S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6402
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced by M. of A. CASTORINA, CROUCH, DiPIETRO, FINCH, FRIEND, GRAF,
   GOODELL,  McDONOUGH, RAIA, VANEL, WILLIAMS -- Multi-Sponsored by -- M.
   of A. LOPEZ -- read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation  to  creating  the  drug
   dealer registration act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  article  6-D
 to read as follows:
                                ARTICLE 6-D
                       DRUG DEALER REGISTRATION ACT
 SECTION 169.   SHORT TITLE.
         169-A. DEFINITIONS.
         169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
         169-C. DRUG DEALER; RELOCATION; NOTIFICATION.
         169-D. DUTIES OF THE COURT.
         169-E. DISCHARGE  OF  DRUG  DEALER  FROM  CORRECTIONAL FACILITY;
                  DUTIES OF OFFICIAL IN CHARGE.
         169-F. DUTY TO REGISTER AND TO VERIFY.
         169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
         169-H. DURATION OF REGISTRATION AND VERIFICATION.
         169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
         169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                  OF ADDRESS.
         169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
         169-L. BOARD OF EXAMINERS OF DRUG DEALERS.
         169-M. REVIEW.
         169-N. JUDICIAL DETERMINATION.
         169-O. PETITION FOR RELIEF OR MODIFICATION.
         169-P. SPECIAL TELEPHONE NUMBER.
         169-Q. SUBDIRECTORY; INTERNET POSTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09287-01-7

 A. 6402                             2
 
         169-R. IMMUNITY FROM LIABILITY.
         169-S. ANNUAL REPORT.
         169-T. PENALTY.
         169-U. UNAUTHORIZED RELEASE OF INFORMATION.
         169-V. PROHIBITION  OF  EMPLOYMENT  ON MOTOR VEHICLES ENGAGED IN
                  RETAIL SALES OF FROZEN DESSERTS.
         169-W. SEPARABILITY.
   § 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "DRUG DEALER REGISTRATION ACT".
   §  169-A.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS APPLY:
   1. "DRUG DEALER" INCLUDES ANY PERSON WHO IS CONVICTED OF  ANY  OF  THE
 OFFENSES  SET FORTH IN SUBDIVISION TWO OF THIS SECTION. CONVICTIONS THAT
 RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR RESULT FROM  OFFENSES
 COMMITTED  AT  THE  SAME  TIME, SHALL BE COUNTED FOR THE PURPOSE OF THIS
 ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE PURSUANT TO  LAW  IS
 NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
   2. "DRUG OFFENSE" MEANS A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT
 TO  COMMIT  ANY  OF  THE  PROVISIONS  OF SECTION 220.31, 220.34, 220.39,
 220.41, 220.43, 220.44, 220.48, 220.65, 220.73, 220.74, 220.75 OR 220.77
 OF ARTICLE TWO HUNDRED TWENTY  OF  THE  PENAL  LAW  OR  SECTION  221.35,
 221.40,  221.45,  221.50  OR 221.55 OF ARTICLE TWO HUNDRED TWENTY-ONE OF
 THE PENAL LAW.
   3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION"  MEANS:  (A)  (I)  THE
 CHIEF  LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE
 DEALER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,  PAROLE,
 RELEASE  TO  POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL
 CONDITIONAL RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT  OFFI-
 CER  IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF
 THE COUNTY IN WHICH THE DEALER EXPECTS TO RESIDE; OR (III) IF  THERE  BE
 NO  CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
 DIVISION OF STATE POLICE AND (B) IN THE CASE OF A DRUG DEALER WHO IS  OR
 EXPECTS  TO  BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED, WHETHER
 FOR COMPENSATION OR NOT, AT AN INSTITUTION OF HIGHER EDUCATION, (I)  THE
 CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH
 INSTITUTION  IS  LOCATED;  OR  (II) IF THERE BE NO CHIEF LAW ENFORCEMENT
 OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER
 OF THE COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE
 NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR  COUNTY,
 THE  DIVISION  OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR
 EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF  OF  SUCH
 AGENCY AND (C) IN THE CASE OF A DRUG DEALER WHO EXPECTS TO RESIDE WITHIN
 A  STATE  PARK  OR ON OTHER LAND UNDER THE JURISDICTION OF THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION,  THE  STATE  REGIONAL  PARK
 POLICE.
   4.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
 DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   5. "BOARD" MEANS THE "BOARD OF EXAMINERS OF DRUG DEALERS"  ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE.
   6. 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.
   §  169-B.  DUTIES  OF  THE  DIVISION; REGISTRATION INFORMATION. 1. THE
 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
 REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
 THE FOLLOWING INFORMATION OF EACH REGISTRANT:

 A. 6402                             3
 
   (A) THE DRUG DEALER'S NAME, ALL ALIASES  USED,  DATE  OF  BIRTH,  SEX,
 RACE,  HEIGHT,  WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS
 AND/OR EXPECTED PLACE OF DOMICILE.
   (B)  A  PHOTOGRAPH  AND SET OF FINGERPRINTS. FOR A DRUG DEALER GIVEN A
 LEVEL THREE DESIGNATION, THE DIVISION SHALL, DURING THE PERIOD OF REGIS-
 TRATION, UPDATE SUCH PHOTOGRAPH ONCE EACH YEAR. FOR A DRUG DEALER  GIVEN
 A  LEVEL  ONE  OR  LEVEL TWO DESIGNATION, THE DIVISION SHALL, DURING THE
 PERIOD OF REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY  THREE  YEARS.
 THE  DIVISION SHALL NOTIFY THE DRUG DEALER BY MAIL OF THE DUTY TO APPEAR
 AND BE PHOTOGRAPHED AT  THE  SPECIFIED  LAW  ENFORCEMENT  AGENCY  HAVING
 JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY DAYS AND
 NOT  MORE  THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO BE TAKEN
 PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-F OF  THIS
 ARTICLE.
   (C)  A  DESCRIPTION  OF  THE  OFFENSE  FOR  WHICH  THE DRUG DEALER WAS
 CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED INCLUDING THE
 TYPE OF ASSIGNED SUPERVISION AND THE LENGTH OF TIME OF SUCH SUPERVISION.
   (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
 WHICH  THE  DRUG  DEALER  IS  OR  EXPECTS  TO  BE ENROLLED, ATTENDING OR
 EMPLOYED, WHETHER FOR COMPENSATION  OR  NOT,  AND  WHETHER  SUCH  DEALER
 RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTI-
 TUTION.
   (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   2.  (A)  THE  DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
 ANY REGIONAL OR NATIONAL REGISTRY OF DRUG DEALERS  FOR  THE  PURPOSE  OF
 SHARING  INFORMATION.  THE DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL
 OR NATIONAL REGISTRY OF DRUG DEALERS AND SHALL MAKE SUCH FILES AVAILABLE
 WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   (B) THE DIVISION SHALL ALSO MAKE REGISTRY  INFORMATION  AVAILABLE  TO:
 (I)  THE  DEPARTMENT  OF  HEALTH,  TO ENABLE SUCH DEPARTMENT TO IDENTIFY
 PERSONS INELIGIBLE TO  RECEIVE  REIMBURSEMENT  OR  COVERAGE  FOR  DRUGS,
 PROCEDURES  OR SUPPLIES PURSUANT TO SUBDIVISION SEVEN OF SECTION TWENTY-
 FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW, PARAGRAPH (E) OF  SUBDIVISION
 FOUR  OF  SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW,
 AND SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY-ONE OF THE  ELDER  LAW;
 (II)  THE  DEPARTMENT OF FINANCIAL SERVICES TO ENABLE SUCH DEPARTMENT TO
 IDENTIFY PERSONS INELIGIBLE TO RECEIVE  REIMBURSEMENT  OR  COVERAGE  FOR
 DRUGS,  PROCEDURES  OR  SUPPLIES PURSUANT TO SUBSECTION (B-1) OF SECTION
 FOUR THOUSAND THREE HUNDRED TWENTY-TWO AND SUBSECTION (D-1)  OF  SECTION
 FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW; AND (III) A
 COURT,  TO  ENABLE  THE  COURT TO PROMPTLY COMPLY WITH THE PROVISIONS OF
 PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY  OF  THE
 DOMESTIC RELATIONS LAW, SUBDIVISION (E) OF SECTION SIX HUNDRED FIFTY-ONE
 OF  THE  FAMILY  COURT  ACT, AND SUBDIVISION (G) OF SECTION 81.19 OF THE
 MENTAL HYGIENE LAW.
   (C) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
 OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
 DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
 NESS  OF  THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION, PROVIDED THAT SUCH OFFICIAL,  AGENCY,
 AUTHORIZED  PERSON  OR  ENTITY  ACTED  REASONABLY AND IN GOOD FAITH WITH
 RESPECT TO SUCH REGISTRY INFORMATION.
   (D) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
 REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
 PROVISIONS OF THIS ARTICLE.

