senate Bill S3464C

2015-2016 Legislative Session

Establishes the New York State Terrorist Registry

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Current Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to governmental operations
delivered to assembly
passed senate
Jun 07, 2016 ordered to third reading cal.1485
committee discharged and committed to rules
reported and committed to rules
Jan 11, 2016 referred to finance
Jan 07, 2016 print number 3464c
amend and recommit to veterans, homeland security and military affairs
Jan 06, 2016 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 10, 2015 referred to governmental operations
delivered to assembly
passed senate
May 27, 2015 amended on third reading (t) 3464b
May 18, 2015 advanced to third reading
May 13, 2015 2nd report cal.
May 12, 2015 1st report cal.576
Mar 30, 2015 print number 3464a
amend and recommit to finance
Feb 25, 2015 reported and committed to finance
Feb 10, 2015 referred to veterans, homeland security and military affairs

Votes

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Jun 7, 2016 - Rules committee Vote

S3464C
16
7
committee
16
Aye
7
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 7, 2016 - Finance committee Vote

S3464C
25
8
committee
25
Aye
8
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Jan 11, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

S3464C
9
3
committee
9
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Jan 11, 2016

aye wr (1)

May 12, 2015 - Finance committee Vote

S3464A
27
7
committee
27
Aye
7
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 25, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

S3464
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 25, 2015

aye wr (1)
excused (1)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

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S3464 - Bill Details

See Assembly Version of this Bill:
A6129C
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §§719 & 233, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L

S3464 - Bill Texts

view summary

Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.

view sponsor memo
BILL NUMBER:S3464

TITLE OF BILL: An act to amend the executive law, the correction law
and the penal law, in relation to the establishment of the New York
state terrorist registry

PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the executive
law, the correction law and the penal law, to the establish the New
York State Terrorist Registry.

SUMMARY OF SPECIFIC PROVISIONS:

Summary of Provisions:

This bill would:

* Create a new section 719 of the executive law to provide for sharing
of the terrorist registry information between the Division of Criminal
Justice Services - DCJS (the keeper of the registry) and the Division
of Homeland Security and Emergency Services - DHSES;

* Create a new section 232 of the executive law to provide for sharing
of the terrorist registry information between DCJS and the Division of
State Police;

* Create a new Article 6-D of the correction law to establish a New
York State Terrorist Registry for Terrorists who live, work or attend
an educational institution in New York State, based upon the model of
Registration of Sex Offenders (Megan's Law - Article 6-C of the
correction law); and

* Create a new section 490.23 of the penal law, to establish the new
crime of failing to register or provide verification information for
the New York State Terrorist Registry.

Purpose of the Bill:

Pursuant to the legislative intent of the bill, the purpose would of
this act would be:

"to monitor those individuals, who have demonstrated through their
past actions, that they would commit an act of terrorism, so that
through such monitoring, such persons will be discouraged and/or
prevented from committing any new acts of terrorism, against the
people and property of the state of New York."

Terrorist Registry:

Specifically, the terrorist registry established pursuant to the new
article 6-D, created by this bill would add 25 new sections to the
correction law, in a very similar legal construct to Megan's law.
Such registry would:

* Register Terrorists: > Convicted of a state or federal crime of
terrorism, or


> Who have committed a "Verifiable Act of Terrorism" causing the
federal government to take concordant responsive action;

* Contain Information on Terrorists who live, work or attend school in
New York State, including:

> Personal-biographical information;

> Forensic information (DNA, fingerprints and annual photograph);

> Incident information (on the terrorist's past acts);

> Employment information (which also includes educational information
for students); and

> Verification information;

* Be assembled and maintained by DCJS, in cooperation with other
government agencies;

* Have non confidential information available to the public via a DCJS
website and phone number;

* Have confidential information available to government certain
agencies, such as the state police, FBI, DHSES and United States
Department of Homeland Security; and

* Would be financed by fees collected from registrants.

Operation of the Registry:

This bill would require DCJS to assemble and maintain the New York
State Terrorist Registry. Pursuant to its terms:

* DCJS would be required to work with other state and federal agencies
to assemble a list of persons ("terrorists") who have ever committed a
state or federal crime of terrorism, or who have ever committed a
Verifiable Act of Terrorism" that caused the federal government to
take concordant responsive action, and determine which of such
terrorists are, or will be, residing, working or attending an
educational institution in New York;

* DCJS would be further required to add those terrorists determined
above to the New York State Terrorist Registry, and send such persons
a standardized registration form, that DCJS must produce, which
notifies the terrorist of their obligation to register and verify, and
provides for the collection of all the necessary registry information;

* Upon being added to the registry, the terrorist would be required to
complete and sign the standardized registration form, and then within
15 days of receipt of such form, appear before the law enforcement
agency having jurisdiction to submit to a photograph, fingerprinting
and DNA test, and pay the required $100 fee; and

* DCJS would then be additionally required to review the information
gathered on the terrorist, and in consultation with DHSES and the
state police, determine what of such information should be kept


confidential for security reasons, and then provide for the public
accessibility of such non confidential information (as enumerated by
the bill) by means of a posting of the registry on the DCJS website
and by means of a public caller telephone service.

Judicial Review:

Any terrorist who wishes to have their name removed from the registry
can make an application before the supreme court of the county of
residence, or if they are not a resident of New York, before the
supreme court of the county of Albany

Failure to Register and/or Verify:

Any person who fails to register, provide the necessary registration
information to DCJS, or fails to provide the necessary verification
information to DCJS would be guilty of a violation of § 490.23 of the
penal law, which would be a class A felony.

Justification: This bill would require terrorists convicted of a
state or federal crime of terrorism, or who have committed a
"Verifiable Act of Terrorism" causing the federal government to take
concordant, responsive action, to register with the Division of
Criminal Justice Services, and have their non confidential information
made publicly available.

Based upon the highly successful construct of New York's Sexual
Offender Registration Act (Megan's Law) this bill seeks to monitor
those individuals, who have demonstrated through their past actions,
that they would commit an act of terrorism, so that through such
monitoring, such persons will be discouraged and/or prevented from
committing any new acts of terrorism, against the people and property
of the state of New York.

Any effective government program to combat terrorism must require
prevention, response and recovery. None of these elements is more
important than prevention. The same proven strategy of registering
convicted sexual predators to protect children can be equally applied
to register convicted terrorists to protect all the people of the
state.

Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria
(ISIS) have demonstrated their relentless, ferocious brutality over
and over again. They have repeatedly stated that they wish to see
continued terrorist attacks in America and New York State. This bill
would respond to New York State's first obligation as a government, to
provide public protection for its citizens, and to do such in a manner
that maintains essential freedoms and civil liberties of all people.

Persons would be added to the New York State Terrorist Registry only
after their past conduct resulted in a conviction for crime of
terrorism or a federal action taken against them for committing a
verifiable act of terrorism. Registrants can petition to the supreme
court to have their name removed if such court finds that
circumstances so justify the removal. The registration and
verification is neither over-burdensome nor complex.


Like the proven effectiveness of Megan's law, this bill would provide
state and federal authorities with a powerful new tool to prevent
future terrorist attacks, as well as provide terrorists with a serious
disincentive to commit another act of terrorism within New York State.

PRIOR LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: This act would take effect on the first of November
next succeeding the date on which it shall have become law.

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

                                  3464

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, the correction law and the penal law,
  in relation to the establishment  of  the  New  York  state  terrorist
  registry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "New  York
State terrorist registry act".
  S  2. The executive law is amended by adding a new section 719 to read
as follows:
  S 719. TERRORIST REGISTRY INFORMATION SHARING. 1.   UPON REQUEST,  THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH  INFORMATION  SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
  2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION  OF  HOMELAND
SECURITY.
  3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  WITH  ANY  AND  ALL
INFORMATION  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE  REGISTRATION  OF  TERRORISTS
PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09044-02-5

S. 3464                             2

  S  3. The executive law is amended by adding a new section 232 to read
as follows:
  S  232.   TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE  SIX-D  OF  THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
  2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION  ONE  OF  THIS  SECTION,  SO AS TO DELIVER ANY NEW, DIFFERENT, OR
ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF  STATE
POLICE.
  3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE  SERVICES  WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO  MAINTAIN  AN  ACCURATE  AND
COMPLETE  REGISTRATION  OF  TERRORISTS  PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL  BE  IN  THE
FORM  AND  MANNER  AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
REQUEST.
  S 4. The correction law is amended by adding a new article 6-D to read
as follows:

                               ARTICLE 6-D
                           TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
        169-B. DEFINITIONS.
        169-C. DUTIES OF THE DIVISION.
        169-D. REGISTRATION INFORMATION.
        169-E. REGISTRANT NOTIFICATION.
        169-F. STANDARDIZED REGISTRATION FORM.
        169-G. STANDARDIZED VERIFICATION FORM.
        169-H. INVESTIGATION OF POTENTIAL REGISTRANTS.
        169-I. INITIAL ASSEMBLY OF THE REGISTRY.
        169-J. DUTIES OF THE COURT.
        169-K. DISCHARGE OF  A  TERRORIST  FROM  CORRECTIONAL  FACILITY;
                 DUTIES OF OFFICIAL IN CHARGE.
        169-L. REGISTRATION AND VERIFICATION OF TERRORISTS.
        169-M. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        169-N. DURATION OF REGISTRATION AND VERIFICATION.
        169-O. NOTIFICATION OF CHANGE OF ADDRESS.
        169-P. REGISTRY INFORMATION SHARING.
        169-Q. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
        169-R. REGISTRY AND VERIFICATION FEES.
        169-S. SPECIAL TELEPHONE NUMBER.
        169-T. INTERNET DIRECTORY.
        169-U. IMMUNITY FROM LIABILITY.
        169-V. ANNUAL REPORT.
        169-W. PENALTY.
        169-X. UNAUTHORIZED RELEASE OF INFORMATION.
        169-Y. SEPARABILITY.
  S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC

S. 3464                             3

PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
  THE  LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE  ESSEN-
TIAL  CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE  MUST  TAKE
RESPONSIBLE  ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF  THE
NEW  YORK  STATE  TERRORIST  REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO  HAVE  DEMONSTRATED  THROUGH  THEIR  PAST
ACTIONS,  THAT  THEY  WOULD  COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED  FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  S  169-B.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  1. "TERRORIST" MEANS ANY PERSON WHO  IS  CONVICTED  OF  ANY  TERRORIST
OFFENSE  SET  FORTH  IN  SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
  2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
  (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
FOREIGN  COUNTRY,  WHICH  INCLUDES  ALL OF THE ESSENTIAL ELEMENTS OF ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229,  351,  831,  844
(F),  844  (I),  930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A,  2332B,  2332C,  2332D,
2332E,  2332F,  2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
TITLE 18 OF THE UNITED STATES CODE;
  (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
  (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
  (F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
FOREIGN  COUNTRY,  OF  ANY  OFFENSE  WHICH INCLUDES ALL OF THE ESSENTIAL
ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR  (E)  OF
THIS SUBDIVISION.
  3.  "VERIFIABLE  ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
  (A) DEPORTED, OR TRANSPORTED, TO  A  COUNTRY  OTHER  THAN  THE  UNITED
STATES,  BY  THE  UNITED  STATES GOVERNMENT, OR ANY DEPARTMENT OR AGENCY
THEREOF, UPON SUSPICION OR PROOF OF INVOLVEMENT IN TERRORIST ACTIVITIES,
OR THE HARBORING, SUPPORT AND/OR PROMOTION OF  TERRORISTS  OR  TERRORIST
ACTIVITIES;
  (B) DETAINED AT ANY TIME BY THE ARMED FORCES OF THE UNITED STATES, ANY
OTHER  GOVERNMENT  AGENCY OF THE UNITED STATES, OR ANY CONTRACTOR OF THE
GOVERNMENT OF  THE  UNITED  STATES  THAT  IS  AUTHORIZED  TO  MAKE  SUCH
DETENTIONS,  ON  THE GROUNDS THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN
ENEMY COMBATANT OR AN ILLEGAL ENEMY COMBATANT;
  (C) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR  MILITARY  COMMIS-
SION  OF  ANY  ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES;

S. 3464                             4

  (D) LISTED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST  SCREEN-
ING CENTER ON THE TERRORIST SCREENING DATABASE; AND/OR
  (E)  IDENTIFIED  BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES  DEPARTMENT  OF
JUSTICE,  THE  UNITED  STATES  DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES  CENTRAL  INTELLIGENCE  AGENCY,  AND/OR  THE
OFFICE  OF  THE  DIRECTOR  OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS  CITI-
ZENS,  AND/OR  WHO  IS  A  MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
  4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE  BASIS  OF  A
CONVICTION  FOR  ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A  VERIFIABLE  ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
  5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A)  THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS  OR
HER  DISCHARGE,  PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL  CONDITIONAL  RELEASE;
OR
  (B)  IF  THE  TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER  IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
  (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
  (D)  IF  THERE  IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
  6. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  7.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  8. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  9. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE  SIXTY-FIVE  OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  10. "INTERNET ACCESS PROVIDER" MEANS  ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY  OBTAIN  ACCESS  TO  THE
INTERNET.
  11.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
  12. "INTERNET IDENTIFIERS" MEANS ANY  ELECTRONIC  MAIL  ADDRESSES  AND
DESIGNATIONS  USED  FOR  THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
  13. "CELLULAR SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A  CUSTOMER  MAY  MAKE  CELLULAR  TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,

S. 3464                             5

ORGANIZATION  OR  OTHER  ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
  14.  "CELLULAR  CALL  TRACKERS" MEANS ANY TRACKERS, ELECTRONIC RECORDS
AND/OR ELECTRONIC DEVICES, EQUIPMENT, HARDWARE AND/OR SOFTWARE USED  FOR
THE PURPOSES OF TRACKING, MONITORING, INTERCEPTING, CAPTURING, RECORDING
OR  LISTENING TO CELLULAR PHONE CALLS, AND/OR EMAILS SENT OR RECEIVED ON
A CELLULAR DEVICE, AND/OR TEXT MESSAGES SENT OR RECEIVED ON  A  CELLULAR
DEVICE.
  15. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
  16. "REGISTRANT" MEANS A TERRORIST THAT UPON INVESTIGATION PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-H  OF  THIS  ARTICLE,  THE  DIVISION  HAS
DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
  S 169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE  DIVISION
SHALL  ESTABLISH  AND  MAINTAIN  AN  INFORMATION  FILE ON ALL TERRORISTS
REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS  ARTICLE,  WHICH
SHALL  INCLUDE  ALL  THE  INFORMATION  SET  FORTH IN SECTION ONE HUNDRED
SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE  NEW  YORK
STATE TERRORIST REGISTRY.
  2.  REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  BUT  IN  NO  EVENT
SHALL  THE  FAILURE  OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST  FROM  ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
  3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE  HUNDRED  SIXTY-NINE-I OF THIS ARTICLE, SHALL CONDUCT INVESTIGATIONS
TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO  THE  REGISTRY,
AND  UPON  SUCH  INVESTIGATIONS  AND  DETERMINATIONS, IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL ADD SUCH TERROR-
ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
  4. INVESTIGATIONS OF POTENTIAL REGISTRANTS. THE DIVISION,  IN  ACCORD-
ANCE  WITH  SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL MAKE
REGULAR INVESTIGATIONS TO DETERMINE WHAT TERRORISTS SHALL  BE  ADDED  TO
THE REGISTRY.
  5. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL DEVELOP A STAND-
ARDIZED  REGISTRATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F
OF THIS ARTICLE.
  6. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP A STAND-
ARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-G
OF THIS ARTICLE.
  7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO  SECTION  ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO  THE  NEW  YORK
STATE TERRORIST REGISTRY.
  8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
TERRORIST REGISTERS A CHANGE OF ADDRESS.
  9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-P OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.

S. 3464                             6

  10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE  WHETHER  THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF  THE
STATE  OF  NEW  YORK,  AND  UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION  SHALL  REMOVE  SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
  11.  DNA  CUSTODY  AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-Q OF THIS ARTICLE,  SHALL  PROVIDE  FOR  THE  SECURE,
CUSTODIAL  TRANSFER  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH  DNA  SAMPLE,  AND  SHALL
FURTHER  PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE  DNA  IDEN-
TIFICATION   INDEX,   MAINTAINED   PURSUANT   TO  SECTION  NINE  HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
  12. FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL  TRANSFER  OF  THE  FINGERPRINTS  COLLECTED  FROM  THE
TERRORIST, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,
OR  ANOTHER  APPROVED  FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY
THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
  13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
ONE  HUNDRED SIXTY-NINE-R OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
TERRORIST,  AT  THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-S
OF THIS ARTICLE.
  15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-T OF THIS ARTICLE.
  S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-L
THIS  ARTICLE,  WHICH  SHALL  BE  KNOWN  AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
  1. PERSONAL INFORMATION, INCLUDING:
  (A) THE TERRORIST'S NAME;
  (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
  (C) THE DATE OF BIRTH OF THE TERRORIST;
  (D) THE SEX OF THE TERRORIST;
  (E) THE RACE OF THE TERRORIST;
  (F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD  OF
THE TERRORIST;
  (G)  THE  NATION  OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
  (H) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;

S. 3464                             7

  (J)  THE  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
  (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
  (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
  (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
USED; AND
  (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
  2. FORENSIC INFORMATION, INCLUDING:
  (A) A PHOTOGRAPH OF THE TERRORIST, TAKEN BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WHICH SHALL BE UPDATED ANNUALLY;
  (B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, TAKEN BY THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (C) A DNA SAMPLE, TAKEN BY THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED DNA
INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A REPORT
AND  ANALYSIS  OF  AUTOSOMAL  DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND
Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA TEST-
ING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D) A DNA ANALYSIS  OF  THE  DNA  SAMPLE  TAKEN  FROM  THE  TERRORIST,
PERFORMED  BY  A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX  SYSTEM  (CODIS),  AND  WITH
SUCH  ANALYSIS  CAPABLE  OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)  AND  Y-CHROMOSOME  DNA  (Y-DNA),
TOGETHER  WITH  ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
  3. TERRORIST INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH  AND  EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A)  A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED,  TRANSPORTED,
LISTED OR IDENTIFIED;
  (B)  THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED,  DETAINED,  DEPORTED,  TRANSPORTED,  LISTED  OR
IDENTIFIED;
  (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
DETAINED,  DEPORTED,  TRANSPORTED,  LISTED OR IDENTIFIED, INCLUDING EACH
AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT
OF THE INCIDENT; AND
  (D) THE DATE OF EACH AND EVERY  CONVICTION,  DETAINMENT,  DEPORTATION,
TRANSPORTATION,  LISTING AND/OR IDENTIFICATION THAT OCCURRED AS A RESULT
OF THE INCIDENT, AND EACH AND EVERY SENTENCE,  FINE,  PUNISHMENT  AND/OR
SANCTION IMPOSED AS A RESULT OF THE INCIDENT;
  4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
  (A)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
EMPLOYER, OR IN THE CASE OF A TERRORIST WHO IS A STUDENT, THE  NAME  AND
ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION;
  (B)  A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT, AND IN THE CASE OF  A  TERRORIST  WHO  IS  A  STUDENT,  A
COMPLETE   DESCRIPTION  OF  THE  TERRORIST'S  CLASSES  TAKEN,  CLASSROOM
LOCATIONS, AND EDUCATIONAL CREDITS; AND

S. 3464                             8

  (C) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS, AND IN THE CASE OF
A TERRORIST WHO IS A STUDENT, A COMPLETE LIST OF THE TERRORIST'S PROFES-
SORS; AND
  5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
  (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
  (B)  ANY  OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
  S 169-E. REGISTRANT NOTIFICATION. 1. THE DIVISION SHALL  NOTIFY  EVERY
TERRORIST  REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE
PROVISIONS OF THIS SECTION, BUT IN NO  EVENT  SHALL  THE  FAILURE  OF  A
TERRORIST  TO RECEIVE SUCH NOTICE, OR OF THE DIVISION TO FAIL TO PROVIDE
SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY OBLIGATION REQUIRED BY THIS
ARTICLE.
  2. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE, THE DIVISION, WITHIN TEN CALENDAR DAYS  OF  MAKING  A  DETERMI-
NATION  THAT  A  TERRORIST SHALL BE ADDED TO THE REGISTRY, SHALL MAIL TO
SUCH TERRORIST, A NON-FORWARDABLE  STANDARDIZED  REGISTRATION  FORM,  AS
DESCRIBED BY SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE.
  3.  THE  PURPOSE OF THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM
MAILED TO SUCH TERRORIST, IN ACCORDANCE WITH  SUBDIVISION  TWO  OF  THIS
SECTION, SHALL BE TO INFORM THE TERRORIST, WHO THE DIVISION ADDED TO THE
NEW  YORK  STATE  TERRORIST  REGISTRY, OF SUCH TERRORIST'S OBLIGATION TO
REGISTER AS REQUIRED BY THIS  ARTICLE,  AND  TO  COLLECT  THE  NECESSARY
INFORMATION  REQUIRED  BY SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTI-
CLE.
  4. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED  TO  SUCH
TERRORIST,  IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, SHALL BE
MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST  KNOWN  ADDRESS
OF  SUCH  TERRORIST, BUT IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO
RECEIVE SUCH NOTICE, NOR THE FAILURE OF THE  DIVISION  TO  PROVIDE  SUCH
NOTICE,  RELIEVE  ANY  TERRORIST  FROM  THEIR  OBLIGATION TO REGISTER AS
REQUIRED BY THIS ARTICLE.
  5. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED  TO  SUCH
TERRORIST  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION, SHALL ALSO
CONTAIN NOTICE TO THE TERRORIST, THAT SUCH TERRORIST MUST APPEAR, WITHIN
FIFTEEN DAYS OF RECEIVING SUCH NOTICE, TO  THE  LAW  ENFORCEMENT  AGENCY
HAVING  JURISDICTION,  WITH THE ADDRESS AND TELEPHONE NUMBER OF SUCH LAW
ENFORCEMENT AGENCY BEING INCLUDED IN SUCH NOTICE, IN ORDER TO HAVE  SUCH
TERRORIST  SUBMIT  TO  THE TAKING OF HIS OR HER PHOTOGRAPH, FINGERPRINTS
AND A DNA SAMPLE, IN ACCORDANCE WITH  SUBDIVISION  TWO  OF  SECTION  ONE
HUNDRED SIXTY-NINE-D OF THIS ARTICLE, AND SUCH NOTICE SHALL ADDITIONALLY
PROVIDE  INFORMATION  CONCERNING THE TERRORIST'S RESPONSIBILITY TO PAY A
ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
  6. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRATION FORM IS NOT
RETURNED TO THE DIVISION BY A TERRORIST WITHIN THIRTY DAYS OF THE  MAIL-
ING  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE DIVISION
SHALL IMMEDIATELY NOTIFY THE DIVISION OF STATE POLICE, THE  STATE  DIVI-
SION  OF HOMELAND SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE  POLICE
SHALL IMMEDIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A
FAILURE  TO REGISTER IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W
OF THIS ARTICLE, AND PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
  7. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE, THE DIVISION SHALL ALSO PROVIDE REGISTRANTS WITH GENERAL INFOR-

S. 3464                             9

MATION, IN REGISTRATION MATERIALS AND ANNUAL CORRESPONDENCE,  CONCERNING
NOTIFICATION  AND REGISTRATION PROCEDURES THAT MAY APPLY IF SUCH TERROR-
IST IS EVER AUTHORIZED TO RELOCATE, AND THEN RELOCATES TO ANOTHER  STATE
OR  UNITED STATES POSSESSION, AND SUCH GENERAL INFORMATION SHALL INCLUDE
ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM  WHICH  ADDI-
TIONAL INFORMATION FOR TERRORIST REGISTRATION MAY BE OBTAINED.
  8. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
ARTICLE,  THE  DIVISION SHALL ALSO MAIL, TO ALL REGISTRANTS, EVERY THREE
MONTHS AFTER THEIR REGISTRATION, A NON-FORWARDABLE STANDARDIZED  VERIFI-
CATION  FORM,  AS  DESCRIBED IN SECTION ONE HUNDRED SIXTY-NINE-G OF THIS
ARTICLE.
  9. THE PURPOSE OF THE NON-FORWARDABLE STANDARDIZED  VERIFICATION  FORM
MAILED  TO  SUCH  TERRORIST IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS
SECTION, SHALL BE TO INFORM SUCH REGISTRANT, WHO THE DIVISION  ADDED  TO
THE  NEW  YORK STATE TERRORIST REGISTRY, OF SUCH REGISTRANT'S OBLIGATION
TO PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS  ARTICLE,  AND  TO
COLLECT THE NECESSARY VERIFICATION INFORMATION AS REQUIRED BY THIS ARTI-
CLE.
  10.  THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
TERRORIST, IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS  SECTION,  SHALL
BE  MAILED  BY  THE  DIVISION,  BY  FIRST  CLASS MAIL, TO THE LAST KNOWN
ADDRESS OF SUCH REGISTRANT, BUT IN NO  EVENT  SHALL  THE  FAILURE  OF  A
REGISTRANT  TO  RECEIVE  SUCH NOTICE, NOR THE FAILURE OF THE DIVISION TO
PROVIDE SUCH NOTICE, RELIEVE ANY REGISTRANT  FROM  THEIR  OBLIGATION  TO
PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS ARTICLE.
  11.  THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
TERRORIST PURSUANT TO SUBDIVISION EIGHT  OF  THIS  SECTION,  SHALL  ALSO
CONTAIN  NOTICE TO THE TERRORIST AT LEAST ONCE A YEAR, THAT SUCH TERROR-
IST MUST APPEAR, WITHIN FIFTEEN DAYS OF RECEIVING SUCH  NOTICE,  TO  THE
LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, WITH THE ADDRESS AND TELE-
PHONE NUMBER OF SUCH LAW  ENFORCEMENT  AGENCY  BEING  INCLUDED  IN  SUCH
NOTICE, IN ORDER TO HAVE SUCH TERRORIST SUBMIT TO THE TAKING OF AN ANNU-
AL  UPDATE  OF HIS OR HER PHOTOGRAPH, IN ACCORDANCE WITH SUBDIVISION TWO
OF SECTION ONE HUNDRED SIXTY-NINE-D OF THIS  ARTICLE,  AND  SUCH  NOTICE
SHALL   ADDITIONALLY  PROVIDE  INFORMATION  CONCERNING  THE  TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR FEE  TO  THE  DIVISION,  PURSUANT  TO
SECTION ONE HUNDRED AND SIXTY-NINE-R OF THIS ARTICLE.
  12.  IN  THE  EVENT THAT A COMPLETED STANDARDIZED VERIFICATION FORM IS
NOT RETURNED TO THE DIVISION BY THE REGISTRANT WITHIN THIRTY DAYS OF ITS
MAILING TO SUCH TERRORIST, THE DIVISION  SHALL  IMMEDIATELY  NOTIFY  THE
DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURI-
TY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMMEDIATELY CAUSE  SUCH
TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE TO VERIFY IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W OF THIS ARTICLE, AND PURSUANT
TO SECTION 490.23 OF THE PENAL LAW.
  13.  THE  DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 169-F. STANDARDIZED REGISTRATION FORM. 1. THE DIVISION SHALL DEVELOP
A STANDARDIZED REGISTRATION FORM, PURSUANT TO THIS SECTION,  TO  COLLECT
THE  INFORMATION  REQUIRED  BY  SECTION ONE HUNDRED SIXTY-NINE-D OF THIS
ARTICLE, SO THAT THE DIVISION MAY ADD SUCH REQUIRED INFORMATION  ON  THE
REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
  2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED REGISTRATION FORM IN A
MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.

