTING FORTH THE AGE OF THE VICTIM. IF THE COURT FINDS THAT THE VICTIM OF SUCH OFFENSE WAS UNDER EIGHTEEN YEARS OF AGE, THE COURT SHALL CERTIFY THE DEFENDANT AS A DRUG DEALER, THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL APPLY AND THE DEFENDANT SHALL REGISTER WITH THE DIVISION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. (C) WHERE A DEFENDANT STANDS CONVICTED OF AN OFFENSE DEFINED IN PARA- GRAPH (C) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE AND THE DEFENDANT CONTROVERTS AN ALLEGATION THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, OR AN ATTEMPT THEREOF, THE COURT, WITHOUT A JURY, SHALL, PRIOR TO SENTENCING, CONDUCT A HEARING, AND THE PEOPLE MAY PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, OR AN ATTEMPT THEREOF, BY ANY EVIDENCE ADMISSIBLE UNDER THE RULES APPLICABLE TO A TRIAL OF THE ISSUE OF GUILT. THE COURT IN ADDITION TO SUCH ADMISSI- BLE EVIDENCE MAY ALSO CONSIDER RELIABLE HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT TO THE DETERMINATION OF WHETH- ER THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, OR AN ATTEMPT THEREOF. AT THE CONCLUSION OF THE HEARING, OR IF THE DEFENDANT DOES NOT CONTROVERT AN ALLEGATION THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, OR AN ATTEMPT THEREOF, THE COURT MUST MAKE A FINDING AND ENTER AN ORDER DETERMINING WHETHER THE DEFENDANT WAS PREVIOUSLY CONVICTED OF A DRUG DEALER OFFENSE DEFINED IN THIS ARTICLE, OR ANY OF THE PROVISIONS OF SECTION 220.31 OR 220.34 OF THE PENAL LAW, OR AN S. 4022 6 ATTEMPT THEREOF. IF THE COURT FINDS THAT THE DEFENDANT HAS SUCH A PREVI- OUS CONVICTION, THE COURT SHALL CERTIFY THE DEFENDANT AS A DRUG DEALER, THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL APPLY AND THE DEFENDANT SHALL REGISTER WITH THE DIVISION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 2. ANY DRUG DEALER, 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 DRUG DEALER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE COURT SHALL REQUIRE THE DRUG DEALER 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 DRUG DEALER 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 DRUG DEALER AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE COURT ORDERS A DRUG DEALER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DRUG DEALER VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMI- NAL PROCEDURE LAW. S 167-E. DISCHARGE OF DRUG DEALER FROM CORRECTIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DRUG DEALER, 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 DRUG DEALER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCE- DURE 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 DRUG DEALER 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 DRUG DEALER, 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 DRUG DEALER 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 DRUG DEALER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS PRIOR TO THE DRUG DEALER'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 167-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DRUG DEALER SHALL (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST- S. 4022 7 RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY DRUG DEALER 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. ANY DRUG DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL ON OR BEFORE EACH ANNIVERSARY OF THE DRUG DEALER'S INITIAL REGISTRATION DATE DURING THE PERIOD IN WHICH HE IS REQUIRED TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVISION. 3. ANY DRUG DEALER 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 INSTI- TUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-SEVEN-B OF THIS ARTICLE, SHALL BE SUBMITTED BY THE DRUG DEALER EACH TIME SUCH DRUG DEALER REGIS- TERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLL- MENT, 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 DRUG DEALER 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-SEVEN-A OF THIS ARTICLE, 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 167-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. EVERY DRUG DEALER 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-SEVEN-A OF THIS ARTICLE SHALL WITHIN THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER WITH HIS OR HER PAROLE OR PROBATION OFFICER. ANY DRUG DEALER 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 DRUG DEALER 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 DRUG DEALER ACCORDING TO THE REQUIREMENTS IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY OF THE FORM TO THE DRUG DEALER AND SHALL, WITHIN THREE CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVISION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DRUG DEALER RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE. S. 4022 8 S 167-H. DURATION OF REGISTRATION AND VERIFICATION. 1. THE DURATION OF REGISTRATION AND VERIFICATION FOR A DRUG DEALER SHALL BE FOR A PERIOD OF FIVE YEARS FROM THE INITIAL DATE OF REGISTRATION. 2. THE DURATION OF REGISTRATION AND VERIFICATION FOR A DRUG DEALER THAT HAS BEEN CONVICTED OF TWO OR MORE DRUG DEALER OFFENSES SHALL BE FOR A PERIOD OF TEN YEARS FROM THE INITIAL DATE OF REGISTRATION. S 167-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED BY THE DRUG DEALER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE. S 167-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A DRUG DEALER 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 DRUG DEALER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. 2. THE DIVISION SHALL, IF THE DRUG DEALER CHANGES RESIDENCE 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 DRUG DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHICH IS AFFECTED BY SUCH CHANGE. S 167-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A DRUG DEALER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGIS- TRATION UNDER PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE SHALL NOTIFY THE DIVISION OF THE NEW ADDRESS NO LATER THAN TEN CALENDAR DAYS AFTER SUCH DRUG DEALER ESTAB- LISHES 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 ONGOING, 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 MATE- RIALS 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 167-L. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-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 S. 4022 9 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) 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. 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 167-M. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A DIRECTORY OF DRUG DEALERS. THE DIRECTORY SHALL INCLUDE THE ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF THE DRUG DEALER ALONG WITH THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYS- ICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE DIRECTORY SHALL HAVE DRUG DEALER LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE DISTRIBUTED 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 S. 4022 10 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 USEFUL- NESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE. 2. 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 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 167-N. 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 167-O. 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 167-P. PENALTY. ANY DRUG DEALER 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 A MISDEMEANOR 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 REGISTER 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 167-Q. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA- NOR. S 167-R. 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. 4022 11 S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediate- ly, 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.
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