 A. 6402                             4
 
   3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
 MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DRUG DEAL-
 ER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
 LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
 MENTS.
   5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE.
   6.  THE  DIVISION  SHALL  ALSO  ESTABLISH  A  SUBDIRECTORY PURSUANT TO
 SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE.
   7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   8.  THE  DIVISION  SHALL  CHARGE A FEE OF TEN DOLLARS EACH TIME A DRUG
 DEALER REGISTERS ANY CHANGE OF ADDRESS OR  ANY  CHANGE  OF  HIS  OR  HER
 STATUS  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
 TUTION OF HIGHER EDUCATION AS REQUIRED BY SUBDIVISION  FOUR  OF  SECTION
 ONE  HUNDRED  SIXTY-NINE-F OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE
 DIVISION BY THE DRUG DEALER. THE STATE COMPTROLLER IS HEREBY  AUTHORIZED
 TO DEPOSIT SUCH FEES INTO THE GENERAL FUND.
   9.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
 TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
 A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
 THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
 REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
 REGISTRY TO SUCH PERSONS.
   10.  THE DIVISION SHALL MAKE REGISTRY INFORMATION AVAILABLE TO MUNICI-
 PAL HOUSING AUTHORITIES TO ENABLE SUCH AUTHORITIES TO  IDENTIFY  PERSONS
 INELIGIBLE  TO  RESIDE  IN  PUBLIC HOUSING. THE DIVISION SHALL, AT LEAST
 MONTHLY, RELEASE TO EACH MUNICIPAL HOUSING AUTHORITY  INFORMATION  ABOUT
 DRUG DEALERS WITH A HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE WITH-
 IN THE CORRESPONDING MUNICIPALITY. THE DIVISION MAY PROMULGATE RULES AND
 REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
 REGISTRY TO SUCH AUTHORITIES.
   §  169-C. DRUG DEALER; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY
 DRUG DEALER, IT SHALL BE THE DUTY OF THE DEPARTMENT, HOSPITAL  OR  LOCAL
 CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE RELEASE OR
 DISCHARGE  OF  ANY DRUG DEALER FROM A CORRECTIONAL FACILITY, HOSPITAL OR
 LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF  THE  CONTEMPLATED
 RELEASE  OR  DISCHARGE  OF  SUCH  DRUG DEALER, INFORMING THE DIVISION IN
 WRITING ON A FORM PROVIDED BY THE DIVISION  INDICATING  THE  ADDRESS  AT
 WHICH  HE  OR  SHE  PROPOSES  TO  RESIDE AND THE NAME AND ADDRESS OF ANY
 INSTITUTION OF HIGHER EDUCATION  AT  WHICH  HE  OR  SHE  EXPECTS  TO  BE
 ENROLLED,  ATTENDING  OR  EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND
 WHETHER HE OR SHE RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPER-
 ATED BY SUCH INSTITUTION. IF SUCH DRUG DEALER CHANGES HIS OR  HER  PLACE
 OF  RESIDENCE  WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
 DENCE SHALL BE SENT BY THE DRUG DEALER'S PAROLE  OFFICER  WITHIN  FORTY-
 EIGHT  HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF SUCH
 DRUG DEALER CHANGES THE STATUS OF HIS  OR  HER  ENROLLMENT,  ATTENDANCE,
 EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
 PAROLE, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT  BY  THE
 DRUG DEALER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
 A FORM PROVIDED BY THE DIVISION.

 A. 6402                             5
 
   2.  IN  THE CASE OF ANY DRUG DEALER ON PROBATION, IT SHALL BE THE DUTY
 OF THE DRUG DEALER'S PROBATION OFFICER TO  NOTIFY  THE  DIVISION  WITHIN
 FORTY-EIGHT  HOURS  OF  THE NEW PLACE OF RESIDENCE ON A FORM PROVIDED BY
 THE DIVISION. IF SUCH DRUG DEALER CHANGES  THE  STATUS  OF  HIS  OR  HER
 ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
 HIGHER EDUCATION WHILE ON PROBATION, SUCH NOTIFICATION OF THE CHANGE  OF
 STATUS  SHALL  BE  SENT  BY  THE  DRUG DEALER'S PROBATION OFFICER WITHIN
 FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
   3. IN THE CASE IN WHICH ANY DRUG DEALER ESCAPES FROM A STATE OR  LOCAL
 CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFICIAL OF THE FACIL-
 ITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL NOTIFY WITHIN TWEN-
 TY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT  THE
 TIME  OF HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF
 THE NAME AND ALIASES OF THE PERSON, AND THE ADDRESS AT WHICH HE  OR  SHE
 RESIDED AT THE TIME OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAIN-
 ING  TO  BE  SERVED,  IF  ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS
 SENTENCED, AND THE  NATURE  OF  THE  CRIME  FOR  WHICH  HE  OR  SHE  WAS
 SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH DRUG DEALER'S
 FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD.
   4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
 MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
 TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
 AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
 POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI-
 TUTION  IN  ANOTHER  STATE OR UNITED STATES POSSESSION. SUCH INFORMATION
 SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
 WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
   § 169-D. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
 OFFENSES   SET   FORTH   IN  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
 SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS
 A  DRUG  DEALER  AND  SHALL  INCLUDE  THE  CERTIFICATION IN THE ORDER OF
 COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT  SHALL  ALSO
 ADVISE  THE DRUG DEALER OF HIS OR HER DUTIES UNDER THIS ARTICLE. FAILURE
 TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR THE  JUDGMENT
 OF CONVICTION SHALL NOT RELIEVE A DRUG DEALER OF THE OBLIGATIONS IMPOSED
 BY THIS ARTICLE.
   2.  ANY  DRUG  DEALER, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
 PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE
 SHALL,  PRIOR  TO  SUCH  RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
 DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH HE OR SHE  WAS
 CONVICTED.  AT  THE  TIME  SENTENCE  IS  IMPOSED, SUCH DRUG DEALER SHALL
 REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE COURT
 SHALL REQUIRE THE DRUG DEALER TO READ AND SIGN SUCH FORM AND TO COMPLETE
 THE REGISTRATION PORTION OF SUCH FORM. THE  COURT  SHALL  ON  SUCH  FORM
 OBTAIN  THE  ADDRESS WHERE THE DRUG DEALER EXPECTS TO RESIDE UPON HIS OR
 HER RELEASE, AND THE NAME AND  ADDRESS  OF  ANY  INSTITUTION  OF  HIGHER
 EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR
 EMPLOYED.  THE  COURT SHALL GIVE ONE COPY OF THE FORM TO THE DRUG DEALER
 AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE INFOR-
 MATION TO THE LAW ENFORCEMENT AGENCIES HAVING  JURISDICTION.  THE  COURT
 SHALL  ALSO NOTIFY THE DISTRICT ATTORNEY AND THE DRUG DEALER OF THE DATE
 OF THE DETERMINATION PROCEEDING TO BE HELD PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION, WHICH SHALL BE HELD AT LEAST FORTY-FIVE DAYS AFTER SUCH
 NOTICE IS GIVEN.  THIS NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT OR A
 SUBSTANTIALLY SIMILAR STATEMENT:  "THIS  PROCEEDING  IS  BEING  HELD  TO
 DETERMINE  WHETHER  YOU  WILL BE CLASSIFIED AS A LEVEL 3 DEALER (RISK OF