S. 3464                            10

  3.  THE  DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED REGISTRATION
FORM WITH THE PURPOSE OF:
  (A)  PROVIDING  FOR  THE  COLLECTION  OF  THE  INFORMATION REQUIRED BY
SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE; AND
  (B) ADVISING THE TERRORIST OF HIS OR HER REGISTRATION DUTIES AND OBLI-
GATIONS UNDER THIS ARTICLE.
  4. THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED  REGISTRA-
TION  FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS,
THE UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND  LOCAL  LAW
ENFORCEMENT,  AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE.
  5. THE  DIVISION  SHALL  PLACE  THE  STANDARDIZED  REGISTRATION  FORM,
PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
OF  THE  DIVISION,  AND  SUCH  ELECTRONIC STANDARDIZED REGISTRATION FORM
SHALL BE IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO  SUBMIT  A
COMPLETED  COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER SUCH
TERRORIST HAS IN FACT RECEIVED THE NOTICE AS  REQUIRED  BY  SECTION  ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL  ADVERTISE ON ITS WEBSITE THAT ALL TERRORISTS
ADDED TO THE NEW YORK STATE TERRORIST  REGISTRY  SHALL  BE  REQUIRED  TO
REGISTER  UNDER  PENALTY  OF LAW AND THAT THE STANDARD REGISTRATION FORM
NECESSARY TO COMPLETE SUCH REGISTRATION IS AVAILABLE FOR DOWNLOAD ON THE
DIVISION'S WEBSITE.
  7. THE DIVISION SHALL PROMULGATE RULES AND  REGULATIONS  TO  IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 169-G. STANDARDIZED VERIFICATION FORM.  1. THE DIVISION SHALL DEVEL-
OP  A  STANDARDIZED  VERIFICATION  FORM,  PURSUANT  TO  THIS SECTION, TO
COLLECT THE INFORMATION REQUIRED BY SECTION ONE HUNDRED SIXTY-NINE-D  OF
THIS ARTICLE, AND SO THAT THE DIVISION MAY ALSO VERIFY THAT THE INFORMA-
TION SO COLLECTED ON REGISTRANT IS CORRECT.
  2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED VERIFICATION FORM IN A
MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.
  3.  THE  DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED VERIFICATION
FORM WITH THE PURPOSE OF:
  (A) PROVIDING FOR  THE  COLLECTION  OF  THE  INFORMATION  REQUIRED  BY
SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
  (B)  PROVIDING  FOR  THE VERIFICATION OF THE INFORMATION SO COLLECTED;
AND
  (C) ADVISING THE REGISTRANT  OF  HIS  OR  HER  QUARTERLY  VERIFICATION
DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
  4.  THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED VERIFICA-
TION FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,
THE  UNIFIED  COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
DIVISION DEEMS APPROPRIATE.
  5.  THE  DIVISION  SHALL  PLACE  THE  STANDARDIZED  VERIFICATION FORM,
PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
OF THE DIVISION, AND  SUCH  ELECTRONIC  STANDARDIZED  VERIFICATION  FORM
SHALL  BE  IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO SUBMIT A
COMPLETED COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER  SUCH
TERRORIST  HAS  IN  FACT  RECEIVED THE NOTICE AS REQUIRED BY SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  6. THE DIVISION SHALL ADVERTISE ON ITS  WEBSITE  THAT  ALL  TERRORISTS
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY SHALL BE REQUIRED TO MAKE
QUARTERLY  VERIFICATION  UNDER  PENALTY  OF  LAW  AND  THAT THE STANDARD

S. 3464                            11

VERIFICATION FORM NECESSARY TO COMPLETE SUCH REGISTRATION  IS  AVAILABLE
FOR DOWNLOAD ON THE DIVISION'S WEBSITE.
  7.  THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 169-H. INVESTIGATION OF POTENTIAL  REGISTRANTS.  1.    THE  DIVISION
SHALL  MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER TERRORISTS SHALL
BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION  AND  DETERMI-
NATION  THAT  A  TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE DUTY OF  THE  DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR  TO  THE RELEASE OF THE TERRORIST FROM A CORRECTIONAL FACILITY, TO
NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE  OR  DISCHARGE  OF  SUCH
TERRORIST,  INFORMING THE DIVISION IN WRITING, ON A FORM PROVIDED BY THE
DIVISION, WHICH SHALL INDICATE  THE  ADDRESS  AT  WHICH  SUCH  TERRORIST
PROPOSES  TO  RESIDE,  AND IF SUCH TERRORIST CHANGES HIS OR HER PLACE OF
RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF  RESIDENCE
SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS
TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3.  IN THE CASE OF ANY TERRORIST 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.
  4. IN THE EVENT THAT ANY TERRORIST  ESCAPES  FROM  A  STATE  OR  LOCAL
CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFICIAL OF THE FACIL-
ITY  OR  HOSPITAL  WHERE THE TERRORIST WAS CONFINED SHALL NOTIFY, WITHIN
TWENTY-FOUR HOURS, THE DIVISION AND THE LAW  ENFORCEMENT  AGENCY  HAVING
HAD  JURISDICTION  AT  THE TIME OF THE TERRORIST'S CONVICTION, INFORMING
THE DIVISION AND SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIASES  OF
THE TERRORIST, THE ADDRESS AT WHICH THE TERRORIST 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 THE TERRORIST  WAS  SENTENCED,  AND  THE
NATURE  OF  THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
THE SAME TIME A COPY OF SUCH TERRORIST'S  FINGERPRINTS  AND  PHOTOGRAPH,
TOGETHER WITH A SUMMARY OF HIS OR HER CRIMINAL RECORD.
  5. IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS UNDER THIS
SECTION  TO  DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE,  AND  WHETHER,
PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS SHOULD BE
ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
  6. (A) IN CONDUCTING ITS INVESTIGATIONS, PURSUANT TO THIS SECTION,  TO
DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING
EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION SHALL COMMUNI-
CATE WITH THE FOLLOWING STATE ENTITIES:
  (I) THE DEPARTMENT;
  (II) THE DIVISION OF PAROLE;
  (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
  (IV) THE DEPARTMENT OF HEALTH;
  (V) THE DEPARTMENT OF EDUCATION;
  (VI)  THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
COURT SYSTEM;
  (VII) THE DIVISION OF STATE POLICE;
  (VIII) THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES;
AND/OR

S. 3464                            12

  (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
  (B)  IN  FURTHER  CONDUCTING  ITS  INVESTIGATIONS,  PURSUANT  TO  THIS
SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,  WORKING,
OR  ATTENDING  EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
SHALL COMMUNICATE WITH THE FOLLOWING  FEDERAL,  INTERSTATE  OR  INTERNA-
TIONAL ENTITIES:
  (I) THE FEDERAL BUREAU OF PRISONS;
  (II)  THE  UNITED STATES DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
  (III) THE UNITED STATES DEPARTMENT OF STATE;
  (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
  (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
  (VI) THE CENTRAL INTELLIGENCE AGENCY;
  (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
  (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
  (IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE  DIVI-
SION DEEMS APPROPRIATE.
  7. UPON INVESTIGATION IN ACCORDANCE WITH THIS SECTION, IF THE DIVISION
DETERMINES  THAT ANY TERRORIST, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, IS  CURRENTLY,  HAS  BEEN,  OR
WILL  BE  WITHIN  THE  NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR  IS  SCHEDULED  FOR  A
CONDITIONAL  RELEASE OR DISCHARGE IN NEW YORK STATE, OR IS SCHEDULED FOR
A CONDITIONAL RELEASE OR DISCHARGE AND SUCH TERRORIST HAS EVIDENCED  ANY
INTENTION  TO RESIDE IN NEW YORK STATE, THEN THE DIVISION SHALL ADD SUCH
TERRORIST TO THE NEW YORK STATE TERRORIST  REGISTRY,  AND  PROVIDE  SUCH
TERRORIST  WITH  NOTIFICATION  IN  ACCORDANCE  WITH  SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  8. UPON INVESTIGATION IN ACCORDANCE WITH  THIS  SECTION,  AND  UPON  A
FINDING  THAT THE PERSON INVESTIGATED MAY NOT HAVE COMMITTED A TERRORIST
OFFENSE  AS  DEFINED  IN  SUBDIVISION  TWO  OF   SECTION   ONE   HUNDRED
SIXTY-NINE-B  OF  THIS  ARTICLE,  OR  A  VERIFIABLE ACT OF TERRORISM, AS
DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, BUT IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT SUCH  PERSON  NONETHE-
LESS  STILL PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOT-
ING, SUPPORTING AND/OR FACILITATING A TERRORIST ACT AGAINST  THE  PEOPLE
AND/OR  PROPERTY OF THE STATE OF NEW YORK, THEN THE DIVISION MAY MAKE AN
APPLICATION TO A SUPREME COURT, IN ACCORDANCE WITH SECTION  ONE  HUNDRED
SIXTY-NINE-J  OF  THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE
TERRORIST REGISTRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE
DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH  PERSON
WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF
THIS ARTICLE.
  9.  WHERE  A  COURT  OF THE UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A
CERTIFICATION TO ADD A PERSON TO THE NEW YORK STATE TERRORIST  REGISTRY,
IN  ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE,
THEN THE DIVISION SHALL ADD SUCH PERSON TO  THE  REGISTRY,  AND  PROVIDE
SUCH  PERSON  WITH  NOTIFICATION  IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  10. WHERE THE SUPREME COURT IN THE COUNTY WHERE A REGISTRANT  RESIDES,
OR  THE SUPREME COURT OF ALBANY COUNTY WHERE A PERSON DOES NOT RESIDE IN
NEW YORK STATE, ISSUES AN ORDER TO REMOVE A PERSON  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-
NINE-J OF THIS ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON  FROM
THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL

S. 3464                            13

FROM  THE  REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION, AND SUCH
REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS
DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGISTRY.
  S  169-I. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO  THE  PROVISIONS
OF  THIS  SECTION,  SHALL  CONDUCT  INVESTIGATIONS,  IN  ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-H OF  THIS  ARTICLE,  TO  DETERMINE  WHAT
TERRORISTS  SHALL  BE  INITIALLY  ADDED  TO  THE REGISTRY, AND UPON SUCH
INVESTIGATIONS AND DETERMINATIONS, SHALL  ADD  SUCH  TERRORISTS  TO  THE
REGISTRY,  AND  SHALL  THEREAFTER  NOTIFY  SUCH  TERRORISTS  PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  S 169-J. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
OFFENSES  SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, THE
COURT SHALL CERTIFY THAT THE PERSON IS A TERRORIST,  AND  SHALL  INCLUDE
THE  CERTIFICATION  IN  THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF
CONVICTION, AND SHALL ADDITIONALLY  DIRECT  THE  DIVISION  TO  ADD  SUCH
PERSON, SO CONVICTED, TO THE NEW YORK STATE TERRORIST REGISTRY.
  2.  IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-
NINE-H OF THIS ARTICLE, THE DIVISION, AFTER INVESTIGATION, MAY  PETITION
THE  SUPREME  COURT,  ON  NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE
INVESTIGATION BY MAILING A COPY  OF  THE  PETITION  TO  THE  LAST  KNOWN
ADDRESS  OF  SUCH  PERSON, FOR A CERTIFICATION, THAT SUCH PERSON THAT IS
THE SUBJECT OF SUCH INVESTIGATION, IN THE  JOINT  DETERMINATION  OF  THE
DIVISION  AND  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORT-
ING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR  PROP-
ERTY  OF  THE  STATE  OF  NEW  YORK,  AND THAT A CERTIFICATION SHOULD BE
ISSUED, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND
IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH
PERSON TO THE REGISTRY, AND PROVIDE SUCH  PERSON  WITH  NOTIFICATION  IN
ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT
THE DIVISION MAY APPEAL ANY DECISION WHERE THE COURT DENIES THE  CERTIF-
ICATION AND DIRECTS THE DIVISION NOT TO ADD SUCH PERSON TO THE REGISTRY.
  3.  ANY  PERSON  ADDED BY THE DIVISION TO THE NEW YORK STATE TERRORIST
REGISTRY MAY SEEK AN ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH
REGISTRANT RESIDES, OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH
REGISTRANT DOES NOT RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR  NAME
AND INFORMATION REMOVED FROM THE REGISTRY, AS FOLLOWS:
  (A) THAT TO ISSUE AN ORDER TO REMOVE THE REGISTRANT AND THEIR INFORMA-
TION  FROM  THE  NEW  YORK STATE TERRORIST REGISTRY, THE COURT MUST FIND
CONSIDERABLE GROUNDS THAT:
  (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
  (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
  (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY AND CAPRICIOUS MANNER, AND/OR FAILED TO COMPLY WITH  THE
PROVISIONS OF THIS ARTICLE; AND
  (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE;
  (B) THAT WHERE THE SUPREME COURT ISSUES SUCH AN ORDER PURSUANT TO THIS
SUBDIVISION  TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGIS-
TRY, THE DIVISION SHALL  REMOVE  SUCH  PERSON  FROM  THE  REGISTRY,  AND
PROVIDE  SUCH  PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE REGIS-
TRY, BUT THE DIVISION MAY APPEAL SUCH DECISION; AND

S. 3464                            14

  (C) WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A PERSON'S NAME  AND
INFORMATION  FROM  THE  NEW  YORK STATE TERRORIST REGISTRY, SUCH REMOVAL
SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED
IN FAVOR OF THE PERSON SEEKING REMOVAL.
  4. IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT, THEN
THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES UNDER THIS ARTI-
CLE,  BUT IN THE EVENT OF HIS OR HER ABSENCE FROM COURT, THE COURT SHALL
DIRECT THE DIVISION TO MAIL SUCH TERRORIST A WRITTEN COPY OF AN EXPLANA-
TION OF SUCH DUTIES IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  5.  FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR
THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERRORIST  OF  THE  OBLI-
GATIONS  IMPOSED  BY THIS ARTICLE, NOR PROHIBIT THE DIVISION FROM ADDING
SUCH PERSON TO THE REGISTRY IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
ARTICLE.
  6.  ANY  PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
BE  INFORMED  OF  HIS  OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE
COURT IN WHICH HE OR SHE WAS CONVICTED, AND  AT  THE  TIME  SENTENCE  IS
IMPOSED,  SUCH  TERRORIST SHALL REGISTER WITH THE DIVISION ON THE STAND-
ARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORDANCE  WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
  (A)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
  (B) THE COURT SHALL GIVE ONE COPY OF THE COMPLETED STANDARDIZED REGIS-
TRATION  FORM  TO  THE  TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRANS-
MISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH SHALL ADD  SUCH
PERSON  TO THE REGISTRY AND FORWARD THE INFORMATION COLLECTED TO THE LAW
ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ACCORDANCE WITH THIS  ARTI-
CLE;
  (C)  WITHIN  FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARD-
IZED REGISTRATION FORM TO THE COURT, THE PERSON CERTIFIED AS A TERRORIST
SHALL PRESENT THEMSELVES TO THE LAW ENFORCEMENT AGENCIES  HAVING  JURIS-
DICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH AND A DNA TEST; AND
  (D)  FROM  SUCH  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD, THE ADDRESS WHERE THE TERRORIST EXPECTS  TO
RESIDE UPON HIS OR HER RELEASE.
  7.  ANY  PERSON  WHO  A COURT CERTIFIES AS A REGISTRANT, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED FORM  PREPARED  BY  THE  DIVISION  IN  ACCORDANCE  WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
  (A)  WITHIN TEN DAYS OF THE CERTIFICATION, THE DIVISION SHALL TRANSMIT
BY MAIL TO THE TERRORIST, AT HIS OR HER LAST KNOWN ADDRESS,  THE  STAND-
ARDIZED  REGISTRATION  FORM  PREPARED BY THE DIVISION IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY-NINE-F OF  THIS  ARTICLE,  TOGETHER  WITH  THE
REQUIRED  NOTICE  TO THE TERRORIST OF HIS OR HER DUTIES UNDER THIS ARTI-
CLE, WITH DIRECTIONS THAT THE  TERRORIST  MUST  READ  AND  COMPLETE  THE
STANDARDIZED REGISTRATION FORM, AND SIGN THE SAME;
  (B) WITHIN THIRTY DAYS OF THE CERTIFICATION, THE PERSON CERTIFIED AS A
TERRORIST,  SHALL  RETURN THEIR SIGNED, COMPLETED STANDARDIZED REGISTRA-
TION FORM BACK TO THE DIVISION, AND UPON RECEIPT OF THE SAME, THE  DIVI-
SION  SHALL  MAIL  A COPY OF THE SAME BACK TO THE TERRORIST, AND FORWARD
THE INFORMATION CONTAINED WITHIN SUCH COMPLETED  STANDARDIZED  REGISTRA-

S. 3464                            15

TION  FORM  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE; AND
  (C)  WITHIN  FIFTEEN DAYS OF THE RECEIPT OF THE STANDARDIZED REGISTRA-
TION FORM, THE REGISTRANT SHALL PRESENT THEMSELVES TO THE  LAW  ENFORCE-
MENT  AGENCIES  HAVING JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH,
FINGERPRINTING AND A DNA TEST, AND INCLUDED WITH THE STANDARDIZED REGIS-
TRATION FORM PREPARED BY THE DIVISION IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED  SIXTY-NINE-F  OF  THIS  ARTICLE,  THE DIVISION, PURSUANT TO THE
PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, SHALL BE
A NOTICE TO THE REGISTRANT, OF WHEN AND WHERE TO PRESENT  THEMSELVES  TO
THE  LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ORDER TO SUBMIT TO
A PHOTOGRAPH, FINGERPRINTING AND A DNA TEST.
  S 169-K. DISCHARGE OF A TERRORIST FROM CORRECTIONAL  FACILITY;  DUTIES
OF OFFICIAL IN CHARGE.
  1. UPON NOTICE TO THE DEPARTMENT BY THE DIVISION, ANY TERRORIST, 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, NOT LESS THAN 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, BUT FAILURE OF  THE  DIVISION  OR  THE
DEPARTMENT  TO  PROVIDE,  OR  FAILURE  OF THE TERRORIST TO RECEIVE, SUCH
NOTICE SHALL NOT RELIEVE THE TERRORIST  OF  ANY  OBLIGATION  UNDER  THIS
ARTICLE.
  2.  THE  FACILITY  SHALL  PRESENT  THE TERRORIST WITH, AND REQUIRE THE
TERRORIST TO READ AND SIGN THE STANDARDIZED REGISTRATION FORM,  PRODUCED
BY  THE  DIVISION  PURSUANT  TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS
ARTICLE, WHICH FORM SHALL, PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-F
OF  THIS  ARTICLE, PROVIDE A WRITTEN EXPLANATION OF THE TERRORIST'S DUTY
TO REGISTER AS WELL AS AN ACKNOWLEDGMENT THAT THE PROCEDURE  FOR  REGIS-
TRATION  HAS BEEN PROVIDED TO HIM OR HER, AND THE FACILITY SHALL FURTHER
DIRECT SUCH TERRORIST TO  COMPLETE  THE  REGISTRATION  PORTION  OF  SUCH
STANDARDIZED REGISTRATION FORM.
  3.  THE FACILITY SHALL OBTAIN FROM SUCH STANDARDIZED REGISTRATION FORM
THE ADDRESS WHERE THE REGISTRANT EXPECTS  TO  RESIDE  UPON  HIS  OR  HER
DISCHARGE, PAROLE OR RELEASE, AND SHALL MAINTAIN SUCH FOR ITS RECORDS.
  4.  THE  FACILITY  SHALL  GIVE  ONE COPY OF THE COMPLETED STANDARDIZED
REGISTRATION FORM TO THE TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRAN-
SMISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH IF IT HAS  NOT
ALREADY,  SHALL ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY
AND FORWARD THE INFORMATION COLLECTED TO THE  LAW  ENFORCEMENT  AGENCIES
HAVING JURISDICTION, IN ACCORDANCE WITH THIS ARTICLE.
  5. WITHIN FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARDIZED
REGISTRATION  FORM  TO  THE  FACILITY,  OR  WITHIN  FIFTEEN  DAYS OF THE
DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR  RELEASE  FROM
ANY  STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE
THE TERRORIST WAS CONFINED OR COMMITTED, WHICHEVER IS LATER, THE TERROR-
IST SHALL PRESENT THEMSELVES TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING
JURISDICTION,  IN  ORDER  TO  SUBMIT TO A PHOTOGRAPH AND A DNA TEST, AND
INCLUDED WITH THE STANDARDIZED REGISTRATION FORM PREPARED BY  THE  DIVI-
SION  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTI-
CLE, THE DIVISION, PURSUANT TO THE PROVISIONS  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-E  OF  THIS  ARTICLE, SHALL BE A NOTICE TO THE REGISTRANT, OF
WHEN AND WHERE TO PRESENT THEMSELVES TO  THE  LAW  ENFORCEMENT  AGENCIES
HAVING  JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH, FINGERPRINTING
AND A DNA TEST.

S. 3464                            16

  6. AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE  DIVISION
MAY  REQUEST,  AND THE DEPARTMENT SHALL THEN IMMEDIATELY TRANSMIT TO THE
DIVISION, ALL THE CONVICTION DATA AND FINGERPRINTS OF THE TERRORIST.
  7.  UPON RECEIPT OF THE CONVICTION DATA AND FINGERPRINTS IN ACCORDANCE
WITH SUBDIVISION SIX OF THIS SECTION,  THE  DIVISION  SHALL  IMMEDIATELY
TRANSMIT  SUCH CONVICTION DATA AND FINGERPRINTS TO THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES, THE  FEDERAL  BUREAU  OF  INVESTI-
GATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
  S  169-L.  REGISTRATION  AND VERIFICATION OF TERRORISTS. 1. ANY PERSON
ADDED TO THE NEW YORK STATE  TERRORIST  REGISTRY  BY  THE  DIVISION,  IN
ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL
BE REQUIRED, AND HAVE THE DUTY TO REGISTER AND VERIFY, AND  PROVIDE  THE
REQUIRED REGISTRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE.
  2. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
DIVISION, SHALL BE REQUIRED, AND SHALL HAVE THE INITIAL DUTY TO:
  (A) REGISTER UNDER THIS ARTICLE;
  (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD REGISTRA-
TION FORM, CONTAINING  ALL  THE  REQUIRED  REGISTRATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
  (C)  APPEAR  TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCEMENT
AGENCY HAVING JURISDICTION;
  (D) APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION;
  (E)  APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION; AND
  (F) PROVIDE THE DIVISION  WITH  ANY  OTHER  AND  FURTHER  REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
  3. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
DIVISION,  SHALL FURTHER BE REQUIRED, AND SHALL HAVE THE CONTINUING DUTY
TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD  VERIFICA-
TION  FORM,  CONTAINING  ALL  THE  REQUIRED  VERIFICATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
  (C) APPEAR TO, AND BE ANNUALLY  PHOTOGRAPHED  BY,  THE  SPECIFIED  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. THE DUTY TO REGISTER AND/OR VERIFY UNDER  THE  PROVISIONS  OF  THIS
ARTICLE  SHALL  NOT  BE  APPLICABLE  TO  ANY PERSON WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR FOR THE OFFENSE
WHICH WAS THE REASON THE DIVISION ADDED SUCH  PERSON  TO  THE  NEW  YORK
STATE TERRORIST REGISTRY.
  5.  ANY  TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY, WHO
IS A RESIDENT OF NEW YORK STATE,  SHALL  REGISTER  HIS  OR  HER  CURRENT
ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL
INSTITUTION ATTENDED WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF
ANY  CHANGE  OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  6. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST  REGISTRY,  WHO
IS  NOT  A  RESIDENT  OF NEW YORK STATE, BUT WHO IS EMPLOYED IN NEW YORK
STATE OR WHO ATTENDS AN EDUCATIONAL INSTITUTION IN NEW YORK STATE, SHALL
REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR HER  PLACE
OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION, AND
SHALL  NOTIFY  THE  DIVISION  OF  ANY CHANGE OF RESIDENCE, EMPLOYMENT OR

S. 3464                            17

EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH  THE  PROVISIONS  OF
THIS ARTICLE.
  S  169-M.  PRIOR  CONVICTIONS;  DUTY  TO  INFORM  AND REGISTER. 1. THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
DETERMINE  THE  DURATION  OF  REGISTRATION  AND  NOTIFICATION  FOR EVERY
TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN ON  COMMU-
NITY SUPERVISION OR PROBATION.
  2. EVERY TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN
ON  COMMUNITY  SUPERVISION  OR  PROBATION,  WHO IS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-H OF THIS ARTICLE, SHALL WITHIN FIFTEEN DAYS OF SUCH DETERMI-
NATION BY THE  DIVISION,  REGISTER,  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-NINE-L  OF THIS ARTICLE, WITH HIS OR HER PAROLE OR PROBATION OFFI-
CER.
  3. ON THE THREE MONTH ANNIVERSARY OF THE TERRORIST'S INITIAL REGISTRA-
TION DATE, AND ON EVERY THREE MONTHS  THEREAFTER,  THE  TERRORIST  SHALL
FURTHER PROVIDE VERIFICATION AS REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-L OF THIS ARTICLE.
  4.  ANY  REGISTRANT 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  TERRORIST  WHO FAILS OR REFUSES TO REGISTER
AND/OR VERIFY AS REQUIRED, AND SHALL BE SUBJECT  TO  THE  PROVISIONS  OF
SECTION  ONE  HUNDRED SIXTY-NINE-W OF THIS ARTICLE AND SECTION 490.23 OF
THE PENAL LAW.
  5. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER  SUCH  TERRORIST  ACCORDING TO THE REQUIREMENTS IMPOSED BY
THIS ARTICLE.
  6. UPON REGISTRATION, A PAROLE OR PROBATION  OFFICER  SHALL  GIVE  ONE
COPY  OF  THE STANDARDIZED REGISTRATION FORM TO THE TERRORIST AND SHALL,
WITHIN THREE CALENDAR DAYS, SEND ONE  COPY  TO  THE  DIVISION,  AND  TWO
COPIES  EITHER  ELECTRONICALLY OR OTHERWISE TO THE DEPARTMENT, WHEREUPON
THE DEPARTMENT SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE  TERRORIST  RESIDES
UPON  HIS  OR HER COMMUNITY SUPERVISION, PROBATION, OR LOCAL CONDITIONAL
RELEASE.
  S 169-N. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION  AND  VERIFICATION  FOR  A TERRORIST SHALL BE QUARTERLY FOR
LIFE.
  S 169-O. NOTIFICATION OF CHANGE OF  ADDRESS.  1.  UPON  RECEIPT  OF  A
CHANGE  OF  ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTI-
CLE, 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 TERRORIST LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL 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 TERRORIST CHANGES RESIDENCE TO ANOTHER
STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW  PLACE
OF RESIDENCE.
  S  169-P.  REGISTRY  INFORMATION SHARING. 1. THE DIVISION, PURSUANT TO
THIS SECTION, IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGIS-
TRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION  OF
HOMELAND  SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE,
THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE UNITED STATES
DEPARTMENT  OF  HOMELAND  SECURITY,  THE  UNITED  STATES  DEPARTMENT  OF
JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF THE DIREC-

S. 3464                            18

TOR  OF  NATIONAL  INTELLIGENCE, ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE.
  2.  THE  DIVISION,  PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO
SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF ITS  INFORMATION
CONTAINED  THEREIN, WITH STATE, REGIONAL OR NATIONAL REGISTRY OF TERROR-
ISTS, INCLUDING BUT NOT LIMITED TO,  THE  TERRORIST  SCREENING  DATABASE
MAINTAINED  BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED  BY  ANY
LOCAL,  STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT ENTITIES,
AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE  OR  TERRORIST
DATABASE  THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
THIS ARTICLE.
  3. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE  DIVISION  OF
STATE POLICE, THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPART-
MENT  OF  JUSTICE,  THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE, ANY LOCAL,  STATE,  NATIONAL  AND
INTERNATIONAL  LAW  ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE
DIVISION DEEMS APPROPRIATE, ANY AND ALL INFORMATION  THAT  THE  DIVISION
DEEMS  WILL ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION  REGARDING  SECURE  INFORMATION,
MAKE   SUCH   INFORMATION  AVAILABLE  WHEN  REQUESTED  PURSUANT  TO  THE
PROVISIONS OF THIS ARTICLE.
  4. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM ANY
STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS,  INCLUDING  BUT  NOT
LIMITED  TO,  THE TERRORIST SCREENING DATABASE MAINTAINED BY THE FEDERAL
BUREAU OF INVESTIGATION'S TERRORIST SCREENING CENTER, AND/OR ANY AND ALL
OTHER DATABASES MAINTAINED BY THE DIVISION OF THE STATE  POLICE,  AND/OR
ANY AND ALL OTHER DATABASES MAINTAINED BY ANY LOCAL, STATE, NATIONAL AND
INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,  AND/OR ANY OTHER ENTITY THAT
MAINTAINS A CRIMINAL JUSTICE OR TERRORIST  DATABASE  THAT  THE  DIVISION
DEEMS  APPROPRIATE, ANY AND ALL INFORMATION THAT THE DIVISION DEEMS WILL
ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSISTENT WITH  THE
PROVISIONS  OF  THIS  SECTION  REGARDING  SECURE  INFORMATION, MAKE SUCH
INFORMATION AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF  THIS
ARTICLE.
  5.  THE  DIVISION,  PURSUANT TO THIS SECTION, IN CONSULTATION WITH THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF
STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED  ON  THE  REGISTRY,
AND SHALL DETERMINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION
CONTAINED  ON  THE  REGISTRY  MAY CAUSE A SECURITY RISK TO THE PEOPLE OR
PROPERTY OF THE STATE OF NEW YORK.
  6. UPON THE REVIEW MADE IN ACCORDANCE WITH SUBDIVISION  FIVE  OF  THIS
SECTION,  AND  A  DETERMINATION  THAT PARTICULAR INFORMATION NEEDS TO BE
DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH  SECURE  INFORMATION  FROM
PUBLIC  ACCESSIBILITY,  INCLUDING  EXEMPTING  SUCH  INFORMATION FROM THE
REQUIREMENTS OF THE POSTING  ON  THE  DIVISION'S  WEBSITE,  PURSUANT  TO
SECTION  ONE  HUNDRED  SIXTY-NINE-T  OF  THIS ARTICLE, OR PROVIDING SUCH
THROUGH THE SPECIAL TELEPHONE NUMBER  IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED SIXTY-NINE-S OF THIS ARTICLE.
  7. ANY INFORMATION DEEMED SECURE PURSUANT TO THIS SECTION SHALL NOT BE
SUBJECT  TO  THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.

