S T A T E   O F   N E W   Y O R K
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                                 2850--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. TITONE, CUSICK, ORTIZ, MILLER, BENEDETTO, SIMO-
  TAS, PAULIN, GALEF, BRONSON, ZEBROWSKI, LUPARDO,  TITUS,  ENGLEBRIGHT,
  GUNTHER, GRAF, ROSENTHAL, COLTON, PERRY, SKOUFIS -- Multi-Sponsored by
  --  M. of A.  ABBATE, ARROYO, BRENNAN, CRESPO, GIGLIO, HIKIND, MALLIO-
  TAKIS, McDONOUGH, RA,  SALADINO,  TENNEY,  THIELE  --  read  once  and
  referred  to the Committee on Correction -- recommitted to the Commit-
  tee on Correction in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crimes of
  failure to register or verify as a  domestic  abuse  offender  in  the
  first  and second degrees; to amend the correction law, in relation to
  enacting "Danielle DiMedici, Jessica Tush and  Brittany  Passalacqua's
  Law"; and to amend the criminal procedure law, in relation to domestic
  abuse offenders

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

  Section 1. The penal law is amended by adding two new sections  195.03
and 195.04 to read as follows:
S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN
           THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
ABUSE  OFFENDER IN THE SECOND DEGREE WHEN, BEING A DOMESTIC ABUSE OFFEN-
DER REQUIRED TO REGISTER OR VERIFY PURSUANT  TO  ARTICLE  SIX-D  OF  THE
CORRECTION  LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A  DOMESTIC  ABUSE  OFFENDER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN
           THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03904-02-6

              

A. 2850--A                          2

  A PERSON IS GUILTY OF FAILURE TO REGISTER  OR  VERIFY  AS  A  DOMESTIC
ABUSE  OFFENDER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
FAILURE TO REGISTER OR VERIFY AS A DOMESTIC ABUSE OFFENDER IN THE SECOND
DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
FY  AS  A  DOMESTIC  ABUSE  OFFENDER  IN THE SECOND DEGREE AS DEFINED IN
SECTION 195.03 OF THIS ARTICLE.
  FAILURE TO REGISTER OR VERIFY AS A  DOMESTIC  ABUSE  OFFENDER  IN  THE
FIRST DEGREE IS A CLASS D FELONY.
  S 2. The correction law is amended by adding a new article 6-D to read
as follows:
                               ARTICLE 6-D
     DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW
SECTION 169. SHORT TITLE.
        169-A. DEFINITIONS.
        169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION.
        169-D. DUTIES OF THE COURT.
        169-E. DISCHARGE  OF  DOMESTIC  ABUSE OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        169-F. DUTY TO REGISTER AND TO VERIFY.
        169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        169-H. DURATION OF REGISTRATION AND VERIFICATION.
        169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
        169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        169-L. PETITION FOR RELIEF OR MODIFICATION.
        169-M. SPECIAL TELEPHONE NUMBER.
        169-N. DIRECTORY; INTERNET POSTING.
        169-O. IMMUNITY FROM LIABILITY.
        169-P. ANNUAL REPORT.
        169-Q. FAILURE TO REGISTER; PENALTY.
        169-R. UNAUTHORIZED RELEASE OF INFORMATION.
        169-S. SEPARABILITY.
  S  169.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW".
  S 169-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS APPLY:
  1.  "DOMESTIC ABUSE OFFENDER" INCLUDES ANY PERSON WHO (A) IS CONVICTED
OF ANY OF THE OFFENSES SET FORTH IN SUBDIVISION  TWO  OF  THIS  SECTION.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE  PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE; OR (B)
HAS BEEN DETERMINED BY THE COURT TO BE A DOMESTIC ABUSE  OFFENDER  BY  A
COURT  PURSUANT TO SECTION 530.15 OR PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW.
  2. "DOMESTIC ABUSE OFFENSE" MEANS:
  (A) DISORDERLY CONDUCT, CRIMINAL OBSTRUCTION  OF  BREATHING  OR  BLOOD
CIRCULATION,  STRANGULATION  IN  THE  FIRST DEGREE, STRANGULATION IN THE
SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE  SECOND
DEGREE,  AGGRAVATED  HARASSMENT  IN  THE  SECOND DEGREE, STALKING IN THE
FIRST DEGREE, STALKING IN THE  SECOND  DEGREE,  STALKING  IN  THE  THIRD
DEGREE,  STALKING  IN  THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN
THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS  ENDANGERMENT,
ASSAULT  IN  THE  SECOND  DEGREE,  ASSAULT  IN  THE  THIRD  DEGREE OR AN