 A. 6402                             6
 
 REPEAT OFFENSE IS HIGH), A LEVEL 2 DEALER (RISK  OF  REPEAT  OFFENSE  IS
 MODERATE),  OR  A  LEVEL 1 DEALER (RISK OF REPEAT OFFENSE IS LOW), WHICH
 WILL DETERMINE HOW LONG YOU MUST REGISTER AS A DRUG DEALER AND HOW  MUCH
 INFORMATION  CAN BE PROVIDED TO THE PUBLIC CONCERNING YOUR REGISTRATION.
 IF YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE,  IT
 SHALL  BE HELD IN YOUR ABSENCE. FAILURE TO APPEAR MAY RESULT IN A LONGER
 PERIOD OF REGISTRATION OR  A  HIGHER  LEVEL  OF  COMMUNITY  NOTIFICATION
 BECAUSE  YOU  ARE  NOT  PRESENT  TO  OFFER  EVIDENCE OR CONTEST EVIDENCE
 OFFERED BY THE DISTRICT ATTORNEY." THE COURT SHALL ALSO ADVISE THE  DRUG
 DEALER  THAT  HE  OR  SHE  HAS A RIGHT TO A HEARING PRIOR TO THE COURT'S
 DETERMINATION, THAT HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY COUNSEL
 AT THE HEARING AND THAT COUNSEL WILL BE APPOINTED IF HE OR SHE IS FINAN-
 CIALLY UNABLE TO RETAIN COUNSEL. IF THE DRUG DEALER APPLIES FOR  ASSIGN-
 MENT  OF  COUNSEL TO REPRESENT HIM OR HER AT THE HEARING AND COUNSEL WAS
 NOT PREVIOUSLY ASSIGNED TO REPRESENT THE DRUG DEALER IN  THE  UNDERLYING
 CRIMINAL  ACTION, THE COURT SHALL DETERMINE WHETHER THE DEALER IS FINAN-
 CIALLY UNABLE TO RETAIN COUNSEL.  IF SUCH A FINDING IS MADE,  THE  COURT
 SHALL  ASSIGN  COUNSEL  TO REPRESENT THE DRUG DEALER PURSUANT TO ARTICLE
 EIGHTEEN-B OF THE COUNTY LAW. WHERE  THE  COURT  ORDERS  A  DRUG  DEALER
 RELEASED  ON  PROBATION,  SUCH  ORDER MUST INCLUDE A PROVISION REQUIRING
 THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE  SUCH
 DRUG  DEALER  VIOLATES  SUCH  PROVISION,  PROBATION  MAY  BE IMMEDIATELY
 REVOKED IN THE MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMI-
 NAL PROCEDURE LAW.
   3. FOR DRUG DEALERS RELEASED ON PROBATION OR DISCHARGED  UPON  PAYMENT
 OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL BE
 THE DUTY OF THE COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
 FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE TO DETERMINE
 THE LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION  SIX  OF  SECTION  ONE
 HUNDRED  SIXTY-NINE-L  OF THIS ARTICLE.   AT LEAST FIFTEEN DAYS PRIOR TO
 THE DETERMINATION PROCEEDING, THE DISTRICT ATTORNEY SHALL PROVIDE TO THE
 COURT AND THE DRUG DEALER A WRITTEN STATEMENT SETTING FORTH THE DETERMI-
 NATIONS SOUGHT BY THE DISTRICT ATTORNEY TOGETHER WITH  THE  REASONS  FOR
 SEEKING  SUCH  DETERMINATIONS.  THE COURT SHALL ALLOW THE DRUG DEALER TO
 APPEAR AND BE HEARD. THE STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR
 HIS OR HER DESIGNEE, WHO SHALL BEAR THE  BURDEN  OF  PROVING  THE  FACTS
 SUPPORTING  THE  DETERMINATIONS SOUGHT BY CLEAR AND CONVINCING EVIDENCE.
 WHERE THERE IS A DISPUTE BETWEEN THE  PARTIES  CONCERNING  THE  DETERMI-
 NATIONS,  THE COURT SHALL ADJOURN THE HEARING AS NECESSARY TO PERMIT THE
 DRUG DEALER OR THE DISTRICT ATTORNEY TO OBTAIN MATERIALS RELEVANT TO THE
 DETERMINATIONS FROM ANY STATE OR LOCAL FACILITY, HOSPITAL,  INSTITUTION,
 OFFICE,  AGENCY,  DEPARTMENT OR DIVISION. SUCH MATERIALS MAY BE OBTAINED
 BY SUBPOENA IF NOT VOLUNTARILY PROVIDED  TO  THE  REQUESTING  PARTY.  IN
 MAKING THE DETERMINATIONS, THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT
 AND ANY RELEVANT MATERIALS AND EVIDENCE SUBMITTED BY THE DRUG DEALER AND
 THE  DISTRICT  ATTORNEY  AND  THE  COURT  MAY  CONSIDER RELIABLE HEARSAY
 EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT  TO  THE
 DETERMINATIONS. FACTS PREVIOUSLY PROVEN AT TRIAL OR ELICITED AT THE TIME
 OF  ENTRY  OF  A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND
 CONVINCING EVIDENCE AND SHALL  NOT  BE  RE-LITIGATED.  THE  COURT  SHALL
 RENDER  AN  ORDER  SETTING  FORTH ITS DETERMINATIONS AND THE FINDINGS OF
 FACT AND CONCLUSIONS OF LAW ON WHICH THE  DETERMINATIONS  ARE  BASED.  A
 COPY  OF THE ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON
 APPLICATION OF EITHER PARTY, THE COURT SHALL SEAL  ANY  PORTION  OF  THE
 COURT  FILE OR RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER
 ANY STATE OR FEDERAL STATUTE. EITHER PARTY MAY APPEAL AS OF  RIGHT  FROM

 A. 6402                             7

 THE  ORDER  PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX
 AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW AND RULES. WHERE  COUNSEL  HAS
 BEEN ASSIGNED TO REPRESENT THE DRUG DEALER UPON THE GROUND THAT THE DRUG
 DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE
 CONTINUED  THROUGHOUT  THE  PENDENCY  OF  THE APPEAL, AND THE PERSON MAY
 APPEAL AS A POOR PERSON PURSUANT TO ARTICLE  EIGHTEEN-B  OF  THE  COUNTY
 LAW.
   4.  IF A DRUG DEALER, HAVING BEEN GIVEN NOTICE, INCLUDING THE TIME AND
 PLACE OF THE DETERMINATION PROCEEDING IN ACCORDANCE WITH  THIS  SECTION,
 FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
 SHALL  CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION.
   § 169-E. DISCHARGE OF DRUG DEALER FROM CORRECTIONAL  FACILITY;  DUTIES
 OF  OFFICIAL  IN CHARGE.  1. ANY DRUG DEALER, TO BE DISCHARGED, PAROLED,
 RELEASED TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL
 CORRECTIONAL FACILITY, HOSPITAL OR  INSTITUTION  WHERE  HE  OR  SHE  WAS
 CONFINED  OR  COMMITTED,  SHALL  AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO
 DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER
 UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS  CONFINED  OR
 COMMITTED.  THE  FACILITY SHALL REQUIRE THE DRUG DEALER TO READ AND SIGN
 SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
 TER  AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER
 AND TO COMPLETE THE REGISTRATION PORTION  OF  SUCH  FORM.  THE  FACILITY
 SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE DRUG DEALER EXPECTS TO
 RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE  AND  THE  NAME  AND
 ADDRESS  OF  ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE
 EMPLOYED BY, ENROLLED IN, ATTENDING OR  EMPLOYED,  WHETHER  FOR  COMPEN-
 SATION  OR NOT. THE FACILITY SHALL GIVE ONE COPY OF THE FORM TO THE DRUG
 DEALER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO  THE  DIVISION  WHICH
 SHALL  PROVIDE  THE  INFORMATION  TO THE LAW ENFORCEMENT AGENCIES HAVING
 JURISDICTION. THE FACILITY SHALL GIVE THE DRUG DEALER A FORM PREPARED BY
 THE DIVISION, TO REGISTER WITH THE DIVISION AT  LEAST  FIFTEEN  CALENDAR
 DAYS  PRIOR  TO  RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE
 DRUG DEALER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST  TEN  DAYS
 PRIOR TO THE DRUG DEALER'S RELEASE OR DISCHARGE.
   2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
 AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF  NOT  ALREADY
 OBTAINED.
   § 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DRUG DEALER SHALL, (A)
 AT  LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-
 RELEASE SUPERVISION OR RELEASE FROM  ANY  STATE  OR  LOCAL  CORRECTIONAL
 FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
 COMMITTED, OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY  DRUG  DEALER
 RELEASED  ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL
 DISCHARGE OR UNCONDITIONAL DISCHARGE, REGISTER WITH THE  DIVISION  ON  A
 FORM PREPARED BY THE DIVISION.
   2.  FOR  A DRUG DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
 ANNIVERSARY OF THE DRUG DEALER'S INITIAL REGISTRATION  DATE  DURING  THE
 PERIOD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE
 FOLLOWING APPLIES:
   (A)  THE  DRUG DEALER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION
 WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   (B) THE VERIFICATION FORM SHALL BE SIGNED  BY  THE  DRUG  DEALER,  AND
 STATE  THAT  HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE
 DIVISION.