S. 3464                            19

  8. IN NO EVENT SHALL A DETERMINATION THAT PARTICULAR INFORMATION SHALL
BE DEEMED SECURE, PURSUANT TO THIS SECTION, PREVENT  THE  DIVISION  FROM
SHARING  SUCH SECURE INFORMATION WITH ANY ENTITY IDENTIFIED FOR REGISTRY
INFORMATION SHARING PURSUANT TO THIS SECTION.
  S  169-Q.  DNA  AND FINGERPRINT CUSTODY AND ANALYSIS. 1. THE DIVISION,
PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL  TRANS-
FER  OF  THE DNA SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION TO  THE  LABORATORY  MAINTAINED  BY  THE
DIVISION  OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY
AS CONTRACTED WITH BY THE DIVISION, FOR THE  PRESERVATION,  STORAGE  AND
ANALYSIS OF SUCH DNA SAMPLE.
  2. THE DIVISION SHALL FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTO-
DIAL TRANSFER OF THE DNA SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM,
TO  THE  STATE  DNA IDENTIFICATION INDEX, MAINTAINED PURSUANT TO SECTION
NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  3. THE DIVISION, PURSUANT TO THIS SECTION, SHALL ALSO PROVIDE FOR  THE
SECURE,  CUSTODIAL  TRANSFER  OF  THE  FINGERPRINTS  COLLECTED  FROM THE
TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  TO  THE
LABORATORY  MAINTAINED BY THE DIVISION OF STATE POLICE, AND/OR ANY OTHER
APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE DIVISION,
FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGERPRINTS.
  S 169-R. REGISTRY AND VERIFICATION FEES. 1. THE DIVISION, PURSUANT  TO
THIS SECTION, SHALL:
  (A)  CHARGE  A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
  (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A  TERRORIST  REGISTERS  ANY
CHANGE OF ADDRESS; AND
  (C)  CHARGE  A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  TO  PROVIDE  AN  UPDATED
ANNUAL PHOTOGRAPH.
  2.  ALL  FEES  CHARGED, PURSUANT TO THIS SECTION, SHALL BE PAID TO THE
DIVISION BY THE TERRORIST, AT THE TIME  AND  MANNER  PRESCRIBED  BY  THE
DIVISION.
  3.  THE  STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT ANY AND ALL
FEES COLLECTED PURSUANT TO THIS SECTION INTO THE GENERAL FUND.
  S 169-S. SPECIAL TELEPHONE NUMBER. 1. THE  DIVISION  SHALL  OPERATE  A
TELEPHONE  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND
INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST REGISTRY.
  2. THE DIVISION SHALL ASCERTAIN  WHETHER  A  NAMED  PERSON  REASONABLY
APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELE-
VANT INFORMATION.
  3. THE DIVISION SHALL  DECIDE  WHETHER  THE  NAMED  PERSON  REASONABLY
APPEARS  TO BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY,
BASED UPON INFORMATION FROM THE CALLER PROVIDING INFORMATION THAT  SHALL
INCLUDE ANY THREE OF THE FOLLOWING:
  (A)  AN  EXACT  STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
  (B) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (C) THE BIRTH DATE OF THE TERRORIST;
  (D)  THE  SOCIAL  SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
  (E) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (F) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
  (G) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST; AND/OR

S. 3464                            20

  (H) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
  4.  THAT UPON ASCERTAINING THAT THE NAMED PERSON REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY, BASED  UPON
INFORMATION  FROM  THE  CALLER  PROVIDING INFORMATION IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION, THE DIVISION SHALL PROVIDE THE CALLER
WITH THE FOLLOWING INFORMATION:
  (A) THE NAME OF THE TERRORIST;
  (B) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF  THE
TERRORIST;
  (C)  THE  MOST  RECENT  PHOTOGRAPH  OF  THE TERRORIST TAKEN BY THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (F) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (G)  BACKGROUND  INFORMATION  ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
  5. WHEN THE SPECIAL TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE
PLAYED BY THE DIVISION, WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
  (A) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (B)  THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
  (C) THAT THE CALLER SHALL  BE  REQUIRED  TO  PROVIDE  THEIR  NAME  AND
ADDRESS  TO  THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
  (D) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS  OF
AGE;
  (E)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
  (F)  THAT  THE  CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN SUBDIVISION THREE OF THIS  SECTION  REGARDING
THE  PERSON ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSI-
TIVE IDENTIFICATION OF THAT PERSON;
  (G) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND  THAT
ANY  SUSPECTED  CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO THE
LOCAL, STATE OR FEDERAL AUTHORITIES; AND
  (H) THAT AN INFORMATION PACKAGE WHICH WILL INCLUDE  A  DESCRIPTION  OF
THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY IS AVAILABLE
UPON REQUEST FROM THE DIVISION.
  6.  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
SPECIAL 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, AND THE FOREGOING
REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCEDURES  THAT
MAY  BE  AVAILABLE  TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW,
AND 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.

S. 3464                            21

  7. THE DIVISION SHALL ON OR BEFORE SEPTEMBER FIRST IN EACH YEAR FILE A
REPORT  WITH  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE SENATE STANDING  COMMIT-
TEE  ON  VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR
OF  THE  ASSEMBLY  STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, ON THE
OPERATION OF THE TELEPHONE NUMBER, AND SUCH 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 RESULTED IN AN AFFIRMATIVE RESPONSE AND
THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED; AND
  (D)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON THE ABOVE OR ANY OTHER SELECTED FACTORS  THE  DIVISION  SHALL  DEEM
RELEVANT.
  8.  THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 169-T. INTERNET DIRECTORY. 1. THE DIVISION SHALL MAINTAIN AN  INTER-
NET DIRECTORY OF TERRORISTS, WHICH SHALL INCLUDE FOR EACH TERRORIST:
  (A) THE NAME OF THE TERRORIST;
  (B)  THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (C) THE MOST RECENT PHOTOGRAPH OF  THE  TERRORIST  TAKEN  BY  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (F)  IF  THE  TERRORIST  BE A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (G) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND  EVERY
TERRORIST  INCIDENT  INVOLVING  THE  TERRORIST, THE TERRORIST'S CRIME OF
CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS  OF  OPERATION,  AND  ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
  2. THE INTERNET DIRECTORY SHALL HAVE TERRORIST LISTINGS CATEGORIZED BY
COUNTY AND ZIP CODE.
  3.  THE INTERNET DIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE
INTERNET VIA THE DIVISION HOMEPAGE.
  4. ANY PERSON MAY APPLY TO THE DIVISION TO  RECEIVE  AUTOMATED  E-MAIL
NOTIFICATIONS  WHENEVER  A NEW OR UPDATED REGISTRATION OCCURS ON THE NEW
YORK STATE TERRORIST REGISTRY, IN THE GEOGRAPHIC AREA SPECIFIED BY  SUCH
PERSON,  BUT  UNLESS  THE APPLICANT IS AN EMPLOYEE OR ENTITY OF A STATE,
LOCAL OR FEDERAL GOVERNMENT, ACTING IN  THEIR  OFFICIAL  CAPACITY,  SUCH
E-MAIL  NOTIFICATIONS  SHALL  BE  LIMITED  TO THREE GEOGRAPHIC AREAS PER
E-MAIL ACCOUNT.
  5. THE DIVISION SHALL NOT CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY
NOR FOR THE RECEIPT OF E-MAIL NOTIFICATIONS.
  6.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS.
  7. THE DIVISION SHALL PROMULGATE RULES AND  REGULATIONS  TO  IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S  169-U. 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

S. 3464                            22

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 STATE, LOCAL AND/OR FEDERAL
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  169-V.  ANNUAL  REPORT.  THE  DIVISION SHALL ON OR BEFORE SEPTEMBER
FIRST IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF  THE
SENATE  STANDING  COMMITTEE  ON VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS, AND THE CHAIR OF THE ASSEMBLY  STANDING  COMMITTEE  ON  GOVERN-
MENTAL  OPERATIONS,  DETAILING  THE  NEW  YORK  STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
THIS ARTICLE.
  S  169-W.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION,  PURSUANT  TO
THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW. ANY
SUCH FAILURE TO REGISTER OR  TO  PROVIDE  INFORMATION,  OR  SUPPLEMENTAL
INFORMATION,  OR  VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
  S 169-X. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 169-Y. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 5. The penal law is amended by adding a new section 490.23  to  read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
           REGISTRY.
  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY, WHEN HE OR SHE  IS  REQUIRED  TO  REGISTER  OR
VERIFY  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW,  AND  FAILS  TO  REGISTER  AS  REQUIRED
PURSUANT  TO  ARTICLE  SIX-D  OF THE CORRECTION LAW, OR FAILS TO PROVIDE
REQUIRED INFORMATION, OR SUPPLEMENTAL INFORMATION,  OR  VERIFICATION  AS
REQUIRED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
  FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A FELONY.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S3464A - Bill Details

See Assembly Version of this Bill:
A6129C
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §§719 & 233, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L

S3464A - Bill Texts

view summary

Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.

view sponsor memo
BILL NUMBER:S3464A

TITLE OF BILL:

An act to amend the executive law, the correction law and the penal
law, in relation to the establishment of the New York state terrorist
registry

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the executive law, the correction law and the
penal law, to the establish the New York State Terrorist Registry.

SUMMARY OF SPECIFIC PROVISIONS:

Summary of Provisions:

This bill would:

*Create a new section 719 of the executive law to provide for sharing
of the terrorist registry information between the Division of Criminal
Justice Services - DCJS (the keeper of the registry) and the Division
of Homeland Security and Emergency Services - DHSES;

*Create a new section 232 of the executive law to provide for sharing
of the terrorist registry information between DCJS and the Division of
State Police;

*Create a new Article 6-D of the correction law to establish a New
York State Terrorist Registry for Terrorists who live, work or attend
an educational institution in New York State, based upon the model of
Registration of Sex Offenders (Megan's Law - Article 6-C of the
correction law); and

*Create a new section 490.23 of the penal law, to establish the new
crime of failing to register or provide verification information for
the New York State Terrorist Registry.

Purpose of the Bill:

Pursuant to the legislative intent of the bill, the purpose would of
this act would be:

"to monitor those individuals, who have demonstrated through their
past actions, that they would commit an act of terrorism, so that
through such monitoring, such persons will be discouraged and/or
prevented from committing any new acts of terrorism, against the
people and property of the state of New York."

Terrorist Registry:

Specifically, the terrorist registry established pursuant to the new
article 6-D, created by this bill would add 23 new sections to the
correction law, in a very similar legal construct to Megan's law.
Such registry would:

*Register Terrorists:


-Convicted of a state or federal crime of terrorism, or

-Who have committed a "Verifiable Act of Terrorism" causing the
federal government to take concordant responsive action;

*Contain Information on Terrorists who live, work or attend school in
New York State, including:

-Personal-biographical information;

-Forensic information (DNA, fingerprints and annual photograph);

-Incident information (on the terrorist's past acts);

-Employment information (which also includes educational information
for students); and

-Verification information;

*Be assembled and maintained by DCJS, in cooperation with other
government agencies;

*Have non confidential information available to the public via a DCJS
website and phone number;

*Have confidential information available to government certain
agencies, such as the state police, FBI, DHSES and United States
Department of Homeland Security; and

*Would be financed by fees collected from registrants.

Operation of the Registry:

This bill would require DCJS to assemble and maintain the New York
State Terrorist Registry. Pursuant to its terms:

*DCJS would be required to work with other state and federal agencies
to assemble a list of persons ("terrorists") who have ever committed a
state or federal crime of terrorism, or who have ever committed a
"Verifiable Act of Terrorism" that caused the federal government to
obtain a conviction or concordant administrative determination, and
investigate and determine which of such terrorists are, or will be,
residing, working or attending an educational institution in New York;

*DCJS would be further required to add such terrorists to the New York
State Terrorist Registry, and send such persons a standardized
registration packet, that DCJS must produce, which notifies the
terrorist of their obligation to register and verify, and provides for
the collection of all the necessary registry information;

*Upon being added to the registry, the terrorist would be required to
complete and sign the standardized registration form, and appear
either before their confinement entity (such as the Department of
Corrections) or if they are not incarcerated, before the law
enforcement agency having jurisdiction (such as their local police
department) to submit to a photograph, fingerprinting and DNA test;
and


*DCJS would be additionally required to review the information
gathered on the terrorist, and in consultation with DHSES and the
state police, determine what of such information should be kept
confidential for security reasons, and then provide for the public
accessibility of such non confidential information (as enumerated by
the bill) by means of a posting of the registry on the DCJS website
and by means of a public caller telephone service, with all
information deemed secure not being disclosed.

Judicial Review:

Any terrorist who wishes to have their name removed from the registry
can make an application before the supreme court of the county of
residence, or if they are not a resident of New York, before the
supreme court of the county of Albany.

Failure to Register and/or Verify:

Any person who fails to register, provide the necessary registration
information to DCJS, or fails to provide the necessary verification
information to DCJS would be guilty of a violation of § 490.23 of the
penal law, which would be a class A-I felony.

Justification:

This bill would require terrorists convicted of a state or federal
crime of terrorism, or who have committed a "Verifiable Act of
Terrorism" causing the federal government to take concordant,
responsive action, to register with the Division of Criminal Justice
Services, and have their non confidential information made publically
available.

Based upon the highly successful construct of New York's Sexual
Offender Registration Act (Megan's Law) this bill seeks to monitor
those individuals, who have demonstrated through their past actions,
that they would commit an act of terrorism, so that through such
monitoring, such persons will be discouraged and/or prevented from
committing any new acts of terrorism, against the people and property
of the state of New York.

Any effective government program to combat terrorism must require
prevention, response and recovery. None of these elements is more
important than prevention. The same proven strategy of registering
convicted sexual predators to protect children can be equally applied
to register convicted terrorists to protect all the people of the
state.

Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria
(ISIS) have demonstrated their relentless, ferocious brutality over
and over again. They have repeatedly stated that they wish to see
continued terrorist attacks in America and New York State. This bill
would respond to New York State's first obligation as a government, to
provide public protection for its citizens, and to do such in a manner
that maintains essential freedoms and civil liberties of all people.

Persons would be added to the New York State Terrorist Registry only
after their past conduct resulted in a conviction for crime of


terrorism or a federal action taken against them for committing a
verifiable act of terrorism. Registrants can petition to the supreme
court to have their name removed if such court finds that
circumstances so justify the removal. The registration and
verification is neither over-burdensome nor complex.

Like the proven effectiveness of Megan's law, this bill would provide
state and federal authorities with a powerful new tool to prevent
future terrorist attacks, as well as provide terrorists with a serious
disincentive to commit another act of terrorism within New York State.

PRIOR LEGISLATIVE HISTORY:

This is a new bill

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the first of November next succeeding
the date on which it shall have become law.

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

                                 3464--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced by Sens. CROCI, ADDABBO, FELDER, AMEDORE, BOYLE, DeFRANCISCO,
  FARLEY,  FLANAGAN,  FUNKE,  GRIFFO,  LARKIN,  LAVALLE, LIBOUS, LITTLE,
  MARCELLINO,  MARCHIONE,  MARTINS,  MURPHY,  NOZZOLIO,  O'MARA,   ORTT,
  RANZENHOFER,  ROBACH, SERINO, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Veterans,  Home-
  land  Security  and  Military  Affairs -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, the correction law and the penal law,
  in  relation  to  the  establishment  of  the New York state terrorist
  registry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state terrorist registry act".
  S 2. The executive law is amended by adding a new section 719 to  read
as follows:
  S  719.  TERRORIST REGISTRY INFORMATION SHARING. 1.  UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY  AND  EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
  2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL  INFORMATION  NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09044-05-5

S. 3464--A                          2

  3. THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  SHALL
PROVIDE  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES WITH ANY AND ALL
INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE,  IN
ORDER  TO  MAINTAIN  AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
  S  3. The executive law is amended by adding a new section 232 to read
as follows:
  S 232.  TERRORIST REGISTRY INFORMATION SHARING. 1. UPON  REQUEST,  THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION  OF  STATE  POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
  2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
  3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
REQUEST.
  S 4. The correction law is amended by adding a new article 6-D to read
as follows:

                               ARTICLE 6-D
                           TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
        169-B. DEFINITIONS.
        169-C. DUTIES OF THE DIVISION.
        169-D. REGISTRATION INFORMATION.
        169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
              VERIFICATION FORMS.
        169-F. INVESTIGATION OF POTENTIAL REGISTRANTS.
        169-G. INITIAL ASSEMBLY OF THE REGISTRY.
        169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
        169-I. DUTIES OF THE COURT.
        169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
              DISCHARGE OF A TERRORIST.
        169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
                 PROBATION.
        169-L. DURATION OF REGISTRATION AND VERIFICATION.
        169-M. NOTIFICATION OF CHANGE OF ADDRESS.
        169-N. REGISTRY INFORMATION SHARING.
        169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
        169-P. REGISTRY AND VERIFICATION FEES.
        169-Q. SPECIAL TELEPHONE NUMBER.
        169-R. INTERNET DIRECTORY.
        169-S. IMMUNITY FROM LIABILITY.
        169-T. ANNUAL REPORT.
        169-U. PENALTY.

S. 3464--A                          3

        169-V. UNAUTHORIZED RELEASE OF INFORMATION.
        169-W. SEPARABILITY.
  S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
  THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE  A
PROGRAM  TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR  AS
AN  IRREPLACEABLE,  FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE  DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE  LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY  THIS  ARTICLE,  IS  TO
MONITOR  THOSE  INDIVIDUALS,  WHO  HAVE  DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF  TERRORISM,  SO  THAT  THROUGH
SUCH  MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  S 169-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS SHALL APPLY:
  1.  "TERRORIST"  MEANS  ANY  PERSON  WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS  SECTION,  AND/OR  WHO  HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
  2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
  (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (B)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE  ESSENTIAL  ELEMENTS  OF  ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (C)  SET  FORTH  IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203,  1362,  1363,  1366,
1751,  1992,  1993,  2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR  2339D  OF
TITLE 18 OF THE UNITED STATES CODE;
  (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
  (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
  (F)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH  INCLUDES  ALL  OF  THE  ESSENTIAL
ELEMENTS  OF  ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
  3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY  A  PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
  (A)  CONVICTED  BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
  (B)  CONVICTED  BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;

S. 3464--A                          4

  (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES, ANY OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES,  OR  ANY
CONTRACTOR  OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
THE GOVERNMENT OF THE UNITED STATES TO  MAKE  SUCH  DETENTIONS,  UPON  A
DETERMINATION  THAT  SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
  (D) DEPORTED OR TRANSPORTED, TO  A  COUNTRY,  OTHER  THAN  THE  UNITED
STATES,  BY  THE  GOVERNMENT  OF THE UNITED STATES, OR ANY DEPARTMENT OR
AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST  ACTIV-
ITIES,  OR  THE  HARBORING,  SUPPORT  AND/OR  PROMOTION OF TERRORISTS OR
TERRORIST ACTIVITIES; OR
  (E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF  HOMELAND  SECURITY,
THE  UNITED  STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR  ANY  OF  ITS  ARMED
SERVICES,  THE  UNITED  STATES  CENTRAL  INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS  A  PERSON  WHO  HAS
COMMITTED  A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER  OF  A  DESIGNATED  TERRORIST  ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
  4.  "TERRORIST  INCIDENT"  MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION  TWO  OF
THIS  SECTION,  OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
  5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY  IN
WHICH  THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO  POST-RELEASE  SUPERVISION,
OR  UPON  ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
  (B) IF THE TERRORIST DOES NOT RECEIVE  DISCHARGE,  PROBATION,  PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR  LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
  (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
  (D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN  SUCH  VILLAGE,  TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
  6.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  7. "DEPARTMENT" MEANS THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  AS  DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
FIVE, OF THIS CHAPTER.
  8. "OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES"  MEANS  THE
OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
  9. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  11.  "PROBATION"  MEANS  A  SENTENCE  OF PROBATION IMPOSED PURSUANT TO
ARTICLE SIXTY-FIVE OF THE PENAL LAW AND  SHALL  INCLUDE  A  SENTENCE  OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.

S. 3464--A                          5

  12.  "INTERNET  ACCESS  PROVIDER"  MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND  COMMU-
NICATIONS  FACILITY  THROUGH  WHICH  A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
  13.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
  14. "INTERNET IDENTIFIERS" MEANS ANY  ELECTRONIC  MAIL  ADDRESSES  AND
DESIGNATIONS  USED  FOR  THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
  15. "CELLULAR SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
DEVICE SERVICE THROUGH WHICH A  CUSTOMER  MAY  MAKE  CELLULAR  TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION  OR  OTHER  ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
  16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
THIS ARTICLE.
  17.  "REGISTRANT" MEANS A TERRORIST, THAT UPON INVESTIGATION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE,  THE  DIVISION  HAS
DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
  18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR  ANY  OTHER  OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL  FACILITY,  HOSPITAL,  LOCAL  CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS  DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
  S  169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN  AN  INFORMATION  FILE  ON  ALL  TERRORISTS
REQUIRED  TO  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-NINE-D  OF  THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
  2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY  TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE,  OR  THE  DIVI-
SION'S  FAILURE  TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
  3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL  CONDUCT  INVESTIGATIONS
TO  DETERMINE  WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY,
AND UPON SUCH INVESTIGATIONS  AND  DETERMINATIONS,  IN  ACCORDANCE  WITH
SECTION ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERROR-
ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
  4.  INVESTIGATIONS  OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORD-
ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE,  SHALL  MAKE
REGULAR  INVESTIGATIONS  TO  DETERMINE WHAT TERRORISTS SHALL BE ADDED TO
THE REGISTRY.
  5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM.  THE  DIVISION
SHALL  DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.

S. 3464--A                          6

  6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED  VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A  STANDARDIZED  VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA-
TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION  ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO  SECTION  ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO  THE  NEW  YORK
STATE TERRORIST REGISTRY.
  8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR  THE
NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
  9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
  10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION  CONTAINED  ON
THE  REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
STATE OF NEW YORK, AND UPON  SUCH  DETERMINATION  THAT  SUCH  PARTICULAR
INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
  11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-NINE-O  OF  THIS  ARTICLE,  SHALL PROVIDE FOR THE SECURE,
CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT,  FOR
THE  PRESERVATION,  STORAGE  AND  ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE  DNA
SAMPLE,  AND/OR  THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
TIFICATION  INDEX,  MAINTAINED  PURSUANT   TO   SECTION   NINE   HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
  12.  FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT,  TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH  BY  THE
DIVISION,  FOR  THE  PRESERVATION,  STORAGE AND ANALYSIS OF SUCH FINGER-
PRINTS.
  13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
ONE  HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
REGISTRANT,  AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-Q
OF THIS ARTICLE.
  15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
  S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-H

S. 3464--A                          7

OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
  1. PERSONAL INFORMATION, INCLUDING:
  (A) THE TERRORIST'S NAME;
  (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
  (C) THE DATE OF BIRTH OF THE TERRORIST;
  (D) THE SEX OF THE TERRORIST;
  (E) THE RACE OF THE TERRORIST;
  (F)  THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
THE TERRORIST;
  (G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES  OF  CITIZENSHIP  OF
THE TERRORIST;
  (H)  THE  DRIVER'S  LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
  (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
  (J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE  AND/OR  ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
  (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
THE TERRORIST;
  (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
  (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
USED; AND
  (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
  2. FORENSIC INFORMATION, INCLUDING:
  (A) A PHOTOGRAPH OF  THE  TERRORIST,  TAKEN  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
  (B)  A  COMPLETE  SET  OF  FINGERPRINTS OF THE TERRORIST, COLLECTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE,  WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE  OF  PROVIDING  A
REPORT  AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING  OR  DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D)  A  DNA  ANALYSIS  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH  SUCH  ANALYSIS
BEING  COMPLIANT  WITH  THE  COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND  ANALYSIS  OF  AUTOSOMAL
DNA  (ATDNA),  MITOCHONDRIAL  DNA  (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE  REQUIRED  BY
THE DIVISION;
  3.  TERRORIST  INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH AND EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING  EVENTS
FOR  WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
OR DESIGNATED;
  (B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH  THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
  (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY

S. 3464--A                          8

SENTENCE,  FINE,  PUNISHMENT  AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
  (D)  THE  DATE  OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED  AS  A  RESULT  OF  THE
INCIDENT,  AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
  4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
  (A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS  TO  BE
EMPLOYED:
  (I)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
  (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
  (B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO  BE
A STUDENT:
  (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
  (II)  A  COMPLETE  DESCRIPTION  OF  THE  TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
  5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
  (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
  (B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED  PERTINENT  BY
THE DIVISION.
  S   169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION  AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE  A
NON-FORWARDABLE  REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
  2. STANDARDIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING  THE  REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  REGISTER  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
  (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
STANDARDIZED REGISTRATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION  CONCERNING  THE  REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO  SUCH  LAW  ENFORCEMENT
AGENCY; AND

S. 3464--A                          9

  (III)  DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE,  AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
  3.  PERSONALIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
  4.  STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED REGISTRATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE  HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
  5. VERIFICATION PACKET. THE DIVISION SHALL  CREATE  A  NON-FORWARDABLE
VERIFICATION  PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION  FORM,  AND  A
STANDARDIZED VERIFICATION FORM.
  6.  STANDARDIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A) DUTY AND OBLIGATION  TO  PROVIDE  VERIFICATION.  THE  STANDARDIZED
VERIFICATION  INFORMATION  FORM SHALL PROVIDE INFORMATION CONCERNING THE
REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION  WITH
THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, INCLUDING:
  (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
STANDARDIZED VERIFICATION FORM;
  (II)  DETAILED  DIRECTIONS  AND INFORMATION AS TO HOW TO APPEAR BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  CONCERNING  THE  REGIS-
TRANT'S  REQUIREMENT  TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
LAW ENFORCEMENT AGENCY; AND
  (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING  THE  TERRORIST'S
RESPONSIBILITY  TO  PAY  A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-P OF  THIS  ARTICLE,  AND  THE  AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
  7.  PERSONALIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH

S. 3464--A                         10

SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION  INFORMATION  FORM  SHALL  FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT  MUST  APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
  8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A  STAND-
ARDIZED  VERIFICATION  FORM,  IN  CLEAR  AND  CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF  THIS  ARTICLE,
FROM  EVERY  TERRORIST  REQUIRED  TO  REGISTER  WITH  THE NEW YORK STATE
TERRORIST REGISTRY.
  9. AVAILABILITY OF INFORMATION AND FORMS. IN  ADDITION  TO  THE  OTHER
PROVISIONS  OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
  (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED VERIFICATION INFORMATION FORM  AND  THE  STANDARDIZED  VERIFICATION
FORM  AVAILABLE  TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE
UNIFIED COURT SYSTEM, THE  DEPARTMENT,  FEDERAL,  STATE  AND  LOCAL  LAW
ENFORCEMENT,  AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
DIVISION DEEMS APPROPRIATE;
  (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION  FORM,
THE  STANDARDIZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED
VERIFICATION FORM, PRODUCED IN ACCORDANCE  WITH  THIS  SECTION,  ON  THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN  A  DOWNLOADABLE  FORMAT,  TO ALLOW FOR THE SUBMISSION OF A COMPLETED
COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS  OF  WHETHER  ANY
SUCH  FORM  OR  FORMS  HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS-
TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT  HAS  IN  FACT  RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
  (C)  THE  DIVISION  SHALL  ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER,
WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE  OF  THE  DIVISION,  TO
PROVIDE,  UPON  REQUEST  OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW
YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL  INFORMATION
THAT  IS  NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT  TO  COMPLETE
THEIR  VERIFICATION,  INCLUDING  INFORMATION THAT WOULD BE PROVIDED IN A
PERSONALIZED REGISTRATION INFORMATION FORM OR A  PERSONALIZED  VERIFICA-
TION INFORMATION FORM.
  10.  ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY  TO  COMPLETE  SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE  TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
  11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE  OF  THE  NON-FOR-
WARDABLE  REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST  ADDED  TO  THE  NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER  AS  REQUIRED  BY  THIS  ARTICLE,  AND TO COLLECT THE NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.

