senate Bill S2577

2013-2014 Legislative Session

Enacts the "domestic violence registration act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Jan 22, 2013 referred to crime victims, crime and correction

Co-Sponsors

S2577 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add Art 6-B ยงยง164 - 165-o, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S5303

S2577 - Bill Texts

view summary

Enacts the "domestic violence registration act" defining domestic violence offenses and offenders, and requiring such offenders to register with the division of criminal justice services.

view sponsor memo
BILL NUMBER:S2577 REVISED MEMO 07/24/13

TITLE OF BILL: An act to amend the correction law, in relation to
enacting the "domestic violence registration act"

PURPOSE:

This legislation will create a "domestic violence registration act."

SUMMARY OF PROVISIONS:

The correction law is amended by adding a new article 6-B to be known as
the Domestic Violence Registration Act.

Section 165-a.

1. The division shall establish and maintain a file of domestic violence
offenders required to register with specific information such as name,
aliases used, date of birth, a photograph and set of fingerprints as
well as other information deemed pertinent by the division.

2. The division is permitted to share information with national and
regional registries of domestic violence.

3. The division shall create a standardized registration form to be used
by appropriate authorities.

4. Annual verification requirements will be conducted.

5. A telephone number will be provided for verification requirements.

6. A public awareness campaign about domestic violence will be launched
by the division.

7. The division may charge a fee often dollars for processing registra-
tion changes.

8. Outlines provisions for release of information to any such person.

9. Establishes procedure when dealing with sharing of information with
an internet entity.

Section 165-b. Establishes requirements and procedures for domestic
violence offender relocation notification upon release from a correc-
tional facility, hospital, or probationary residence. In the case of a
domestic violence offender who escapes from a correctional facility,
hospital, or probationary residence, appropriate authorities must be
notified within twenty-four hours. Registration materials and corre-
spondence regarding their right to relocate will be provided annually.

Section 165-c. It is the responsibility of the court to certify an
offender as a domestic violence offender and thus required to register.

Section 165-d. Upon discharge of a domestic violence offender from a
correctional facility or hospital, etc. the offender shall be informed
1.5 days prior to discharge of the requirement to register.

Section 165-e. At least ten calendar days prior to discharge, each
domestic violence offender shall be required to register with the divi-
sion. Any changes in status or address must be reported within ten days
after such change.

Section 165-f. The department of probation and correctional alternatives
shall determine the duration or registration notification for domestic
violence offenders who are on parole or probation. It is the duty of the
parole or probation officer to inform the offender of such registration
requirements and assist them with registering.

Section 165-g. Registration shall be annually for a period of twenty
years.

Section 165-h. The offender shall provide a statement in writing to be
maintained in the individual's file.

Section 165-i. Further outlines change of address notifications and
requirements.

Section 165-j. Establishes change of address requirements from another
state. The division will provide information regarding change of address
notification requirements in the form of letters and notice forms.

Section 165-k. Establishes a special telephone number for members of the
public to call free of charge to inquire whether an individual is
required to register or is already registered. The caller is required to
provide his or her identity to the operator which will be maintained in
a written record. This section also outlines other notices and state-
ments to be provided to the caller. Non-profit and not-for-profit youth
organizations may use the special telephone number to inquire if named
individuals are listed on the registry. The division shall submit to
the legislature an annual report on the operation of the special tele-
phone number.

Section 165-l. Officials and employees are immune from liability for
providing appropriate and authorized information.

Section 165-m. On or before February 1st of each year the division shall
provide a report to the governor and legislature.

Section 165-n. Domestic violence offenders who fail to register will be
charged with a class E felony upon conviction for the first offense and
a second offense shall be a class D felony.

Section 165-o. The unauthorized release of any information required by
this article shall be a class B misdemeanor.

JUSTIFICATION:

There is an epidemic few are trying to cure, the killing of women and
girls. Four women a day are murdered, every 6 seconds a woman is
battered by her intimate partner, everyday women are raped and fear
reporting it while every 6 minutes many do to no avail and yet a simple
early detection registry remains unfunded. Abusers roam the streets
after repeatedly getting a slap on the wrist and women don't even know
who the enemy the courts have turned loose is. The double standard that
protects the perpetrators rights but leaves women and children vulner-
able to convicted previous offender is an American national disgrace.
Nearly every woman murdered by an intimate was previously battered and
due to weak laws the abuser was free to escalate his attacks to the
point of murder. Many women would not enter into these relationship had
they known the true nature of the man they were about to get involved
with. A registry might also convince the courts to convict repeat offen-
ders. Abusers may think twice before getting themselves on this. This
registry would be structured similarly to the state's sex offender
registry, the domestic violence registry would list the offender's
address, workplace, any property they own, as well as the criminal
conviction.