A. 2850--A                          3

ATTEMPTED ASSAULT BETWEEN SPOUSES OR FORMER SPOUSES, OR  BETWEEN  PARENT
AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD EXCEPT THAT
IF  THE  RESPONDENT WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE
PURSUANT  TO  SECTION  30.00  OF  THE  PENAL  LAW.  FOR PURPOSES OF THIS
SECTION, "DISORDERLY CONDUCT"  INCLUDES  DISORDERLY  CONDUCT  NOT  IN  A
PUBLIC PLACE; OR
  (B)  A  CONVICTION  OF  (I) AN OFFENSE IN ANY OTHER JURISDICTION WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME PROVIDED FOR IN
PARAGRAPH (A) OF THIS SUBDIVISION OR (II) A FELONY IN ANY  OTHER  JURIS-
DICTION  FOR  WHICH  THE  OFFENDER IS REQUIRED TO REGISTER AS A DOMESTIC
ABUSE OFFENDER IN THE JURISDICTION IN  WHICH  THE  CONVICTION  OCCURRED,
PROVIDED THAT THE ELEMENTS OF SUCH CRIME OF CONVICTION ARE SUBSTANTIALLY
THE  SAME  AS  THOSE  WHICH ARE A PART OF SUCH OFFENSE AS OF THE DATE ON
WHICH THIS SECTION TAKES EFFECT.
  3. FOR PURPOSES OF THIS SECTION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD" WITH RESPECT TO A PROCEEDING IN THE CRIMINAL COURTS SHALL MEAN THE
FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  (E)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
PERSONS  HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER
IN DETERMINING WHETHER A  RELATIONSHIP  IS  AN  "INTIMATE  RELATIONSHIP"
INCLUDE  BUT  ARE  NOT  LIMITED  TO: THE NATURE OR TYPE OF RELATIONSHIP,
REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION  BETWEEN
TWO  INDIVIDUALS  IN  BUSINESS  OR  SOCIAL  CONTEXTS  SHALL BE DEEMED TO
CONSTITUTE AN "INTIMATE RELATIONSHIP"; AND
  (F) PERSONS RESIDING TOGETHER CONTINUALLY  OR  AT  REGULAR  INTERVALS,
CURRENTLY OR IN THE PAST.
  4. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
  (A) (I) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY
IN  WHICH  THE DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER
DISCHARGE, PROBATION, PAROLE, RELEASE  TO  POST-RELEASE  SUPERVISION  OR
UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE; OR (II) IF THERE BE
NO  CHIEF  LAW  ENFORCEMENT  OFFICER  IN SUCH VILLAGE, TOWN OR CITY, THE
CHIEF LAW ENFORCEMENT OFFICER  OF  THE  COUNTY  IN  WHICH  THE  OFFENDER
EXPECTS  TO RESIDE; OR (III) IF THERE BE NO CHIEF ENFORCEMENT OFFICER IN
SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION OF STATE POLICE; AND
  (B) IN THE CASE OF A DOMESTIC ABUSE OFFENDER WHO IS OR EXPECTS  TO  BE
EMPLOYED  BY,  ENROLLED  IN,  ATTENDING OR EMPLOYED, WHETHER FOR COMPEN-
SATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF  LAW
ENFORCEMENT  OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITU-
TION IS LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN
SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW  ENFORCEMENT  OFFICER  OF  THE
COUNTY  IN  WHICH  SUCH  INSTITUTION IS LOCATED; OR (III) IF THERE BE NO
CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION OF STATE POLICE; AND  (IV)  IF  SUCH  INSTITUTION  OPERATES  OR
EMPLOYS  A  CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH
AGENCY.