S. 3464--A                         11

  12. MAILING OF REGISTRATION PACKET. THE  NON-FORWARDABLE  REGISTRATION
PACKET,  AS  DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF  SUCH
TERRORIST,  IN  ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
  13.  PURPOSE  OF  THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED  IN  ACCORDANCE  WITH  SUBDIVISION
FIVE  OF  THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S  DUTY  AND  OBLI-
GATION  TO  PROVIDE  VERIFICATION  AS  REQUIRED  BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH  REGISTRANT  AS
REQUIRED BY THIS ARTICLE.
  14.  MAILING  OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE  MAILED
BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY  SUBDIVISION
FIFTEEN OF THIS SECTION.
  15.  TIMELINES.  WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
  (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY  THE  DIVISION  WITHIN
TEN  CALENDAR  DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE  TERRORIST  REGIS-
TRY;
  (B)  THE  MAILING  REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED  BY  THE  DIVISION  WITHIN  SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED  PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
  (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE  MAILING  OF  REGISTRATION  PACKET  BY  THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED  BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY  EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST  CLASS
MAIL,  OR  BY  MEANS  OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
  (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
VERIFICATION  PACKET  FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION,  OR  WITHIN  FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S  WEBSITE,  OR  WITHIN  FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
SHALL  RETURN  A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER  BY  MEANS  OF  UNITED
STATES  FIRST  CLASS  MAIL,  OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR  WITHIN  THIRTY-FIVE  CALENDAR
DAYS  OF  THE  MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,

S. 3464--A                         12

SHALL  APPEAR  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA  SAMPLE,  UNLESS
SUCH  REGISTRANT  HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
TAKEN,  AND  THEIR  FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE  AND  FIVE  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-J  OF  THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
  (F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE  THE  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO  THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
  16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A  TERRORIST  TO  RECEIVE  ANY  NOTICE,
REGISTRATION  PACKET  OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION  PACKET,  OR
OF  THE  FAILURE  OF  THE  DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO  THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
  17.  VIOLATIONS.  IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT  RETURNED
TO  THE  DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION  SHALL  IMMEDIATELY
NOTIFY  THE  DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND  SECURITY,  WHEREUPON  THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH  A  FAILURE
TO  REGISTER  IN  ACCORDANCE  WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
  18. LATE FILINGS. THE DIVISION  MAY  BY  REGULATION  IDENTIFY  CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A  STANDARDIZED  REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH  OR
UPDATED  PHOTOGRAPH,  BUT  IN  NO  EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT,  IF
OF  LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM,  STAND-
ARDIZED  VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
  19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES  AND  REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-F.  INVESTIGATION  OF POTENTIAL REGISTRANTS. 1. GENERALLY.  THE
DIVISION SHALL MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER  TERROR-
ISTS SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION AND
DETERMINATION  THAT  A  TERRORIST  SHALL  BE  ADDED  TO THE REGISTRY, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE DIVISION  SHALL  ADD
SUCH TERRORIST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY  OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER  PROVIDED  BY
THE  DIVISION,  OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT  WHICH  SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE

S. 3464--A                         13

OF  RESIDENCE  WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY  THE  DIVI-
SION.  IN  THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH  TERRORIST  AT
LEAST  SIXTY  DAYS  PRIOR  TO  SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND  MANNER
PROVIDED BY THE DIVISION.
  3.  PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY  THE
DIVISION,  WITHIN  FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
DIVISION.
  4.  ESCAPE  NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED  OFFICIAL  OF  THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE  DIVISION  OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND  IMMEDIATELY  PRIOR  TO,  THE  TIME  OF  THE
TERRORIST'S CONFINEMENT, WITH:
  (A) THE NAME AND ALIASES OF THE TERRORIST;
  (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
  (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
SERVED, IF ANY;
  (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
  (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
  (F) THE FINGERPRINTS OF THE TERRORIST.
  5.  PURPOSE.  IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK  STATE,  AND
WHETHER,  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
  6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING  ITS  INVESTI-
GATIONS,  PURSUANT  TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN  NEW
YORK  STATE,  THE  DIVISION  SHALL  COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
  (I) THE DEPARTMENT;
  (II) THE DIVISION OF PAROLE;
  (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
  (IV) THE DEPARTMENT OF HEALTH;
  (V) THE DEPARTMENT OF EDUCATION;
  (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE  UNIFIED
COURT SYSTEM;
  (VII) THE DIVISION OF STATE POLICE;
  (VIII)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES;
AND/OR
  (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
  (B)  IN  FURTHER  CONDUCTING  ITS  INVESTIGATIONS,  PURSUANT  TO  THIS
SECTION,  TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE,  THE  DIVISION
SHALL  ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
  (I) THE FEDERAL BUREAU OF PRISONS;

S. 3464--A                         14

  (II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND  ITS  ARMED  SERVICES
BRANCHES;
  (III) THE UNITED STATE DEPARTMENT OF STATE;
  (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
  (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
  (VI) THE CENTRAL INTELLIGENCE AGENCY;
  (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
  (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
  (IX)  ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
SION DEEMS APPROPRIATE.
  7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON  INVESTIGATION  IN
ACCORDANCE  WITH  THIS  SECTION,  THE DIVISION SHALL ADD A TERRORIST, AS
DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
ARTICLE,  TO  THE  NEW  YORK  STATE TERRORIST REGISTRY, AND PROVIDE SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
  (A)  NOT  PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING  AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
  (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
  (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST  HAS  EVIDENCED  ANY  INTENTION  TO  RESIDE, WORK OR ATTEND AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
  8. COURT APPLICATION TO ADD A PERSON TO THE  REGISTRY.  UPON  INVESTI-
GATION  IN  ACCORDANCE  WITH  THIS  SECTION, AND UPON A FINDING THAT THE
PERSON INVESTIGATED MAY  NOT  HAVE  COMMITTED  A  TERRORIST  OFFENSE  AS
DEFINED  IN  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, OR A VERIFIABLE ACT OF TERRORISM,  AS  DEFINED  IN  SUBDIVISION
THREE  OF  SECTION  ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE
JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A
SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING,  SUPPORTING  AND/OR
FACILITATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE
STATE OF NEW YORK, THEN THE  DIVISION  MAY  MAKE  AN  APPLICATION  TO  A
SUPREME  COURT,  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF
THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGIS-
TRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL
ADD  SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICA-
TION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF  THIS  ARTI-
CLE.
  9.    ADDITION  TO  THE  REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL  ADD  SUCH
PERSON  TO  THE  REGISTRY,  AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME  COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY  WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK  STATE  TERRORIST
REGISTRY,  IN  ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS

S. 3464--A                         15

ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM  THE  REGISTRY,
AND  PROVIDE  SUCH  PERSON  WITH  NOTIFICATION OF THEIR REMOVAL FROM THE
REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION  AND/OR  ORDER,  AND
SUCH  REMOVAL  SHALL  NOT  BE  PERFORMED BY THE DIVISION UNTIL THE FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
  S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN  SIXTY
DAYS  OF  THE  EFFECTIVE  DATE  OF THIS ARTICLE, SHALL COMMENCE INVESTI-
GATIONS AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE  HUNDRED
SIXTY-NINE-F  OF  THIS  ARTICLE,  TO  DETERMINE WHAT TERRORISTS SHALL BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH INVESTIGATIONS AND DETER-
MINATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND  SHALL  THERE-
AFTER  NOTIFY  SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.  1.    DUTY  AND
OBLIGATION  TO  REGISTER  AND  VERIFY.  ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED,  AND  HAVE  THE
DUTY  AND  OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH  THIS
ARTICLE.
  2.  SPECIFIC  DUTIES AND OBLIGATIONS.   ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION  SHALL  BE  REQUIRED,  AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
  (A) REGISTER UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION  FORM,  CONTAINING  ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH
PREVIOUSLY  TAKEN,  IN  ACCORDANCE  WITH  SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE  WITH
SUBDIVISIONS  THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED  LAW  ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
  (D)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING  JURISDICTION,  WITHIN  THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
  (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO  A  DNA  SAMPLE  TAKEN  BY  THE  SPECIFIED  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (F) PROVIDE THE DIVISION  WITH  ANY  OTHER  AND  FURTHER  REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.

S. 3464--A                         16

  3.  CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
  5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
  S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
  (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;

S. 3464--A                         17

  (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
FORM,  ADD  SUCH  PERSON  TO  THE  REGISTRY  AND FORWARD THE INFORMATION
COLLECTED TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION,  IN
ACCORDANCE WITH THIS ARTICLE;
  (III)  THE  COURT  SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE
CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE  THE  LAW  ENFORCEMENT
AGENCY  HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA
SAMPLE; AND
  (IV)  FROM  THE  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL  BE  ADDED
TO  THE  NEW  YORK  STATE  TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
  (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION, SHALL BE ADDED BY THE DIVISION  TO  THE  NEW  YORK  STATE
TERRORIST  REGISTRY,  AND  SHALL REGISTER WITH THE DIVISION, AND PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND  TIMELINES  OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2.  APPLICATION  TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.  IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS ARTICLE,  THE  DIVISION,  AFTER  INVESTIGATION,  MAY  PETITION  THE
SUPREME  COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVES-
TIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS  OF
SUCH PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF
SUCH  INVESTIGATION  IN  THE JOINT DETERMINATION OF THE DIVISION AND THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS
AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING  AND/OR  FACILI-
TATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE
OF NEW YORK, AND THAT A CERTIFICATION  SHOULD  BE  ISSUED  TO  ADD  SUCH
PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE
CERTIFICATION  REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL
ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGISTRY,  AND  PROVIDE
SUCH  PERSON  WITH  NOTIFICATION  IN ACCORDANCE WITH SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  (B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR  ORDER  WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO  DIRECT  THE  DIVISION  TO  ADD  THE PERSON WHO IS THE SUBJECT OF THE
APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF  SUCH
DENIAL  SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE  DECISION  OR  THE
ENTRY  OF  THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON  WHOM
THE  COURT  DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL  OF  SUCH  DECISION  AND/OR
ORDER  ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO  THE  APPELLATE  DIVISION  IN  THE
DEPARTMENT  IN  WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE  ORDER  ISSUING

S. 3464--A                         18

THE  CERTIFICATION  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
EARLIER.
  3.  APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST  REGISTRY  MAY  SEEK  AN
ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE  IN  THE  STATE  OF  NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
  (A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN  ORDER  TO
REMOVE  THE  REGISTRANT  AND  THEIR  INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
  (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
  (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
  (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
  (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
  (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME  COURT
FINDS  THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW  YORK  STATE
TERRORIST  REGISTRY,  THE  DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH  NOTIFICATION  OF  THEIR  REMOVAL
FROM THE REGISTRY.
  (C)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A  PERSON  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL  HEAR  SUCH  APPEAL
WITHIN  NINETY  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON  FROM  THE  REGISTRY,
WHICHEVER  IS EARLIER.   WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY,  SUCH  REMOVAL  SHALL
NOT  BE  PERFORMED  BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM  THE  COURT
DENIES  A  PETITION  TO  HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE  DEPARTMENT  IN  WHICH
SUCH  PERSON  SO  RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE  THIRD  DEPARTMENT,  WHICH  SUCH
APPELLATE  DIVISION  SHALL  HEAR  SUCH  APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF  THE  ORDER  DENYING  THE  PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
  S  169-J.  RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST.  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,
AS  DEFINED  IN  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED  IN
SUBDIVISION  EIGHTEEN  OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE

S. 3464--A                         19

DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING,  BUT  NOT
LIMITED  TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF  THE  TERRORIST,  AND
THE  DATE  OF  EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY.  THE  NOTIFICATION  REQUIRED  BY  THIS
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST  AFTER  THE  EFFECTIVE  DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE  DATE  OF  SUCH
CUSTODY OF SUCH TERRORIST.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF  THIS
ARTICLE,  SHALL  INFORM  SUCH  TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN  A  FORM  AND
MANNER  PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR  THE  FAILURE  OF  THE  TERRORIST  TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION  UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR  TO  THE
RELEASE,  DISCHARGE,  PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY,  BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE,  PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS  SUBDIVISION,  THE  CONFINEMENT  ENTITY  SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
  3. REGISTRATION AT  THE  FACILITY.  IMMEDIATELY  AFTER  PROVIDING  THE
TERRORIST  WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT  EVERY  TERRORIST  IN
THEIR  CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN  SUBDIVISION
ONE  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE  SUCH  PACKET  READ  AND
EXPLAINED  TO  THE  TERRORIST,  AND  AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
  (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4.  FAILURE  OF  A  TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE,  RELEASE  TO  POST-RELEASE  SUPERVISION,  OR
PROVIDE  ANY  OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
SION THREE OF THIS SECTION.
  5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS

S. 3464--A                         20

SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF

S. 3464--A                         21

EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
VISION OR PROBATION.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED  BY  THE  DIVI-
SION.  THE  FAILURE  OF  THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE  FAILURE  OF
THE  TERRORIST  TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR  OBLIGATION  UNDER  THIS  ARTICLE.  THE  NOTIFICATION
REQUIRED  BY  THIS  SUBDIVISION  SHALL  TAKE  PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL  ALTERNATIVES  IS
UNABLE  TO  NOTIFY  THE  TERRORIST  AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
  3.  REGISTRATION  BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH  THE
NOTIFICATION  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PRESENT  EVERY  TERRORIST,  AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION  OR
PROBATION,  WHO  HAS  NOT  PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED  IN  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH  PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
TION PHOTOGRAPH;
  (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR  THE
OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT  PREVIOUSLY  REGISTERED  WITH
THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN  INITIAL  PHOTO-
GRAPH,  A  COMPLETE  SET  OF  FINGERPRINTS,  AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION.  THE  COLLECTION  BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA  SAMPLE,  FROM  THE
TERRORIST,  IN  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL

S. 3464--A                         22

RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF  THE
INITIAL  PHOTOGRAPH,  THE  COMPLETE  SET  OF  FINGERPRINTS,  AND THE DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY  SUPERVISION,
THE  ONE  HUNDRED  DOLLAR  FEE  REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY  TO  APPEAR  BEFORE  SUCH  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH
LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6. RECORDING OF ADDRESS.  UPON  THE  COMPLETION  OF  THE  STANDARDIZED
REGISTRATION  FORM  BY  THE  TERRORIST,  THE DEPARTMENT OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  IMMEDIATELY  RECORD  FROM
SUCH  STANDARDIZED  REGISTRATION  FORM,  THE ADDRESS WHERE THE TERRORIST
EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR  DISCHARGE  FROM  COMMUNITY
SUPERVISION  OR  PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION  FORM  TO
THE  TERRORIST,  MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
THE CONFINEMENT ENTITY'S OWN  RECORDS,  AND  SHALL  FURTHER  IMMEDIATELY
TRANSMIT  TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE DEPARTMENT OR THE  OFFICE  OF  PROBATION  AND  CORRECTIONAL
ALTERNATIVES  SHALL  IMMEDIATELY  TRANSMIT  TO THE DIVISION, THE INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
  9. CONVICTION DATA AND PERSONAL INFORMATION. AT  ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE  DIVISION  MAY REQUEST, AND THE
DEPARTMENT OR THE OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE  CONVICTION  DATA  AND  PERSONAL  INFORMATION  OF  ANY TERRORIST, AS
DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION  OF  THE  TERRORIST,  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED  STATE  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-L.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE  VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
  S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
NOTIFY  DIVISION  OF  CHANGE  OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY  TERRORIST
ADDED  TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW

S. 3464--A                         23

YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY  THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF  HIS  OR  HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH  THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH
THE PROVISIONS OF THIS ARTICLE.
  2.  NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
ADDRESS BY A TERRORIST REQUIRED  TO  REGISTER  UNDER  THIS  ARTICLE,  IN
ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS SECTION, THE DIVISION SHALL
IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING  JURISDICTION
OF  THE  NEW  PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
  3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF  THE  CHANGE
OF  ADDRESS  INFORMATION  FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS
SECTION,  THE  LOCAL  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
  4. NOTIFICATION OF OTHER JURISDICTIONS. THE  DIVISION  SHALL,  IF  THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY  THE  APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
OF RESIDENCE.
  169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF  INFORMATION  WITH
NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.

S. 3464--A                         24

  3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE  DIVISION,  PURSUANT
TO  THIS SECTION, IN CONSULTATION WITH THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES AND THE DIVISION OF STATE  POLICE,  SHALL  REVIEW
THE  INFORMATION CONTAINED ON THE NEW YORK STATE TERRORIST REGISTRY, AND
SHALL  DETERMINE  WHETHER  THE  DISCLOSURE OF ANY PARTICULAR INFORMATION
CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK  TO  THE  PEOPLE  OR
PROPERTY  OF  THE  STATE OF NEW YORK. UPON THE REVIEW MADE IN ACCORDANCE
WITH THIS SUBDIVISION, AND UPON  A  DETERMINATION  THAT  ANY  PARTICULAR
INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY, INCLUDING  EXEMPTING  SUCH
INFORMATION  FROM  THE  REQUIREMENTS  OF  THE  POSTING ON THE DIVISION'S
WEBSITE, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF  THIS  ARTICLE,
OR PROVIDING OF SUCH INFORMATION THROUGH THE SPECIAL TELEPHONE NUMBER IN
ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY
INFORMATION DEEMED SECURE PURSUANT TO  THIS  SUBDIVISION  SHALL  NOT  BE
SUBJECT  TO  THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY THE DIVISION, THAT PARTICULAR INFORMATION  SHALL  BE  DEEMED  SECURE,
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PREVENT THE DIVISION FROM
SHARING  SUCH  SECURE  INFORMATION  WITH  ANY  ENTITY IDENTIFIED FOR THE
REGISTRY INFORMATION SHARING PURSUANT TO THIS SECTION, BUT THE  DIVISION
MAY PLACE SHARING RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED
BY THE DIVISION, WHEN SHARING SUCH SECURE INFORMATION WITH OTHER AUTHOR-
IZED  SHARING  ENTITIES,  IN  ACCORDANCE WITH SUBDIVISION ONE AND TWO OF
THIS SECTION, COULD RESULT  IN  THE  INAPPROPRIATE  DISCLOSURE  OF  SUCH
SECURE INFORMATION.
  S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION.  THE  DIVISION,  PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,
THE  CONFINEMENT  ENTITY,  OR  THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH  SECURE  CUSTODIAL  COLLECTION  OF  THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE  AVAILABLE  AN  INFORMATION
PACKET  TO  EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE  DEPARTMENT  AND  THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2.  SECURE  CUSTODIAL  TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE  CUSTODIAL  TRANSFER  OF  THE  DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION,  THE  CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION  AND  CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE   WITH   THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF  STATE  POLICE,  AND/OR  ANY  OTHER  APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
  3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE  DIVISION,  PURSUANT
TO  THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY
HAVING  JURISDICTION,  THE  CONFINEMENT  ENTITY,  THE DEPARTMENT, OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES,  IN  ACCORDANCE  WITH
THE  PROVISIONS  OF  THIS  ARTICLE,  TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS

S. 3464--A                         25

ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION,  STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
  4.  STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA  SAMPLE,  AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S  169-P.  REGISTRY  AND  VERIFICATION FEES. 1. CHARGING OF FEES.  THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
  (A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE  INITIAL  REGISTRATION
OF THE TERRORIST;
  (B)  CHARGE  A  FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
CHANGE OF ADDRESS; AND
  (C) CHARGE A FEE OF TEN DOLLARS  EACH  TIME  A  TERRORIST  APPEARS  TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
  2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID  TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
BY THE DIVISION.
  3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE  BASIS,
FOR  A  WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
  4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS  HEREBY  AUTHORIZED
TO  DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
GENERAL FUND.
  S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER.  THE  DIVISION
SHALL  OPERATE  A  TELEPHONE  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO  REGIS-
TER  PURSUANT  TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
REGISTRY, AND TO OBTAIN PUBLICLY  AVAILABLE  REGISTRY  INFORMATION  WITH
RESPECT TO SUCH TERRORIST.
  2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON  THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
IN THIS SECTION, THE DIVISION SHALL:
  (A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL  ON  WHICH  THE  CALLER
WOULD LIKE TO OBTAIN INFORMATION.
  (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON  LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED  ON  THE  REGISTRY,  THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
  (I)  AN  EXACT  STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
THE TERRORIST;
  (II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (III) THE DATE OF BIRTH OF THE TERRORIST;
  (IV)  THE  SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
THE TERRORIST;
  (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
  (VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT  COMMITTED  BY
THE TERRORIST;
  (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
  (IX)  ANY  DISTINCTIVE  MARKINGS  OR  THE  ETHNICITY OF THE TERRORIST;
AND/OR
  (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.

S. 3464--A                         26

  (C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS  TO
BE  A  PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN  ACCORDANCE  WITH  PARAGRAPH
(B)  OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (IV)  IF  THE  TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
IST'S PLACE OF EMPLOYMENT;
  (V) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VI)  BACKGROUND  INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
  (D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE  CALLER,  A  RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
  (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
  (III)  THAT  THE  CALLER  SHALL  BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN  A  WRITTEN
RECORD;
  (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
  (V)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
  (VI)  THAT  THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION  REGARDING
THE  INDIVIDUAL  ABOUT  WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
POSITIVE IDENTIFICATION OF THAT PERSON;
  (VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT  A  CRIME  HOTLINE  AND
THAT  ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
  (VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE  A  DESCRIPTION
OF  THE  LAW  PERTAINING  TO  THE  NEW YORK STATE TERRORIST REGISTRY, IS
AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING,  BY
MAIL, UPON REQUEST FROM THE DIVISION.
  3.  MISUSE  OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED  IN
A  PATTERN  OR  PRACTICE  OF MISUSE OF THE SPECIAL 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 APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER  OR  OTHER  ORDER
AGAINST  THE  PERSON  OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR
PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE  INDEPENDENT  OF
ANY  OTHER  REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.

S. 3464--A                         27

  4. REPORT OF CALL ACTIVITY.   THE DIVISION SHALL,  ON  OR  BEFORE  THE
FIRST  OF  SEPTEMBER  IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  STATE  ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY  AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
TEE ON GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF  THE  TELEPHONE
NUMBER, AND SUCH 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 RESULTED IN AN AFFIRMATIVE  RESPONSE  AND
THE  NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE  NUMBER  PROGRAM
BASED  UPON  THE  ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
DEEM RELEVANT;
  (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY,  OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
  (F)  RECOMMENDATIONS  AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
  5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL  TELEPHONE  NUMBER
SHALL  NOT  PROVIDE  ANY  CALLER  WITH ANY INFORMATION FROM THE NEW YORK
STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN  ACCORD-
ANCE  WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
ARTICLE.
  6. ADVERTISEMENT OF  SPECIAL  TELEPHONE  NUMBER.  THE  DIVISION  SHALL
PROVIDE  FOR  THE  ADVERTISEMENT  OF THE SPECIAL TELEPHONE NUMBER ESTAB-
LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE  POST-
ING  OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE  INTERNET  DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
  (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
  (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (VI)  IF  THE  TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VII) BACKGROUND INFORMATION ON  THE  TERRORIST,  INCLUDING  EACH  AND
EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
  (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
  (C)  BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-

S. 3464--A                         28

ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF  HOMELAND  SECURITY  AND
EMERGENCY SERVICES.
  2.  AUTOMATED  E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE  TERRORIST  REGISTRY,  IN  THE
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE  OR  ENTITY  OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE  LIMITED  TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  3.  NO  CHARGE  FOR  THE  USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY  NOR  FOR  THE  RECEIPT  OF
E-MAIL NOTIFICATIONS.
  4.  MISUSE  OF  THE  INTERNET  DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
THE  DIRECTORY  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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-S. 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  STATE,  LOCAL  AND/OR  FEDERAL
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 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON

S. 3464--A                         29

GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
THIS ARTICLE.
  S  169-U.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION,  PURSUANT  TO
THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE  PENAL  LAW.
ANY  SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
CLE,  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  REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
  S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF  ANY  INFORMATION  CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
  S 169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART  THEREOF
SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
ANY OTHER SECTION OR PART THEREOF.
  S  5.  The penal law is amended by adding a new section 490.23 to read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
           REGISTRY.
  A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW  YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY  WITH  THE  DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE
SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED  PURSUANT
TO  ARTICLE  SIX-D  OF  THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION  AS  REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
  FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S3464B - Bill Details

See Assembly Version of this Bill:
A6129C
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §§719 & 233, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L

S3464B - Bill Texts

view summary

Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.

view sponsor memo
BILL NUMBER:S3464B

TITLE OF BILL: An act to amend the executive law, the correction law,
the penal law, and the state finance law, in relation to the
establishment of the New York state terrorist registry

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the executive law, the correction law, the penal
law, and the state finance law, to the establish the New York State
Terrorist Registry.

SUMMARY OF SPECIFIC PROVISIONS:

Summary of Provisions:
This bill would:

* Create a new section 719 of the executive law to provide for sharing
of the terrorist registry information between the Division of Criminal
Justice Services - DCJS (the keeper of the registry) and the Division
of Homeland Security and Emergency Services - DHSES;

* Create a new section 232 of the executive law to provide for sharing
of the terrorist registry information between DCJS and the Division of
State Police;

* Create a new Article 6-D of the correction law to establish a New
York State Terrorist Registry for Terrorists who live, work or attend
an educational institution in New York State, based upon the model of
Registration of Sex Offenders (Megan's Law - Article 6-C of the
correction law);

*Create a new section 490.23 of the penal law, to establish the new
crime of failing to register or provide verification information for
the New York State Terrorist Registry; and

* Create a new section 97-aaaa of the state finance law, to establish
the Terrorist Registry Funds Management Account, to provide for the
collection of fees from the New York State Terrorist Registry program
and to provide a fund to reimburse local governments and state
agencies for their costs associated with administering the program.