 A. 6402                             8
 
   (C) IF THE DRUG DEALER HAS BEEN GIVEN A  LEVEL  TWO  OR  THREE  DESIG-
 NATION,  SUCH DEALER SHALL SIGN THE VERIFICATION FORM, AND STATE THAT HE
 OR SHE STILL IS EMPLOYED AT THE ADDRESS LAST REPORTED TO THE DIVISION.
   (D) IF THE DRUG DEALER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, HE OR
 SHE  SHALL PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURIS-
 DICTION WITHIN TWENTY DAYS OF THE FIRST ANNIVERSARY OF THE DRUG DEALER'S
 INITIAL REGISTRATION AND EVERY YEAR  THEREAFTER  DURING  THE  PERIOD  OF
 REGISTRATION  FOR  THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH
 DEALER. THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL  PHOTOGRAPH
 THE  DRUG DEALER AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTOGRAPH TO
 THE DIVISION. FOR PURPOSES OF THIS PARAGRAPH, IF  SUCH  DRUG  DEALER  IS
 CONFINED  IN  A  STATE  OR  LOCAL  CORRECTIONAL  FACILITY, THE LOCAL LAW
 ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE WARDEN,  SUPERINTEN-
 DENT,  SHERIFF  OR  OTHER PERSON IN CHARGE OF THE STATE OR LOCAL CORREC-
 TIONAL FACILITY.
   (E) IF THE DRUG DEALER HAS BEEN GIVEN A LEVEL ONE OR LEVEL TWO  DESIG-
 NATION,  HE OR SHE SHALL PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY
 HAVING JURISDICTION WITHIN TWENTY DAYS OF THE THIRD ANNIVERSARY  OF  THE
 DRUG  DEALER'S  INITIAL  REGISTRATION  AND  EVERY THREE YEARS THEREAFTER
 DURING THE PERIOD OF REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT
 PHOTOGRAPH OF SUCH DEALER. THE LAW ENFORCEMENT AGENCY  HAVING  JURISDIC-
 TION  SHALL PHOTOGRAPH THE DRUG DEALER AND SHALL PROMPTLY FORWARD A COPY
 OF SUCH PHOTOGRAPH TO THE DIVISION. FOR PURPOSES OF THIS  PARAGRAPH,  IF
 SUCH  DRUG DEALER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY,
 THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE  WARD-
 EN,  SUPERINTENDENT,  SHERIFF  OR OTHER PERSON IN CHARGE OF THE STATE OR
 LOCAL CORRECTIONAL FACILITY.
   (F) IF THE DRUG DEALER FAILS TO MAIL THE SIGNED VERIFICATION  FORM  TO
 THE  DIVISION  WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE OR
 SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE  PROVES  THAT
 HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
   (G)  IF  THE DRUG DEALER, TO WHOM A NOTICE HAS BEEN MAILED AT THE LAST
 REPORTED ADDRESS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, FAILS TO PERSONALLY APPEAR  AT
 THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS PROVIDED IN PARAGRAPH
 (D) OR (E) OF THIS SUBDIVISION, WITHIN TWENTY DAYS OF THE ANNIVERSARY OF
 THE DRUG DEALER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHE-
 DULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, HE OR SHE SHALL
 BE  IN VIOLATION OF THIS SECTION. THE DUTY TO PERSONALLY APPEAR FOR SUCH
 UPDATED PHOTOGRAPH SHALL BE TEMPORARILY SUSPENDED DURING ANY  PERIOD  IN
 WHICH  THE  DRUG  DEALER IS CONFINED IN ANY HOSPITAL OR INSTITUTION, AND
 SUCH DRUG DEALER SHALL PERSONALLY APPEAR FOR SUCH UPDATED PHOTOGRAPH  NO
 LATER  THAN NINETY DAYS AFTER RELEASE FROM SUCH HOSPITAL OR INSTITUTION,
 OR AN ALTERNATE LATER DATE  SCHEDULED  BY  THE  LAW  ENFORCEMENT  AGENCY
 HAVING JURISDICTION.
   3. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
 BE  APPLICABLE  TO  ANY  DRUG  DEALER WHOSE CONVICTION WAS REVERSED UPON
 APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
   4. ANY DRUG DEALER SHALL REGISTER WITH THE DIVISION NO LATER THAN  TEN
 CALENDAR  DAYS  AFTER ANY CHANGE OF ADDRESS, OR ANY CHANGE OF HIS OR HER
 STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY  INSTI-
 TUTION  OF  HIGHER  EDUCATION.  A  FEE  OF TEN DOLLARS, AS AUTHORIZED BY
 SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-B OF  THIS  ARTICLE,
 SHALL  BE  SUBMITTED  BY THE DRUG DEALER EACH TIME SUCH DEALER REGISTERS
 ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF  ENROLLMENT,
 ATTENDANCE,  EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCA-

 A. 6402                             9
 
 TION. ANY FAILURE OR OMISSION TO  SUBMIT  THE  REQUIRED  FEE  SHALL  NOT
 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
 OF STATUS.
   §  169-G.  PRIOR  CONVICTIONS;  DUTY  TO  INFORM  AND REGISTER. 1. THE
 DEPARTMENT OR OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  IN
 ACCORDANCE   WITH   RISK   FACTORS   PURSUANT  TO  SECTION  ONE  HUNDRED
 SIXTY-NINE-L OF THIS ARTICLE SHALL DETERMINE THE DURATION  OF  REGISTRA-
 TION AND NOTIFICATION FOR EVERY DRUG DEALER WHO ON THE EFFECTIVE DATE OF
 THIS  ARTICLE  IS  THEN  ON  COMMUNITY  SUPERVISION  OR PROBATION FOR AN
 OFFENSE PROVIDED FOR IN SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-
 NINE-A OF THIS ARTICLE.
   2. EVERY DRUG DEALER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN
 ON  COMMUNITY  SUPERVISION  OR  PROBATION FOR AN OFFENSE PROVIDED FOR IN
 SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-NINE-A  OF  THIS  ARTICLE
 SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
 PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  DRUG  DEALER'S
 INITIAL  REGISTRATION  DATE  THEREAFTER,  THE  PROVISIONS OF SECTION ONE
 HUNDRED SIXTY-NINE-F OF THIS ARTICLE SHALL APPLY. ANY  DRUG  DEALER  WHO
 FAILS  OR REFUSES TO SO COMPLY SHALL BE SUBJECT TO THE SAME PENALTIES AS
 OTHERWISE PROVIDED FOR IN THIS ARTICLE WHICH WOULD  BE  IMPOSED  UPON  A
 DRUG  DEALER  WHO  FAILS  OR REFUSES TO SO COMPLY WITH THE PROVISIONS OF
 THIS ARTICLE ON OR AFTER SUCH EFFECTIVE DATE.
   3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
 AND  REGISTER  SUCH DRUG DEALER ACCORDING TO THE REQUIREMENTS IMPOSED BY
 THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY  OF  THE
 FORM  TO THE DRUG DEALER AND SHALL, WITHIN THREE CALENDAR DAYS, SEND TWO
 COPIES ELECTRONICALLY OR OTHERWISE TO THE DEPARTMENT WHICH SHALL FORWARD
 ONE COPY ELECTRONICALLY OR  OTHERWISE  TO  THE  LAW  ENFORCEMENT  AGENCY
 HAVING JURISDICTION WHERE THE DRUG DEALER RESIDES UPON HIS OR HER COMMU-
 NITY SUPERVISION, PROBATION, OR LOCAL CONDITIONAL RELEASE.
   4.  A  PETITION  FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DRUG
 DEALER REQUIRED TO REGISTER WHILE RELEASED TO COMMUNITY  SUPERVISION  OR
 PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE.
   § 169-H. DURATION OF REGISTRATION AND VERIFICATION. 1. THE DURATION OF
 REGISTRATION  AND VERIFICATION FOR A DRUG DEALER SHALL BE ANNUALLY FOR A
 PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRATION.
   2. ANY DRUG DEALER HAVING BEEN DESIGNATED A  LEVEL  THREE  RISK  SHALL
 ALSO  PERSONALLY  VERIFY  HIS  OR HER ADDRESS EVERY NINETY CALENDAR DAYS
 WITH THE LOCAL LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION  WHERE  THE
 DEALER RESIDES.
   § 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.  REGISTRATION AND
 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
 WRITING  SIGNED  BY  THE  DRUG  DEALER  GIVING  THE  INFORMATION THAT IS
 REQUIRED BY THE DIVISION AND THE DIVISION SHALL  ENTER  THE  INFORMATION
 INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   §  169-J.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
 ADDRESS. 1. UPON RECEIPT OF  A  CHANGE  OF  ADDRESS  BY  A  DRUG  DEALER
 REQUIRED  TO  REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL NOTIFY THE
 LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF  THE  NEW  PLACE  OF
 RESIDENCE  AND  THE  LOCAL  LAW ENFORCEMENT AGENCY WHERE THE DRUG DEALER
 LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
   2. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
 ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
 SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
 OF SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE.