LEGISLATIVE HISTORY:

5/3/11 Referred to Crime Victims, Crime and Correction

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  2577

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 "domes-
  tic violence 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
                   DOMESTIC VIOLENCE REGISTRATION ACT
SECTION 164. SHORT TITLE.
        165.   DEFINITIONS.
        165-A. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        165-B. DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION.
        165-C. DUTIES OF THE COURT.
        165-D. DISCHARGE OF DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        165-E. DUTY TO REGISTER AND TO VERIFY.
        165-F. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        165-G. DURATION OF REGISTRATION AND VERIFICATION.
        165-H. REGISTRATION AND VERIFICATION REQUIREMENTS.
        165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        165-K. SPECIAL TELEPHONE NUMBER.
        165-L. IMMUNITY FROM LIABILITY.
        165-M. ANNUAL REPORT.
        165-N. PENALTY.
        165-O. UNAUTHORIZED RELEASE OF INFORMATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07345-01-3

S. 2577                             2

  S  164.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "DOMESTIC VIOLENCE REGISTRATION ACT".
  S 165. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1.  "DOMESTIC VIOLENCE OFFENDER" MEANS A PERSON WHO HAS BEEN CONVICTED
OF A DOMESTIC VIOLENCE OFFENSE.   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 SHALL NOT BE DEEMED
A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "DOMESTIC  VIOLENCE  OFFENSE"  MEANS  THE CONVICTION OF ANY FELONY
OFFENSE DEFINED IN THE PENAL LAW WHEN THE VICTIM OF SUCH  OFFENSE  IS  A
FAMILY OR HOUSEHOLD MEMBER.
  3.  "FAMILY  OR  HOUSEHOLD MEMBER" MEANS ANY OF THE FOLLOWING INDIVID-
UALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
  (E)  UNRELATED  PERSONS  WHO  ARE  CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY  OR  AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
  4.  "PARENT"  MEANS  A  NATURAL  OR  ADOPTIVE PARENT OR ANY INDIVIDUAL
LAWFULLY CHARGED WITH A MINOR CHILD'S CARE OR CUSTODY.
  5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  6. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN WHICH THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO RESIDE  UPON  HIS  OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR
UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR
  (II)  IF  THERE  BE  NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE,
TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY  IN  WHICH
THE DOMESTIC VIOLENCE 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 DOMESTIC VIOLENCE OFFENDER WHO IS OR  EXPECTS  TO
BE  EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION, (I) THE CHIEF  LAW
ENFORCEMENT  OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW  ENFORCEMENT  OFFICER  OF  THE
COUNTY  IN  WHICH  SUCH  INSTITUTION IS LOCATED; OR (III) IF THERE BE NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION OF STATE POLICE; AND  (IV)  IF  SUCH  INSTITUTION  OPERATES  OR
EMPLOYS  A  CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH
AGENCY; AND
  (C) IN THE CASE OF A DOMESTIC VIOLENCE OFFENDER WHO EXPECTS TO  RESIDE
WITHIN  A  STATE  PARK  OR  ON  OTHER LAND UNDER THE JURISDICTION OF THE
OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION,  THE  STATE
REGIONAL PARK POLICE.
  S  165-A.  DUTIES  OF  THE  DIVISION; REGISTRATION INFORMATION. 1. THE
DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF DOMESTIC VIOLENCE OFFEN-
DERS REQUIRED TO REGISTER PURSUANT TO THE  PROVISIONS  OF  THIS  ARTICLE
WHICH SHALL INCLUDE THE FOLLOWING INFORMATION OF EACH REGISTRANT:

