A. 928 2
S 168-BB. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:
1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING PISTOL OR
REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP, OR SIMILAR TYPE OF
IGNITION SYSTEM, OR A PISTOL OR REVOLVER WHICH USES FIXED CARTRIDGES
WHICH ARE NO LONGER AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL
TRADE.
2. "ASSAULT WEAPON" MEANS:
A. A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A BAYONET MOUNT;
(IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
FLASH SUPPRESSOR;
(V) A GRENADE LAUNCHER; OR
B. A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING
CHARACTERISTICS:
(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
C. A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
(I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
PISTOL GRIP;
(II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NONTRIGGER HAND WITHOUT BEING BURNED;
(IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED;
(V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
OR
D. ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
AS:
(I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
MODELS);
(II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
(III) BERETTA AR70 (SC-70);
(IV) COLT AR-15;
(V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
(VI) SWD M-10, M-11, M-11/9, AND M-12;
(VII) STEYR AUG;
(VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
(IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
SWEEPER AND STRIKER 12;
E. PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921
(A)(16);
A. 928 3
(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
(V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINE-
TY-FOUR.
3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR A VERDICT
OF GUILTY UPON, AN ACCUSATORY INSTRUMENT OTHER THAN A FELONY COMPLAINT,
OR TO ONE OR MORE COUNTS OF SUCH INSTRUMENT.
4. "DISGUISED GUN" MEANS ANY WEAPON OR DEVICE CAPABLE OF BEING
CONCEALED ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH THE
ENERGY OF AN EXPLOSIVE AND IS DESIGNED AND INTENDED TO APPEAR TO BE
SOMETHING OTHER THAN A GUN.
5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
ONE OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A RIFLE
HAVING ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH; OR (D)
ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
AN OVERALL LENGTH OF LESS THAN TWENTY-SIX INCHES; OR (E) AN ASSAULT
WEAPON. FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL ON
A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
THE MUZZLE AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK WHEN CLOSED
AND WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A WEAPON
MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
THE WEAPON MEASURED ALONG A LINE PARALLEL TO THE CENTER LINE OF THE
BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
6. "FIREARM SILENCER" MEANS ANY INSTRUMENT, ATTACHMENT, WEAPON OR
APPLIANCE FOR CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER
FIREARMS TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF THE
FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
7. "GUN POSSESSION OFFENDER OR OFFENDER" MEANS ANY PERSON WHO IS
CONVICTED OF OR HAS A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE
PROVISIONS OF SECTION 265.02, 265.03 OR 265.04 OF THE PENAL LAW. ANY
CONVICTION SET ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR THE
PURPOSES OF THIS ARTICLE.
8. "LOADED FIREARM" MEANS ANY FIREARM LOADED WITH AMMUNITION OR ANY
FIREARM WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A
QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
9. "MACHINE-GUN" MEANS A WEAPON OF ANY DESCRIPTION, IRRESPECTIVE OF
SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
ZINE WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A SUB-MACHINE
GUN.
10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED AND
MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED METALLIC
CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR
EACH SINGLE PULL OF THE TRIGGER.
A. 928 4
11. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL,
REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
12. "SHOTGUN" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
AND INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED
AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
SHELL TO FIRE THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
S 168-CC. 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 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.
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 OFFENDER BY MAIL OF THE DUTY TO
APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCEMENT 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.
C. A DESCRIPTION OF THE OFFENSE FOR WHICH THE 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 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. 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 OFFENDERS FOR THE PURPOSE OF SHARING
INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR
NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN
REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
B. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK 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 AN OFFEN-
DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS
OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
A. 928 5
SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
FEES INTO THE GENERAL FUND.
S 168-DD. OFFENDER; RELOCATION; NOTIFICATION. IN THE CASE OF ANY
OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE 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 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
OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
A FORM PROVIDED BY THE DIVISION.
S 168-EE. DUTIES OF THE COURT. UPON CONVICTION OF ANY OF THE OFFENSES
SET FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER AND
SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION
IN THE ORDER OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT
RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF
OFFICIAL IN CHARGE. ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED
TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORREC-
TIONAL FACILITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMIT-
TED, 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 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 OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
DISCHARGE OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
ER 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 INSTITU-
TION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE FACILITY
SHALL GIVE ONE COPY OF THE FORM TO THE 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 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 OFFENDER AND SENT TO THE DIVISION BY
THE FACILITY AT LEAST TEN DAYS PRIOR TO THE OFFENDER'S RELEASE OR
DISCHARGE.
S 168-GG. DUTY TO REGISTER AND TO VERIFY. 1. ANY OFFENDER SHALL, AT
LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RE-
LEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACIL-
ITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, REGISTER
WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
2. FOR AN OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
ANNIVERSARY OF THE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERI-
OD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE
FOLLOWING APPLIES:
A. THE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITH-
IN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
A. 928 6
B. THE VERIFICATION FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVI-
SION.
C. IF THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION 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.
3. ANY OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN
CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER
STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
TUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY
SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH 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 EDUCA-
TION. 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 OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL
OR WHO WAS PARDONED BY THE GOVERNOR.
S 168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS. AN
OFFENDER'S DUTY TO REGISTER AND VERIFY TERMINATES WHEN SUCH OFFENDER IS
DISCHARGED FROM PROBATION.
S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING SIGNED BY THE OFFENDER 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 168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN 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 OFFENDER LAST RESIDED OF THE
NEW PLACE OF RESIDENCE.
S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-CC 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 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 CHARAC-
TERISTICS 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 INFORMA-
TION 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;
A. 928 7
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.
S 168-LL. 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 ARTICLE UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
S 168-MM. PENALTY. ANY 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 HEREIN
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 168-NN. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED
RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B
MISDEMEANOR.
S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
OF 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 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.