 A. 6402                            10
 
   3. THE DIVISION SHALL, IF THE DRUG DEALER CHANGES RESIDENCE TO ANOTHER
 STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW  PLACE
 OF RESIDENCE.
   4.  UPON  RECEIPT OF A CHANGE IN THE STATUS OF THE ENROLLMENT, ATTEND-
 ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
 DRUG DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION  SHALL
 NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHICH IS AFFECTED
 BY SUCH CHANGE.
   5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
 EMPLOYMENT  OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A DRUG
 DEALER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  EACH  LAW  ENFORCEMENT
 AGENCY  HAVING  JURISDICTION SHALL ADHERE TO THE NOTIFICATION PROVISIONS
 SET FORTH IN SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-NINE-L OF THIS
 ARTICLE.
   § 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
 DRUG  DEALER  WHO HAS BEEN CONVICTED OF AN OFFENSE UNDER SUBDIVISION TWO
 OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE AND REQUIRES  REGIS-
 TRATION  SHALL  NOTIFY THE DIVISION OF THE NEW ADDRESS NO LATER THAN TEN
 CALENDAR DAYS AFTER SUCH  DRUG  DEALER  ESTABLISHES  RESIDENCE  IN  THIS
 STATE.
   2. THE DIVISION SHALL ADVISE THE BOARD THAT THE DRUG DEALER HAS ESTAB-
 LISHED  RESIDENCE  IN  THIS STATE. THE BOARD SHALL DETERMINE WHETHER THE
 DRUG DEALER IS REQUIRED TO REGISTER WITH THE DIVISION.  IF IT IS  DETER-
 MINED  THAT  THE DRUG DEALER IS REQUIRED TO REGISTER, THE DIVISION SHALL
 NOTIFY THE DRUG DEALER OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
 AND SHALL REQUIRE THE DRUG DEALER TO SIGN A FORM AS MAY BE  REQUIRED  BY
 THE  DIVISION  ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCEDURE
 FOR REGISTRATION HAS BEEN EXPLAINED TO THE  DRUG  DEALER.  THE  DIVISION
 SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE DRUG DEALER EXPECTS TO
 RESIDE WITHIN THE STATE AND THE DRUG DEALER SHALL RETAIN ONE COPY OF THE
 FORM AND SEND TWO COPIES TO THE DIVISION WHICH SHALL PROVIDE THE  INFOR-
 MATION  TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DRUG
 DEALER EXPECTS TO RESIDE WITHIN THIS STATE. NO LATER  THAN  THIRTY  DAYS
 PRIOR  TO  THE  BOARD  MAKING A RECOMMENDATION, THE DRUG DEALER SHALL BE
 NOTIFIED THAT HIS OR HER CASE IS UNDER REVIEW AND  THAT  HE  OR  SHE  IS
 PERMITTED TO SUBMIT TO THE BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
 AFTER  REVIEWING  ANY  INFORMATION OBTAINED, AND APPLYING THE GUIDELINES
 ESTABLISHED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED  SIXTY-NINE-L  OF
 THIS  ARTICLE,  THE BOARD SHALL WITHIN SIXTY CALENDAR DAYS MAKE A RECOM-
 MENDATION REGARDING THE LEVEL OF NOTIFICATION  PURSUANT  TO  SUBDIVISION
 SIX  OF SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE. THIS RECOMMEN-
 DATION SHALL BE CONFIDENTIAL AND  SHALL  NOT  BE  AVAILABLE  FOR  PUBLIC
 INSPECTION.  IT  SHALL  BE SUBMITTED BY THE BOARD TO THE COUNTY COURT OR
 SUPREME COURT AND TO THE DISTRICT ATTORNEY IN THE COUNTY OF RESIDENCE OF
 THE DRUG DEALER AND TO THE DRUG DEALER. IT SHALL  BE  THE  DUTY  OF  THE
 COUNTY  COURT  OR  SUPREME  COURT IN THE COUNTY OF RESIDENCE OF THE DRUG
 DEALER, APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION  FIVE  OF
 SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE, TO DETERMINE THE LEVEL
 OF  NOTIFICATION  PURSUANT  TO  SUBDIVISION  SIX  OF SECTION ONE HUNDRED
 SIXTY-NINE-L OF THIS ARTICLE. AT LEAST THIRTY DAYS PRIOR TO THE DETERMI-
 NATION PROCEEDING, SUCH COURT SHALL NOTIFY THE DISTRICT ATTORNEY AND THE
 DRUG DEALER, IN WRITING, OF THE DATE OF THE DETERMINATION PROCEEDING AND
 THE COURT SHALL ALSO PROVIDE THE DISTRICT ATTORNEY AND DRUG DEALER  WITH
 A  COPY  OF THE RECOMMENDATION RECEIVED FROM THE BOARD AND ANY STATEMENT
 OF THE REASONS FOR THE RECOMMENDATION  RECEIVED  FROM  THE  BOARD.  THIS
 NOTICE  SHALL INCLUDE THE FOLLOWING STATEMENT OR A SUBSTANTIALLY SIMILAR

 A. 6402                            11
 
 STATEMENT: "THIS PROCEEDING IS BEING HELD TO DETERMINE WHETHER YOU  WILL
 BE  CLASSIFIED  AS  A LEVEL 3 DEALER (RISK OF REPEAT OFFENSE IS HIGH), A
 LEVEL 2 DEALER (RISK OF REPEAT OFFENSE IS MODERATE), OR A LEVEL 1 DEALER
 (RISK  OF REPEAT OFFENSE IS LOW), WHICH WILL DETERMINE HOW LONG YOU MUST
 REGISTER AS A DRUG DEALER AND HOW MUCH INFORMATION CAN  BE  PROVIDED  TO
 THE  PUBLIC  CONCERNING YOUR REGISTRATION. IF YOU FAIL TO APPEAR AT THIS
 PROCEEDING, WITHOUT SUFFICIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE.
 FAILURE TO APPEAR MAY RESULT IN A LONGER PERIOD  OF  REGISTRATION  OR  A
 HIGHER  LEVEL  OF  COMMUNITY NOTIFICATION BECAUSE YOU ARE NOT PRESENT TO
 OFFER EVIDENCE OR CONTEST EVIDENCE OFFERED BY  THE  DISTRICT  ATTORNEY."
 THE  COURT  SHALL ALSO ADVISE THE DRUG DEALER THAT HE OR SHE HAS A RIGHT
 TO A HEARING PRIOR TO THE COURT'S DETERMINATION, THAT HE OR SHE HAS  THE
 RIGHT  TO BE REPRESENTED BY COUNSEL AT THE HEARING AND THAT COUNSEL WILL
 BE APPOINTED IF HE OR SHE IS FINANCIALLY UNABLE  TO  RETAIN  COUNSEL.  A
 RETURNABLE  FORM  SHALL  BE  ENCLOSED  IN THE COURT'S NOTICE TO THE DRUG
 DEALER ON WHICH THE DRUG DEALER MAY APPLY FOR ASSIGNMENT OF COUNSEL.  IF
 THE DRUG DEALER APPLIES FOR ASSIGNMENT OF COUNSEL AND  THE  COURT  FINDS
 THAT THE DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE COURT SHALL
 ASSIGN  COUNSEL  TO  REPRESENT THE DRUG DEALER PURSUANT TO ARTICLE EIGH-
 TEEN-B OF THE COUNTY LAW. IF THE DISTRICT ATTORNEY SEEKS A DETERMINATION
 THAT DIFFERS FROM THE RECOMMENDATION SUBMITTED BY THE  BOARD,  AT  LEAST
 TEN  DAYS  PRIOR  TO  THE DETERMINATION PROCEEDING THE DISTRICT ATTORNEY
 SHALL PROVIDE TO THE COURT AND THE DRUG DEALER A STATEMENT SETTING FORTH
 THE DETERMINATIONS SOUGHT BY THE DISTRICT  ATTORNEY  TOGETHER  WITH  THE
 REASONS  FOR SEEKING SUCH DETERMINATIONS. THE COURT SHALL ALLOW THE DRUG
 DEALER TO APPEAR AND BE HEARD. THE STATE SHALL APPEAR  BY  THE  DISTRICT
 ATTORNEY,  OR  HIS OR HER DESIGNEE, WHO SHALL BEAR THE BURDEN OF PROVING
 THE FACTS SUPPORTING THE DETERMINATIONS SOUGHT BY CLEAR  AND  CONVINCING
 EVIDENCE.  IT  SHALL  BE  THE  DUTY OF THE COURT APPLYING THE GUIDELINES
 ESTABLISHED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED  SIXTY-NINE-L  OF
 THIS ARTICLE TO DETERMINE THE LEVEL OF NOTIFICATION PURSUANT TO SUBDIVI-
 SION  SIX  OF  SECTION  ONE  HUNDRED SIXTY-NINE-L OF THIS ARTICLE. WHERE
 THERE IS A DISPUTE BETWEEN THE PARTIES  CONCERNING  THE  DETERMINATIONS,
 THE  COURT  SHALL  ADJOURN  THE  HEARING AS NECESSARY TO PERMIT THE DRUG
 DEALER OR THE DISTRICT ATTORNEY TO  OBTAIN  MATERIALS  RELEVANT  TO  THE
 DETERMINATIONS  FROM THE STATE BOARD OF EXAMINERS OF DRUG DEALERS OR ANY
 STATE OR LOCAL FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY,  DEPART-
 MENT  OR  DIVISION.  SUCH  MATERIALS  MAY BE OBTAINED BY SUBPOENA IF NOT
 VOLUNTARILY PROVIDED TO THE REQUESTING PARTY.  IN  MAKING  THE  DETERMI-
 NATIONS  THE  COURT  SHALL  REVIEW  ANY  RELEVANT MATERIALS AND EVIDENCE
 SUBMITTED BY THE DRUG DEALER AND THE DISTRICT ATTORNEY AND THE RECOMMEN-
 DATION AND ANY MATERIAL SUBMITTED BY THE BOARD, AND MAY  CONSIDER  RELI-
 ABLE  HEARSAY  EVIDENCE  SUBMITTED  BY EITHER PARTY, PROVIDED THAT IT IS
 RELEVANT TO THE DETERMINATIONS. IF AVAILABLE, FACTS PROVEN AT  TRIAL  OR
 ELICITED  AT THE TIME OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY
 CLEAR AND CONVINCING EVIDENCE AND SHALL NOT BE RE-LITIGATED.  THE  COURT
 SHALL  RENDER AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS
 OF FACT AND CONCLUSIONS OF LAW ON WHICH THE DETERMINATIONS ARE BASED.  A
 COPY OF THE ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION.  UPON
 APPLICATION  OF  EITHER  PARTY,  THE COURT SHALL SEAL ANY PORTION OF THE
 COURT FILE OR RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL  UNDER
 ANY  STATE  OR FEDERAL STATUTE. EITHER PARTY MAY APPEAL AS OF RIGHT FROM
 THE ORDER PURSUANT TO THE PROVISIONS OF ARTICLES  FIFTY-FIVE,  FIFTY-SIX
 AND  FIFTY-SEVEN  OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS
 BEEN ASSIGNED TO REPRESENT THE DRUG DEALER UPON THE GROUND THAT THE DRUG
 DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE

 A. 6402                            12
 
 CONTINUED THROUGHOUT THE PENDENCY OF THE  APPEAL,  AND  THE  PERSON  MAY
 APPEAL  AS  A  POOR  PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY
 LAW.
   3.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
 PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
 STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
 DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
 ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
 SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
 THE  SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
 SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH  OFFICIALS  AND
 INDIVIDUALS  IN  OTHER  STATES  AND UNITED STATES POSSESSIONS MAY USE TO
 OBTAIN ADDITIONAL INFORMATION.
   4. IF A DRUG DEALER, HAVING BEEN GIVEN NOTICE, INCLUDING THE TIME  AND
 PLACE  OF  THE DETERMINATION PROCEEDING IN ACCORDANCE WITH THIS SECTION,
 FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
 SHALL CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER  SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 169-L. BOARD OF EXAMINERS OF DRUG DEALERS. 1. THERE SHALL BE A BOARD
 OF  EXAMINERS  OF DRUG DEALERS WHICH SHALL POSSESS THE POWERS AND DUTIES
 HEREINAFTER  SPECIFIED.  SUCH  BOARD  SHALL  CONSIST  OF  FIVE   MEMBERS
 APPOINTED BY THE GOVERNOR. ALL MEMBERS SHALL BE EMPLOYEES OF THE DEPART-
 MENT  AND SHALL BE EXPERTS IN THE FIELD OF THE BEHAVIOR AND TREATMENT OF
 DRUG DEALERS. THE TERM OF OFFICE OF EACH MEMBER OF SUCH BOARD  SHALL  BE
 FOR  SIX  YEARS;  PROVIDED,  HOWEVER,  THAT  ANY MEMBER CHOSEN TO FILL A
 VACANCY  OCCURRING  OTHERWISE  THAN  BY  EXPIRATION  OF  TERM  SHALL  BE
 APPOINTED  FOR THE REMAINDER OF THE UNEXPIRED TERM OF THE MEMBER WHOM HE
 OR SHE IS TO SUCCEED. IN THE EVENT  OF  THE  INABILITY  TO  ACT  OF  ANY
 MEMBER,  THE  GOVERNOR MAY APPOINT SOME COMPETENT INFORMED PERSON TO ACT
 IN HIS OR HER STEAD DURING THE CONTINUANCE OF SUCH DISABILITY.
   2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
 CHAIRMAN  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
 UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS  DESIGNATED
 IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
   3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
 AFTER AN OPPORTUNITY TO BE HEARD.
   4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
 CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
   5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
 RISK OF A REPEAT OFFENSE BY SUCH DRUG DEALER AND THE THREAT POSED TO THE
 PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT LIMITED  TO,
 THE FOLLOWING:
   (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
 OFFENSE, INCLUDING:
   (I) WHETHER THE DRUG DEALER SERVED THE MAXIMUM TERM;
   (II) WHETHER THE DRUG DEALER SOLD DRUGS TO A MINOR;
   (III) THE AMOUNT OF DRUGS SOLD; AND
   (IV) THE AGE OF THE DRUG DEALER AT THE TIME OF THE COMMISSION  OF  THE
 FIRST DRUG SALE;
   (B)  OTHER  CRIMINAL  HISTORY  FACTORS TO BE CONSIDERED IN DETERMINING
 RISK, INCLUDING THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
   (C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE,  INCLUDING
 BUT  NOT  LIMITED  TO  WHETHER  THE  DRUG DEALER IS UNDER SUPERVISION OR
 RESIDING IN A HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION; AND
   (D) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED.

 A. 6402                            13
 
   6. THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO MAKE A  RECOMMENDA-
 TION  TO  THE SENTENCING COURT WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
 BE AVAILABLE FOR PUBLIC INSPECTION, PROVIDING FOR ONE OF  THE  FOLLOWING
 THREE  LEVELS  OF  NOTIFICATION DEPENDING UPON THE DEGREE OF THE RISK OF
 RE-OFFENSE BY THE DRUG DEALER.
   (A)  IF  THE  RISK  OF  REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION
 SHALL BE GIVEN TO SUCH DRUG DEALER. IN SUCH  CASE  THE  LAW  ENFORCEMENT
 AGENCY OR AGENCIES HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY OR
 AGENCIES  HAVING  HAD  JURISDICTION AT THE TIME OF HIS OR HER CONVICTION
 SHALL BE NOTIFIED AND MAY DISSEMINATE  RELEVANT  INFORMATION  WHICH  MAY
 INCLUDE A PHOTOGRAPH AND DESCRIPTION OF THE DEALER AND WHICH MAY INCLUDE
 THE NAME OF THE DRUG DEALER, APPROXIMATE ADDRESS BASED ON THE DRUG DEAL-
 ER'S  ZIP  CODE,  BACKGROUND INFORMATION INCLUDING THE DEALER'S CRIME OF
 CONVICTION, MODUS OF OPERATION, AND THE NAME AND ADDRESS OF ANY INSTITU-
 TION OF HIGHER EDUCATION AT WHICH THE DRUG DEALER IS ENROLLED,  ATTENDS,
 IS EMPLOYED OR RESIDES.
   (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
 SHALL  BE  GIVEN  TO  SUCH DRUG DEALER. IN SUCH CASE THE LAW ENFORCEMENT
 AGENCY OR AGENCIES HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY OR
 AGENCIES HAVING HAD JURISDICTION AT THE TIME OF HIS  OR  HER  CONVICTION
 SHALL  BE  NOTIFIED AND MAY DISSEMINATE RELEVANT INFORMATION WHICH SHALL
 INCLUDE A PHOTOGRAPH AND DESCRIPTION OF THE DEALER AND WHICH MAY INCLUDE
 THE EXACT NAME AND ANY ALIASES USED BY THE DRUG DEALER,  EXACT  ADDRESS,
 BACKGROUND  INFORMATION INCLUDING THE DEALER'S CRIME OF CONVICTION, MODE
 OF OPERATION, AND THE NAME AND ADDRESS  OF  ANY  INSTITUTION  OF  HIGHER
 EDUCATION  AT WHICH THE DRUG DEALER IS ENROLLED, ATTENDS, IS EMPLOYED OR
 RESIDES.
   (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
 THE PUBLIC SAFETY A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH  DRUG
 DEALER.  IN  SUCH  CASE,  THE  LAW ENFORCEMENT AGENCY OR AGENCIES HAVING
 JURISDICTION AND THE LAW  ENFORCEMENT  AGENCY  OR  AGENCIES  HAVING  HAD
 JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND
 MAY DISSEMINATE RELEVANT INFORMATION WHICH SHALL  INCLUDE  A  PHOTOGRAPH
 AND  DESCRIPTION  OF  THE DEALER AND WHICH MAY INCLUDE THE DRUG DEALER'S
 EXACT NAME AND ANY ALIASES USED BY THE DEALER, EXACT ADDRESS, ADDRESS OF
 THE DEALER'S PLACE OF EMPLOYMENT, BACKGROUND INFORMATION  INCLUDING  THE
 DEALER'S  CRIME  OF  CONVICTION,  MODE  OF  OPERATION,  AND THE NAME AND
 ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THE DRUG  DEALER
 IS ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES.
   7.  UPON  REQUEST BY THE COURT, PURSUANT TO SECTION ONE HUNDRED SIXTY-
 NINE-O OF THIS ARTICLE,  THE  BOARD  SHALL  PROVIDE  AN  UPDATED  REPORT
 PERTAINING  TO  THE  DRUG  DEALER  PETITIONING FOR RELIEF OF THE DUTY TO
 REGISTER OR FOR A MODIFICATION OF HIS OR HER LEVEL OF NOTIFICATION.
   8. A FAILURE BY A STATE OR LOCAL AGENCY OR THE BOARD TO ACT  OR  BY  A
 COURT TO RENDER A DETERMINATION WITHIN THE TIME PERIOD SPECIFIED IN THIS
 ARTICLE  SHALL  NOT AFFECT THE OBLIGATION OF THE DRUG DEALER TO REGISTER
 OR VERIFY UNDER THIS ARTICLE NOR SHALL SUCH FAILURE PREVENT A COURT FROM
 MAKING A DETERMINATION REGARDING THE DRUG DEALER'S LEVEL OF NOTIFICATION
 AND WHETHER SUCH DEALER IS REQUIRED BY LAW TO BE REGISTERED FOR A PERIOD
 OF TWENTY YEARS OR FOR LIFE. WHERE A COURT IS UNABLE TO MAKE A  DETERMI-
 NATION  PRIOR  TO  THE  DATE  SCHEDULED  FOR  A DRUG DEALER'S DISCHARGE,
 PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE, IT SHALL ADJOURN
 THE HEARING UNTIL AFTER THE DEALER IS DISCHARGED, PAROLED,  RELEASED  TO
 POST-RELEASE  SUPERVISION  OR  RELEASED,  AND  SHALL  THEN EXPEDITIOUSLY
 COMPLETE THE HEARING AND ISSUE ITS DETERMINATION.