S. 2577                             3

  (A)  THE  DOMESTIC VIOLENCE OFFENDER'S NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
HOME  ADDRESS  AND/OR  EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS
WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER  AND  INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES;
  (B)  A  PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
THE PERIOD OF REGISTRATION, UPDATE  SUCH  PHOTOGRAPH  ONCE  EVERY  THREE
YEARS.  THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE OFFENDER BY MAIL
OF  THE DUTY TO APPEAR AND BE PHOTOGRAPHED AT THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION. SUCH NOTIFICATION SHALL  BE  MAILED  AT
LEAST  THIRTY DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS
REQUIRED TO BE TAKEN PURSUANT TO THIS ARTICLE;
  (C) A DESCRIPTION OF THE DOMESTIC VIOLENCE OFFENSE OF WHICH THE DOMES-
TIC VIOLENCE OFFENDER WAS CONVICTED, THE  DATE  OF  CONVICTION  AND  THE
SENTENCE IMPOSED;
  (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
WHICH THE DOMESTIC VIOLENCE OFFENDER  IS  OR  EXPECTS  TO  BE  ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
DOMESTIC VIOLENCE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED
OR OPERATED BY SUCH INSTITUTION;
  (E)  THE EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT OF THE
DOMESTIC VIOLENCE OFFENDER; AND
  (F) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
ANY REGIONAL OR NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL  OR  NATIONAL REGISTRY OF DOMESTIC VIOLENCE OFFENDERS AND SHALL
MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE  PROVISIONS  OF
THIS ARTICLE.
  (B)  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY  PURSUANT  TO
THIS  ARTICLE, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON OR
ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH  REGISTRY
INFORMATION.
  (C)  THE  DIVISION  SHALL  ENSURE  THAT NO INFORMATION INCLUDED IN THE
REGISTRY 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 SUBDIVISION.  SUCH FORM
SHALL BE WRITTEN IN CLEAR AND CONCISE  LANGUAGE  AND  SHALL  ADVISE  THE
DOMESTIC  VIOLENCE  OFFENDER  OF HIS OR HER DUTIES AND OBLIGATIONS UNDER
THIS ARTICLE.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  EACH  DOMESTIC VIOLENCE OFFENDER FOR ANNUAL
VERIFICATION REQUIREMENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-FIVE-K OF THIS ARTICLE.
  6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
ADVISE THE PUBLIC ON THE PROVISIONS OF THIS ARTICLE.
  7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A DOMESTIC
VIOLENCE  OFFENDER  REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF  HIGHER  EDUCATION  AS REQUIRED BY THIS ARTICLE. THE FEE