A. 2850--A                          4

  5. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW.
  6.  "LOCAL  CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  7. "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.
  8. "NONRESIDENT WORKER" MEANS ANY PERSON REQUIRED  TO  REGISTER  AS  A
DOMESTIC  ABUSE  OFFENDER  IN  ANOTHER  JURISDICTION  WHO IS EMPLOYED OR
CARRIES ON A VOCATION  IN  THIS  STATE,  ON  EITHER  A  FULL-TIME  OR  A
PART-TIME  BASIS,  WITH  OR WITHOUT COMPENSATION, FOR MORE THAN FOURTEEN
CONSECUTIVE DAYS, OR FOR AN AGGREGATE PERIOD EXCEEDING THIRTY DAYS IN  A
CALENDAR YEAR.
  9.  "NONRESIDENT  STUDENT"  MEANS  A  PERSON REQUIRED TO REGISTER AS A
DOMESTIC ABUSE OFFENDER IN ANOTHER JURISDICTION WHO  IS  ENROLLED  ON  A
FULL-TIME OR PART-TIME BASIS IN ANY PUBLIC OR PRIVATE EDUCATIONAL INSTI-
TUTION  IN  THIS  STATE INCLUDING ANY SECONDARY SCHOOL, TRADE OR PROFES-
SIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION.
  S 169-B. DUTIES OF THE  DIVISION;  REGISTRATION  INFORMATION.  1.  THE
DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  DOMESTIC  ABUSE  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
AND HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DOMESTIC ABUSE OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
WHICH THE DOMESTIC ABUSE OFFENDER IS OR EXPECTS TO BE ENROLLED,  ATTEND-
ING  OR  EMPLOYED,  WHETHER  FOR  COMPENSATION  OR NOT, AND WHETHER SUCH
DOMESTIC ABUSE OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR
OPERATED BY SUCH INSTITUTION.
  (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
ANY  REGIONAL  OR  NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF DOMESTIC ABUSE OFFENDERS AND SHALL MAKE
SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS  OF  THIS
ARTICLE.
  (B)  THE  DIVISION  SHALL  REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DOMESTIC
ABUSE OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ESTABLISH AND  OPERATE  A  TELEPHONE  NUMBER  AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE.
  6.  THE  DIVISION  SHALL ESTABLISH A DIRECTORY PURSUANT TO SECTION ONE
HUNDRED SIXTY-NINE-N OF THIS ARTICLE.

A. 2850--A                          5

  7. THE DIVISION SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO  ADVISE
THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  8.   (A) THE DIVISION SHALL CHARGE AN ADMINISTRATIVE FEE TO A DOMESTIC
ABUSE OFFENDER TO COVER THE COST OF INCLUSION ON THE REGISTRY. SUCH  FEE
SHALL  BE  SET AT A REASONABLE RATE TO BE DETERMINED PERIODICALLY BY THE
DIVISION.
  (B) THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A  DOMES-
TIC  ABUSE OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF  HIGHER  EDUCATION  AS  REQUIRED BY SUBDIVISION THREE OF
SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE  PAID
TO THE DIVISION BY THE DOMESTIC ABUSE OFFENDER. THE STATE COMPTROLLER IS
HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
  S  169-C. DOMESTIC ABUSE OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY DOMESTIC ABUSE OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR  TO
THE  RELEASE  OR DISCHARGE OF ANY DOMESTIC ABUSE OFFENDER FROM A CORREC-
TIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF
THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH DOMESTIC  ABUSE  OFFENDER,
INFORMING  THE  DIVISION  IN  WRITING ON A FORM PROVIDED BY THE DIVISION
INDICATING THE ADDRESS AT WHICH HE OR SHE PROPOSES  TO  RESIDE  AND  THE
NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH HE OR
SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER  FOR  COMPEN-
SATION  OR  NOT,  AND  WHETHER  HE OR SHE RESIDES IN OR WILL RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH  DOMESTIC  ABUSE
OFFENDER  CHANGES  HIS  OR  HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT  BY  THE  DOMESTIC
ABUSE OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION
ON  A  FORM  PROVIDED  BY  THE DIVISION. IF SUCH DOMESTIC ABUSE OFFENDER
CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,  EMPLOYMENT  OR
RESIDENCE  AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY THE DOMESTIC ABUSE
OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON  A
FORM PROVIDED BY THE DIVISION.
  2.  IN  THE CASE OF ANY DOMESTIC ABUSE OFFENDER ON PROBATION, IT SHALL
BE THE DUTY OF THE DOMESTIC ABUSE OFFENDER'S PROBATION OFFICER TO NOTIFY
THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF RESIDENCE ON A
FORM PROVIDED BY THE DIVISION. IF SUCH DOMESTIC ABUSE  OFFENDER  CHANGES
THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE
AT  ANY INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFI-
CATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY  THE  DOMESTIC  ABUSE
OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
A FORM PROVIDED BY THE DIVISION.
  3.  IN  THE  CASE  IN WHICH ANY DOMESTIC ABUSE OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY, THE  DESIGNATED  OFFICIAL  OF  THE
FACILITY  WHERE  THE  DOMESTIC  ABUSE OFFENDER WAS CONFINED SHALL NOTIFY
WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDIC-
TION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH  LAW  ENFORCE-
MENT  AGENCY OF THE NAME AND ALIASES OF THE DOMESTIC ABUSE OFFENDER, AND
THE ADDRESS AT WHICH HE OR SHE  RESIDED  AT  THE  TIME  OF  HIS  OR  HER
CONVICTION,  THE  AMOUNT  OF TIME REMAINING TO BE SERVED, IF ANY, ON THE
FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME
FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A  COPY
OF  SUCH  DOMESTIC  ABUSE  OFFENDER'S  FINGERPRINTS AND PHOTOGRAPH AND A
SUMMARY OF HIS OR HER CRIMINAL RECORD.

