S T A T E   O F   N E W   Y O R K
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                                  1494

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. GUNTHER, MAGNARELLI, PAULIN, ARROYO, ORTIZ --
  read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to establishing the  sex
  offender alert line

  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 section  168-
pp to read as follows:
  S  168-PP. SEX OFFENDER ALERT LINE. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-B OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE  A  TELE-
PHONE NUMBER, VIA THE SAME SPECIAL TELEPHONE NUMBER ESTABLISHED PURSUANT
TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THIS ARTICLE, TO BE KNOWN AS THE
SEX  OFFENDER  ALERT  LINE,  THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF
CHARGE TO INQUIRE AS TO WHETHER OR NOT ANY PERSON LISTED ON THE REGISTRY
IS KNOWN TO THE DIVISION TO RESIDE WITHIN ANY ONE OF THREE AREAS, DESIG-
NATED BY POSTAL ZIP CODES, PROVIDED BY THE CALLER. THE CALLER  SHALL  BE
REQUIRED  TO  PROVIDE A TELEPHONE NUMBER TO BE CALLED BY THE DIVISION TO
FACILITATE NOTICE TO THE CALLER.  THE CALLER SHALL BE REQUIRED TO SPECI-
FY WHETHER A NOTIFICATION MAY BE GIVEN ONLY TO THE CALLER PERSONALLY  OR
GIVEN  TO  AN  ANSWERING  MACHINE.  THE CALLER SHALL ALSO BE REQUIRED TO
SPECIFY WHETHER OR NOT THE BREAK PERIOD PURSUANT TO SUBDIVISION FIVE  OF
THIS SECTION IS TO BE OBSERVED.
  2.  THE DIVISION MAY AUTOMATE SUCH SEX OFFENDER ALERT LINE ONLY TO THE
EXTENT PROVIDED IN THIS SECTION.  THE DIVISION SHALL DIVULGE SUCH INFOR-
MATION AS IS OTHERWISE PERMITTED BY LAW TO BE  DIVULGED,  AND  NEED  NOT
DIVULGE  VIA  TELEPHONE  ANY  IMPRACTICAL AMOUNT OF INFORMATION, BUT MAY
DIRECT THE RECIPIENT OF THE CALL TO APPROPRIATE  RESOURCES  FOR  FURTHER
INFORMATION, INCLUDING BUT NOT LIMITED TO THE DIVISION'S HOMEPAGE ON THE
INTERNET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02468-01-3
              