S. 2577                             4

SHALL BE PAID TO THE DIVISION BY THE  DOMESTIC  VIOLENCE  OFFENDER.  THE
STATE  COMPTROLLER  SHALL  DEPOSIT  SUCH FEES INTO THE DOMESTIC VIOLENCE
AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-YYY  OF  THE
STATE  FINANCE  LAW  AS  ADDED BY CHAPTER SIX HUNDRED THIRTY-FOUR OF THE
LAWS OF TWO THOUSAND TWO.
  8. THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP  OPERA-
TOR,  RELEASE  TO  SUCH  PERSON ANY INFORMATION IN THE DOMESTIC VIOLENCE
OFFENDER REGISTRY RELATING TO A PROSPECTIVE EMPLOYEE OF ANY SUCH  PERSON
OR  ENTITY  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE DIVI-
SION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO  PROCEDURES  FOR
THE RELEASE OF INFORMATION IN THE REGISTRY TO ANY SUCH PERSON.
  9.  THE  DIVISION  SHALL,  UPON THE REQUEST OF ANY AUTHORIZED INTERNET
ENTITY, RELEASE TO SUCH ENTITY INTERNET IDENTIFIERS  THAT  WOULD  ENABLE
SUCH  ENTITY TO PRESCREEN OR REMOVE DOMESTIC VIOLENCE OFFENDERS FROM ITS
SERVICES OR, IN CONFORMITY  WITH  STATE  AND  FEDERAL  LAW,  ADVISE  LAW
ENFORCEMENT  AND/OR  OTHER GOVERNMENTAL ENTITIES OF POTENTIAL VIOLATIONS
OF LAW AND/OR THREATS TO PUBLIC SAFETY. BEFORE RELEASING ANY INFORMATION
THE DIVISION SHALL REQUIRE AN AUTHORIZED INTERNET ENTITY  THAT  REQUESTS
INFORMATION  FROM  THE  DOMESTIC VIOLENCE OFFENDER REGISTRY TO SUBMIT TO
THE DIVISION THE NAME, ADDRESS AND TELEPHONE NUMBER OF SUCH  ENTITY  AND
THE  SPECIFIC  LEGAL  NATURE AND CORPORATE STATUS OF SUCH ENTITY. EXCEPT
FOR THE PURPOSES SPECIFIED IN THIS SUBDIVISION, AN  AUTHORIZED  INTERNET
ENTITY SHALL NOT PUBLISH OR IN ANY WAY DISCLOSE OR REDISCLOSE ANY INFOR-
MATION  PROVIDED TO IT BY THE DIVISION PURSUANT TO THIS SUBDIVISION. THE
DIVISION MAY CHARGE AN AUTHORIZED INTERNET ENTITY A FEE  FOR  ACCESS  TO
REGISTERED  INTERNET  IDENTIFIERS  REQUESTED  BY SUCH ENTITY PURSUANT TO
THIS SUBDIVISION. THE DIVISION SHALL PROMULGATE  RULES  AND  REGULATIONS
RELATING  TO  PROCEDURES FOR THE RELEASE OF INFORMATION IN THE REGISTRY,
INCLUDING BUT NOT LIMITED TO, THE DISCLOSURE AND  REDISCLOSURE  OF  SUCH
INFORMATION, AND THE IMPOSITION OF ANY FEES.
  S  165-B.  DOMESTIC VIOLENCE OFFENDER; RELOCATION; NOTIFICATION. 1. IN
THE CASE OF ANY DOMESTIC VIOLENCE OFFENDER, IT SHALL BE THE DUTY OF  THE
DEPARTMENT,  HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALEN-
DAR DAYS PRIOR TO THE RELEASE OR  DISCHARGE  OF  ANY  DOMESTIC  VIOLENCE
OFFENDER  FROM  A  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL
FACILITY TO NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE
OF SUCH DOMESTIC VIOLENCE OFFENDER, INFORMING THE DIVISION IN WRITING ON
A FORM PROVIDED BY THE DIVISION INDICATING THE ADDRESS AT  WHICH  HE  OR
SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF
HIGHER EDUCATION AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES
IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY  SUCH  INSTITUTION.
IF SUCH DOMESTIC VIOLENCE OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE
WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
SENT  BY  THE  DOMESTIC  VIOLENCE  OFFENDER'S  PAROLE   OFFICER   WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH DOMESTIC VIOLENCE OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLL-
MENT,  ATTENDANCE,  EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER
EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF  THE  CHANGE  OF  STATUS
SHALL  BE SENT BY THE DOMESTIC VIOLENCE OFFENDER'S PAROLE OFFICER WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  2. IN THE CASE OF ANY DOMESTIC  VIOLENCE  OFFENDER  ON  PROBATION,  IT
SHALL  BE THE DUTY OF THE DOMESTIC VIOLENCE OFFENDER'S PROBATION OFFICER
TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS  OF  THE  NEW  PLACE  OF
RESIDENCE  ON A FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC VIOLENCE
OFFENDER CHANGES THE  STATUS  OF  HIS  OR  HER  ENROLLMENT,  ATTENDANCE,

S. 2577                             5

EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY
THE  DOMESTIC  VIOLENCE  OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3.  IN THE CASE IN WHICH ANY DOMESTIC VIOLENCE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
DOMESTIC VIOLENCE OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND  A  SUMMARY
OF HIS OR HER CRIMINAL RECORD.
  4.  THE  DIVISION  SHALL  PROVIDE GENERAL INFORMATION, IN REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION AND REGISTRATION PROCEDURES THAT MAY APPLY  IF  THE  REGISTRANT  IS
AUTHORIZED  TO  RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI-
TUTION IN ANOTHER STATE OR UNITED STATES  POSSESSION.  SUCH  INFORMATION
SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S  165-C.  DUTIES  OF  THE  COURT.  1.  UPON  CONVICTION OF A DOMESTIC
VIOLENCE OFFENSE THE COURT SHALL CERTIFY THAT THE DEFENDANT IS A  DOMES-
TIC  VIOLENCE  OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION. THE COURT SHALL  ALSO
ADVISE  THE  DOMESTIC  VIOLENCE OFFENDER OF HIS OR HER DUTIES UNDER THIS
ARTICLE.  FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
MENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC VIOLENCE
OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2.  ANY  DOMESTIC  VIOLENCE  OFFENDER, WHO IS RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDI-
TIONAL  DISCHARGE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED
OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN  WHICH
HE  OR SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC
VIOLENCE OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY
THE DIVISION. THE COURT SHALL REQUIRE THE DOMESTIC VIOLENCE OFFENDER  TO
READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM.  THE  COURT SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMES-
TICS VIOLENCE OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE,  AND
THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE
EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER
FOR  COMPENSATION  OR  NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
INFORMATION TO THE DIVISION.  THE COURT SHALL GIVE ONE COPY OF THE  FORM
TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL SEND TWO COPIES TO THE DIVI-
SION WHICH SHALL FORWARD THE INFORMATION TO THE LAW ENFORCEMENT AGENCIES
HAVING  JURISDICTION.  WHERE THE COURT ORDERS A DOMESTIC VIOLENCE OFFEN-
DER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING
THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE  SUCH
DOMESTIC  VIOLENCE  OFFENDER  VIOLATES  SUCH PROVISION, PROBATION MAY BE
IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR  HUNDRED  TEN
OF THE CRIMINAL PROCEDURE LAW.