A. 2850--A                          6

  4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
POSSESSION,  OR  COMMENCES  EMPLOYMENT  OR  ATTENDANCE AT AN EDUCATIONAL
INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH  INFORMA-
TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S  169-D.  DUTIES  OF  THE  COURT.  1.  UPON  CONVICTION OF ANY OF THE
OFFENSES  SET  FORTH  IN  SUBDIVISION  TWO  OF   SECTION   ONE   HUNDRED
SIXTY-NINE-A  OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS
A DOMESTIC ABUSE OFFENDER AND SHALL INCLUDE  THE  CERTIFICATION  IN  THE
JUDGMENT  OF  CONVICTION. THE COURT SHALL ALSO ADVISE THE DOMESTIC ABUSE
OFFENDER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE
CERTIFICATION IN THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A DOMESTIC
ABUSE OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. ANY DOMESTIC ABUSE OFFENDER WHO HAS BEEN  CONVICTED  OF  A  VIOLENT
FELONY  OR  TWO OR MORE MISDEMEANORS AGAINST A PERSON WHO IS A MEMBER OF
SUCH OFFENDER'S FAMILY OR HOUSEHOLD AS DEFINED IN SECTION 530.12 OF  THE
CRIMINAL  PROCEDURE LAW, 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. AT THE TIME SENTENCE IS IMPOSED, SUCH DOMESTIC ABUSE OFFENDER
SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE
COURT  SHALL  REQUIRE  THE DOMESTIC ABUSE OFFENDER TO READ AND SIGN SUCH
FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH  FORM.  THE  COURT
SHALL  ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DOMESTIC ABUSE OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND  ADDRESS  OF
ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY,
ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
WHETHER  HE  OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH AN INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE  DIVISION.
THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER
AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
MATION  TO  THE  LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. WHERE THE
COURT ORDERS A DOMESTIC ABUSE OFFENDER RELEASED ON PROBATION, SUCH ORDER
MUST INCLUDE A PROVISION REQUIRING  THAT  HE  OR  SHE  COMPLY  WITH  THE
REQUIREMENTS  OF  THIS  ARTICLE.  WHERE  SUCH  DOMESTIC  ABUSE  OFFENDER
VIOLATES SUCH PROVISION, PROBATION MAY BE  IMMEDIATELY  REVOKED  IN  THE
MANNER  PROVIDED  BY  ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IT
SHALL  BE  IN  THE  COURTS DISCRETION TO REQUIRE AN OFFENDER TO REGISTER
PURSUANT TO THIS ARTICLE.  IN DETERMINING WHETHER AN OFFENDER SHOULD  BE
ON THE REGISTRY, A JUDGE SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE
OFFENDER  IS  A  VICTIM  WHO  WAS  DEFENDING  HIMSELF OR HERSELF AND THE
OFFENDER'S HISTORY OF AND PROPENSITY FOR VIOLENCE. IN ADDITION, A  JUDGE
MAY  REQUIRE  A THREAT ASSESSMENT OF FUTURE RISK, UTILIZING METHODS SUCH
AS A DOMESTIC VIOLENCE MOSAIC, A DANGER ASSESSMENT, A DOMESTIC  VIOLENCE
SCREENING  INSTRUMENT  OR  A  KINGSTON SCREENING INSTRUMENT FOR DOMESTIC
VIOLENCE OR OTHER THREAT ASSESSMENT AS THE COURT MAY DEEM APPROPRIATE.
  4. THE COURT SHALL PROVIDE  REASONABLE  OPPORTUNITY  TO  A  VICTIM  TO
OBJECT  TO  AN  OFFENDER'S INCLUSION IN THE REGISTRY AND SHALL TAKE SUCH
INFORMATION INTO ACCOUNT  WHILE  DETERMINING  THE  OFFENDER'S  INCLUSION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.