Purpose of the Bill:

Pursuant to the legislative intent of the bill, the purpose would of
this act would be:

"to monitor those individuals, who have demonstrated through their
past actions, that they would commit an act of terrorism, so that
through such monitoring, such persons will be discouraged and/or
prevented from committing any new acts of terrorism, against the
people and property of the state of New York."

Terrorist Registry:


Specifically, the terrorist registry established pursuant to the new
article 6-D, created by this bill would add 23 new sections to the
correction law, in a very similar legal construct to Megan's law.

Such registry would:

*Register Terrorists:

- Convicted of a state or federal crime of terrorism, or
- Who have committed a "Verifiable Act of Terrorism" causing the
federal government to take concordant responsive action;

*Contain Information on Terrorists who live, work or attend school in
New York State, including:

- Personal-biographical information;
- Forensic information (DNA, fingerprints and annual photograph);
- Incident information (on the terrorist's past acts);
- Employment information (which also includes educational information
for students); and
- Verification information;

*Be assembled and maintained by DCJS, in cooperation with other
government agencies;

*Have non confidential information available to the public via a DCJS
website and phone number;

* Have confidential information available to government certain
agencies, such as the state police, FBI, DHSES and United States
Department of Homeland Security; and

* Would be financed by fees collected from registrants

Operation of the Registry:

This bill would require DCJS to assemble and maintain the New York
State Terrorist Registry. Pursuant to its terms:

* DCJS would be required to work with other state and federal agencies
to assemble a list of persons ("terrorists") who have ever committed a
state or federal crime of terrorism, or who have ever committed a
"Verifiable Act of Terrorism" that caused the federal government to
obtain a conviction or concordant administrative determination, and
examine and determine which of such terrorists are, or will be,
residing, working or attending an educational institution in New York;

* DCJS would be further required to add such terrorists to the New
York State Terrorist Registry, and send such persons a standardized
registration packet, that DCJS must produce, which notifies the
terrorist of their obligation to register and verify, and provides for
the collection of all the necessary registry information;

* Upon being added to the registry, the terrorist would be required to
complete and sign the standardized registration form, and appear
either before their confinement entity (such as the Department of
Corrections) or if they are not incarcerated, before the law


enforcement agency having jurisdiction (such as their local police
department) to submit to a photograph, fingerprinting and DNA test;
and

* DCJS would be additionally required to review the information
gathered on the terrorist, and in consultation with DHSES and the
state police, determine what of such information should be kept
confidential for security reasons, and then provide for the public
accessibility of such non confidential information (as enumerated by
the bill) by means of a posting of the registry on the DCJS website
and by means of a public caller telephone service, with all
information deemed secure not being disclosed.

Judicial Review:

Any terrorist who wishes to have their name removed from the registry
can make an application before the supreme court of the county of
residence, or if they are not a resident of New York, before the
supreme court of the county of Albany.

Failure to Register and/or Verify:

Any person who fails to register, provide the necessary registration
information to DCJS, or fails to provide the necessary verification
information to DCJS would be guilty of a violation of § 490.23 of the
penal law, which would be a class A-I felony.

JUSTIFICATION:

This bill would require terrorists convicted of a state or federal
crime of terrorism, or who have committed a "Verifiable Act of
Terrorism" causing the federal government to take concordant,
responsive action, to register with the Division of Criminal Justice
Services, and have their non confidential information made publically
available.

Based upon the highly successful construct of New York's Sexual
Offender Registration Act (Megan's Law) this bill seeks to monitor
those individuals, who have demonstrated through their past actions,
that they would commit an act of terrorism, so that through such
monitoring, such persons will be discouraged and/or prevented from
committing any new acts of terrorism, against the people and property
of the state of New York.

Any effective government program to combat terrorism must require
prevention, response and recovery. None of these elements is more
important than prevention. The same proven strategy of registering
convicted sexual predators to protect children can be equally applied
to register convicted terrorists to protect all the people of the
state.

Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria
(ISIS) have demonstrated their relentless, ferocious brutality over
and over again They have repeatedly stated that they wish to see
continued terrorist attacks in America and New York State. This bill
would respond to New York State's first obligation as a government, to


provide public protection for its citizens, and to do such in a manner
that maintains essential freedoms and civil liberties of all people.

Persons would be added to the New York State Terrorist Registry only
after their past conduct resulted in a conviction for crime of
terrorism or a federal action taken against them for committing a
verifiable act of terrorism. Registrants can petition to the supreme
court to have their name removed if such court finds that
circumstances so justify the removal. The registration and
verification is neither over-burdensome nor complex

Like the proven effectiveness of Megan's law, this bill would provide
state and federal authorities with a powerful new tool to prevent
future terrorist attacks, as well as provide terrorists with a serious
disincentive to commit another act of terrorism within New York State

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the first of November next succeeding
the date on which it shall have become law.

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

                                 3464--B
    Cal. No. 576

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced by Sens. CROCI, ADDABBO, FELDER, AMEDORE, BOYLE, DeFRANCISCO,
  FARLEY,  FLANAGAN,  FUNKE,  GRIFFO,  LARKIN,  LAVALLE, LIBOUS, LITTLE,
  MARCELLINO,  MARCHIONE,  MARTINS,  MURPHY,  NOZZOLIO,  O'MARA,   ORTT,
  RANZENHOFER,  ROBACH, SERINO, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Veterans,  Home-
  land  Security  and  Military  Affairs -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the executive law, the correction law, the penal law,
  and the state finance law, in relation to the establishment of the New
  York state terrorist registry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state terrorist registry act".
  S 2. The executive law is amended by adding a new section 719 to  read
as follows:
  S  719.  TERRORIST REGISTRY INFORMATION SHARING. 1.  UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY  AND  EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.
  2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09044-07-5

S. 3464--B                          2

TIONAL  INFORMATION  NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
  3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  WITH  ANY  AND  ALL
INFORMATION  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE  REGISTRATION  OF  TERRORISTS
PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
  S  3. The executive law is amended by adding a new section 232 to read
as follows:
  S 232.  TERRORIST REGISTRY INFORMATION SHARING. 1. UPON  REQUEST,  THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION  OF  STATE  POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
  2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
  3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
REQUEST.
  S 4. The correction law is amended by adding a new article 6-D to read
as follows:

                               ARTICLE 6-D
                           TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
        169-B. DEFINITIONS.
        169-C. DUTIES OF THE DIVISION.
        169-D. REGISTRATION INFORMATION.
        169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
                 VERIFICATION FORMS.
        169-F. EXAMINATION OF POTENTIAL REGISTRANTS.
        169-G. INITIAL ASSEMBLY OF THE REGISTRY.
        169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
        169-I. DUTIES OF THE COURT.
        169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
                 DISCHARGE OF A TERRORIST.
        169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
                 PROBATION.
        169-L. DURATION OF REGISTRATION AND VERIFICATION.
        169-M. NOTIFICATION OF CHANGE OF ADDRESS.
        169-N. REGISTRY INFORMATION SHARING.
        169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
        169-P. REGISTRY AND VERIFICATION FEES.
        169-Q. SPECIAL TELEPHONE NUMBER.
        169-R. INTERNET DIRECTORY.
        169-S. IMMUNITY FROM LIABILITY.

S. 3464--B                          3

        169-T. ANNUAL REPORT.
        169-U. PENALTY.
        169-V. UNAUTHORIZED RELEASE OF INFORMATION.
        169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
        169-X. SEPARABILITY.
  S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
  THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE  A
PROGRAM  TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR  AS
AN  IRREPLACEABLE,  FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE  DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE  LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY  THIS  ARTICLE,  IS  TO
MONITOR  THOSE  INDIVIDUALS,  WHO  HAVE  DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF  TERRORISM,  SO  THAT  THROUGH
SUCH  MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  S 169-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS SHALL APPLY:
  1.  "TERRORIST"  MEANS  ANY  PERSON  WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS  SECTION,  AND/OR  WHO  HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
  2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
  (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (B)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE  ESSENTIAL  ELEMENTS  OF  ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (C)  SET  FORTH  IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203,  1362,  1363,  1366,
1751,  1992,  1993,  2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR  2339D  OF
TITLE 18 OF THE UNITED STATES CODE;
  (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
  (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
  (F)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH  INCLUDES  ALL  OF  THE  ESSENTIAL
ELEMENTS  OF  ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
  3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY  A  PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
  (A)  CONVICTED  BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;

S. 3464--B                          4

  (B)  CONVICTED  BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
  (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES,  ANY  OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES, OR ANY
CONTRACTOR OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED  BY
THE  GOVERNMENT  OF  THE  UNITED  STATES TO MAKE SUCH DETENTIONS, UPON A
DETERMINATION THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN  ENEMY  COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
  (D)  DEPORTED  OR  TRANSPORTED,  TO  A  COUNTRY, OTHER THAN THE UNITED
STATES, BY THE GOVERNMENT OF THE UNITED STATES,  OR  ANY  DEPARTMENT  OR
AGENCY  THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-
ITIES, OR THE HARBORING,  SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR
TERRORIST ACTIVITIES; OR
  (E)  DESIGNATED  BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES  DEPARTMENT  OF
JUSTICE,  THE  UNITED  STATES  DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
SERVICES, THE UNITED STATES  CENTRAL  INTELLIGENCE  AGENCY,  AND/OR  THE
OFFICE  OF  THE  DIRECTOR  OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS  CITI-
ZENS,  AND/OR  WHO  IS  A  MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
  4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE  BASIS  OF  A
CONVICTION  FOR  ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A  VERIFIABLE  ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
  5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A)  THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS  OR
HER  DISCHARGE,  PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL  CONDITIONAL  RELEASE;
OR
  (B)  IF  THE  TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER  IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
  (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
  (D)  IF  THERE  IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
  6. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  7.  "DEPARTMENT"  MEANS  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO,  AND  SECTION
FIVE, OF THIS CHAPTER.
  8.  "OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES" MEANS THE
OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED  IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
  9.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.

S. 3464--B                          5

  11. "PROBATION" MEANS A SENTENCE  OF  PROBATION  IMPOSED  PURSUANT  TO
ARTICLE  SIXTY-FIVE  OF  THE  PENAL  LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  12.  "INTERNET  ACCESS  PROVIDER"  MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND  COMMU-
NICATIONS  FACILITY  THROUGH  WHICH  A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
  13. "INTERNET SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY  ENGAGED  IN  THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE  ON,  THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
  14.  "INTERNET  IDENTIFIERS"  MEANS  ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT,  INSTANT  MESSAGING,  SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
  15.  "CELLULAR  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE  OR
DEVICE  SERVICE  THROUGH  WHICH  A  CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT  PROVIDES  ONLY  LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
  16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
  17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-F  OF  THIS  ARTICLE,  THE  DIVISION  HAS
DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
  18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR  ANY  OTHER  OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL  FACILITY,  HOSPITAL,  LOCAL  CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS  DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
  S  169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN  AN  INFORMATION  FILE  ON  ALL  TERRORISTS
REQUIRED  TO  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-NINE-D  OF  THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
  2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY  TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE,  OR  THE  DIVI-
SION'S  FAILURE  TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
  3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS  TO
DETERMINE  WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND
UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN  ACCORDANCE  WITH  SECTION
ONE  HUNDRED  SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO
THE NEW YORK STATE TERRORIST REGISTRY.
  4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN  ACCORDANCE
WITH  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU-
LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS  SHALL  BE  ADDED  TO  THE
REGISTRY.
  5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION  INFORMATION  FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION

S. 3464--B                          6

SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A  PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  6.  STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A STANDARDIZED VERIFICATION INFORMATION FORM, A  PERSONALIZED  VERIFICA-
TION  FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL  PROVIDE  FOR
THE  REGISTRATION  AND  VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
  8. NOTIFICATION OF  CHANGE  OF  ADDRESS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES  HAVING  JURISDICTION,  WHEN  A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
  9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED  SIXTY-NINE-N  OF  THIS  ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED  THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
  10.  SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF  STATE  POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE  WHETHER  THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF  THE
STATE  OF  NEW  YORK,  AND  UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION  SHALL  REMOVE  SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
  11.  DNA  CUSTODY  AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-O OF THIS ARTICLE,  SHALL  PROVIDE  FOR  THE  SECURE,
CUSTODIAL  TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH  DNA  SAMPLE,  AND  SHALL
FURTHER  PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE  DNA  IDEN-
TIFICATION   INDEX,   MAINTAINED   PURSUANT   TO  SECTION  NINE  HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
  12. FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,  OR
ANOTHER  APPROVED  FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND  ANALYSIS  OF  SUCH  FINGER-
PRINTS.
  13.  REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO  CHARGE
REGISTRATION  AND  VERIFICATION  FEES  TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH  THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A  SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
  15. INTERNET DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH  AN  INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.

S. 3464--B                          7

  S  169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED  SIXTY-NINE-C  OF  THIS  ARTICLE,  SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER  PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-H
OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
  1. PERSONAL INFORMATION, INCLUDING:
  (A) THE TERRORIST'S NAME;
  (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
  (C) THE DATE OF BIRTH OF THE TERRORIST;
  (D) THE SEX OF THE TERRORIST;
  (E) THE RACE OF THE TERRORIST;
  (F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD  OF
THE TERRORIST;
  (G)  THE  NATION  OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
  (H) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
  (J)  THE  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
  (K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER,  OF
THE TERRORIST;
  (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
  (M)  ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
  (N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS  WITH
CELLULAR  SERVICE  PROVIDERS  BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH  CELLULAR  SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
  2. FORENSIC INFORMATION, INCLUDING:
  (A)  A  PHOTOGRAPH  OF  THE  TERRORIST,  TAKEN  IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
  (B) A COMPLETE SET OF FINGERPRINTS  OF  THE  TERRORIST,  COLLECTED  IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (C)  A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE  COMBINED
DNA  INDEX  SYSTEM  (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A
REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA  (MTDNA)
AND  Y-CHROMOSOME  DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D) A DNA ANALYSIS OF THE DNA SAMPLE  COLLECTED  FROM  THE  TERRORIST,
PERFORMED  BY  A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX  SYSTEM  (CODIS),  AND  WITH
SUCH  ANALYSIS  CAPABLE  OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)  AND  Y-CHROMOSOME  DNA  (Y-DNA),
TOGETHER  WITH  ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
  3. TERRORIST INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH  AND  EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A)  A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED,  TRANSPORTED,
OR DESIGNATED;

S. 3464--B                          8

  (B)  THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
  (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
SENTENCE,  FINE,  PUNISHMENT  AND/OR SANCTION IMPOSED AS A RESULT OF THE
INCIDENT; AND
  (D) THE DATE OF EACH AND EVERY  CONVICTION,  DETAINMENT,  DEPORTATION,
TRANSPORTATION,  AND/OR  DESIGNATION  THAT  OCCURRED  AS A RESULT OF THE
INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR  SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
  4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
  (A)  IN  THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
EMPLOYED:
  (I) THE NAME AND  ADDRESS  OF  THE  TERRORIST'S  CURRENT  OR  EXPECTED
EMPLOYER;
  (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
  (B)  IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE
A STUDENT:
  (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
  (II) A COMPLETE DESCRIPTION  OF  THE  TERRORIST'S  CLASSES  TAKEN,  OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
  5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
  (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
  (B)  ANY  OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
THE DIVISION.
  S  169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION   AND
VERIFICATION  FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A
NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A  STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
  2.  STANDARDIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A) DUTY AND OBLIGATION TO  REGISTER.  THE  STANDARDIZED  REGISTRATION
INFORMATION  FORM  SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
  (B) FURTHER DUTIES AND OBLIGATIONS OF  REGISTRANTS.  THE  STANDARDIZED
REGISTRATION  INFORMATION  FORM  SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTICLE;
AND
  (C)  MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING  THE  MANNER  AND
PROCEDURES  THAT  A  REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY REGISTER IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS  ARTICLE,
INCLUDING:
  (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
STANDARDIZED REGISTRATION FORM;

S. 3464--B                          9

  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO  PROVIDE  HIS  OR
HER  PHOTOGRAPH,  FINGERPRINTS  AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
AGENCY; AND
  (III)  DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE,  AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
  3.  PERSONALIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
  4.  STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED REGISTRATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE  HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
  5. VERIFICATION PACKET. THE DIVISION SHALL  CREATE  A  NON-FORWARDABLE
VERIFICATION  PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION  FORM,  AND  A
STANDARDIZED VERIFICATION FORM.
  6.  STANDARDIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A) DUTY AND OBLIGATION  TO  PROVIDE  VERIFICATION.  THE  STANDARDIZED
VERIFICATION  INFORMATION  FORM SHALL PROVIDE INFORMATION CONCERNING THE
REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION  WITH
THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, INCLUDING:
  (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
STANDARDIZED VERIFICATION FORM;
  (II)  DETAILED  DIRECTIONS  AND INFORMATION AS TO HOW TO APPEAR BEFORE
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  CONCERNING  THE  REGIS-
TRANT'S  REQUIREMENT  TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
LAW ENFORCEMENT AGENCY; AND
  (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING  THE  TERRORIST'S
RESPONSIBILITY  TO  PAY  A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-P OF  THIS  ARTICLE,  AND  THE  AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.

S. 3464--B                         10

  7.  PERSONALIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION  INFORMATION  FORM  SHALL  FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY  HAVING  JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
  8.  STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED VERIFICATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION  IDENTIFIED  IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
FROM EVERY TERRORIST REQUIRED  TO  REGISTER  WITH  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  9.  AVAILABILITY  OF  INFORMATION  AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE  INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
  (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,  THE
UNIFIED  COURT  SYSTEM,  THE  DEPARTMENT,  FEDERAL,  STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
DIVISION DEEMS APPROPRIATE;
  (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED  REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION  INFORMATION  FORM  AND  THE  STANDARDIZED
VERIFICATION  FORM,  PRODUCED  IN  ACCORDANCE  WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE  SUBMISSION  OF  A  COMPLETED
COPY  OF  SUCH  FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR  RECEIVED  BY,  THE  REGIS-
TRANT,  OR  REGARDLESS  OF  WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
  (C) THE DIVISION SHALL ALSO MAINTAIN A  TOLL  FREE  TELEPHONE  NUMBER,
WHICH  SHALL  BE  DISPLAYED  ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER  WITH  THE  NEW
YORK  STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR  REGISTRATION  WITH
THE  NEW  YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE  PROVIDED  IN  A
PERSONALIZED  REGISTRATION  INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
  10. ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS  OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF  LAW,  AND  THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH  PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.

S. 3464--B                         11

  11.  PURPOSE  OF  THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION  ONE
OF  THIS  SECTION,  SHALL  BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER  AS  REQUIRED  BY  THIS  ARTICLE,  AND TO COLLECT THE NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
  12. MAILING OF REGISTRATION PACKET. THE  NON-FORWARDABLE  REGISTRATION
PACKET,  AS  DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF  SUCH
TERRORIST,  IN  ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
  13. PURPOSE OF THE VERIFICATION PACKET. THE PURPOSE  OF  THE  NON-FOR-
WARDABLE  VERIFICATION  PACKET,  CREATED  IN ACCORDANCE WITH SUBDIVISION
FIVE OF THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED  TO  THE
NEW  YORK  STATE  TERRORIST REGISTRY OF SUCH REGISTRANT'S DUTY AND OBLI-
GATION TO PROVIDE VERIFICATION AS  REQUIRED  BY  THIS  ARTICLE,  AND  TO
COLLECT  THE  NECESSARY VERIFICATION INFORMATION FROM SUCH REGISTRANT AS
REQUIRED BY THIS ARTICLE.
  14. MAILING OF VERIFICATION PACKET. THE  NON-FORWARDABLE  VERIFICATION
PACKET,  AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE MAILED
BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF  SUCH
REGISTRANT,  IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
FIFTEEN OF THIS SECTION.
  15. TIMELINES. WITH RESPECT TO THE REQUIREMENTS OF THIS  ARTICLE,  THE
FOLLOWING TIMELINES SHALL APPLY:
  (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION  TWELVE  OF  THIS SECTION SHALL BE COMPLETED BY THE DIVISION WITHIN
TEN CALENDAR DAYS OF THE DATE ON WHICH THE DIVISION ADDS  THE  TERRORIST
TO  WHOM  THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGIS-
TRY;
  (B) THE MAILING REQUIRED IN ACCORDANCE WITH  SUBDIVISION  FOURTEEN  OF
THIS  SECTION  SHALL  BE  COMPLETED  BY THE DIVISION WITHIN SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN  THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
  (C)  THE  REGISTRANT,  WITHIN  TEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE MAILING OF REGISTRATION PACKET  BY  THE  DIVISION,  OR  WITHIN  FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S  WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED  REGISTRA-
TION  FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS
MAIL, OR BY MEANS OF PERSONAL DELIVERY TO  THE  LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION;
  (D)  THE  REGISTRANT,  WITHIN  TEN CALENDAR DAYS OF THE RECEIPT OF THE
VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN  CALENDAR  DAYS
OF  THE  MAILING  OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR  DAYS  OF  BEING  PERSONALLY
NOTIFIED  BY  THE  DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF  THE  STAND-
ARDIZED  VERIFICATION  FORM  TO  THE DIVISION, EITHER BY MEANS OF UNITED
STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL  DELIVERY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;

S. 3464--B                         12

  (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION  PACKET  FROM  THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE  DIVISION,  OR  WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED  BY  THE  DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING  JURISDICTION,  TO
PROVIDE  FINGERPRINTS,  AN  INITIAL  PHOTOGRAPH AND A DNA SAMPLE, UNLESS
SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH  PREVIOUSLY
TAKEN,  AND  THEIR  FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE  AND  FIVE  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-J  OF  THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
  (F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE  THE  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO  THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
  16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A  TERRORIST  TO  RECEIVE  ANY  NOTICE,
REGISTRATION  PACKET  OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION  PACKET,  OR
OF  THE  FAILURE  OF  THE  DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO  THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
  17.  VIOLATIONS.  IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT  RETURNED
TO  THE  DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION  SHALL  IMMEDIATELY
NOTIFY  THE  DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND  SECURITY,  WHEREUPON  THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH  A  FAILURE
TO  REGISTER  IN  ACCORDANCE  WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
  18. LATE FILINGS. THE DIVISION  MAY  BY  REGULATION  IDENTIFY  CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A  STANDARDIZED  REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH  OR
UPDATED  PHOTOGRAPH,  BUT  IN  NO  EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT,  IF
OF  LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM,  STAND-
ARDIZED  VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
  19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES  AND  REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-F.  EXAMINATION  OF  POTENTIAL REGISTRANTS. 1. GENERALLY.   THE
DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS
SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER-
MINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN  ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.

S. 3464--B                         13

  2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY  OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER  PROVIDED  BY
THE  DIVISION,  OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT  WHICH  SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
OF  RESIDENCE  WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY  THE  DIVI-
SION.  IN  THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH  TERRORIST  AT
LEAST  SIXTY  DAYS  PRIOR  TO  SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND  MANNER
PROVIDED BY THE DIVISION.
  3.  PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY  THE
DIVISION,  WITHIN  FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
DIVISION.
  4.  ESCAPE  NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED  OFFICIAL  OF  THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE  DIVISION  OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND  IMMEDIATELY  PRIOR  TO,  THE  TIME  OF  THE
TERRORIST'S CONFINEMENT, WITH:
  (A) THE NAME AND ALIASES OF THE TERRORIST;
  (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
  (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
SERVED, IF ANY;
  (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
  (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
  (F) THE FINGERPRINTS OF THE TERRORIST.
  5.  PURPOSE.  IT  SHALL  BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK  STATE,  AND
WHETHER,  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
  6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING  ITS  EXAMINA-
TIONS,  PURSUANT  TO  THIS  SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN  NEW
YORK  STATE,  THE  DIVISION  SHALL  COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
  (I) THE DEPARTMENT;
  (II) THE DIVISION OF PAROLE;
  (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
  (IV) THE DEPARTMENT OF HEALTH;
  (V) THE DEPARTMENT OF EDUCATION;
  (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE  UNIFIED
COURT SYSTEM;
  (VII) THE DIVISION OF STATE POLICE;
  (VIII)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES;
AND/OR
  (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.

S. 3464--B                         14

  (B) IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS  SECTION,
TO  DETERMINE  WHAT  TERRORISTS  ARE  OR  WILL  BE RESIDING, WORKING, OR
ATTENDING EDUCATIONAL INSTITUTIONS, IN  NEW  YORK  STATE,  THE  DIVISION
SHALL  ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
NATIONAL ENTITIES:
  (I) THE FEDERAL BUREAU OF PRISONS;
  (II)  THE  UNITED  STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
  (III) THE UNITED STATE DEPARTMENT OF STATE;
  (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
  (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
  (VI) THE CENTRAL INTELLIGENCE AGENCY;
  (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
  (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
  (IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE  DIVI-
SION DEEMS APPROPRIATE.
  7.  GROUNDS  TO  ADD  A TERRORIST TO THE REGISTRY. UPON EXAMINATION IN
ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL  ADD  A  TERRORIST,  AS
DEFINED  BY  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, TO THE NEW YORK STATE  TERRORIST  REGISTRY,  AND  PROVIDE  SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
  (A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY,  HAS  BEEN,
OR  WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
  (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
  (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST HAS EVIDENCED ANY INTENTION  TO  RESIDE,  WORK  OR  ATTEND  AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
  8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION
IN  ACCORDANCE  WITH  THIS  SECTION,  AND UPON A FINDING THAT THE PERSON
EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI-
VISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF  THIS  ARTICLE,  OR  A
VERIFIABLE  ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION
OF THE DIVISION AND THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES,  THAT  SUCH  PERSON  NONETHELESS  STILL PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR  FACILITATING
A  TERRORIST  ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME  COURT,  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD
SUCH  PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH COURT
ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN  ACCORDANCE  WITH
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  9.    ADDITION  TO  THE  REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL  ADD  SUCH
PERSON  TO  THE  REGISTRY,  AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.

