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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 03, 2018 |
referred to governmental operations |
| Feb 03, 2017 |
referred to governmental operations |
Assembly Bill A4875
2017-2018 Legislative Session
Establishes the New York State Terrorist Registry
download bill text pdfSponsored By
DENDEKKER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-A4875 (ACTIVE) - Details
2017-A4875 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4875
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
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".
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 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.
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.
LBD02130-02-7
A. 4875 2
§ 3. The executive law is amended by adding a new section 233 to read
as follows:
§ 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.
§ 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-B-1. DUTIES OF THE REGISTRANT.
169-C. DUTIES OF THE DIVISION.
169-D. REGISTRATION INFORMATION.
169-E. REGISTRANT NOTIFICATION; STANDARDIZED REGISTRATION AND
VERIFICATION FORMS.
169-F. ADMINISTRATIVE REVIEW 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.
169-V. UNAUTHORIZED RELEASE OF INFORMATION.
169-W. EXPENSES INCURRED BY GOVERNMENTAL ENTITIES.
169-X. SEPARABILITY.
§ 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.
A. 4875 3
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.
§ 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;
(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;
A. 4875 4
(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.
7-A. "DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES" MEANS THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AS DEFINED IN ARTI-
CLE TWENTY-SIX OF THE EXECUTIVE LAW.
7-B. "DIVISION OF STATE POLICE" MEANS THE DIVISION OF STATE POLICE AS
DEFINED IN ARTICLE ELEVEN OF THE EXECUTIVE LAW.
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.
A. 4875 5
12. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
THIS ARTICLE.
13. "REGISTRANT" MEANS A TERRORIST, THAT UPON ADMINISTRATIVE REVIEW,
PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVI-
SION HAS DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO,
THE NEW YORK STATE TERRORIST REGISTRY.
14. "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.
15. "LIVING IN NEW YORK STATE" MEANS ANY PERSON WHO IS A RESIDENT OF A
PERMANENT PLACE OF DWELLING, LOCATED WITHIN THE STATE OF NEW YORK.
16. "WORKING IN NEW YORK STATE" MEANS ANY PERSON WHO IS EMPLOYED BY
ANY PERSON, BUSINESS, ORGANIZATION, ENTITY OR GOVERNMENT, WHERE SUCH
EMPLOYMENT OCCURS AT ANY LOCATION WITHIN THE STATE OF NEW YORK.
17. "ATTENDING AN EDUCATIONAL INSTITUTION IN NEW YORK STATE" MEANS ANY
PERSON WHO ATTENDS CLASSES OR INSTRUCTION IN ANY SCHOOL, COLLEGE,
UNIVERSITY, TECHNICAL SCHOOL, OR OTHER INSTITUTION OR PLACE OF LEARNING
LOCATED WITHIN THE STATE OF NEW YORK.
§ 169-B-1. DUTIES OF THE REGISTRANT. 1. DUTY TO NOTIFY. ANY PERSON WHO
HAS BEEN CONVICTED OF ANY TERRORIST OFFENSE SET FORTH IN SUBDIVISION TWO
OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, AND/OR WHO HAS
ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, WHO IS LIVING IN
NEW YORK STATE, WORKING IN NEW YORK STATE, OR ATTENDING AN EDUCATIONAL
INSTITUTION IN NEW YORK STATE, AND WHO HAS NOT RECEIVED A REGISTRATION
PACKET, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE, SHALL HAVE A DUTY TO NOTIFY THE DIVISION
OF THEIR NAME, ADDRESS, AND TELEPHONE NUMBER WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE OR WITHIN THIRTY DAYS OF THE COMMENCEMENT
OF THEIR LIVING IN NEW YORK STATE, WORKING IN NEW YORK STATE, OR ATTEND-
ING AN EDUCATIONAL INSTITUTION IN NEW YORK STATE, WHICHEVER IS LATER.