A. 2850--A                          7

  S 169-E. DISCHARGE OF DOMESTIC ABUSE OFFENDER FROM CORRECTIONAL FACIL-
ITY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY DOMESTIC ABUSE OFFENDER, TO BE
DISCHARGED,  PAROLED,  RELEASED  TO POST-RELEASE SUPERVISION OR RELEASED
FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, SHALL  AT  LEAST  FIFTEEN
CALENDAR  DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS
OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH  HE
OR  SHE  WAS  CONFINED.  THE  FACILITY  SHALL REQUIRE THE DOMESTIC ABUSE
OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY  THE  DIVISION
STATING THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN
EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM.  THE  FACILITY  SHALL  OBTAIN  ON  SUCH FORM THE ADDRESS WHERE THE
DOMESTIC ABUSE OFFENDER EXPECTS TO RESIDE UPON  HIS  OR  HER  DISCHARGE,
PAROLE  OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS
TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH  AN  INSTITUTION,  AND
SHALL  REPORT  SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE
ONE COPY OF THE FORM TO THE DOMESTIC ABUSE OFFENDER, RETAIN ONE COPY AND
SHALL SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE  INFORMATION
TO  THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL
GIVE THE DOMESTIC ABUSE OFFENDER A FORM PREPARED  BY  THE  DIVISION,  TO
REGISTER  WITH  THE  DIVISION  AT  LEAST  FIFTEEN CALENDAR DAYS PRIOR TO
RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE  DOMESTIC  ABUSE
OFFENDER  AND  SENT  TO  THE  DIVISION BY THE FACILITY AT LEAST TEN DAYS
PRIOR TO THE DOMESTIC ABUSE OFFENDER'S RELEASE OR DISCHARGE.
  2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
AND  FINGERPRINTS  TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
OBTAINED.
  S 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DOMESTIC ABUSE  OFFEN-
DER  SHALL  (A)  AT  LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
CORRECTIONAL  FACILITY  WHERE HE OR SHE WAS CONFINED, OR (B) IF RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL DISCHARGE, AT THE TIME SENTENCE  IS  IMPOSED,  REGISTER
WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION.
  2. ANY DOMESTIC ABUSE OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
SHALL  ON  OR  BEFORE  EACH ANNIVERSARY OF THE DOMESTIC ABUSE OFFENDER'S
INITIAL REGISTRATION DATE DURING THE  PERIOD  IN  WHICH  HE  OR  SHE  IS
REQUIRED  TO REGISTER VERIFY THAT HE OR SHE STILL RESIDES AT THE ADDRESS
LAST REPORTED TO THE DIVISION.
  3. ANY DOMESTIC ABUSE OFFENDER SHALL REGISTER  WITH  THE  DIVISION  NO
LATER  THAN  TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE
OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR  RESIDENCE
AT ANY INSTITUTION OF HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHOR-
IZED  BY  SUBDIVISION  EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
ARTICLE, SHALL BE SUBMITTED BY THE DOMESTIC  ABUSE  OFFENDER  EACH  TIME
SUCH  DOMESTIC  ABUSE  OFFENDER  REGISTERS  ANY CHANGE OF ADDRESS OR ANY
CHANGE OF HIS OR HER STATUS OF  ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR
RESIDENCE  AT  ANY INSTITUTION OF HIGHER EDUCATION. ANY FAILURE OR OMIS-
SION TO SUBMIT THE REQUIRED FEE SHALL NOT AFFECT THE ACCEPTANCE  BY  THE
DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  DOMESTIC  ABUSE  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  5. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT, AS DEFINED IN SUBDI-
VISIONS EIGHT AND NINE OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTI-