A. 1494                             2

  3.  WHEN  THE  TELEPHONE  NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION: (A) NOTICE THAT THE CALL-
ER'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) A  STATEMENT  THAT
THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY SUSPECTED CRIMINAL ACTIV-
ITY SHOULD BE REPORTED TO LOCAL AUTHORITIES; AND (G) A STATEMENT THAT AN
INFORMATION  PACKAGE WHICH WILL INCLUDE A DESCRIPTION OF THE LAW AND SEX
ABUSE AND ABDUCTION PREVENTION MATERIALS IS AVAILABLE UPON REQUEST  FROM
THE  DIVISION.  SUCH  INFORMATION  PACKAGE  SHALL  INCLUDE QUESTIONS AND
ANSWERS REGARDING THE MOST COMMONLY ASKED QUESTIONS ABOUT THE SEX OFFEN-
DER REGISTRATION ACT, AND CURRENT SEX  ABUSE  AND  ABDUCTION  PREVENTION
MATERIAL.
  4.  THE SEX OFFENDER ALERT LINE SHALL ACCEPT CALLS FROM MEMBERS OF THE
PUBLIC TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK. NOTIFICATIONS  TO
CALLERS SHALL BE MADE AS TO ANY REGISTERED SEX OFFENDERS RESIDING WITHIN
THE  GIVEN  AREAS  AS  OF THE TIME WHEN THE CALL IS PLACED AND AS TO ANY
REGISTERED SEX OFFENDERS  ENTERING  RESIDENCE  WITHIN  THE  GIVEN  AREAS
SUBSEQUENT TO THE TIME WHEN THE CALL IS PLACED.
  5.  UPON DETERMINING THAT ANY REGISTERED SEX OFFENDER RESIDES WITHIN A
PROVIDED AREA, THE SEX OFFENDER ALERT LINE SHALL ATTEMPT TO PLACE  CALLS
TO  ALL PERSONS WHO HAVE REQUESTED NOTIFICATION FOR SUCH AREAS EVERY TWO
HOURS DURING PERIODS BEGINNING AT 7:00 A.M.  AND  ENDING  AT  9:00  P.M.
UNTIL  THE  OPERATOR HAS CONFIRMED THE IDENTITY OF THE PERSON REQUESTING
THE ALERT AND GIVEN THE ALERT TO SUCH PERSON, OR GIVEN THE ALERT  TO  AN
ANSWERING  MACHINE,  IF  SO  AUTHORIZED, WHICH GIVING OF THE ALERT TO AN
ANSWERING MACHINE MAY BE PERFORMED BY AN AUTOMATED PROCESS.  CALLS SHALL
NOT BE MADE BETWEEN THE HOURS OF 3:00 P.M. TO 6:00 P.M. (THE BREAK PERI-
OD, TO PREVENT CHILDREN FROM RECEIVING SUCH CALLS) IF  SO  SPECIFIED  BY
THE  MEMBER  OF  THE  PUBLIC. THE NOTIFICATION SHALL BE CAPABLE OF BEING
LEFT ON A TELEPHONE ANSWERING MACHINE.
  6. IN ADDITION, THE DIVISION SHALL OFFER THE SERVICE OF THE SEX OFFEN-
DER ALERT LINE ON THE DIVISION'S HOMEPAGE  ON  THE  INTERNET.  WHEN  THE
INTERNET  OPTION  IS  USED,  THE  SAME SERVICE, FREE OF CHARGE, SHALL BE
OFFERED, SUBJECT TO THE FOLLOWING MODIFICATIONS:
  (A) ADDITIONAL INFORMATION NOT REQUIRED TO BE PROVIDED OVER THE  TELE-
PHONE  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION MAY BE PROVIDED VIA
THE INTERNET;
  (B) THE PREAMBLE INFORMATION REQUIRED BY  SUBDIVISION  THREE  OF  THIS
SECTION  SHALL  STATE  THAT  THE  INTERNET  USER  MUST FURNISH AN E-MAIL
ADDRESS, WHICH WILL BE RECORDED, AND MAY OPTIONALLY FURNISH A  TELEPHONE
NUMBER, WHICH WILL ALSO BE RECORDED;
  (C) THE INTERNET USER SHALL BE AFFORDED THE OPTION OF RECEIVING NOTICE
BY TELEPHONE ALONE AS PROVIDED FOR IN THIS SECTION, BY E-MAIL ALONE,  OR
BY BOTH TELEPHONE AND E-MAIL;
  (D)  WHEN E-MAIL NOTIFICATION IS AUTHORIZED, SUCH NOTICE SHALL BE SENT
AT THE SAME TIME AS A TELEPHONE CALL WOULD BE PLACED OR IS BEING  PLACED
IN ADDITION TO THE E-MAIL NOTIFICATION; AND
  (E) E-MAIL NOTIFICATION MAY BE MADE BY AN AUTOMATED PROCESS.
  7.  INFORMATION  PROVIDED  BY  A  PERSON REQUESTING SEX OFFENDER ALERT
NOTIFICATION SHALL NOT BE USED OR DIVULGED TO ANYONE EXCEPT AS NECESSARY

A. 1494                             3

TO CARRY OUT THE PROVISIONS OF  THIS  SECTION  OR  FOR  LAW  ENFORCEMENT
PURPOSES.
  8.  IN  NO  CASE SHALL THE STATE BE HELD LIABLE FOR FAILURE TO PROVIDE
ANY NOTIFICATION REQUIRED BY THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law;  provided  that  the  division  of  criminal
justice services is authorized to promulgate any and all rules and regu-
lations  and  take any other measures necessary to implement this act on
its effective date on or before such date.