2. DUTY TO REGISTER. ANY PERSON WHO HAS BEEN PROVIDED BY THE DIVISION
WITH A REGISTRATION PACKET AS DEFINED IN SECTION ONE HUNDRED
SIXTY-NINE-E OF THIS ARTICLE, SHALL HAVE A DUTY TO REGISTER WITH THE
DIVISION WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THE REGISTRATION
PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF THE MAILING
OF THE REGISTRATION PACKET BY THE DIVISION, OR WITHIN FIVE CALENDAR DAYS
OF THE DOWNLOADING OF THE STANDARDIZED REGISTRATION FORM FROM THE DIVI-
SION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY THE
DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, AND SHALL FURTHER
RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED
REGISTRATION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES
FIRST CLASS MAIL, OR BY MEANS OF PERSONAL DELIVERY TO THE LAW ENFORCE-
MENT AGENCY HAVING JURISDICTION, IN ORDER TO SATISFY THEIR DUTY TO
REGISTER IN ACCORDANCE WITH THIS ARTICLE.
§ 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
A. 4875 6
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
SHALL THE FAILURE OF A TERRORIST TO RECEIVE 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 ADMINISTRATIVE
REVIEWS TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE
REGISTRY, AND UPON SUCH ADMINISTRATIVE REVIEWS 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. ADMINISTRATIVE REVIEWS OF POTENTIAL REGISTRANTS. THE DIVISION, IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL
MAKE REGULAR ADMINISTRATIVE REVIEWS 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
A. 4875 7
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.
§ 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 SECTIONS ONE HUNDRED SIXTY-NINE-
B-ONE AND ONE HUNDRED SIXTY-NINE-K 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)
A. 4875 8
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
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.
§ 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:
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(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
(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
A. 4875 10
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
SHALL SPECIFY THE ADDRESS, TELEPHONE NUMBER AND DESIGNATED CONTACT
PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
MATION FORM SHALL FURTHER INDICATE THE DATE BY WHICH THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION 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
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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 PERSONS WHO HAVE BEEN CONVICTED OF ANY TERRORIST
OFFENSE SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B
OF THIS ARTICLE, AND/OR WHO HAVE ENGAGED IN ANY VERIFIABLE ACT OF
TERRORISM PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-
NINE-B OF THIS ARTICLE, WHO ARE LIVING IN NEW YORK STATE, WORKING IN NEW
YORK STATE, OR ATTENDING AN EDUCATIONAL INSTITUTION IN NEW YORK STATE,
ARE REQUIRED TO REGISTER WITH AND PROVIDE VERIFICATION TO THE DIVISION
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 CALLING 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 MAKES A DETERMI-
NATION PURSUANT TO THE ADMINISTRATIVE REVIEW THAT THE REGISTRANT TO WHOM
THE MAILING IS DIRECTED TO THE NEW YORK STATE TERRORIST REGISTRY;
(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
A. 4875 12
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,
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;
(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; AND
(G) THE DIVISION, UPON RECEIVING THE COMPLETED REGISTRATION PACKET
FROM THE REGISTRANT, OR SIXTY DAYS AFTER THE DIVISION PROVIDED THE
REGISTRATION PACKET TO THE REGISTRANT, WHICHEVER IS SOONER, SHALL ADD
THE REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
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 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 DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMMEDIATELY CAUSE
SUCH NON-COMPLIANT REGISTRANT 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
A. 4875 13
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.
§ 169-F. ADMINISTRATIVE REVIEW OF POTENTIAL REGISTRANTS. 1. GENERALLY.
THE DIVISION SHALL MAKE REGULAR ADMINISTRATIVE REVIEWS TO IDENTIFY
TERRORISTS, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-
NINE-B OF THIS ARTICLE, WHO ARE LIVING, WORKING OR ATTENDING AN EDUCA-
TIONAL INSTITUTION IN NEW YORK STATE, AND UPON SUCH IDENTIFICATION, THE
DIVISION SHALL MAKE A DETERMINATION IF SUCH PERSON SHOULD BE ADDED TO
THE REGISTRY PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS
SECTION. UPON ANY SUCH ADMINISTRATIVE REVIEW AND DETERMINATION THAT A
