S T A T E   O F   N E W   Y O R K
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                                  7546

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation  to  creating  a  felony
  possession of a firearm registration and crime 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-D
to read as follows:
                               ARTICLE 6-D
        FELONY GUN POSSESSION REGISTRATION AND CRIME REGISTRY ACT
SECTION 168-AA. SHORT TITLE.
        168-BB. DEFINITIONS.
        168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        168-DD. OFFENDER; RELOCATION; NOTIFICATION.
        168-EE. DUTIES OF THE COURT.
        168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES
                  OF OFFICIAL IN CHARGE.
        168-GG. DUTY TO REGISTER AND TO VERIFY.
        168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.
        168-II. REGISTRATION AND VERIFICATION REQUIREMENTS.
        168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                  OF ADDRESS.
        168-KK. SPECIAL TELEPHONE NUMBER.
        168-LL. IMMUNITY FROM LIABILITY.
        168-MM. PENALTY.
        168-NN. UNAUTHORIZED RELEASE OF INFORMATION.
        168-OO. SEPARABILITY.
  S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "FELONY GUN POSSESSION REGISTRATION AND CRIME REGISTRY ACT".
  S  168-BB. DEFINITIONS.   AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08134-02-5
              

A. 7546                             2

  1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING FIREARM WITH  A
MATCHLOCK,  FLINTLOCK,  PERCUSSION  CAP,  OR  SIMILAR  TYPE  OF IGNITION
SYSTEM, OR A FIREARM WHICH USES FIXED CARTRIDGES  WHICH  ARE  NO  LONGER
AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL TRADE.
  2.  "ASSAULT  WEAPON" MEANS ANY WEAPON DEFINED UNDER SUBDIVISION TWEN-
TY-TWO OF SECTION 265.00 OF THE PENAL LAW.
  3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR  A  VERDICT
OF   GUILTY  UPON,  AN  ACCUSATORY  INSTRUMENT  OTHER  THAN  MISDEMEANOR
CONVICTIONS.
  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" 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 ARTI-
CLE.
  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.
  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

A. 7546                             3

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 SHAR-
ING 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
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.
  8. THE DIVISION SHALL MAINTAIN A GUN CRIME REGISTRY FROM THE  INFORMA-
TION  OBTAINED FROM EACH REGISTERED INDIVIDUAL AND MAKE SUCH INFORMATION
AVAILABLE TO THE PUBLIC ON A WEBSITE  MAINTAINED  AND  OPERATED  BY  THE
DIVISION IN A SIMILAR MANNER AS THE SEX OFFENDER REGISTRY AS ESTABLISHED
IN ARTICLE SIX-C OF THIS CHAPTER.

A. 7546                             4

  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 CHANG-
ES  THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESI-
DENCE 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 CORRECTION-
AL  FACILITY  OR  INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED,
SHALL AT LEAST FORTY-FIVE 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 REGIS-
TRATION 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  HIGHER  EDUCA-
TION  HE  OR  SHE  EXPECTS  TO BE EMPLOYED BY, ENROLLED IN OR ATTENDING,
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 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  TWENTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-
RELEASE SUPERVISION OR RELEASE FROM  ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY  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 THE FOLLOW-
ING APPLIES:
  (A) THE 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 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

A. 7546                             5

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 OFFENDER SHALL NOTIFY LOCAL LAW ENFORCEMENT OR THE DIVISION  IN
WRITING OF A NEW ADDRESS WITHIN TEN DAYS AFTER MOVING.
  5.  THE  OFFENDER  SHALL  REPORT IN PERSON TO A LOCAL POLICE AGENCY TO
HAVE A CURRENT PHOTO TAKEN EVERY THREE YEARS.
  6. THE DIVISION SHALL MAIL TO THE OFFENDER'S  ADDRESS  A  VERIFICATION
FORM  EVERY NINETY DAYS FOR A PERIOD OF THREE YEARS AFTER CONVICTION AND
EVERY SIX MONTHS THEREAFTER TO  ENSURE  THE  DIVISION  HAS  AN  ACCURATE
ADDRESS FOR THE OFFENDER.
  7. 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  SHALL  REMAIN  ON  THE  REGISTRY FOR THE INITIAL PERIOD OF TEN
YEARS AFTER CONVICTION AND CAN BE REMOVED FOLLOWING THE  INITIAL  PERIOD
UPON ORDER OF THE COURT CONVICTION.
  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 THESE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-

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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;
  (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 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  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 one hundred eightieth day after
it shall have become a law.