S. 3464--B                         15

  10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME  COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY  WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK  STATE  TERRORIST
REGISTRY,  IN  ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM  THE  REGISTRY,
AND  PROVIDE  SUCH  PERSON  WITH  NOTIFICATION OF THEIR REMOVAL FROM THE
REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION  AND/OR  ORDER,  AND
SUCH  REMOVAL  SHALL  NOT  BE  PERFORMED BY THE DIVISION UNTIL THE FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
  S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN  SIXTY
DAYS  OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE EXAMINATIONS
AND  MAKE  DETERMINATIONS,  IN  ACCORDANCE  WITH  SECTION  ONE   HUNDRED
SIXTY-NINE-F  OF  THIS  ARTICLE,  TO  DETERMINE WHAT TERRORISTS SHALL BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI-
NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER
NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY  PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  S  169-H.  REGISTRATION  AND  VERIFICATION OF TERRORISTS. 1.  DUTY AND
OBLIGATION TO REGISTER AND VERIFY. ANY PERSON  ADDED  TO  THE  NEW  YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED  SIXTY-NINE-F  OF  THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE
DUTY AND OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL  FURTHER  BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION  AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS
ARTICLE.
  2. SPECIFIC DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED  TO  THE  NEW
YORK  STATE  TERRORIST  REGISTRY  BY THE DIVISION SHALL BE REQUIRED, AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
  (A) REGISTER UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION FORM, CONTAINING ALL THE REQUIRED  REGISTRATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C)  UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH
PREVIOUSLY TAKEN, IN ACCORDANCE WITH  SUBDIVISIONS  THREE  AND  FIVE  OF
SECTION  ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH
SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF  THIS
ARTICLE,  APPEAR  TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
  (D) UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, WITHIN THE TIMES, AND AT  THE  LOCATIONS,  REQUIRED
PURSUANT TO THIS ARTICLE;
  (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
APPEAR  TO,  AND  SUBMIT  TO  A  DNA  SAMPLE  TAKEN BY THE SPECIFIED LAW

S. 3464--B                         16

ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (F)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
  3. CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE  NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
  5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
  S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:

S. 3464--B                         17

  (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
  (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
FORM, ADD SUCH PERSON  TO  THE  REGISTRY  AND  FORWARD  THE  INFORMATION
COLLECTED  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
  (III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST  THAT  WITHIN  FIVE
CALENDAR  DAYS,  SUCH  TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND  CORRECTIONAL
ALTERNATIVES,  TO  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
  (IV) FROM THE COMPLETED  STANDARDIZED  REGISTRATION  FORM,  THE  COURT
SHALL  PLACE  UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED
TO THE NEW YORK STATE TERRORIST REGISTRY,  AND  THE  ADDRESS  WHERE  THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
  (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION,  SHALL  BE  ADDED  BY  THE DIVISION TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL REGISTER WITH THE  DIVISION,  AND  PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL  PHOTOGRAPH,  IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.    IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS  ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE SUPREME
COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF  THE  INVESTIGATION
BY  MAILING  A  COPY  OF  THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH
PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH
EXAMINATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE  DIVISION
OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES, PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR  FACILITATING
A  TERRORIST  ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD  SUCH  PERSON  TO
THE  NEW  YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE CERTIF-
ICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE  DIVISION  SHALL  ADD
SUCH  PERSON  TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
PERSON  WITH  NOTIFICATION  IN  ACCORDANCE  WITH  SECTION  ONE   HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  (B)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO DIRECT THE DIVISION TO ADD THE PERSON  WHO  IS  THE  SUBJECT  OF  THE
APPLICATION  TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH
DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL  HEAR
SUCH  APPEAL  WITHIN  NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE
ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE  DIVISION  IN
ACCORDANCE  WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM
THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY  MAY  ALSO
APPEAL  SUCH  DECISION  AND/OR  ORDER. AN APPEAL OF SUCH DECISION AND/OR
ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME  WOULD
BE  SO  ADDED  SHALL  GO,  AS OF RIGHT, TO THE APPELLATE DIVISION IN THE
DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON  DOES  NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-

S. 3464--B                         18

MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS  OF  THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING
THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION,  WHICHEVER  IS
EARLIER.
  3.  APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST  REGISTRY  MAY  SEEK  AN
ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE  IN  THE  STATE  OF  NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
  (A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN  ORDER  TO
REMOVE  THE  REGISTRANT  AND  THEIR  INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
  (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
  (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
  (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
  (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
  (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME  COURT
FINDS  THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW  YORK  STATE
TERRORIST  REGISTRY,  THE  DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH  NOTIFICATION  OF  THEIR  REMOVAL
FROM THE REGISTRY.
  (C)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A  PERSON  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL  HEAR  SUCH  APPEAL
WITHIN  NINETY  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON  FROM  THE  REGISTRY,
WHICHEVER  IS EARLIER.   WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY,  SUCH  REMOVAL  SHALL
NOT  BE  PERFORMED  BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM  THE  COURT
DENIES  A  PETITION  TO  HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE  DEPARTMENT  IN  WHICH
SUCH  PERSON  SO  RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE  THIRD  DEPARTMENT,  WHICH  SUCH
APPELLATE  DIVISION  SHALL  HEAR  SUCH  APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF  THE  ORDER  DENYING  THE  PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
  S  169-J.  RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST.  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,
AS  DEFINED  IN  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED  IN

S. 3464--B                         19

SUBDIVISION  EIGHTEEN  OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING,  BUT  NOT
LIMITED  TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF  THE  TERRORIST,  AND
THE  DATE  OF  EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
TAINED BY THE CONFINEMENT ENTITY.  THE  NOTIFICATION  REQUIRED  BY  THIS
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST  AFTER  THE  EFFECTIVE  DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE  DATE  OF  SUCH
CUSTODY OF SUCH TERRORIST.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
IN SUBDIVISION EIGHTEEN OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF  THIS
ARTICLE,  SHALL  INFORM  SUCH  TERRORIST OF THEIR DUTY AND OBLIGATION TO
REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN  A  FORM  AND
MANNER  PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
CONFINEMENT ENTITY, TO PROVIDE, OR  THE  FAILURE  OF  THE  TERRORIST  TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION  UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR  TO  THE
RELEASE,  DISCHARGE,  PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
OTHER RELEASE, OF THE TERRORIST, FROM THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY,  BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE,  PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS  SUBDIVISION,  THE  CONFINEMENT  ENTITY  SHALL PROVIDE AN EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
  3. REGISTRATION AT  THE  FACILITY.  IMMEDIATELY  AFTER  PROVIDING  THE
TERRORIST  WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT  EVERY  TERRORIST  IN
THEIR  CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN  SUBDIVISION
ONE  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE  SUCH  PACKET  READ  AND
EXPLAINED  TO  THE  TERRORIST,  AND  AFTER SUCH READING AND EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
TION PHOTOGRAPH;
  (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4.  FAILURE  OF  A  TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
RELEASE, DISCHARGE, PAROLE,  RELEASE  TO  POST-RELEASE  SUPERVISION,  OR
PROVIDE  ANY  OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
SION THREE OF THIS SECTION.
  5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF

S. 3464--B                         20

THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR

S. 3464--B                         21

PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
VISION OR PROBATION.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED  BY  THE  DIVI-
SION.  THE  FAILURE  OF  THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE  FAILURE  OF
THE  TERRORIST  TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR  OBLIGATION  UNDER  THIS  ARTICLE.  THE  NOTIFICATION
REQUIRED  BY  THIS  SUBDIVISION  SHALL  TAKE  PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL  ALTERNATIVES  IS
UNABLE  TO  NOTIFY  THE  TERRORIST  AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
  3.  REGISTRATION  BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH  THE
NOTIFICATION  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PRESENT  EVERY  TERRORIST,  AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION  OR
PROBATION,  WHO  HAS  NOT  PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED  IN  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH  PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
TION PHOTOGRAPH;
  (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR  THE
OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT  PREVIOUSLY  REGISTERED  WITH
THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN  INITIAL  PHOTO-
GRAPH,  A  COMPLETE  SET  OF  FINGERPRINTS,  AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION.  THE  COLLECTION  BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-

S. 3464--B                         22

GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA  SAMPLE,  FROM  THE
TERRORIST,  IN  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF THE
INITIAL PHOTOGRAPH, THE  COMPLETE  SET  OF  FINGERPRINTS,  AND  THE  DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY  SUPERVISION,
THE  ONE  HUNDRED  DOLLAR  FEE  REQUIRED PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY  TO  APPEAR  BEFORE  SUCH  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION FOR THE PURPOSE OF PROVIDING A
CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH
LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6. RECORDING OF ADDRESS.  UPON  THE  COMPLETION  OF  THE  STANDARDIZED
REGISTRATION  FORM  BY  THE  TERRORIST,  THE DEPARTMENT OR THE OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  IMMEDIATELY  RECORD  FROM
SUCH  STANDARDIZED  REGISTRATION  FORM,  THE ADDRESS WHERE THE TERRORIST
EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR  DISCHARGE  FROM  COMMUNITY
SUPERVISION  OR  PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION  FORM  TO
THE  TERRORIST,  MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
THE CONFINEMENT ENTITY'S OWN  RECORDS,  AND  SHALL  FURTHER  IMMEDIATELY
TRANSMIT  TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, THE DEPARTMENT OR THE  OFFICE  OF  PROBATION  AND  CORRECTIONAL
ALTERNATIVES  SHALL  IMMEDIATELY  TRANSMIT  TO THE DIVISION, THE INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
  9. CONVICTION DATA AND PERSONAL INFORMATION. AT  ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE  DIVISION  MAY REQUEST, AND THE
DEPARTMENT OR THE OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE  CONVICTION  DATA  AND  PERSONAL  INFORMATION  OF  ANY TERRORIST, AS
DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL INFORMATION  OF  THE  TERRORIST,  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED  STATE  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-L.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE  VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
  S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
NOTIFY  DIVISION  OF  CHANGE  OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION

S. 3464--B                         23

FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY  TERRORIST
ADDED  TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY  THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF  HIS  OR  HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF  RESI-
DENCE,  EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
  2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE  OF
ADDRESS  BY  A  TERRORIST  REQUIRED  TO  REGISTER UNDER THIS ARTICLE, IN
ACCORDANCE WITH SUBDIVISION ONE OF  THIS  SECTION,  THE  DIVISION  SHALL
IMMEDIATELY  NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION
OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR  PLACE  OF  EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
  3.  REQUIREMENTS  OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO  THE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
  4.  NOTIFICATION  OF  OTHER  JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE  NEW  PLACE
OF RESIDENCE.
  S 169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF INFORMATION WITH
NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS

S. 3464--B                         24

WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND
SECURITY  AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN CONSULTA-
TION WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES  AND
THE  DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED ON
THE NEW YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE  WHETHER  THE
DISCLOSURE  OF  ANY PARTICULAR INFORMATION CONTAINED ON THE REGISTRY MAY
CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY  OF  THE  STATE  OF  NEW
YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON
A  DETERMINATION  THAT  ANY  PARTICULAR  INFORMATION  NEEDS TO BE DEEMED
SECURE, THE DIVISION SHALL REMOVE SUCH SECURE  INFORMATION  FROM  PUBLIC
ACCESSIBILITY,  INCLUDING  EXEMPTING  SUCH INFORMATION FROM THE REQUIRE-
MENTS OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION  ONE
HUNDRED  SIXTY-NINE-R  OF THIS ARTICLE, OR PROVIDING OF SUCH INFORMATION
THROUGH THE SPECIAL TELEPHONE NUMBER  IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED  SIXTY-NINE-Q  OF  THIS  ARTICLE.  ANY INFORMATION DEEMED SECURE
PURSUANT TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE  PROVISIONS  OF
THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
  4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, THAT
PARTICULAR INFORMATION SHALL BE DEEMED SECURE, PURSUANT  TO  SUBDIVISION
THREE  OF  THIS  SECTION,  PREVENT THE DIVISION FROM SHARING SUCH SECURE
INFORMATION WITH ANY ENTITY  IDENTIFIED  FOR  THE  REGISTRY  INFORMATION
SHARING  PURSUANT  TO  THIS  SECTION, BUT THE DIVISION MAY PLACE SHARING
RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED BY  THE  DIVISION
OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES, WHEN SHARING SUCH SECURE
INFORMATION WITH OTHER AUTHORIZED SHARING ENTITIES, IN  ACCORDANCE  WITH
SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI-
ATE DISCLOSURE OF SUCH SECURE INFORMATION.
  S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION.  THE  DIVISION,  PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,
THE  CONFINEMENT  ENTITY,  OR  THE DEPARTMENT OR OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH  SECURE  CUSTODIAL  COLLECTION  OF  THE DNA SAMPLE AND FINGERPRINTS
COLLECTED FROM THE TERRORIST, AND SHALL MAKE  AVAILABLE  AN  INFORMATION
PACKET  TO  EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE  DEPARTMENT  AND  THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2.  SECURE  CUSTODIAL  TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
SECTION, SHALL PROVIDE FOR THE SECURE  CUSTODIAL  TRANSFER  OF  THE  DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION,  THE  CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
PROBATION  AND  CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE   WITH   THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF  STATE  POLICE,  AND/OR  ANY  OTHER  APPROVED DNA ANALYSIS ENTITY, AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
  3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE  DIVISION,  PURSUANT
TO  THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY
HAVING  JURISDICTION,  THE  CONFINEMENT  ENTITY,  THE DEPARTMENT, OR THE

S. 3464--B                         25

OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES,  IN  ACCORDANCE  WITH
THE  PROVISIONS  OF  THIS  ARTICLE,  TO THE LABORATORY MAINTAINED BY THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY,  AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
  4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER  PROVIDE
FOR  THE  SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING  OF  FEES.    THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
  (A)  CHARGE  A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
  (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A  TERRORIST  REGISTERS  ANY
CHANGE OF ADDRESS; AND
  (C)  CHARGE  A  FEE  OF  TEN  DOLLARS EACH TIME A TERRORIST APPEARS TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
  2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER  PRESCRIBED
BY THE DIVISION.
  3.  WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION,  OR  MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
  4.  DEPOSIT  AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO  THE
GENERAL FUND.
  S  169-Q.  SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF  THE  PUBLIC  MAY  CALL
FREE  OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK  STATE  TERRORIST
REGISTRY,  AND  TO  OBTAIN  PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
RESPECT TO SUCH TERRORIST.
  2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED  FOR
IN THIS SECTION, THE DIVISION SHALL:
  (A)  ASK  THE  CALLER  FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
WOULD LIKE TO OBTAIN INFORMATION.
  (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED  INDI-
VIDUAL  REASONABLY  APPEARS  TO  BE A PERSON LISTED ON THE REGISTRY, THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
  (I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER,  IF  ANY,  OF
THE TERRORIST;
  (II)  THE  DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
  (III) THE DATE OF BIRTH OF THE TERRORIST;
  (IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION  NUMBER  OF
THE TERRORIST;
  (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
  (VI)  THE  CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
  (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;

S. 3464--B                         26

  (IX) ANY DISTINCTIVE MARKINGS  OR  THE  ETHNICITY  OF  THE  TERRORIST;
AND/OR
  (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
  (C)  UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO
BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY  BASED  UPON
THE  INFORMATION  PROVIDED  FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH
(B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING  INFORMA-
TION:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (IV)  IF  THE  TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
IST'S PLACE OF EMPLOYMENT;
  (V) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VI)  BACKGROUND  INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
  (D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE  CALLER,  A  RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
  (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
  (III)  THAT  THE  CALLER  SHALL  BE REQUIRED TO PROVIDE THEIR NAME AND
ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN  A  WRITTEN
RECORD;
  (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
  (V)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
  (VI)  THAT  THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION  REGARDING
THE  INDIVIDUAL  ABOUT  WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
POSITIVE IDENTIFICATION OF THAT PERSON;
  (VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT  A  CRIME  HOTLINE  AND
THAT  ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
  (VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE  A  DESCRIPTION
OF  THE  LAW  PERTAINING  TO  THE  NEW YORK STATE TERRORIST REGISTRY, IS
AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING,  BY
MAIL, UPON REQUEST FROM THE DIVISION.
  3.  MISUSE  OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED  IN
A  PATTERN  OR  PRACTICE  OF MISUSE OF THE SPECIAL 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 APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER  OR  OTHER  ORDER
AGAINST  THE  PERSON  OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR
PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE  INDEPENDENT  OF
ANY  OTHER  REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS

S. 3464--B                         27

SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
MORE THAN ONE THOUSAND DOLLARS.
  4.  REPORT  OF  CALL  ACTIVITY.   THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING  COMMIT-
TEE  ON  GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF THE TELEPHONE
NUMBER, AND SUCH 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 RESULTED IN AN AFFIRMATIVE RESPONSE AND
THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D)  A  SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS  THE  DIVISION  SHALL
DEEM RELEVANT;
  (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED  PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
  (F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE  THE  SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
  5.  SECURE  INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY  INFORMATION  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF  THIS
ARTICLE.
  6.  ADVERTISEMENT  OF  SPECIAL  TELEPHONE  NUMBER.  THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE  SPECIAL  TELEPHONE  NUMBER  ESTAB-
LISHED  PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE  OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-R.  INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
  (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
  (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VII)  BACKGROUND  INFORMATION  ON  THE  TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
  (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND

S. 3464--B                         28

  (C) BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE  DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING  ON  THE  OFFICIAL HOMEPAGE OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES.
  2.  AUTOMATED  E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE  TERRORIST  REGISTRY,  IN  THE
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE  OR  ENTITY  OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE  LIMITED  TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  3.  NO  CHARGE  FOR  THE  USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY  NOR  FOR  THE  RECEIPT  OF
E-MAIL NOTIFICATIONS.
  4.  MISUSE  OF  THE  INTERNET  DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
THE  DIRECTORY  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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-S. 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  STATE,  LOCAL  AND/OR  FEDERAL
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 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF

S. 3464--B                         29

THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM  ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE CONCERNING THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER  WITH  ANY
RECOMMENDATIONS  THE  DIVISION MAY HAVE TO FURTHER ENHANCE THE INTENT OF
THIS ARTICLE.
  S 169-U. PENALTY. ANY TERRORIST REQUIRED TO REGISTER,  OR  TO  PROVIDE
INFORMATION  OR  SUPPLEMENTAL  INFORMATION, OR VERIFICATION, PURSUANT TO
THE PROVISIONS OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR  TO  PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY  OF  A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR  SUPPLEMENTAL
INFORMATION,  OR  VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE, 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 REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
  S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION CONTAINED IN THE NEW YORK  STATE  TERRORIST  REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
  S  169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL GOVERN-
MENTS. ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR  COMPLIANCE
WITH  THE  PROVISIONS  OF  THIS  ARTICLE, MAY MAKE AN APPLICATION TO THE
STATE COMPTROLLER  FOR  REIMBURSEMENT  OF  SUCH  COST.  APPLICATION  FOR
REIMBURSEMENT  FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER AS
REQUIRED BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY  SUCH
A  LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH HAS
BEEN VERIFIED BY THE STATE COMPTROLLER AS HAVING BEEN  INCURRED  BY  THE
LOCAL  GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAA OF THE  STATE  FINANCE
LAW,  FOLLOWING  APPROPRIATION  BY THE LEGISLATURE AND ALLOCATION BY THE
DIRECTOR OF THE BUDGET.
  2. STATE AGENCY. ANY STATE AGENCY, WHICH HAS  INCURRED  ANY  COST  FOR
COMPLIANCE  WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN APPLICATION
TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE
IN SUCH STATE AGENCY'S BUDGET,  IN  DIRECT  RELATION  TO  SUCH  COST  SO
INCURRED.  APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET, IN
DIRECT RELATION TO SUCH COST INCURRED, SHALL BE IN THE FORM  AND  MANNER
AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE
STATE  COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED BY
THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR-
IZED BY THIS SUBDIVISION, SHALL BE  IN  DIRECT  RELATION  TO  SUCH  COST
INCURRED  BY  SUCH STATE AGENCY, AND SHALL BE CHARGED FROM THE TERRORIST
REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-AAAA OF THE STATE FINANCE LAW, FOLLOWING APPROPRIATION  BY  THE
LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET.
  3.  NOTIFICATION  OF THE GOVERNOR AND THE LEGISLATURE.  NOT LATER THAN
THE FIRST DAY OF MARCH, THE STATE COMPTROLLER AND THE  DIRECTOR  OF  THE
BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND  THE  SPEAKER  OF  THE  ASSEMBLY, OF THE FISCAL AMOUNTS REQUESTED IN
APPLICATIONS FOR REIMBURSEMENT FOR COSTS INCURRED BY  LOCAL  GOVERNMENTS
UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN  STATE  AGENCIES'  BUDGETS  UNDER  THIS  SECTION, DURING THE PREVIOUS

S. 3464--B                         30

TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL  GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
  S  169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 5. The penal law is amended by adding a new section 490.23  to  read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
           REGISTRY.
  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT  TO  ARTICLE
SIX-D  OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO ARTICLE SIX-D OF THE CORRECTION LAW, OR  FAILS  TO  PROVIDE  REQUIRED
INFORMATION,  OR  SUPPLEMENTAL  INFORMATION, OR VERIFICATION AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
  FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
  S 6. The state finance law is amended by adding a new section  97-aaaa
to read as follows:
  S  97-AAAA.  TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT.  1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND  FINANCE  A  FUND  TO  BE
KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT".
  2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF:
  (A)  MONIES  RECEIVED  BY  THE  STATE PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW;
  (B) MONIES RECEIVED BY THE STATE  AND  DIRECTED  TO  BE  PAID  TO  THE
ACCOUNT UPON ORDER OF ANY COURT OF:
  (I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK;
  (II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR
  (III)  THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE UNIFORM
CODE OF MILITARY JUSTICE, AND
  (C) ALL OTHER MONIES, FEES, FINES, GRANTS, BEQUESTS  OR  OTHER  MONIES
CREDITED,  APPROPRIATED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE.
  3. MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,  FOLLOW-
ING  APPROPRIATION  BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF
THE BUDGET, SHALL BE MADE AVAILABLE  FOR  LOCAL  GOVERNMENTS  AND  STATE
AGENCIES  PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION
LAW.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S3464C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6129C
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §§719 & 233, Exec L; add Art 6-D §§169-a - 169-x, Cor L; add §490.23, Pen L; add §97-aaaa, St Fin L

S3464C (ACTIVE) - Bill Texts

view summary

Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.

view sponsor memo
BILL NUMBER: S3464C

TITLE OF BILL : An act to amend the executive law, the correction
law, the penal law, and the state finance law, in relation to the
establishment of the New York state terrorist registry

PURPOSE OR GENERAL IDEA OF BILL : This bill would amend the
executive law, the correction law, the penal law, and the state
finance law, to the establish the New York State Terrorist Registry.

SUMMARY OF SPECIFIC PROVISIONS :

Summary of Provisions: This bill would:

* Create a new section 719 of the executive law to provide for sharing
of the terrorist registry information between the Division of Criminal
Justice Services - DCJS (the keeper of the registry) and the Division
of Homeland Security and Emergency Services - DHSES;

* Create a new section 232 of the executive law to provide for sharing
of the terrorist registry information between DCJS and the Division of
State Police;

* Create a new Article 6-D of the correction law to establish a New
York State Terrorist Registry for Terrorists who live, work or attend
an educational institution in New York State, based upon the model of
Registration of Sex Offenders (Megan's Law - Article 6-C of the
correction law);

* Create a new section 490.23 of the penal law, to establish the new
crime of failing to register or provide verification information for
the New York State Terrorist Registry; and

* Create a new section 97-aaaa of the state finance law, to establish
the Terrorist Registry Funds Management Account, to provide for the
collection of fees from the New York State Terrorist Registry program
and to provide a fund to reimburse local governments and state
agencies for their costs associated with administering the program.

PURPOSE OF THE BILL : Pursuant to the legislative intent of the
bill, the purpose would of this act would be:

"to monitor those individuals, who have demonstrated through their
past actions, that they would commit an act of terrorism, so that
through such monitoring, such persons will be discouraged and/or
prevented from committing any new acts of terrorism, against the
people and property of the state of New York."

TERRORIST REGISTRY :

Specifically, the terrorist registry established pursuant to the new
article 6-D, created by this bill would add 23 new sections to the
correction law, in a very similar legal construct to Megan's law.

Such registry would:

*Register Terrorists:

-Convicted of a state or federal crime of terrorism, or

-Who have committed a "Verifiable Act of Terrorism" causing the
federal government to take concordant responsive action;

*Contain Information on Terrorists who live, work or attend school in
New York State, including:

-Personal-biographical information;

-Forensic information (DNA, fingerprints and annual photograph);

-Incident information (on the terrorist's past acts);

-Employment information (which also includes educational information
for students); and

-Verification information;

*Be assembled and maintained by DCJS, in cooperation with other
government agencies;

*Have non confidential information available to the public via a DCJS
website and phone number;

*Have confidential information available to government certain
agencies, such as the state police, FBI, DHSES and United States
Department of Homeland Security; and

*Would be financed by fees collected from registrants

OPERATION OF THE REGISTRY :

This bill would require DCJS to assemble and maintain the New York
State Terrorist Registry. Pursuant to its terms:

*DCJS would be required to work with other state and federal agencies
to assemble a list of persons ("terrorists") who have ever committed a
state or federal crime of terrorism, or who have ever committed a
"Verifiable Act of Terrorism" that caused the federal government to
obtain a conviction or concordant administrative determination, and
examine and determine which of such terrorists are, or will be,
residing, working or attending an educational institution in New York;

*DCJS would be further required to add such terrorists to the New York
State Terrorist Registry, and send such persons a standardized
registration packet, that DCJS must produce, which notifies the
terrorist of their obligation to register and verify, and provides for
the collection of all the necessary registry information;

* Upon being added to the registry, the terrorist would be required to
complete and sign the standardized registration form, and appear
either before their confinement entity (such as the Department of
Corrections) or if they are not incarcerated, before the law
enforcement agency having jurisdiction (such as their local police
department) to submit to a photograph, fingerprinting and DNA test;
and

* DCJS would be additionally required to review the information
gathered on the terrorist, and in consultation with DHSES and the
state police, determine what of such information should be kept
confidential for security reasons, and then provide for the public
accessibility of such non confidential information (as enumerated by
the bill) by means of a posting of the registry on the DCJS website
and by means of a public caller telephone service, with all
information deemed secure not being disclosed.

JUDICIAL REVIEW : Any terrorist who wishes to have their name
removed from the registry can make an application before the supreme
court of the county of residence, or if they are not a resident of New
York, before the supreme court of the county of Albany.

FAILURE TO REGISTER AND/OR VERIFY : Any person who fails to
register, provide the necessary registration information to DCJS, or
fails to provide the necessary verification information to DCJS would
be guilty of a violation of § 490.23 of the penal law, which would be
a class A-I felony.

JUSTIFICATION : This bill would require terrorists convicted of a
state or federal crime of terrorism, or who have committed a
"Verifiable Act of Terrorism" causing the federal government to take
concordant, responsive action, to register with the Division of
Criminal Justice Services, and have their non confidential information
made publicly available.

Based upon the highly successful construct of New York's Sexual
Offender Registration Act (Megan's Law) this bill seeks to monitor
those individuals, who have demonstrated through their past actions,
that they would commit an act of terrorism, so that through such
monitoring, such persons will be discouraged and/or prevented from
committing any new acts of terrorism, against the people and property
of the state.of New York.

Any effective government program to combat terrorism must require
prevention, response and recovery. None of these elements is more
important than prevention. The same proven strategy of registering
convicted sexual predators to protect children can be equally applied
to register convicted terrorists to protect all the people of the
state.

Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria
(ISIS) have demonstrated their relentless, ferocious brutality over
and over again They have repeatedly stated that they wish to see
continued terrorist attacks in America and New York State. This bill
would respond to New York State's first obligation as a government, to
provide public protection for its citizens, and to do such in a manner
that maintains essential freedoms and civil liberties of all people.

Persons would be added to the New York State Terrorist Registry only
after their past conduct resulted in a conviction for crime of
terrorism or a federal action taken against them for committing a
verifiable act of terrorism. Registrants can petition to the supreme
court to have their name removed if such court finds that
circumstances so justify the removal. The registration and
verification is neither over-burdensome nor complex. Like the proven
effectiveness of Megan's law, this bill would provide state and
federal authorities with a powerful new tool to prevent future
terrorist attacks, as well as provide terrorists with a serious
disincentive to commit another act of terrorism within New York State.

PRIOR LEGISLATIVE HISTORY : This is a new bill.

FISCAL IMPLICATIONS : None noted.