S. 2577                             6

  S  165-D.  DISCHARGE  OF  DOMESTIC VIOLENCE OFFENDER FROM CORRECTIONAL
FACILITY; DUTIES OF OFFICIAL IN CHARGE. ANY DOMESTIC VIOLENCE  OFFENDER,
TO  BE  DISCHARGED,  PAROLED,  RELEASED  TO  POST-RELEASE SUPERVISION OR
RELEASED FROM ANY STATE OR  LOCAL  CORRECTIONAL  FACILITY,  HOSPITAL  OR
INSTITUTION  WHERE  HE  OR SHE WAS CONFINED OR COMMITTED, SHALL AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED
OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY  THE  FACILITY  IN
WHICH  HE  OR  SHE WAS CONFINED OR COMMITTED. THE FACILITY SHALL REQUIRE
THE DOMESTIC VIOLENCE OFFENDER TO READ AND SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND  TO  COMPLETE  THE
REGISTRATION  PORTION  OF  SUCH  FORM. THE FACILITY SHALL OBTAIN ON SUCH
FORM THE ADDRESS WHERE THE DOMESTIC VIOLENCE OFFENDER EXPECTS TO  RESIDE
UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND THE NAME AND ADDRESS OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER  HE  OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE  DIVISION.
THE  FACILITY  SHALL  GIVE ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE
OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE DIVISION  WHICH
SHALL  PROVIDE  THE  INFORMATION  TO THE LAW ENFORCEMENT AGENCIES HAVING
JURISDICTION. THE FACILITY SHALL GIVE THE DOMESTIC VIOLENCE  OFFENDER  A
FORM  PREPARED  BY  THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST
FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED,
SIGNED BY THE DOMESTIC VIOLENCE OFFENDER AND SENT TO THE DIVISION BY THE
FACILITY AT LEAST TEN DAYS PRIOR TO  THE  DOMESTIC  VIOLENCE  OFFENDER'S
RELEASE OR DISCHARGE.
  S  165-E.  DUTY  TO REGISTER AND TO VERIFY. 1. EVERY DOMESTIC VIOLENCE
OFFENDER SHALL, (A) AT LEAST  TEN  CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS
CONFINED  OR  COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY
DOMESTIC VIOLENCE OFFENDER RELEASED  ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF  A  FINE,  CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
  2. FOR A DOMESTIC VIOLENCE OFFENDER REQUIRED TO  REGISTER  UNDER  THIS
ARTICLE  ON EACH ANNIVERSARY OF THE DOMESTIC VIOLENCE OFFENDER'S INITIAL
REGISTRATION DATE DURING THE PERIOD IN WHICH HE OR SHE  IS  REQUIRED  TO
REGISTER UNDER THIS SECTION THE FOLLOWING APPLY:
  (A) THE DOMESTIC VIOLENCE OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM;
  (B)  THE  VERIFICATION  FORM  SHALL BE SIGNED BY THE DOMESTIC VIOLENCE
OFFENDER, AND STATE THAT HE OR SHE STILL RESIDES  AT  THE  ADDRESS  LAST
REPORTED TO THE DIVISION;
  (C) IF THE DOMESTIC VIOLENCE OFFENDER FAILS TO MAIL THE SIGNED VERIFI-
CATION  FORM  TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF
THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS  HE  OR
SHE  PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS;
AND
  (D) IF THE DOMESTIC VIOLENCE OFFENDER,  TO  WHOM  A  NOTICE  HAS  BEEN
MAILED  AT  THE LAST REPORTED ADDRESS PURSUANT TO THIS ARTICLE, FAILS TO
PERSONALLY APPEAR AT THE LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION,
WITHIN   TWENTY  DAYS  OF  THE  ANNIVERSARY  OF  THE  DOMESTIC  VIOLENCE
OFFENDER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, HE OR SHE  SHALL  BE  IN
VIOLATION  OF  THIS  SECTION.  THE  DUTY  TO  PERSONALLY APPEAR FOR SUCH