A. 2850--A                          8

CLE, SHALL REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR
HER PLACE OF EMPLOYMENT OR EDUCATIONAL  INSTITUTION  ATTENDED  WITH  THE
DIVISION  WITHIN  TEN  CALENDAR  DAYS  AFTER  SUCH NONRESIDENT WORKER OR
NONRESIDENT STUDENT COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL
INSTITUTION  IN THE STATE. ANY NONRESIDENT WORKER OR NONRESIDENT STUDENT
SHALL NOTIFY THE DIVISION OF ANY  CHANGE  OF  RESIDENCE,  EMPLOYMENT  OR
EDUCATIONAL  INSTITUTION  ADDRESS  NO  LATER  THAN  TEN  DAYS AFTER SUCH
CHANGE. THE DIVISION SHALL NOTIFY THE LAW ENFORCEMENT AGENCY  WHERE  THE
NONRESIDENT WORKER IS EMPLOYED OR THE EDUCATIONAL INSTITUTION IS LOCATED
THAT  A  NONRESIDENT  WORKER  OR  NONRESIDENT STUDENT IS PRESENT IN THAT
AGENCY'S JURISDICTION.
  S 169-G. PRIOR CONVICTIONS; DUTY TO  INFORM  AND  REGISTER.  1.  EVERY
DOMESTIC  ABUSE  OFFENDER  WHO  ON THE EFFECTIVE DATE OF THIS ARTICLE IS
THEN ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR  IN  SUBDIVISION
TWO  OF  SECTION  ONE  HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL WITHIN
THIRTY CALENDAR DAYS OF SUCH EFFECTIVE DATE REGISTER  WITH  HIS  OR  HER
PAROLE  OR  PROBATION  OFFICER. ANY DOMESTIC ABUSE OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE
PROVIDED FOR IN THIS ARTICLE WHICH WOULD  BE  IMPOSED  UPON  A  DOMESTIC
ABUSE  OFFENDER WHO FAILS OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF
THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
  2. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER SUCH DOMESTIC ABUSE OFFENDER ACCORDING TO THE REQUIREMENTS
IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER  SHALL  GIVE  ONE
COPY  OF THE FORM TO THE DOMESTIC ABUSE OFFENDER AND SHALL, WITHIN THREE
CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE  DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DOMESTIC ABUSE OFFENDER
RESIDES  UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
LOCAL CONDITIONAL RELEASE.
  S 169-H. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
REGISTRATION AND VERIFICATION FOR A DOMESTIC ABUSE OFFENDER SHALL BE FOR
A  PERIOD OF FIVE TO TEN YEARS FROM THE INITIAL DATE OF REGISTRATION, AS
DETERMINED BY THE COURT, OR WHILE A PERMANENT ORDER OF PROTECTION EXISTS
AGAINST THE DOMESTIC ABUSE OFFENDER WHICHEVER IS LONGER.
  S 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION  AND
VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
WRITING  SIGNED  BY  THE  DOMESTIC ABUSE OFFENDER GIVING THE INFORMATION
THAT IS REQUIRED BY THE DIVISION AND THE DIVISION SHALL ENTER THE INFOR-
MATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
  S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A DOMESTIC ABUSE
OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE DOMES-
TIC ABUSE OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
  2. THE DIVISION SHALL, IF THE DOMESTIC ABUSE  OFFENDER  CHANGES  RESI-
DENCE  TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE
OF THE NEW PLACE OF RESIDENCE.
  3. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE  ENROLLMENT,  ATTEND-
ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
DOMESTIC  ABUSE  OFFENDER  REQUIRED  TO REGISTER UNDER THIS ARTICLE, THE
DIVISION SHALL NOTIFY EACH LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION
WHICH IS AFFECTED BY SUCH CHANGE.
  S  169-K.  REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
DOMESTIC ABUSE OFFENDER WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE  WHICH