 A. 6402                            14
 
   § 169-M. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
 CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
 TION,  DISTRICT  ATTORNEY, LAW ENFORCEMENT AGENCY, PROBATION DEPARTMENT,
 STATE BOARD OF PAROLE, COURT OR CHILD PROTECTIVE  AGENCY  SHALL  FORWARD
 RELEVANT  INFORMATION  PERTAINING  TO  A  DRUG  DEALER TO BE DISCHARGED,
 PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED TO  THE  BOARD
 FOR REVIEW NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR
 DISCHARGE AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDI-
 VISION  SIX  OF  SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE WITHIN
 SIXTY DAYS OF RECEIPT OF THE INFORMATION. INFORMATION MAY  INCLUDE,  BUT
 MAY  NOT BE LIMITED TO ALL OR A PORTION OF THE ARREST FILE, PROSECUTOR'S
 FILE, PROBATION OR PAROLE  FILE,  CHILD  PROTECTIVE  FILE,  COURT  FILE,
 COMMITMENT  FILE,  MEDICAL  FILE  AND  TREATMENT FILE PERTAINING TO SUCH
 PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFOR-
 MATION RELEVANT TO THE REVIEW. UPON APPLICATION OF THE  DRUG  DEALER  OR
 THE  DISTRICT  ATTORNEY, THE COURT SHALL SEAL ANY PORTION OF THE BOARD'S
 FILE PERTAINING TO THE DRUG DEALER THAT CONTAINS MATERIAL THAT IS CONFI-
 DENTIAL UNDER ANY STATE OR FEDERAL LAW; PROVIDED, HOWEVER, THAT  IN  ANY
 SUBSEQUENT  PROCEEDINGS  IN  WHICH THE DRUG DEALER WHO IS THE SUBJECT OF
 THE SEALED RECORD IS A PARTY AND WHICH REQUIRES THE BOARD TO  PROVIDE  A
 RECOMMENDATION TO THE COURT PURSUANT TO THIS ARTICLE, SUCH SEALED RECORD
 SHALL  BE AVAILABLE TO THE DRUG DEALER, THE DISTRICT ATTORNEY, THE COURT
 AND THE ATTORNEY GENERAL WHERE THE  ATTORNEY  GENERAL  IS  A  PARTY,  OR
 REPRESENTS A PARTY, IN THE PROCEEDING.
   §  169-N.  JUDICIAL  DETERMINATION.  1. APPLYING THE GUIDELINES ESTAB-
 LISHED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-NINE-L  OF  THIS
 ARTICLE, THE SENTENCING COURT SHALL MAKE A DETERMINATION WITH RESPECT TO
 THE  LEVEL  OF  NOTIFICATION,  AFTER RECEIVING A RECOMMENDATION FROM THE
 BOARD PURSUANT TO SECTION ONE  HUNDRED  SIXTY-NINE-L  OF  THIS  ARTICLE.
 BOTH  DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE THIRTY CALEN-
 DAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
   2. NO LATER THAN THIRTY DAYS PRIOR TO THE BOARD'S RECOMMENDATION,  THE
 DRUG  DEALER  SHALL BE NOTIFIED THAT HIS OR HER CASE IS UNDER REVIEW AND
 THAT HE OR SHE IS PERMITTED TO SUBMIT TO THE BOARD ANY INFORMATION RELE-
 VANT TO THE REVIEW. UPON RECEIPT  OF  THE  BOARD'S  RECOMMENDATION,  THE
 SENTENCING  COURT SHALL DETERMINE WHETHER THE DRUG DEALER WAS PREVIOUSLY
 FOUND TO BE ELIGIBLE FOR ASSIGNED COUNSEL IN THE UNDERLYING CASE.  WHERE
 SUCH  A  FINDING  WAS PREVIOUSLY MADE, THE COURT SHALL ASSIGN COUNSEL TO
 REPRESENT THE DEALER, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY  LAW.
 AT LEAST TWENTY DAYS PRIOR TO THE DETERMINATION PROCEEDING, THE SENTENC-
 ING  COURT  SHALL  NOTIFY THE DISTRICT ATTORNEY, THE DRUG DEALER AND THE
 DRUG DEALER'S COUNSEL, IN WRITING, OF  THE  DATE  OF  THE  DETERMINATION
 PROCEEDING AND SHALL ALSO PROVIDE THE DISTRICT ATTORNEY, THE DRUG DEALER
 AND THE DRUG DEALER'S COUNSEL WITH A COPY OF THE RECOMMENDATION RECEIVED
 FROM  THE  BOARD AND ANY STATEMENT OF THE REASONS FOR THE RECOMMENDATION
 RECEIVED FROM THE BOARD. THIS NOTICE SHALL INCLUDE THE FOLLOWING  STATE-
 MENT  OR  A  SUBSTANTIALLY SIMILAR STATEMENT:  "THIS PROCEEDING IS BEING
 HELD TO DETERMINE WHETHER YOU WILL BE CLASSIFIED AS  A  LEVEL  3  DEALER
 (RISK  OF  REPEAT  OFFENSE  IS  HIGH),  A LEVEL 2 DEALER (RISK OF REPEAT
 OFFENSE IS MODERATE), OR A LEVEL 1 DEALER (RISK  OF  REPEAT  OFFENSE  IS
 LOW),  WHICH  WILL DETERMINE HOW LONG YOU MUST REGISTER AS A DRUG DEALER
 AND HOW MUCH INFORMATION CAN BE PROVIDED TO THE PUBLIC  CONCERNING  YOUR
 REGISTRATION.  IF  YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFI-
 CIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE. FAILURE  TO  APPEAR  MAY
 RESULT IN A LONGER PERIOD OF REGISTRATION OR A HIGHER LEVEL OF COMMUNITY
 NOTIFICATION  BECAUSE  YOU  ARE NOT PRESENT TO OFFER EVIDENCE OR CONTEST

 A. 6402                            15

 EVIDENCE OFFERED BY THE DISTRICT ATTORNEY." THE WRITTEN  NOTICE  TO  THE
 DRUG DEALER SHALL ALSO ADVISE THE DEALER THAT HE OR SHE HAS A RIGHT TO A
 HEARING  PRIOR  TO THE COURT'S DETERMINATION, AND THAT HE OR SHE HAS THE
 RIGHT  TO  BE REPRESENTED BY COUNSEL AT THE HEARING. IF COUNSEL HAS BEEN
 ASSIGNED TO REPRESENT THE DEALER AT THE  DETERMINATION  PROCEEDING,  THE
 NOTICE  SHALL ALSO PROVIDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
 ASSIGNED COUNSEL. WHERE COUNSEL HAS NOT BEEN ASSIGNED, THE NOTICE  SHALL
 ADVISE  THE  DRUG  DEALER THAT COUNSEL WILL BE APPOINTED IF HE OR SHE IS
 FINANCIALLY UNABLE TO RETAIN COUNSEL, AND A  RETURNABLE  FORM  SHALL  BE
 ENCLOSED  IN  THE  COURT'S  NOTICE  TO THE DRUG DEALER ON WHICH THE DRUG
 DEALER MAY APPLY FOR ASSIGNMENT OF COUNSEL. IF THE DRUG  DEALER  APPLIES
 FOR  ASSIGNMENT OF COUNSEL AND THE COURT FINDS THAT THE DEALER IS FINAN-
 CIALLY UNABLE TO RETAIN COUNSEL,  THE  COURT  SHALL  ASSIGN  COUNSEL  TO
 REPRESENT  THE  DRUG DEALER PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY
 LAW. IF THE DISTRICT ATTORNEY SEEKS A DETERMINATION  THAT  DIFFERS  FROM
 THE  RECOMMENDATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO
 THE DETERMINATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO  THE
 COURT  AND  THE DRUG DEALER A STATEMENT SETTING FORTH THE DETERMINATIONS
 SOUGHT BY THE DISTRICT ATTORNEY TOGETHER WITH THE  REASONS  FOR  SEEKING
 SUCH DETERMINATIONS. THE COURT SHALL ALLOW THE DRUG DEALER TO APPEAR AND
 BE HEARD. THE STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR HIS OR HER
 DESIGNEE,  WHO SHALL BEAR THE BURDEN OF PROVING THE FACTS SUPPORTING THE
 DETERMINATIONS SOUGHT BY CLEAR AND CONVINCING EVIDENCE. WHERE THERE IS A
 DISPUTE BETWEEN THE PARTIES CONCERNING  THE  DETERMINATIONS,  THE  COURT
 SHALL  ADJOURN THE HEARING AS NECESSARY TO PERMIT THE DRUG DEALER OR THE
 DISTRICT ATTORNEY TO OBTAIN MATERIALS  RELEVANT  TO  THE  DETERMINATIONS
 FROM  THE STATE BOARD OF EXAMINERS OF DRUG DEALERS OR ANY STATE OR LOCAL
 FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION.
 SUCH MATERIALS MAY BE OBTAINED BY SUBPOENA IF NOT  VOLUNTARILY  PROVIDED
 TO  THE  REQUESTING  PARTY. IN MAKING THE DETERMINATIONS THE COURT SHALL
 REVIEW ANY RELEVANT MATERIALS AND EVIDENCE SUBMITTED BY THE DRUG  DEALER
 AND  THE  DISTRICT  ATTORNEY  AND  THE  RECOMMENDATION AND ANY MATERIALS
 SUBMITTED BY THE BOARD,  AND  MAY  CONSIDER  RELIABLE  HEARSAY  EVIDENCE
 SUBMITTED  BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT TO THE DETERMI-
 NATIONS. FACTS PREVIOUSLY PROVEN AT TRIAL OR ELICITED  AT  THE  TIME  OF
 ENTRY  OF  A  PLEA  OF  GUILTY  SHALL BE DEEMED ESTABLISHED BY CLEAR AND
 CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER
 AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF  FACT  AND
 CONCLUSIONS  OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE
 ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON  APPLICATION
 OF  EITHER  PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR
 RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY  STATE  OR
 FEDERAL  STATUTE.  EITHER  PARTY  MAY  APPEAL AS OF RIGHT FROM THE ORDER
 PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND  FIFTY-
 SEVEN  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES. WHERE COUNSEL HAS BEEN
 ASSIGNED TO REPRESENT THE DRUG DEALER UPON  THE  GROUND  THAT  THE  DRUG
 DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE
 CONTINUED  THROUGHOUT  THE  PENDENCY  OF  THE APPEAL, AND THE PERSON MAY
 APPEAL AS A POOR PERSON PURSUANT TO ARTICLE  EIGHTEEN-B  OF  THE  COUNTY
 LAW.
   3.  UPON  DETERMINATION  THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
 PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE  DIVI-
 SION  OF  SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-NINE-Q
 OF THIS ARTICLE.
   4. UPON THE REVERSAL OF A CONVICTION OF  A  DRUG  OFFENSE  DEFINED  IN
 SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE, THE