S. 2577                             7

UPDATED PHOTOGRAPH SHALL BE TEMPORARILY SUSPENDED DURING ANY  PERIOD  IN
WHICH  THE  DOMESTIC  VIOLENCE  OFFENDER  IS CONFINED IN ANY HOSPITAL OR
INSTITUTION, AND SUCH DOMESTIC VIOLENCE OFFENDER SHALL PERSONALLY APPEAR
FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS AFTER RELEASE FROM
SUCH  HOSPITAL  OR  INSTITUTION, OR AN ALTERNATE LATER DATE SCHEDULED BY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. EVERY DOMESTIC VIOLENCE OFFENDER SHALL REGISTER WITH  THE  DIVISION
NO  LATER  THAN  TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT SUCH DOMESTIC VIOLENCE OFFENDER USES, OR HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY
SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-FIVE-A OF  THIS  ARTICLE,
SHALL  BE  SUBMITTED  BY  THE  DOMESTIC VIOLENCE OFFENDER EACH TIME SUCH
OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE  OF  HIS  OR  HER
STATUS  OR ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
TUTION OF HIGHER EDUCATION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT  THE
REQUIRED  FEE  SHALL  NOT  AFFECT  THE ACCEPTANCE BY THE DIVISION OF THE
CHANGE OF ADDRESS OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO ANY DOMESTIC VIOLENCE  OFFENDER  WHOSE  CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS  FOURTEEN  AND  FIFTEEN  OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF
THIS CHAPTER, WHO IS A DOMESTIC VIOLENCE OFFENDER 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
SUCH 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  165-F.  PRIOR  CONVICTIONS;  DUTY  TO  INFORM  AND REGISTER. 1. THE
DEPARTMENT OR OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  IN
ACCORDANCE  WITH  RISK  FACTORS PURSUANT TO THIS ARTICLE SHALL DETERMINE
THE  DURATION  OF  REGISTRATION  AND  NOTIFICATION  FOR  EVERY  DOMESTIC
VIOLENCE  OFFENDER  WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN ON
PAROLE OR PROBATION FOR A DOMESTIC VIOLENCE OFFENSE.
  2. EVERY DOMESTIC VIOLENCE OFFENDER WHO ON THE EFFECTIVE DATE OF  THIS
ARTICLE  IS  THEN ON PAROLE OR PROBATION FOR A DOMESTIC VIOLENCE OFFENSE
SHALL WITHIN TEN CALENDAR DAYS OF SUCH DATE REGISTER  WITH  HIS  OR  HER
PAROLE  OR  PROBATION  OFFICER.  ON  EACH  ANNIVERSARY  OF  THE DOMESTIC
VIOLENCE OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-FIVE-E OF THIS  ARTICLE  SHALL  APPLY.  ANY
DOMESTIC  VIOLENCE  OFFENDER  WHO FAILS OR REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED UPON A DOMESTIC VIOLENCE OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH DOMESTIC VIOLENCE OFFENDER ACCORDING TO  THE  REQUIRE-
MENTS  IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE
ONE COPY OF THE FORM TO THE DOMESTIC VIOLENCE OFFENDER AND SHALL, WITHIN