EFFECTIVE DATE : This act would take effect on the first of November
next succeeding the date on which it shall have become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3464--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced by Sens. CROCI, ADDABBO, FELDER, AMEDORE, BOYLE, DeFRANCISCO,
  FARLEY,  FLANAGAN, FUNKE, GRIFFO, LARKIN, LAVALLE, LITTLE, MARCELLINO,
  MARCHIONE,  MARTINS,  MURPHY,  NOZZOLIO,  O'MARA,  ORTT,  RANZENHOFER,
  ROBACH,  SERINO,  YOUNG  --  read  twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- reported favorably from said committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted  to  the  Committee on Veterans, Homeland Security and Military
  Affairs in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the executive law, the correction law, the penal law,
  and the state finance law, in relation to the establishment of the New
  York state terrorist registry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state terrorist registry act".
  S 2. The executive law is amended by adding a new section 719 to  read
as follows:
  S  719.  TERRORIST REGISTRY INFORMATION SHARING. 1.  UPON REQUEST, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
TY  AND  EMERGENCY SERVICES, AND THE PROVISION OF SUCH INFORMATION SHALL
BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES MAY SO REQUEST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09044-09-6

S. 3464--C                          2

  2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
TIONAL  INFORMATION  NOT PREVIOUSLY PROVIDED TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
  3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
PROVIDE THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  WITH  ANY  AND  ALL
INFORMATION  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
ORDER TO MAINTAIN AN ACCURATE AND COMPLETE  REGISTRATION  OF  TERRORISTS
PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
  S  3. The executive law is amended by adding a new section 233 to read
as follows:
  S 233.  TERRORIST REGISTRY INFORMATION SHARING. 1. UPON  REQUEST,  THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION  OF  STATE  POLICE,
AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
THE DIVISION OF STATE POLICE MAY SO REQUEST.
  2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
POLICE.
  3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
REQUEST.
  S 4. The correction law is amended by adding a new article 6-D to read
as follows:
                               ARTICLE 6-D
                           TERRORIST REGISTRY
SECTION 169-A. LEGISLATIVE FINDINGS.
        169-B. DEFINITIONS.
        169-C. DUTIES OF THE DIVISION.
        169-D. REGISTRATION INFORMATION.
        169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
                 VERIFICATION FORMS.
        169-F. EXAMINATION OF POTENTIAL REGISTRANTS.
        169-G. INITIAL ASSEMBLY OF THE REGISTRY.
        169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
        169-I. DUTIES OF THE COURT.
        169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
                 DISCHARGE OF A TERRORIST.
        169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
                 PROBATION.
        169-L. DURATION OF REGISTRATION AND VERIFICATION.
        169-M. NOTIFICATION OF CHANGE OF ADDRESS.
        169-N. REGISTRY INFORMATION SHARING.
        169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
        169-P. REGISTRY AND VERIFICATION FEES.
        169-Q. SPECIAL TELEPHONE NUMBER.

S. 3464--C                          3

        169-R. INTERNET DIRECTORY.
        169-S. IMMUNITY FROM LIABILITY.
        169-T. ANNUAL REPORT.
        169-U. PENALTY.
        169-V. UNAUTHORIZED RELEASE OF INFORMATION.
        169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
        169-X. SEPARABILITY.
  S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC
PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
ATTACKS.
  THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE  A
PROGRAM  TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR  AS
AN  IRREPLACEABLE,  FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE  DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE  LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY  THIS  ARTICLE,  IS  TO
MONITOR  THOSE  INDIVIDUALS,  WHO  HAVE  DEMONSTRATED THROUGH THEIR PAST
ACTIONS, THAT THEY WOULD COMMIT AN ACT OF  TERRORISM,  SO  THAT  THROUGH
SUCH  MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  S 169-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS SHALL APPLY:
  1.  "TERRORIST"  MEANS  ANY  PERSON  WHO IS CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS  SECTION,  AND/OR  WHO  HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
  2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
  (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (B)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE  ESSENTIAL  ELEMENTS  OF  ANY
OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
  (C)  SET  FORTH  IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
(F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203,  1362,  1363,  1366,
1751,  1992,  1993,  2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR  2339D  OF
TITLE 18 OF THE UNITED STATES CODE;
  (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
  (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
  (F)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
FOREIGN COUNTRY, OF ANY OFFENSE WHICH  INCLUDES  ALL  OF  THE  ESSENTIAL
ELEMENTS  OF  ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
THIS SUBDIVISION.
  3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY  A  PERSON
OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:

S. 3464--C                          4

  (A)  CONVICTED  BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
  (B)  CONVICTED  BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES IN
VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
  (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
STATES, ANY OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES,  OR  ANY
CONTRACTOR  OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
THE GOVERNMENT OF THE UNITED STATES TO  MAKE  SUCH  DETENTIONS,  UPON  A
DETERMINATION  THAT  SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
TANT OR AN ILLEGAL ENEMY COMBATANT;
  (D) DEPORTED OR TRANSPORTED, TO  A  COUNTRY,  OTHER  THAN  THE  UNITED
STATES,  BY  THE  GOVERNMENT  OF THE UNITED STATES, OR ANY DEPARTMENT OR
AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST  ACTIV-
ITIES,  OR  THE  HARBORING,  SUPPORT  AND/OR  PROMOTION OF TERRORISTS OR
TERRORIST ACTIVITIES; OR
  (E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF  HOMELAND  SECURITY,
THE  UNITED  STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR  ANY  OF  ITS  ARMED
SERVICES,  THE  UNITED  STATES  CENTRAL  INTELLIGENCE AGENCY, AND/OR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS  A  PERSON  WHO  HAS
COMMITTED  A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
ZENS, AND/OR WHO IS A MEMBER  OF  A  DESIGNATED  TERRORIST  ORGANIZATION
PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
  4.  "TERRORIST  INCIDENT"  MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION  TWO  OF
THIS  SECTION,  OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
  5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY  IN
WHICH  THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
HER DISCHARGE, PROBATION, PAROLE, RELEASE TO  POST-RELEASE  SUPERVISION,
OR  UPON  ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
OR
  (B) IF THE TERRORIST DOES NOT RECEIVE  DISCHARGE,  PROBATION,  PAROLE,
RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
OR  LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
  (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
  (D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN  SUCH  VILLAGE,  TOWN,
CITY OR COUNTY, THE DIVISION OF STATE POLICE.
  6.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  7. "DEPARTMENT" MEANS THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  AS  DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
FIVE, OF THIS CHAPTER.
  8. "OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES"  MEANS  THE
OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED IN
SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
  9. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.

S. 3464--C                          5

  10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  11.  "PROBATION"  MEANS  A  SENTENCE  OF PROBATION IMPOSED PURSUANT TO
ARTICLE SIXTY-FIVE OF THE PENAL LAW AND  SHALL  INCLUDE  A  SENTENCE  OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  12.  "INTERNET  ACCESS  PROVIDER"  MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND  COMMU-
NICATIONS  FACILITY  THROUGH  WHICH  A CUSTOMER MAY OBTAIN ACCESS TO THE
INTERNET.
  13. "INTERNET SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
OTHER  ENTITY  ENGAGED  IN  THE BUSINESS OF PROVIDING TELECOMMUNICATION,
CABLE AND/OR BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE  ON,  THE
INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
  14.  "INTERNET  IDENTIFIERS"  MEANS  ANY ELECTRONIC MAIL ADDRESSES AND
DESIGNATIONS USED FOR THE PURPOSES OF CHAT,  INSTANT  MESSAGING,  SOCIAL
NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
  15.  "CELLULAR  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE  OR
DEVICE  SERVICE  THROUGH  WHICH  A  CUSTOMER MAY MAKE CELLULAR TELEPHONE
CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT  PROVIDES  ONLY  LAND
LINE OR CABLE TELECOMMUNICATIONS SERVICES.
  16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
  17. "REGISTRANT" MEANS A TERRORIST, THAT UPON EXAMINATION, PURSUANT TO
SECTION ONE HUNDRED SIXTY-NINE-F  OF  THIS  ARTICLE,  THE  DIVISION  HAS
DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
YORK STATE TERRORIST REGISTRY.
  18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR  ANY  OTHER  OFFICE,
AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
CORRECTIONAL  FACILITY,  HOSPITAL,  LOCAL  CORRECTIONAL FACILITY, OR ANY
OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS  DEFINED
IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
  S  169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE DIVISION
SHALL ESTABLISH AND MAINTAIN  AN  INFORMATION  FILE  ON  ALL  TERRORISTS
REQUIRED  TO  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
SHALL INCLUDE ALL THE INFORMATION  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-NINE-D  OF  THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
STATE TERRORIST REGISTRY.
  2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY  TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE,  OR  THE  DIVI-
SION'S  FAILURE  TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
OBLIGATION REQUIRED BY THIS ARTICLE.
  3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT EXAMINATIONS  TO
DETERMINE  WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY, AND
UPON SUCH EXAMINATIONS AND DETERMINATIONS, IN  ACCORDANCE  WITH  SECTION
ONE  HUNDRED  SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERRORISTS TO
THE NEW YORK STATE TERRORIST REGISTRY.
  4. EXAMINATIONS OF POTENTIAL REGISTRANTS. THE DIVISION, IN  ACCORDANCE
WITH  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE REGU-

S. 3464--C                          6

LAR EXAMINATIONS TO DETERMINE WHAT TERRORISTS  SHALL  BE  ADDED  TO  THE
REGISTRY.
  5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
TION  INFORMATION  FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A  PERSONAL-
IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  6.  STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
A STANDARDIZED VERIFICATION INFORMATION FORM, A  PERSONALIZED  VERIFICA-
TION  FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL  PROVIDE  FOR
THE  REGISTRATION  AND  VERIFICATION OF TERRORISTS ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY.
  8. NOTIFICATION OF  CHANGE  OF  ADDRESS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR THE
NOTIFICATION OF LAW ENFORCEMENT AGENCIES  HAVING  JURISDICTION,  WHEN  A
REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
  9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED  SIXTY-NINE-N  OF  THIS  ARTICLE, IS AUTHORIZED TO SHARE THE NEW
YORK STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED  THERE-
IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
  10.  SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF  STATE  POLICE,
SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
MINE  WHETHER  THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF  THE
STATE  OF  NEW  YORK,  AND  UPON SUCH DETERMINATION THAT SUCH PARTICULAR
INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION  SHALL  REMOVE  SUCH
SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
  11.  DNA  CUSTODY  AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-O OF THIS ARTICLE,  SHALL  PROVIDE  FOR  THE  SECURE,
CUSTODIAL  TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT, FOR
THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH  DNA  SAMPLE,  AND  SHALL
FURTHER  PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE  DNA  IDEN-
TIFICATION   INDEX,   MAINTAINED   PURSUANT   TO  SECTION  NINE  HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW.
  12. FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,  OR
ANOTHER  APPROVED  FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND  ANALYSIS  OF  SUCH  FINGER-
PRINTS.
  13.  REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO  CHARGE
REGISTRATION  AND  VERIFICATION  FEES  TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH  THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.

S. 3464--C                          7

  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A  SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
  15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
  S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-H
OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
REGISTRANT:
  1. PERSONAL INFORMATION, INCLUDING:
  (A) THE TERRORIST'S NAME;
  (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
  (C) THE DATE OF BIRTH OF THE TERRORIST;
  (D) THE SEX OF THE TERRORIST;
  (E) THE RACE OF THE TERRORIST;
  (F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD  OF
THE TERRORIST;
  (G)  THE  NATION  OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
THE TERRORIST;
  (H) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
NUMBER OF THE TERRORIST;
  (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
  (J)  THE  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
PLACE OF DOMICILE OF THE TERRORIST;
  (K) THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER,  OF
THE TERRORIST;
  (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
ERS BELONGING TO SUCH TERRORIST;
  (M)  ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR HAS
USED; AND
  (N) ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS  WITH
CELLULAR  SERVICE  PROVIDERS  BELONGING TO THE TERRORIST, OR ANY AND ALL
CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH  CELLULAR  SERVICE
OF WHICH THE TERRORIST HAS AUTHORIZED USE;
  2. FORENSIC INFORMATION, INCLUDING:
  (A)  A  PHOTOGRAPH  OF  THE  TERRORIST,  TAKEN  IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
  (B) A COMPLETE SET OF FINGERPRINTS  OF  THE  TERRORIST,  COLLECTED  IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (C)  A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE  COMBINED
DNA  INDEX  SYSTEM  (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A
REPORT AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA  (MTDNA)
AND  Y-CHROMOSOME  DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D) A DNA ANALYSIS OF THE DNA SAMPLE  COLLECTED  FROM  THE  TERRORIST,
PERFORMED  BY  A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX  SYSTEM  (CODIS),  AND  WITH
SUCH  ANALYSIS  CAPABLE  OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)  AND  Y-CHROMOSOME  DNA  (Y-DNA),
TOGETHER  WITH  ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;

S. 3464--C                          8

  3. TERRORIST INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH  AND  EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A)  A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED,  TRANSPORTED,
OR DESIGNATED;
  (B)  THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
  (C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE  INCI-
DENT  AND  ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A  RESULT  OF  THE
INCIDENT; AND
  (D)  THE  DATE  OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED  AS  A  RESULT  OF  THE
INCIDENT,  AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
IMPOSED AS A RESULT OF THE INCIDENT;
  4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
  (A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS  TO  BE
EMPLOYED:
  (I)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
EMPLOYER;
  (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
OF EMPLOYMENT; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
  (B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO  BE
A STUDENT:
  (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
EXPECTED EDUCATIONAL INSTITUTION;
  (II)  A  COMPLETE  DESCRIPTION  OF  THE  TERRORIST'S CLASSES TAKEN, OR
EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
  (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
  5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
ING:
  (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
  (B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED  PERTINENT  BY
THE DIVISION.
  S   169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION  AND
VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE  A
NON-FORWARDABLE  REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
TION FORM, AND A STANDARDIZED REGISTRATION FORM.
  2. STANDARDIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING  THE  REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND

S. 3464--C                          9

PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  REGISTER  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
  (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
STANDARDIZED REGISTRATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO  PROVIDE  HIS  OR
HER  PHOTOGRAPH,  FINGERPRINTS  AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
AGENCY; AND
  (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE  REGISTRANT'S
RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
SION,  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND
THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
  3. PERSONALIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST  REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE  REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL  SPECIFY  THE  ADDRESS,  TELEPHONE  NUMBER  AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY.
  4. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A  STAND-
ARDIZED  REGISTRATION  FORM,  IN  CLEAR  AND  CONCISE LANGUAGE, WITH THE
PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST  REQUIRED
TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
  5.  VERIFICATION  PACKET.  THE DIVISION SHALL CREATE A NON-FORWARDABLE
VERIFICATION PACKET, WHICH SHALL CONSIST OF A STANDARDIZED  VERIFICATION
INFORMATION  FORM,  A  PERSONALIZED VERIFICATION INFORMATION FORM, AND A
STANDARDIZED VERIFICATION FORM.
  6. STANDARDIZED VERIFICATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO  PROVIDE VERIFICATION. THE STANDARDIZED
VERIFICATION INFORMATION FORM SHALL PROVIDE INFORMATION  CONCERNING  THE
REGISTRANT'S  DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION WITH
THE DIVISION;
  (B) FURTHER DUTIES AND OBLIGATIONS OF  REGISTRANTS.  THE  STANDARDIZED
VERIFICATION  INFORMATION  FORM  SHALL ALSO PROVIDE INFORMATION ADVISING
THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTICLE;
AND
  (C)  MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING  THE  MANNER  AND
PROCEDURES  THAT  A  REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE, INCLUDING:
  (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW  TO  APPEAR  BEFORE
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH  WITH  SUCH
LAW ENFORCEMENT AGENCY; AND

S. 3464--C                         10

  (III)  DETAILED  DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE  TO  THE  DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION  ONE  HUNDRED  SIXTY-NINE-P  OF  THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
  7.  PERSONALIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
CREATE A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION  INFORMATION  FORM  SHALL  FURTHER INDICATE THE DATE BY WHICH THE
REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY  HAVING  JURIS-
DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
  8.  STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
ARDIZED VERIFICATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
MATION  IDENTIFIED  IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
FROM EVERY TERRORIST REQUIRED  TO  REGISTER  WITH  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  9.  AVAILABILITY  OF  INFORMATION  AND FORMS. IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE  INFORMATION
AND FORMS AVAILABLE AS FOLLOWS:
  (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
IZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED VERIFICATION
FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,  THE
UNIFIED  COURT  SYSTEM,  THE  DEPARTMENT,  FEDERAL,  STATE AND LOCAL LAW
ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
DIVISION DEEMS APPROPRIATE;
  (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
IZED  REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
THE STANDARDIZED VERIFICATION  INFORMATION  FORM  AND  THE  STANDARDIZED
VERIFICATION  FORM,  PRODUCED  IN  ACCORDANCE  WITH THIS SECTION, ON THE
OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE  SUBMISSION  OF  A  COMPLETED
COPY  OF  SUCH  FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR  RECEIVED  BY,  THE  REGIS-
TRANT,  OR  REGARDLESS  OF  WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
ARTICLE; AND
  (C) THE DIVISION SHALL ALSO MAINTAIN A  TOLL  FREE  TELEPHONE  NUMBER,
WHICH  SHALL  BE  DISPLAYED  ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER  WITH  THE  NEW
YORK  STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR  REGISTRATION  WITH
THE  NEW  YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE  PROVIDED  IN  A
PERSONALIZED  REGISTRATION  INFORMATION FORM OR A PERSONALIZED VERIFICA-
TION INFORMATION FORM.
  10. ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS  OFFICIAL
WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
OF  LAW,  AND  THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH

S. 3464--C                         11

REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH  PARAGRAPH
(C) OF SUBDIVISION NINE OF THIS SECTION.
  11.  PURPOSE  OF  THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION  ONE
OF  THIS  SECTION,  SHALL  BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
REGISTER AS REQUIRED BY THIS  ARTICLE,  AND  TO  COLLECT  THE  NECESSARY
INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
  12.  MAILING  OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL  BE  MAILED
BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED  BY  SUBDIVISION
FIFTEEN OF THIS SECTION.
  13.  PURPOSE  OF  THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
WARDABLE VERIFICATION PACKET, CREATED  IN  ACCORDANCE  WITH  SUBDIVISION
FIVE  OF  THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S  DUTY  AND  OBLI-
GATION  TO  PROVIDE  VERIFICATION  AS  REQUIRED  BY THIS ARTICLE, AND TO
COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH  REGISTRANT  AS
REQUIRED BY THIS ARTICLE.
  14.  MAILING  OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE  MAILED
BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY  SUBDIVISION
FIFTEEN OF THIS SECTION.
  15.  TIMELINES.  WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
FOLLOWING TIMELINES SHALL APPLY:
  (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY  THE  DIVISION  WITHIN
TEN  CALENDAR  DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE  TERRORIST  REGIS-
TRY;
  (B)  THE  MAILING  REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
THIS SECTION SHALL BE COMPLETED  BY  THE  DIVISION  WITHIN  SEVENTY-FIVE
CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
DIRECTED  PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
  (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE  MAILING  OF  REGISTRATION  PACKET  BY  THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED  BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY  EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST  CLASS
MAIL,  OR  BY  MEANS  OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION;
  (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
VERIFICATION  PACKET  FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION,  OR  WITHIN  FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S  WEBSITE,  OR  WITHIN  FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,

S. 3464--C                         12

SHALL  RETURN  A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER  BY  MEANS  OF  UNITED
STATES  FIRST  CLASS  MAIL,  OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION  PACKET  FROM  THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE  DIVISION,  OR  WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED  BY  THE  DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING  JURISDICTION,  TO
PROVIDE  FINGERPRINTS,  AN  INITIAL  PHOTOGRAPH AND A DNA SAMPLE, UNLESS
SUCH REGISTRANT HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH  PREVIOUSLY
TAKEN,  AND  THEIR  FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
ACCORDANCE WITH SUBDIVISIONS THREE  AND  FIVE  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-J  OF  THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
  (F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE  THE  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
TO  THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
AN UPDATED PHOTOGRAPH.
  16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
IN NO EVENT SHALL THE FAILURE OF A  TERRORIST  TO  RECEIVE  ANY  NOTICE,
REGISTRATION  PACKET  OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION  PACKET,  OR
OF  THE  FAILURE  OF  THE  DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO  THIS
SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
BY THIS ARTICLE.
  17.  VIOLATIONS.  IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT  RETURNED
TO  THE  DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION  SHALL  IMMEDIATELY
NOTIFY  THE  DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND  SECURITY,  WHEREUPON  THE DIVISION OF STATE POLICE SHALL IMME-
DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH  A  FAILURE
TO  REGISTER  IN  ACCORDANCE  WITH THIS ARTICLE, AND PURSUANT TO SECTION
490.23 OF THE PENAL LAW.
  18. LATE FILINGS. THE DIVISION  MAY  BY  REGULATION  IDENTIFY  CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A  STANDARDIZED  REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH  OR
UPDATED  PHOTOGRAPH,  BUT  IN  NO  EVENT SHALL A LATE SUBMISSION OR LATE
COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT,  IF
OF  LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM,  STAND-
ARDIZED  VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
  19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES  AND  REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-F.  EXAMINATION  OF  POTENTIAL REGISTRANTS. 1. GENERALLY.   THE
DIVISION SHALL MAKE REGULAR EXAMINATIONS TO DETERMINE WHETHER TERRORISTS
SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH EXAMINATION AND DETER-
MINATION THAT A TERRORIST SHALL BE ADDED TO THE REGISTRY, IN  ACCORDANCE

S. 3464--C                         13

WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
DUTY  OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER  PROVIDED  BY
THE  DIVISION,  OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT  WHICH  SUCH
TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
OF  RESIDENCE  WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY  THE  DIVI-
SION.  IN  THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH  TERRORIST  AT
LEAST  SIXTY  DAYS  PRIOR  TO  SUCH RELEASE, THE CONFINEMENT ENTITY MUST
PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND  MANNER
PROVIDED BY THE DIVISION.
  3.  PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY  THE
DIVISION,  WITHIN  FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
RESIDENCE OF SUCH TERRORIST, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
DIVISION.
  4.  ESCAPE  NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED  OFFICIAL  OF  THE
CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
THE  DIVISION  OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION AT, AND  IMMEDIATELY  PRIOR  TO,  THE  TIME  OF  THE
TERRORIST'S CONFINEMENT, WITH:
  (A) THE NAME AND ALIASES OF THE TERRORIST;
  (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
  (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
SERVED, IF ANY;
  (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
  (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
  (F) THE FINGERPRINTS OF THE TERRORIST.
  5.  PURPOSE.  IT  SHALL  BE THE PURPOSE OF THE DIVISION'S EXAMINATIONS
UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK  STATE,  AND
WHETHER,  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
  6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING  ITS  EXAMINA-
TIONS,  PURSUANT  TO  THIS  SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN  NEW
YORK  STATE,  THE  DIVISION  SHALL  COMMUNICATE WITH THE FOLLOWING STATE
ENTITIES:
  (I) THE DEPARTMENT;
  (II) THE DIVISION OF PAROLE;
  (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
  (IV) THE DEPARTMENT OF HEALTH;
  (V) THE DEPARTMENT OF EDUCATION;
  (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE  UNIFIED
COURT SYSTEM;
  (VII) THE DIVISION OF STATE POLICE;

S. 3464--C                         14

  (VIII)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES;
AND/OR
  (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
  (B)  IN FURTHER CONDUCTING ITS EXAMINATIONS, PURSUANT TO THIS SECTION,
TO DETERMINE WHAT TERRORISTS  ARE  OR  WILL  BE  RESIDING,  WORKING,  OR
ATTENDING  EDUCATIONAL  INSTITUTIONS,  IN  NEW  YORK STATE, THE DIVISION
SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR  INTER-
NATIONAL ENTITIES:
  (I) THE FEDERAL BUREAU OF PRISONS;
  (II)  THE  UNITED  STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
BRANCHES;
  (III) THE UNITED STATE DEPARTMENT OF STATE;
  (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
  (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
  (VI) THE CENTRAL INTELLIGENCE AGENCY;
  (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
  (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
  (IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE  DIVI-
SION DEEMS APPROPRIATE.
  7.  GROUNDS  TO  ADD  A TERRORIST TO THE REGISTRY. UPON EXAMINATION IN
ACCORDANCE WITH THIS SECTION, THE DIVISION SHALL  ADD  A  TERRORIST,  AS
DEFINED  BY  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, TO THE NEW YORK STATE  TERRORIST  REGISTRY,  AND  PROVIDE  SUCH
TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, IF
THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
  (A) NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY,  HAS  BEEN,
OR  WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
  (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
  (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
TERRORIST HAS EVIDENCED ANY INTENTION  TO  RESIDE,  WORK  OR  ATTEND  AN
EDUCATIONAL INSTITUTION IN NEW YORK STATE.
  8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON EXAMINATION
IN  ACCORDANCE  WITH  THIS  SECTION,  AND UPON A FINDING THAT THE PERSON
EXAMINED MAY NOT HAVE COMMITTED A TERRORIST OFFENSE AS DEFINED IN SUBDI-
VISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF  THIS  ARTICLE,  OR  A
VERIFIABLE  ACT OF TERRORISM, AS DEFINED IN SUBDIVISION THREE OF SECTION
ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE JOINT DETERMINATION
OF THE DIVISION AND THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES,  THAT  SUCH  PERSON  NONETHELESS  STILL PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR  FACILITATING
A  TERRORIST  ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, THEN THE DIVISION MAY MAKE AN APPLICATION TO A SUPREME  COURT,  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS ARTICLE, TO ADD
SUCH  PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND IF SUCH COURT
ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH PERSON TO THE
REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION IN  ACCORDANCE  WITH
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  9.    ADDITION  TO  THE  REGISTRY BY COURT ORDER. WHERE A COURT OF THE
UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE

S. 3464--C                         15

HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL  ADD  SUCH
PERSON  TO  THE  REGISTRY,  AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  10.  REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME COURT
IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
COUNTY WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A  DECI-
SION  AND/OR  ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST
REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED  SIXTY-NINE-I  OF  THIS
ARTICLE,  THEN  THE DIVISION SHALL REMOVE SUCH PERSON FROM THE REGISTRY,
AND PROVIDE SUCH PERSON WITH NOTIFICATION  OF  THEIR  REMOVAL  FROM  THE
REGISTRY,  BUT  THE  DIVISION MAY APPEAL SUCH DECISION AND/OR ORDER, AND
SUCH REMOVAL SHALL NOT BE PERFORMED BY  THE  DIVISION  UNTIL  THE  FINAL
APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
TRY.
  S  169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE  EXAMINATIONS
AND   MAKE  DETERMINATIONS,  IN  ACCORDANCE  WITH  SECTION  ONE  HUNDRED
SIXTY-NINE-F OF THIS ARTICLE, TO  DETERMINE  WHAT  TERRORISTS  SHALL  BE
INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH EXAMINATIONS AND DETERMI-
NATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THEREAFTER
NOTIFY  SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.  1.    DUTY  AND
OBLIGATION  TO  REGISTER  AND  VERIFY.  ANY PERSON ADDED TO THE NEW YORK
STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED,  AND  HAVE  THE
DUTY  AND  OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL FURTHER BE
REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH  THIS
ARTICLE.
  2.  SPECIFIC  DUTIES AND OBLIGATIONS.   ANY TERRORIST ADDED TO THE NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION  SHALL  BE  REQUIRED,  AND
SHALL HAVE THE DUTY AND OBLIGATION TO:
  (A) REGISTER UNDER THIS ARTICLE;
  (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
TRATION  FORM,  CONTAINING  ALL THE REQUIRED REGISTRATION INFORMATION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH
PREVIOUSLY  TAKEN,  IN  ACCORDANCE  WITH  SUBDIVISIONS THREE AND FIVE OF
SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE  WITH
SUBDIVISIONS  THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED  LAW  ENFORCE-
MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
REQUIRED PURSUANT TO THIS ARTICLE;
  (D)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR FINGERPRINTS
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
HAVING  JURISDICTION,  WITHIN  THE TIMES, AND AT THE LOCATIONS, REQUIRED
PURSUANT TO THIS ARTICLE;
  (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS

S. 3464--C                         16

THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
APPEAR TO, AND SUBMIT TO  A  DNA  SAMPLE  TAKEN  BY  THE  SPECIFIED  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  WITHIN THE TIMES, AND AT THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (F)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER REGISTRATION
INFORMATION REQUIRED BY THIS ARTICLE.
  3. CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE  NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
  5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
  S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
TERRORIST REGISTRY.
  (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON

S. 3464--C                         17

THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
  (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
  (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
FORM, ADD SUCH PERSON  TO  THE  REGISTRY  AND  FORWARD  THE  INFORMATION
COLLECTED  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION, IN
ACCORDANCE WITH THIS ARTICLE;
  (III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST  THAT  WITHIN  FIVE
CALENDAR  DAYS,  SUCH  TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND  CORRECTIONAL
ALTERNATIVES,  TO  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
SAMPLE; AND
  (IV) FROM THE COMPLETED  STANDARDIZED  REGISTRATION  FORM,  THE  COURT
SHALL  PLACE  UPON THE RECORD THE FACT THAT THE TERRORIST SHALL BE ADDED
TO THE NEW YORK STATE TERRORIST REGISTRY,  AND  THE  ADDRESS  WHERE  THE
TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
  (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
CERTIFICATION,  SHALL  BE  ADDED  BY  THE DIVISION TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL REGISTER WITH THE  DIVISION,  AND  PROVIDE
ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
INITIAL  PHOTOGRAPH,  IN ACCORDANCE WITH THE PROVISIONS AND TIMELINES OF
SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
  2. APPLICATION TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.    IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
THIS  ARTICLE, THE DIVISION, AFTER EXAMINATION, MAY PETITION THE SUPREME
COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF  THE  INVESTIGATION
BY  MAILING  A  COPY  OF  THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH
PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH
EXAMINATION IN THE JOINT DETERMINATION OF THE DIVISION AND THE  DIVISION
OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES, PRESENTS A SERIOUS AND
IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING AND/OR  FACILITATING
A  TERRORIST  ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE OF NEW
YORK, AND THAT A CERTIFICATION SHOULD BE ISSUED TO ADD  SUCH  PERSON  TO
THE  NEW  YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE CERTIF-
ICATION REQUESTED UNDER THIS SUBDIVISION, THEN THE  DIVISION  SHALL  ADD
SUCH  PERSON  TO THE NEW YORK STATE TERRORIST REGISTRY, AND PROVIDE SUCH
PERSON  WITH  NOTIFICATION  IN  ACCORDANCE  WITH  SECTION  ONE   HUNDRED
SIXTY-NINE-E OF THIS ARTICLE.
  (B)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
TO DIRECT THE DIVISION TO ADD THE PERSON  WHO  IS  THE  SUBJECT  OF  THE
APPLICATION  TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF SUCH
DENIAL SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL  HEAR
SUCH  APPEAL  WITHIN  NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE
ENTRY OF THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE  DIVISION  IN
ACCORDANCE  WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON WHOM
THE COURT DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY  MAY  ALSO
APPEAL  SUCH  DECISION  AND/OR  ORDER. AN APPEAL OF SUCH DECISION AND/OR
ORDER ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME  WOULD
BE  SO  ADDED  SHALL  GO,  AS OF RIGHT, TO THE APPELLATE DIVISION IN THE

S. 3464--C                         18

DEPARTMENT IN WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON  DOES  NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS  OF  THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE ORDER ISSUING
THE CERTIFICATION SOUGHT IN ACCORDANCE WITH THIS SECTION,  WHICHEVER  IS
EARLIER.
  3.  APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
BY THE DIVISION TO THE NEW YORK STATE TERRORIST  REGISTRY  MAY  SEEK  AN
ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
RESIDE  IN  THE  STATE  OF  NEW YORK, TO HAVE THEIR NAME AND INFORMATION
REMOVED FROM THE REGISTRY AS FOLLOWS:
  (A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN  ORDER  TO
REMOVE  THE  REGISTRANT  AND  THEIR  INFORMATION FROM THE NEW YORK STATE
TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
  (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
AND INFORMATION BEING ADDED TO THE REGISTRY;
  (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
  (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
IN AN ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
AND
  (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
LY HARSH AND INAPPROPRIATE.
  (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME  COURT
FINDS  THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW  YORK  STATE
TERRORIST  REGISTRY,  THE  DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
REGISTRY, AND PROVIDE SUCH PERSON WITH  NOTIFICATION  OF  THEIR  REMOVAL
FROM THE REGISTRY.
  (C)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
THE COURT DIRECTS THE DIVISION TO REMOVE A  PERSON  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL  HEAR  SUCH  APPEAL
WITHIN  NINETY  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON  FROM  THE  REGISTRY,
WHICHEVER  IS EARLIER.   WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY,  SUCH  REMOVAL  SHALL
NOT  BE  PERFORMED  BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM  THE  COURT
DENIES  A  PETITION  TO  HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE  DEPARTMENT  IN  WHICH
SUCH  PERSON  SO  RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
STATE, TO THE APPELLATE DIVISION OF THE  THIRD  DEPARTMENT,  WHICH  SUCH
APPELLATE  DIVISION  SHALL  HEAR  SUCH  APPEAL WITHIN NINETY DAYS OF THE
ISSUANCE OF THE DECISION OR ENTRY OF  THE  ORDER  DENYING  THE  PETITION
SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
  S  169-J.  RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
OF A TERRORIST.  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,

S. 3464--C                         19

AS  DEFINED  IN  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED  IN
SUBDIVISION  EIGHTEEN  OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
DIVISION,  OF  CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT
LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR  TO
CONFINEMENT,  THE  EXPECTED  LENGTH OF CONFINEMENT OF THE TERRORIST, AND
THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM  THE  FACILITY  MAIN-
TAINED  BY  THE  CONFINEMENT  ENTITY.  THE NOTIFICATION REQUIRED BY THIS
SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE,  THEN  SUCH  NOTICE  SHALL
TAKE  PLACE  WITHIN  THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH
CUSTODY OF SUCH TERRORIST.
  2. NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY  TERROR-
IST,  AS  DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS  DEFINED
IN  SUBDIVISION  EIGHTEEN  OF  SECTION  ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, SHALL INFORM SUCH TERRORIST OF THEIR  DUTY  AND  OBLIGATION  TO
REGISTER  UNDER  THIS  ARTICLE. SUCH NOTIFICATION SHALL BE IN A FORM AND
MANNER PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF  THE
CONFINEMENT  ENTITY,  TO  PROVIDE,  OR  THE  FAILURE OF THE TERRORIST TO
RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
OBLIGATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS  SUBDI-
VISION  SHALL  TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR TO THE
RELEASE, DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION  OR  ANY
OTHER  RELEASE,  OF  THE  TERRORIST, FROM THE CUSTODY OF THE CONFINEMENT
ENTITY, BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY  THE
TERRORIST  AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
THIS SUBDIVISION, THE CONFINEMENT  ENTITY  SHALL  PROVIDE  AN  EMERGENCY
NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
  3.  REGISTRATION  AT  THE  FACILITY.  IMMEDIATELY  AFTER PROVIDING THE
TERRORIST WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO  OF
THIS  SECTION,  THE  CONFINEMENT ENTITY SHALL PRESENT EVERY TERRORIST IN
THEIR CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
TERRORIST  REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED  BY
THE  DIVISION,  AND  SHALL  FURTHER ARRANGE TO HAVE SUCH PACKET READ AND
EXPLAINED TO THE TERRORIST, AND  AFTER  SUCH  READING  AND  EXPLANATION,
SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
TION PHOTOGRAPH;
  (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4. FAILURE OF A TERRORIST TO REGISTER.  NO  CONFINEMENT  ENTITY  SHALL
RELEASE,  DISCHARGE,  PAROLE,  RELEASE  TO  POST-RELEASE SUPERVISION, OR
PROVIDE ANY OTHER RELEASE FOR ANY TERRORIST REQUIRED TO  REGISTER  UNDER
THIS  ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITHOUT  FIRST  OBTAINING  A  COMPLETED  AND  SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS,  AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION.

S. 3464--C                         20

  5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
AGENCY  HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE  DNA
SAMPLE  FROM  THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT
AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
AND MAINTAIN A RECORD OF SUCH ADDRESS.
  7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM.
  8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
ENTITY.
  10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
SECURITY.
  S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON

S. 3464--C                         21

SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR
PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF
EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
VISION OR PROBATION.
  2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED  BY  THE  DIVI-
SION.  THE  FAILURE  OF  THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE  FAILURE  OF
THE  TERRORIST  TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
OF ANY DUTY AND/OR  OBLIGATION  UNDER  THIS  ARTICLE.  THE  NOTIFICATION
REQUIRED  BY  THIS  SUBDIVISION  SHALL  TAKE  PLACE NOT LESS THAN THIRTY
CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL  ALTERNATIVES  IS
UNABLE  TO  NOTIFY  THE  TERRORIST  AS REQUIRED BY THIS SUBDIVISION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
PROVIDED BY THE DIVISION.
  3.  REGISTRATION  BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH  THE
NOTIFICATION  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
PRESENT  EVERY  TERRORIST,  AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION  OR
PROBATION,  WHO  HAS  NOT  PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED  IN  SUBDIVI-
SION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS ARTICLE, AS
PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH  PACKET
READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
  (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
WITHIN SUCH REGISTRATION PACKET;
  (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
TION PHOTOGRAPH;
  (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
FINGERPRINTS; AND
  (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
  4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR  THE
OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL RELEASE OR
DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
TO REGISTER UNDER THIS ARTICLE WHO HAS NOT  PREVIOUSLY  REGISTERED  WITH
THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING A
COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN  INITIAL  PHOTO-
GRAPH,  A  COMPLETE  SET  OF  FINGERPRINTS,  AND A DNA SAMPLE, FROM SUCH
TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.

S. 3464--C                         22

  5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION.  THE  COLLECTION  BY THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA  SAMPLE,  FROM  THE
TERRORIST,  IN  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
ENFORCEMENT AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF  THE
INITIAL  PHOTOGRAPH,  THE  COMPLETE  SET  OF  FINGERPRINTS,  AND THE DNA
SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM  THEIR  DUTY  TO  PAY,
WITHIN  FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION,
THE ONE HUNDRED DOLLAR FEE REQUIRED  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-NINE-P  OF  THIS  ARTICLE,  OR  THE DUTY TO APPEAR BEFORE SUCH LAW
ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE  OF  PROVIDING  A
CHANGE  OF  ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH
LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF  PROVIDING
AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
  6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
REGISTRATION FORM BY THE TERRORIST, THE  DEPARTMENT  OR  THE  OFFICE  OF
PROBATION  AND  CORRECTIONAL  ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
SUCH STANDARDIZED REGISTRATION FORM, THE  ADDRESS  WHERE  THE  TERRORIST
EXPECTS  TO  RESIDE  UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD  OF  SUCH
ADDRESS.
  7.  TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON THE
COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY  THE  TERRORIST,  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
ONE  COPY  OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED  FORM  FOR
THE  CONFINEMENT  ENTITY'S  OWN  RECORDS,  AND SHALL FURTHER IMMEDIATELY
TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE  DIVI-
SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
  8.  TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE  DNA
SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION,  THE  DEPARTMENT  OR  THE  OFFICE OF PROBATION AND CORRECTIONAL
ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO  THE  DIVISION,  THE  INITIAL
PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
MEANS AND MANNER PROVIDED BY THE DIVISION.
  9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
DEPARTMENT  OR  THE  OFFICE  OF  PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
THE CONVICTION DATA  AND  PERSONAL  INFORMATION  OF  ANY  TERRORIST,  AS
DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
  10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON  RECEIPT
OF  THE  CONVICTION  DATA  AND PERSONAL INFORMATION OF THE TERRORIST, IN
ACCORDANCE WITH SUBDIVISION NINE OF THIS  SECTION,  THE  DIVISION  SHALL
IMMEDIATELY  TRANSMIT  SUCH  CONVICTION DATA AND PERSONAL INFORMATION TO
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE  FEDERAL
BUREAU  OF  INVESTIGATION,  AND  THE UNITED STATE DEPARTMENT OF HOMELAND
SECURITY.
  S 169-L. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-

S. 3464--C                         23

TRY  SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
  S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
NOTIFY  DIVISION  OF  CHANGE  OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY  TERRORIST
ADDED  TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY  THIS
ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
OF  HIS  OR  HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF  RESI-
DENCE,  EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE.
  2. NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE  OF
ADDRESS  BY  A  TERRORIST  REQUIRED  TO  REGISTER UNDER THIS ARTICLE, IN
ACCORDANCE WITH SUBDIVISION ONE OF  THIS  SECTION,  THE  DIVISION  SHALL
IMMEDIATELY  NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION
OF THE NEW PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR  PLACE  OF  EDUCA-
TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
  3.  REQUIREMENTS  OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF THE CHANGE
OF ADDRESS INFORMATION FROM THE DIVISION, SENT TO  THE  LAW  ENFORCEMENT
AGENCY  HAVING  JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE LOCAL LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  SHALL
ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
  4.  NOTIFICATION  OF  OTHER  JURISDICTIONS. THE DIVISION SHALL, IF THE
TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
FY THE APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE  NEW  PLACE
OF RESIDENCE.
  S 169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF INFORMATION WITH
NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST

S. 3464--C                         24

DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, PURSUANT TO THIS SECTION, IN  CONSULTA-
TION  WITH  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND
THE DIVISION OF STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED  ON
THE  NEW  YORK STATE TERRORIST REGISTRY, AND SHALL DETERMINE WHETHER THE
DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON THE  REGISTRY  MAY
CAUSE  A  SECURITY  RISK  TO  THE PEOPLE OR PROPERTY OF THE STATE OF NEW
YORK. UPON THE REVIEW MADE IN ACCORDANCE WITH THIS SUBDIVISION, AND UPON
A DETERMINATION THAT ANY  PARTICULAR  INFORMATION  NEEDS  TO  BE  DEEMED
SECURE,  THE  DIVISION  SHALL REMOVE SUCH SECURE INFORMATION FROM PUBLIC
ACCESSIBILITY, INCLUDING EXEMPTING SUCH INFORMATION  FROM  THE  REQUIRE-
MENTS  OF THE POSTING ON THE DIVISION'S WEBSITE, PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-R OF THIS ARTICLE, OR PROVIDING OF  SUCH  INFORMATION
THROUGH  THE  SPECIAL  TELEPHONE  NUMBER  IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-Q OF THIS  ARTICLE.  ANY  INFORMATION  DEEMED  SECURE
PURSUANT  TO  THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF
THE NEW YORK STATE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
  4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
BY THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES,  THAT
PARTICULAR  INFORMATION  SHALL BE DEEMED SECURE, PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, PREVENT THE DIVISION  FROM  SHARING  SUCH  SECURE
INFORMATION  WITH  ANY  ENTITY  IDENTIFIED  FOR THE REGISTRY INFORMATION
SHARING PURSUANT TO THIS SECTION, BUT THE  DIVISION  MAY  PLACE  SHARING
RESTRICTIONS  ON  SUCH SECURE INFORMATION, AS DETERMINED BY THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, WHEN  SHARING  SUCH  SECURE
INFORMATION  WITH  OTHER AUTHORIZED SHARING ENTITIES, IN ACCORDANCE WITH
SUBDIVISION ONE AND TWO OF THIS SECTION, COULD RESULT IN THE INAPPROPRI-
ATE DISCLOSURE OF SUCH SECURE INFORMATION.
  S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION,  SHALL  PROVIDE  FOR
THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
FROM  THE  TERRORIST  BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR  OFFICE  OF  PROBATION  AND
CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
SUCH SECURE CUSTODIAL COLLECTION OF  THE  DNA  SAMPLE  AND  FINGERPRINTS
COLLECTED  FROM  THE  TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION
PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW  ENFORCEMENT  AGENCIES
HAVING  JURISDICTION,  ALL  CONFINEMENT ENTITIES, THE DEPARTMENT AND THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION,  PURSUANT  TO  THIS
SECTION,  SHALL  PROVIDE  FOR  THE  SECURE CUSTODIAL TRANSFER OF THE DNA
SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE  OFFICE  OF
PROBATION   AND   CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
OF STATE POLICE, AND/OR ANY  OTHER  APPROVED  DNA  ANALYSIS  ENTITY,  AS
CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.

S. 3464--C                         25

  3.  SECURE  CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF  THE
FINGERPRINTS  COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, THE CONFINEMENT  ENTITY,  THE  DEPARTMENT,  OR  THE
OFFICE  OF  PROBATION  AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE, TO  THE  LABORATORY  MAINTAINED  BY  THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
ENTITY,  AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
AGE AND ANALYSIS OF SUCH FINGERPRINTS.
  4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER  PROVIDE
FOR  THE  SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING  OF  FEES.    THE
DIVISION, PURSUANT TO THIS SECTION, SHALL:
  (A)  CHARGE  A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
OF THE TERRORIST;
  (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A  TERRORIST  REGISTERS  ANY
CHANGE OF ADDRESS; AND
  (C)  CHARGE  A  FEE  OF  TEN  DOLLARS EACH TIME A TERRORIST APPEARS TO
PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
  2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER  PRESCRIBED
BY THE DIVISION.
  3.  WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION,  OR  MAY
FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
  4.  DEPOSIT  AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO  THE
GENERAL FUND.
  S  169-Q.  SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF  THE  PUBLIC  MAY  CALL
FREE  OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK  STATE  TERRORIST
REGISTRY,  AND  TO  OBTAIN  PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
RESPECT TO SUCH TERRORIST.
  2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED  FOR
IN THIS SECTION, THE DIVISION SHALL:
  (A)  ASK  THE  CALLER  FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
WOULD LIKE TO OBTAIN INFORMATION.
  (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED  INDI-
VIDUAL  REASONABLY  APPEARS  TO  BE A PERSON LISTED ON THE REGISTRY, THE
DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
THE FOLLOWING:
  (I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER,  IF  ANY,  OF
THE TERRORIST;
  (II)  THE  DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
NUMBER OF THE TERRORIST;
  (III) THE DATE OF BIRTH OF THE TERRORIST;
  (IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION  NUMBER  OF
THE TERRORIST;
  (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;

S. 3464--C                         26

  (VI)  THE  CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
  (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
  (IX)  ANY  DISTINCTIVE  MARKINGS  OR  THE  ETHNICITY OF THE TERRORIST;
AND/OR
  (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
  (C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS  TO
BE  A  PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
THE INFORMATION PROVIDED FROM THE CALLER IN  ACCORDANCE  WITH  PARAGRAPH
(B)  OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
TION:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (IV) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS  OF  THE  TERROR-
IST'S PLACE OF EMPLOYMENT;
  (V)  IF  THE  TERRORIST  IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VI) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING FOR  EACH  AND
EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
  (D)  PLAY,  BEFORE  A LIVE OPERATOR SPEAKS WITH THE CALLER, A RECORDED
PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
  (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
  (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
TELEPHONE NUMBER;
  (III) THAT THE CALLER SHALL BE REQUIRED  TO  PROVIDE  THEIR  NAME  AND
ADDRESS  TO  THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
RECORD;
  (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
AGE;
  (V) THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH  THE  TELE-
PHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE NEW
YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
HARASSMENT AGAINST SUCH PERSON;
  (VI) THAT THE CALLER IS REQUIRED TO HAVE THE  IDENTIFYING  INFORMATION
REQUIRED  TO  BE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING
THE INDIVIDUAL ABOUT WHOM INFORMATION IS SOUGHT IN ORDER  TO  ACHIEVE  A
POSITIVE IDENTIFICATION OF THAT PERSON;
  (VII)  THAT  THE  SPECIAL  TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND
THAT ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED  TO
THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
  (VIII)  THAT  AN INFORMATION PACKAGE, WHICH WILL INCLUDE A DESCRIPTION
OF THE LAW PERTAINING TO THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  IS
AVAILABLE  ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING, BY
MAIL, UPON REQUEST FROM THE DIVISION.
  3. MISUSE OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE  IS  REASON-
ABLE  CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED IN
A PATTERN OR PRACTICE OF MISUSE OF THE  SPECIAL  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 APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR  TEMPORARY INJUNCTION, RESTRAINING ORDER OR OTHER ORDER

S. 3464--C                         27

AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR  THE  PATTERN  OR
PRACTICE  OF  MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
MORE THAN ONE THOUSAND DOLLARS.
  4.  REPORT  OF  CALL  ACTIVITY.   THE DIVISION SHALL, ON OR BEFORE THE
FIRST OF SEPTEMBER IN EACH YEAR, FILE A REPORT WITH  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
TY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING  COMMIT-
TEE  ON  GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF THE TELEPHONE
NUMBER, AND SUCH 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 RESULTED IN AN AFFIRMATIVE RESPONSE AND
THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D)  A  SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE NUMBER PROGRAM
BASED UPON THE ABOVE OR ANY OTHER SELECTED FACTORS  THE  DIVISION  SHALL
DEEM RELEVANT;
  (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
OPERATED  PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY, OPERATED
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
  (F) RECOMMENDATIONS AS TO HOW THE DIVISION MIGHT IMPROVE  THE  SPECIAL
TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
  5.  SECURE  INFORMATION. THE OPERATORS OF THE SPECIAL TELEPHONE NUMBER
SHALL NOT PROVIDE ANY CALLER WITH ANY  INFORMATION  FROM  THE  NEW  YORK
STATE  TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF  THIS
ARTICLE.
  6.  ADVERTISEMENT  OF  SPECIAL  TELEPHONE  NUMBER.  THE DIVISION SHALL
PROVIDE FOR THE ADVERTISEMENT OF THE  SPECIAL  TELEPHONE  NUMBER  ESTAB-
LISHED  PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE POST-
ING OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE  OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  169-R.  INTERNET DIRECTORY. 1. OPERATION OF THE INTERNET DIRECTORY.
THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
YORK STATE TERRORIST REGISTRY WHICH SHALL:
  (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
  (I) THE NAME OF THE TERRORIST;
  (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
TERRORIST;
  (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
IST FOR THE REGISTRY;
  (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
  (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
PLACE OF EMPLOYMENT;
  (VI) IF THE TERRORIST IS A STUDENT, THE EXACT ADDRESS  OF  THE  EDUCA-
TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
  (VII)  BACKGROUND  INFORMATION  ON  THE  TERRORIST, INCLUDING EACH AND
EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME

S. 3464--C                         28

OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
  (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
  (C)  BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF  HOMELAND  SECURITY  AND
EMERGENCY SERVICES.
  2.  AUTOMATED  E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
REGISTRATION OCCURS ON THE NEW YORK STATE  TERRORIST  REGISTRY,  IN  THE
GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
EMPLOYEE  OR  ENTITY  OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE  LIMITED  TO
THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  3.  NO  CHARGE  FOR  THE  USE OF THE DIRECTORY. THE DIVISION SHALL NOT
CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY  NOR  FOR  THE  RECEIPT  OF
E-MAIL NOTIFICATIONS.
  4.  MISUSE  OF  THE  INTERNET  DIRECTORY. 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 INTERNET DIRECTORY, THE ATTORNEY
GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
THE  DIRECTORY  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, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
PARTY UNDER OTHER PROVISIONS OF LAW, AND 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.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
  6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 169-S. 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  STATE,  LOCAL  AND/OR  FEDERAL
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. 3464--C                         29

  S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
THIS ARTICLE.
  S  169-U.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
INFORMATION OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION,  PURSUANT  TO
THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE  PENAL  LAW.
ANY  SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
CLE,  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  REVOCA-
TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
  S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF  ANY  INFORMATION  CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
SHALL BE A CLASS B MISDEMEANOR.
  S 169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES. 1. LOCAL  GOVERN-
MENTS.  ANY LOCAL GOVERNMENT, WHICH HAS INCURRED ANY COST FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE, MAY  MAKE  AN  APPLICATION  TO  THE
STATE  COMPTROLLER  FOR  REIMBURSEMENT  OF  SUCH  COST.  APPLICATION FOR
REIMBURSEMENT FOR SUCH COST INCURRED SHALL BE IN THE FORM AND MANNER  AS
REQUIRED  BY THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL PAY SUCH
A LOCAL GOVERNMENT, WHICH HAS MADE AN APPLICATION FOR A COST, WHICH  HAS
BEEN  VERIFIED  BY  THE STATE COMPTROLLER AS HAVING BEEN INCURRED BY THE
LOCAL GOVERNMENT, FROM THE TERRORIST REGISTRY FUNDS MANAGEMENT  ACCOUNT,
ESTABLISHED  PURSUANT  TO SECTION NINETY-SEVEN-AAAA OF THE STATE FINANCE
LAW, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND  ALLOCATION  BY  THE
DIRECTOR OF THE BUDGET.
  2.  STATE  AGENCY.  ANY  STATE AGENCY, WHICH HAS INCURRED ANY COST FOR
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY MAKE AN  APPLICATION
TO THE STATE COMPTROLLER AND THE DIRECTOR OF THE BUDGET, FOR AN INCREASE
IN  SUCH  STATE  AGENCY'S  BUDGET,  IN  DIRECT  RELATION TO SUCH COST SO
INCURRED. APPLICATION FOR AN INCREASE IN SUCH STATE AGENCY'S BUDGET,  IN
DIRECT  RELATION  TO SUCH COST INCURRED, SHALL BE IN THE FORM AND MANNER
AS REQUIRED BY THE DIRECTOR OF THE BUDGET AND THE STATE COMPTROLLER. THE
STATE COMPTROLLER SHALL VERIFY WHETHER THE COST HAS BEEN SO INCURRED  BY
THE STATE AGENCY. ANY INCREASE IN SUCH STATE AGENCY'S BUDGET, AS AUTHOR-
IZED  BY  THIS  SUBDIVISION,  SHALL  BE  IN DIRECT RELATION TO SUCH COST
INCURRED BY SUCH STATE AGENCY, AND SHALL BE CHARGED FROM  THE  TERRORIST
REGISTRY FUNDS MANAGEMENT ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-AAAA  OF  THE STATE FINANCE LAW, FOLLOWING APPROPRIATION BY THE
LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET.
  3. NOTIFICATION OF THE GOVERNOR AND THE LEGISLATURE.   NOT LATER  THAN
THE  FIRST  DAY  OF MARCH, THE STATE COMPTROLLER AND THE DIRECTOR OF THE
BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY, OF  THE  FISCAL  AMOUNTS  REQUESTED  IN
APPLICATIONS  FOR  REIMBURSEMENT FOR COSTS INCURRED BY LOCAL GOVERNMENTS

S. 3464--C                         30

UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN STATE AGENCIES' BUDGETS  UNDER  THIS  SECTION,  DURING  THE  PREVIOUS
TWELVE  MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
  S  169-X. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 5. The penal law is amended by adding a new section 490.23  to  read
as follows:
S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
           REGISTRY.
  A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT  TO  ARTICLE
SIX-D  OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
TO ARTICLE SIX-D OF THE CORRECTION LAW, OR  FAILS  TO  PROVIDE  REQUIRED
INFORMATION,  OR  SUPPLEMENTAL  INFORMATION, OR VERIFICATION AS REQUIRED
PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
  FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
TRY IS A CLASS A-I FELONY.
  S 6. The state finance law is amended by adding a new section  97-aaaa
to read as follows:
  S  97-AAAA.  TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT.  1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND  FINANCE  A  FUND  TO  BE
KNOWN AS THE "TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT".
  2. THE TERRORIST REGISTRY FUND MANAGEMENT ACCOUNT SHALL CONSIST OF:
  (A)  MONIES  RECEIVED  BY  THE  STATE PURSUANT TO ARTICLE SIX-D OF THE
CORRECTION LAW;
  (B) MONIES RECEIVED BY THE STATE  AND  DIRECTED  TO  BE  PAID  TO  THE
ACCOUNT UPON ORDER OF ANY COURT OF:
  (I) THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK;
  (II) THE FEDERAL COURT SYSTEM OF THE UNITED STATES; AND/OR
  (III)  THE GOVERNMENT OF THE UNITED STATES OPERATING UNDER THE UNIFORM
CODE OF MILITARY JUSTICE, AND
  (C) ALL OTHER MONIES, FEES, FINES, GRANTS, BEQUESTS  OR  OTHER  MONIES
CREDITED,  APPROPRIATED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE.
  3. MONIES OF THE TERRORIST REGISTRY FUNDS MANAGEMENT ACCOUNT,  FOLLOW-
ING  APPROPRIATION  BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF
THE BUDGET, SHALL BE MADE AVAILABLE  FOR  LOCAL  GOVERNMENTS  AND  STATE
AGENCIES  PROVIDING SERVICES PURSUANT TO ARTICLE SIX-D OF THE CORRECTION
LAW.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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