The New York State Senate

                    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.