S. 2577                             8

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 DOMESTIC VIOLENCE
OFFENDER  RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF
STATE OR LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS  SECTION  MAY  BE  GRANTED  TO  ANY
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON PAROLE
OR  PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-FIVE-N OF THIS ARTI-
CLE.
  S 165-G. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION  AND VERIFICATION FOR A DOMESTIC VIOLENCE OFFENDER SHALL BE
ANNUALLY FOR A PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRA-
TION.
  S 165-H. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION  AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING  SIGNED BY THE DOMESTIC VIOLENCE OFFENDER GIVING THE INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S 165-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON RECEIPT OF A CHANGE OF ADDRESS BY A DOMESTIC VIOLENCE
OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE
OF RESIDENCE AND THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  WHERE
THE  DOMESTIC  VIOLENCE  OFFENDER LAST RESIDED OF THE NEW PLACE OF RESI-
DENCE.
  2. UPON RECEIPT OF CHANGE OF ADDRESS INFORMATION, THE LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE SHALL ADHERE TO
THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE.
  3. THE DIVISION SHALL, IF THE DOMESTIC VIOLENCE OFFENDER CHANGES RESI-
DENCE  TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
OF THE NEW PLACE OF RESIDENCE.
  4. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE  ENROLLMENT,  ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC  VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE
DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
EMPLOYMENT  OR  RESIDENCE  AT  AN  INSTITUTION  OF HIGHER EDUCATION BY A
DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, EACH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL ADHERE TO THE NOTIFICA-
TION PROVISIONS SET FORTH IN THIS ARTICLE.
  S 165-J. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
DOMESTIC  VIOLENCE  OFFENDER  WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER THIS ARTICLE SHALL NOTIFY  THE  DIVISION  OF
THE  NEW  ADDRESS  NO  LATER  THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
VIOLENCE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2. IF THE DIVISION DETERMINES THAT THE DOMESTIC VIOLENCE  OFFENDER  IS
REQUIRED  TO  REGISTER,  THE DIVISION SHALL NOTIFY THE DOMESTIC VIOLENCE
OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER  THIS  ARTICLE  AND  SHALL
REQUIRE THE DOMESTIC VIOLENCE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED
BY  THE  DIVISION ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCE-
DURE FOR REGISTRATION HAS BEEN EXPLAINED TO THE DOMESTIC VIOLENCE OFFEN-
DER. THE DIVISION SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DOMES-
TIC VIOLENCE OFFENDER  EXPECTS  TO  RESIDE  WITHIN  THE  STATE  AND  THE
DOMESTIC  VIOLENCE  OFFENDER  SHALL RETAIN ONE COPY OF THE FORM AND SEND
TWO COPIES TO THE DIVISION WHICH SHALL PROVIDE THE  INFORMATION  TO  THE

S. 2577                             9

LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE DOMESTIC VIOLENCE
OFFENDER EXPECTS TO RESIDE WITHIN THIS STATE.
  3.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
THE  SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH  OFFICIALS  AND
INDIVIDUALS  IN  OTHER  STATES  AND UNITED STATES POSSESSIONS MAY USE TO
OBTAIN ADDITIONAL INFORMATION.
  S 165-K. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
SIXTY-FIVE-A  OF  THIS  ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
INQUIRE  WHETHER  A NAMED INDIVIDUAL IS REQUIRED TO REGISTER PURSUANT TO
THIS ARTICLE AND/OR IS SO REGISTERED.    THE  DIVISION  SHALL  ASCERTAIN
WHETHER  A NAMED PERSON REASONABLY APPEARS TO BE A PERSON SO LISTED. THE
DIVISION SHALL DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO  BE
A PERSON LISTED, BASED UPON INFORMATION FROM THE CALLER PROVIDING INFOR-
MATION  THAT SHALL INCLUDE (A) AN EXACT STREET ADDRESS, INCLUDING APART-
MENT NUMBER, DRIVER'S LICENSE NUMBER OR BIRTH  DATE,  ALONG  WITH  ADDI-
TIONAL  INFORMATION THAT MAY INCLUDE SOCIAL SECURITY NUMBER, HAIR COLOR,
EYE COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS, ETHNICITY; OR  (B)  ANY
COMBINATION  OF  THE ABOVE LISTED CHARACTERISTICS IF AN EXACT BIRTH DATE
OR ADDRESS IS NOT AVAILABLE. IF THREE OF  THE  CHARACTERISTICS  PROVIDED
INCLUDE  ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING CHARAC-
TERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFYING THE  VICTIM  BY
NAME,  BIRTH DATE, ADDRESS OR RELATION TO THE PERSON LISTED BY THE DIVI-
SION SHALL BE EXCLUDED BY THE DIVISION.
  2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
  (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
WRITTEN RECORD;
  (D) NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE  OR
OLDER;
  (E)  A  WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED  OR  TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (F)  NOTICE  THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR  OTHER  IDENTIFYING
INFORMATION  REGARDING  THE  PERSON  ABOUT WHOM INFORMATION IS SOUGHT IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
  (G) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE  AND  THAT  ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES; AND
  (H)  A  STATEMENT  THAT  AN  INFORMATION  PACKAGE WHICH WILL INCLUDE A
DESCRIPTION OF THE LAW AND DOMESTIC  VIOLENCE  PREVENTION  MATERIALS  IS
AVAILABLE UPON REQUEST FROM THE DIVISION. SUCH INFORMATION PACKAGE SHALL
INCLUDE  QUESTIONS  AND  ANSWERS REGARDING THE MOST COMMONLY ASKED QUES-
TIONS ABOUT THIS ARTICLE, AND CURRENT DOMESTIC VIOLENCE PREVENTION MATE-
RIAL.
  3. (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT  AND
NOT-FOR-PROFIT  YOUTH  SERVICES  ORGANIZATIONS  TO PRE-REGISTER WITH THE