A. 2850--A                          9

REQUIRES  REGISTRATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE SHALL NOTIFY  THE  DIVISION  OF
THE  NEW  ADDRESS  NO  LATER  THAN TEN CALENDAR DAYS AFTER SUCH DOMESTIC
ABUSE OFFENDER ESTABLISHES RESIDENCE IN THIS STATE.
  2.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
THE SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION.  SUCH MATERIALS
SHALL  INCLUDE  AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH OFFICIALS AND
INDIVIDUALS IN OTHER STATES AND UNITED STATES  POSSESSIONS  MAY  USE  TO
OBTAIN ADDITIONAL INFORMATION.
  S  169-L.  PETITION  FOR  RELIEF  OR  MODIFICATION. ANY DOMESTIC ABUSE
OFFENDER WHO IS REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS  ARTICLE
AND  WHO  HAS  BEEN  REGISTERED FOR A MINIMUM PERIOD OF TEN YEARS MAY BE
RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON THE GRANTING OF A PETITION
FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE THE DETER-
MINATION REGARDING DURATION OF REGISTRATION AND LEVEL  OF  NOTIFICATION.
THE  OFFENDER  SHALL  BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINCING
EVIDENCE THAT HIS OR HER RISK OF REPEAT OFFENSE  AND  THREAT  TO  PUBLIC
SAFETY IS SUCH THAT REGISTRATION OR VERIFICATION IS NO LONGER NECESSARY.
SUCH  PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF THE DUTY
TO REGISTER PURSUANT TO THIS ARTICLE  UPON  CONVICTION  OF  ANY  OFFENSE
REQUIRING  REGISTRATION  IN  THE  FUTURE.  SUCH  A PETITION SHALL NOT BE
CONSIDERED MORE THAN ONCE EVERY TWO YEARS. IN THE EVENT THAT THE  DOMES-
TIC ABUSE OFFENDER'S PETITION FOR RELIEF IS GRANTED, THE DISTRICT ATTOR-
NEY  MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS OF
ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW
AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED  TO  REPRESENT  THE  DOMESTIC
ABUSE  OFFENDER  UPON  THE  GROUND  THAT  THE DOMESTIC ABUSE OFFENDER IS
FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY  APPEAL  AS  A
POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  S  169-M. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE, 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. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION. THE DIVISION SHALL DECIDE WHETHER THE NAMED PERSON
REASONABLY APPEARS TO BE A PERSON LISTED, BASED  UPON  INFORMATION  FROM
THE  CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT STREET
ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR  BIRTH
DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL SECURITY
NUMBER,  HAIR  COLOR,  EYE  COLOR, HEIGHT, WEIGHT, DISTINCTIVE MARKINGS,
ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARACTERISTICS IF
AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF THREE OF THE CHARAC-
TERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE  COLOR,  OTHER
IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM  BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON
LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
  2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
  (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;