PERSON SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, THE DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND
SHALL NOTIFY SUCH PERSON PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF
THIS ARTICLE. THE DIVISION, UPON RECEIVING THE COMPLETED REGISTRATION
PACKET FROM THE REGISTRANT, OR SIXTY DAYS AFTER THE DIVISION PROVIDED
THE REGISTRATION PACKET TO THE REGISTRANT, WHICHEVER IS SOONER, SHALL
ADD THE REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
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;
A. 4875 14
(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 ADMINISTRATIVE
REVIEWS UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE
LIVING, 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 ADMINIS-
TRATIVE REVIEWS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS
ARE OR WILL BE LIVING, 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 ADMINISTRATIVE REVIEWS, PURSUANT TO THIS
SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE LIVING, 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 THE ADMINISTRATIVE
REVIEW PERFORMED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, THE
DIVISION SHALL MAKE A DETERMINATION WHETHER A PERSON SHOULD BE ADDED TO
THE TERRORIST REGISTRY. A DETERMINATION TO ADD A PERSON TO THE TERRORIST
REGISTRY MUST BE MADE UPON A FINDING THAT SUCH PERSON IDENTIFIED IN THE
ADMINISTRATIVE REVIEW IS A TERRORIST, AS DEFINED BY SUBDIVISION ONE OF
SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, AND THAT SUCH PERSON
CURRENTLY IS, OR WILL BE IN THE NEXT NINETY DAYS, LIVING, WORKING OR
ATTENDING AN EDUCATIONAL INSTITUTION IN NEW YORK STATE. UPON SUCH A
FINDING AND DETERMINATION, THE DIVISION SHALL PROVIDE SUCH PERSON WITH
NOTICE THAT THEY HAVE BEEN DETERMINED TO BE ADDED TO THE NEW YORK STATE
TERRORIST REGISTRY, AND SHALL FURTHER PROVIDE SUCH PERSON WITH A REGIS-
TRATION PACKET, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF
THIS ARTICLE AS FOLLOWS:
(A) IF THE DIVISION DETERMINES THAT THE PERSON REQUIRING REGISTRATION
IS NOT PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN, OR
A. 4875 15
WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, THEN THE DIVISION SHALL
MAIL THE REGISTRATION PACKET TO THE LAST KNOWN RESIDENTIAL MAILING
ADDRESS OF THE REGISTRANT, OR
(B) IF THE DIVISION DETERMINES THAT THE PERSON REQUIRING REGISTRATION
IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT TO
COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDITIONAL
RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, THEN THE DIVISION
SHALL MAIL THE REGISTRATION PACKET TO THE WARDEN, ADMINISTRATOR OR
SUPERVISING AUTHORITY OF SUCH CONFINEMENT ENTITY AT WHICH THE REGISTRANT
IS HOUSED, OR TO THE PAROLE OFFICER OF THE REGISTRANT, OR
(C) IF THE DIVISION DETERMINES THAT THE PERSON REQUIRING REGISTRATION
IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT TO
COMMUNITY SUPERVISION OR PROBATION, AND IS SCHEDULED FOR A CONDITIONAL
RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH REGIS-
TRANT HAS EVIDENCED ANY INTENTION TO LIVE, WORK OR ATTEND AN EDUCATIONAL
INSTITUTION IN NEW YORK STATE, THEN THE DIVISION SHALL MAIL THE REGIS-
TRATION PACKET TO THE WARDEN, ADMINISTRATOR OR SUPERVISING AUTHORITY OF
SUCH CONFINEMENT ENTITY AT WHICH THE REGISTRANT IS HOUSED, OR TO THE
PAROLE OFFICER OF THE REGISTRANT.
8. COURT APPLICATION TO ADD A PERSON TO THE REGISTRY. UPON ADMINISTRA-
TIVE REVIEW IN ACCORDANCE WITH THIS SECTION, AND UPON A FINDING THAT A
PERSON IDENTIFIED IN AN ADMINISTRATIVE REVIEW 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-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.
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.
§ 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, SHALL COMMENCE ADMINISTRA-
A. 4875 16
TIVE REVIEWS AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-NINE-F OF THIS ARTICLE, TO DETERMINE WHAT PERSONS SHALL BE
INITIALLY ADDED TO THE REGISTRY. UPON SUCH A FINDING AND DETERMINATION,
THE DIVISION SHALL PROVIDE ALL PERSONS WITH NOTICE THAT THE DIVISION HAS
DETERMINED TO HAVE ADDED THEM TO THE NEW YORK STATE TERRORIST REGISTRY,
AND THE DIVISION SHALL FURTHER PROVIDE ALL SUCH PERSONS WITH A REGISTRA-
TION PACKET, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS
ARTICLE. THE DIVISION, UPON RECEIVING THE COMPLETED REGISTRATION PACKET
FROM THE REGISTRANT, OR SIXTY DAYS AFTER THE DIVISION PROVIDED THE
REGISTRATION PACKET TO THE REGISTRANT, WHICHEVER IS SOONER, SHALL ADD
THE REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
§ 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS. 1. DUTY AND
OBLIGATION TO REGISTER AND VERIFY. ANY PERSON DETERMINED TO BE 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 REGISTRATION AND QUARTERLY VERIFICATION INFORMATION, IN
ACCORDANCE WITH THIS ARTICLE.