S. 2577                            10

DIVISION FOR  USE  OF  SUCH  TELEPHONE  NUMBER.  PRE-REGISTRATION  SHALL
INCLUDE  THE  IDENTIFICATION  OF UP TO TWO OFFICIALS OF THE ORGANIZATION
WHO MAY CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION  ON  BEHALF  OF
THE  ORGANIZATION. A PRE-REGISTERED CERTIFICATE ISSUED UNDER THIS SUBDI-
VISION SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVI-
SION FOR GOOD CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN  APPLICANT  FOR
THE  ISSUANCE  OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVI-
SION.
  (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE  PURSUANT  TO
THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
MULTIPLE  NAMED INDIVIDUALS ARE LISTED ON THE DOMESTIC VIOLENCE OFFENDER
REGISTRY. NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE
ON CALLS BY PRIVATE INDIVIDUALS, THE DIVISION SHALL ALLOW  SUCH  PRE-RE-
GISTERED  ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACH-
ES, LEADERS OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
  (C) FOR PURPOSES OF THIS SUBDIVISION,  "YOUTH  SERVICES  ORGANIZATION"
SHALL  MEAN  A  FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE  HUNDRED  TWO  OF  THE
NOT-FOR-PROFIT  CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (I) PROVIDE
CHILDREN THE OPPORTUNITY TO  PARTICIPATE  IN  ADULT-SUPERVISED  SPORTING
ACTIVITIES;  OR  (II)  MATCH  CHILDREN  OR GROUPS OF CHILDREN WITH ADULT
VOLUNTEERS FOR THE PURPOSE OF  PROVIDING  CHILDREN  WITH  POSITIVE  ROLE
MODELS TO ENHANCE THEIR DEVELOPMENT.
  4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.   SUCH
PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  5. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) THE 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) THE NUMBER OF CALLS THAT RESULT IN AN AFFIRMATIVE RESPONSE AND THE
NUMBER  OF  CALLS  THAT  RESULTED  IN A NEGATIVE RESPONSE WITH REGARD TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) THE NUMBER OF PERSONS REGISTERED IN THE DOMESTIC  VIOLENCE  REGIS-
TRY; AND
  (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON SELECTED FACTORS.
  S 165-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS  ARTICLE  IF  THAT  OFFICIAL,
EMPLOYEE  OR  AGENCY  ACTED  REASONABLY  AND IN GOOD FAITH. THE IMMUNITY
PROVIDED UNDER THIS SECTION APPLIES TO THE RELEASE OF RELEVANT  INFORMA-
TION TO OTHER EMPLOYEES OR OFFICIALS OR TO THE GENERAL PUBLIC.

S. 2577                            11

  2.  NOTHING  IN  THIS  ARTICLE  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 IF THAT OFFICIAL,
EMPLOYEE OR AGENCY ACTED REASONABLY AND IN GOOD FAITH.
  S 165-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR SUBMIT A REPORT TO 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  165-N. PENALTY. ANY DOMESTIC VIOLENCE OFFENDER REQUIRED TO REGISTER
OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS  ARTICLE  WHO  FAILS  TO
REGISTER  OR  VERIFY  IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY UPON  CONVICTION
FOR  THE  FIRST  OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT
OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO  REGIS-
TER OR VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO
SECTION  TWO  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR
REVOCATION OF PROBATION PURSUANT TO ARTICLE  FOUR  HUNDRED  TEN  OF  THE
CRIMINAL PROCEDURE LAW.
  S 165-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S  2.  If  any  clause,  sentence,  paragraph, section or part of this
section shall be adjudged by any court of competent jurisdiction  to  be
invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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