A. 2850--A                         10

  (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
  (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE A CURRENT ADDRESS AND THAT THE CALL SHALL BE
MAINTAINED IN A WRITTEN RECORD;
  (D) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
  (E) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON; AND
  (F)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
  3. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT  ANY  PERSON  OR
GROUP  OF  PERSONS  IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE
TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY  OR  ANY
PERSON  AGGRIEVED  BY  THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A
CIVIL ACTION IN THE  APPROPRIATE  COURT  REQUESTING  PREVENTIVE  RELIEF,
INCLUDING  AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY INJUNCTION,
RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF  PERSONS
RESPONSIBLE  FOR  THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME-
DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES  THAT  MAY
BE  AVAILABLE  TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH
PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  4.  THE  DIVISION  SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL  INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) 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) 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) NUMBER OF PERSONS LISTED; AND
  (E) A SUMMARY OF THE SUCCESS OF THE  TELEPHONE  NUMBER  PROGRAM  BASED
UPON SELECTED FACTORS.
  S 169-N. DIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAINTAIN A
DIRECTORY  OF  DOMESTIC ABUSE OFFENDERS. THE DIRECTORY SHALL INCLUDE THE
ADDRESS, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT AND PHOTOGRAPH OF
THE DOMESTIC ABUSE OFFENDER ALONG WITH  THE  FOLLOWING  INFORMATION,  IF
AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. THE
DIRECTORY  SHALL  HAVE  DOMESTIC  ABUSE OFFENDER LISTINGS CATEGORIZED BY
COUNTY AND ZIP CODE. A COPY OF THE DIRECTORY SHALL ANNUALLY BE  DISTRIB-
UTED  TO  THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY, COUNTY OR STATE LAW
ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. THE  DIVISION  SHALL
DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL, VILLAGE, TOWN, CITY,
COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN  WRITING  PROVIDE  THEIR
NAME  AND ADDRESS PRIOR TO VIEWING THE DIRECTORY. THE DIRECTORY PROVIDED
FOR IN THIS SECTION SHALL BE UPDATED MONTHLY TO MAINTAIN ITS  EFFICIENCY
AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH DIRECTORY SHALL BE
MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION HOMEPAGE.
  2.    EVERY PAGE OF THE DIVISION'S WEBSITE SHALL PROMINENTLY DISPLAY A
LINK TO THE WEBSITE OF THE NEW YORK STATE OFFICE FOR THE  PREVENTION  OF
DOMESTIC  VIOLENCE AND THE TELEPHONE NUMBER OF THE NEW YORK STATE DOMES-

A. 2850--A                         11

TIC VIOLENCE HOTLINE AND SHALL ALSO CONTAIN  A  CAVEAT  INFORMING  USERS
THAT  A  PERSON  WHO  IS NOT ON THE REGISTRY MAY STILL HAVE A HISTORY OF
VIOLENCE OR A PROPENSITY FOR VIOLENCE AND IF THE USER  SUSPECTS  THAT  A
PERSON  HE  OR  SHE IS INVOLVED WITH IS DANGEROUS, HE OR SHE SHOULD CALL
THE HOTLINE.
  3.  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. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  DIRECTORY  FROM  THE OFFICES OF A LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
ANY PERSON AGGRIEVED 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 SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 169-O. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS SECTION UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S 169-P. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE  AUGUST  FIRST
IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
ING  THE  PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY  RECOMMEN-
DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 169-Q. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT  TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR  A  SECOND  OR
SUBSEQUENT  OFFENSE  SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN
ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL  LAW.  ANY  SUCH
FAILURE  TO  REGISTER  MAY  ALSO  BE  THE BASIS FOR REVOCATION OF PAROLE
PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW  WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 169-R. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 169-S. 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  3.  The  criminal  procedure law is amended by adding a new section
530.15 to read as follows:

A. 2850--A                         12

S 530.15 DOMESTIC ABUSE OFFENDER DETERMINATION.
  IF  IN  THE  OPINION  OF  THE  COURT  THE INTEREST OF JUSTICE WOULD BE
SERVED, THE COURT MAY, IN ITS DISCRETION, FIND A DEFENDANT AGAINST  WHOM
AN ORDER OF PROTECTION HAS BEEN ISSUED ON TWO OR MORE SEPARATE OCCASIONS
IS  A "DOMESTIC ABUSE OFFENDER" AS DEFINED IN SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-NINE-A OF THE CORRECTION LAW.
  S 4. Subdivision 1 of section 530.12 of the criminal procedure law  is
amended by adding a new paragraph (c) to read as follows:
  (C) DETERMINE A DEFENDANT AGAINST WHOM AN ORDER OF PROTECTION HAS BEEN
ISSUED  ON TWO OR MORE SEPARATE OCCASIONS TO BE A "DOMESTIC ABUSE OFFEN-
DER" AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-A
OF THE CORRECTION LAW.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that section one of this
act shall take effect on the first of November next succeeding the  date
on  which  it shall have become a law; and provided further, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date is authorized to be made and completed on or before such date.