2. SPECIFIC DUTIES AND OBLIGATIONS. ANY PERSON TO BE 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 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 ENFORCEMENT 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.
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;
A. 4875 17
(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
BUT IN NO EVENT SHALL A PARDON BY THE PRESIDENT OF THE UNITED STATES OF
A PERSON WHO WAS DETAINED BY THE UNITED STATES AT THE FEDERAL INCARCERA-
TION FACILITIES AT GUANTANAMO BAY, CUBA, BE GROUNDS ALONE FOR THE
REMOVAL OF A PERSON FROM THE TERRORIST REGISTRY, AND IN THE EVENT SUCH A
PERSON, WHO WAS SO DETAINED AT SUCH FACILITY, RECEIVES SUCH A PARDON
FROM THE PRESIDENT OF THE UNITED STATES, THE DIVISION SHALL MAKE A JOINT
DETERMINATION WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, AS TO WHETHER OR NOT SUCH PERSON SHALL BE REMOVED FROM THE
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 AND EDUCATIONAL INSTITU-
TION 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.
§ 169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF A REGISTRANT. (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
REGISTRANT, 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 PURSUANT TO PARAGRAPH
(A) OF THIS SECTION IS PRESENT IN COURT, THEN THE COURT SHALL ADVISE
SUCH PERSON OF HIS OR HER DUTIES AND OBLIGATIONS 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 SHALL IT
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
A. 4875 18
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 ITS ADMINISTRATIVE REVIEW, MAY PETI-
TION THE SUPREME COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF
THE IDENTIFICATION BY SUCH ADMINISTRATIVE REVIEW, BY MAILING A COPY OF
THE PETITION TO THE LAST KNOWN ADDRESS OF SUCH PERSON, FOR A CERTIF-
ICATION THAT SUCH PERSON THAT IS THE SUBJECT OF SUCH IDENTIFICATION BY
SUCH ADMINISTRATIVE REVIEW, AND THAT IN THE JOINT DETERMINATION OF THE
DIVISION AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
THAT SUCH PERSON 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 CERTIF-
ICATION 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 NOTIFI-
CATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTI-
CLE.
(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
A. 4875 19
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
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 AMOUNT TO AN INAPPROPRIATE MISCARRIAGE OF JUSTICE.
(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.
A. 4875 20
§ 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 FOURTEEN 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 FOURTEEN 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 TERRORIST TO RECEIVE
SUCH NOTICE SHALL NOT RELIEVE THE THE TERRORIST OF ANY DUTY AND/OR OBLI-
GATION UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDIVISION
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 TERROR-
IST 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
A. 4875 21
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
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.
§ 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
A. 4875 22
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
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 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.
A. 4875 23
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.
§ 169-L. DURATION OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
A. 4875 24
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
§ 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 AND EDUCATIONAL INSTITUTION ATTENDED
WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE IN THE
REGISTRANT'S PLACE OF LIVING, EMPLOYMENT AND EDUCATIONAL INSTITUTION 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 LIVING, PLACE OF EMPLOYMENT AND PLACE OF EDUCATIONAL
INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURIS-
DICTION WHERE THE TERRORIST LAST LIVED, WORKED AND ATTENDED AN EDUCA-
TIONAL INSTITUTION, 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
A. 4875 25
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 SHAREABLE. 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.
§ 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.
A. 4875 26
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.
§ 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.
§ 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;
A. 4875 27
(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
A. 4875 28
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.
§ 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
A. 4875 29
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.
§ 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.
A. 4875 30
§ 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.
§ 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 THE CRIMINAL
PROCEDURE LAW.
§ 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.
§ 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
A. 4875 31
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
TWELVE MONTHS, WITH SUCH NOTIFICATION IDENTIFYING THE LOCAL GOVERNMENTS
AND THE STATE AGENCIES THAT HAVE MADE SUCH APPLICATIONS.
§ 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.
§ 5. The penal law is amended by adding a new section 490.23 to read
as follows:
§ 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.
§ 6. The state finance law is amended by adding a new section 97-aaaa
to read as follows:
§ 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.
§ 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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