 A. 6402                            16
 
 APPELLATE COURT SHALL REMAND THE CASE TO THE LOWER COURT FOR ENTRY OF AN
 ORDER DIRECTING THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT HERE-
 IN.
   5.  IF A DRUG DEALER, HAVING BEEN GIVEN NOTICE, INCLUDING THE TIME AND
 PLACE OF THE DETERMINATION PROCEEDING IN ACCORDANCE WITH  THIS  SECTION,
 FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
 SHALL  CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION.
   § 169-O. PETITION FOR RELIEF OR MODIFICATION. 1. ANY DRUG  DEALER  WHO
 IS CLASSIFIED AS A LEVEL TWO RISK, WHO IS REQUIRED TO REGISTER OR VERIFY
 PURSUANT TO THIS ARTICLE AND WHO HAS BEEN REGISTERED FOR A MINIMUM PERI-
 OD  OF THIRTY YEARS MAY BE RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON
 THE GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING COURT OR BY  THE
 COURT  WHICH  MADE  THE DETERMINATION REGARDING DURATION OF REGISTRATION
 AND LEVEL OF NOTIFICATION. THE DRUG DEALER  SHALL  BEAR  THE  BURDEN  OF
 PROVING  BY CLEAR AND CONVINCING EVIDENCE THAT HIS OR HER RISK OF REPEAT
 OFFENSE IS NO LONGER NECESSARY. SUCH PETITION,  IF  GRANTED,  SHALL  NOT
 RELIEVE  THE PETITIONER OF THE DUTY TO REGISTER PURSUANT TO THIS ARTICLE
 UPON CONVICTION OF ANY OFFENSE REQUIRING  REGISTRATION  IN  THE  FUTURE.
 SUCH  A PETITION SHALL NOT BE CONSIDERED MORE THAN ONCE EVERY TWO YEARS.
 IN THE EVENT THAT THE DRUG DEALER'S PETITION FOR RELIEF IS GRANTED,  THE
 DISTRICT  ATTORNEY MAY APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE
 PROVISIONS OF ARTICLES FIFTY-FIVE,  FIFTY-SIX  AND  FIFTY-SEVEN  OF  THE
 CIVIL  PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRE-
 SENT THE DRUG DEALER UPON THE GROUND THAT THE DRUG DEALER IS FINANCIALLY
 UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED  THROUGHOUT
 THE  PENDENCY  OF THE APPEAL, AND THE PERSON MAY APPEAL AS A POOR PERSON
 PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   2. ANY DRUG DEALER REQUIRED TO REGISTER OR  VERIFY  PURSUANT  TO  THIS
 ARTICLE  MAY  PETITION  THE SENTENCING COURT OR THE COURT WHICH MADE THE
 DETERMINATION REGARDING THE LEVEL OF NOTIFICATION FOR AN ORDER MODIFYING
 THE LEVEL OF NOTIFICATION. THE PETITION SHALL SET  FORTH  THE  LEVEL  OF
 NOTIFICATION SOUGHT, TOGETHER WITH THE REASONS FOR SEEKING SUCH DETERMI-
 NATION.  THE  DRUG  DEALER  SHALL  BEAR  THE BURDEN OF PROVING THE FACTS
 SUPPORTING THE REQUESTED MODIFICATION BY CLEAR AND CONVINCING  EVIDENCE.
 SUCH  A  PETITION  SHALL  NOT  BE CONSIDERED MORE THAN ANNUALLY.  IN THE
 EVENT THAT THE DRUG DEALER'S PETITION TO MODIFY THE LEVEL  OF  NOTIFICA-
 TION  IS  GRANTED, THE DISTRICT ATTORNEY MAY APPEAL AS OF RIGHT FROM THE
 ORDER PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE,  FIFTY-SIX  AND
 FIFTY-SEVEN  OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN
 ASSIGNED TO REPRESENT THE DRUG DEALER UPON  THE  GROUND  THAT  THE  DRUG
 DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE
 CONTINUED  THROUGHOUT  THE  PENDENCY  OF  THE APPEAL, AND THE PERSON MAY
 APPEAL AS A POOR PERSON PURSUANT TO ARTICLE  EIGHTEEN-B  OF  THE  COUNTY
 LAW.
   3.  THE  DISTRICT  ATTORNEY MAY FILE A PETITION TO MODIFY THE LEVEL OF
 NOTIFICATION FOR A DRUG DEALER WITH THE SENTENCING  COURT  OR  WITH  THE
 COURT  WHICH MADE THE DETERMINATION REGARDING THE LEVEL OF NOTIFICATION,
 WHERE THE DRUG DEALER (A) HAS BEEN CONVICTED OF A NEW  CRIME,  OR  THERE
 HAS  BEEN  A DETERMINATION AFTER A PROCEEDING PURSUANT TO SECTION 410.70
 OF THE CRIMINAL PROCEDURE LAW OR SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE LAW THAT THE DRUG DEALER HAS VIOLATED ONE OR  MORE  CONDITIONS
 IMPOSED  AS  PART  OF  A SENTENCE OF A CONDITIONAL DISCHARGE, PROBATION,
 PAROLE OR POST-RELEASE SUPERVISION FOR A DESIGNATED CRIME, AND  (B)  THE
 CONDUCT  UNDERLYING  THE  NEW CRIME OR THE VIOLATION IS OF A NATURE THAT
 INDICATES AN INCREASED RISK OF A REPEAT DRUG OFFENSE. THE PETITION SHALL

 A. 6402                            17
 
 SET FORTH THE LEVEL OF NOTIFICATION SOUGHT, TOGETHER  WITH  THE  REASONS
 FOR  SEEKING  SUCH  DETERMINATION.  THE DISTRICT ATTORNEY SHALL BEAR THE
 BURDEN OF PROVING THE FACTS SUPPORTING THE  REQUESTED  MODIFICATION,  BY
 CLEAR AND CONVINCING EVIDENCE. IN THE EVENT THAT THE DISTRICT ATTORNEY'S
 PETITION  IS  GRANTED,  THE  DRUG DEALER MAY APPEAL AS OF RIGHT FROM THE
 ORDER, PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX  AND
 FIFTY-SEVEN  OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN
 ASSIGNED TO REPRESENT THE DEALER UPON THE  GROUND  THAT  HE  OR  SHE  IS
 FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
 THROUGHOUT  THE  PENDENCY OF THE APPEAL, AND THE PERSON MAY PROCEED AS A
 POOR PERSON, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   4. UPON RECEIPT OF A PETITION SUBMITTED PURSUANT TO  SUBDIVISION  ONE,
 TWO  OR  THREE  OF  THIS  SECTION, THE COURT SHALL FORWARD A COPY OF THE
 PETITION TO THE BOARD AND REQUEST AN UPDATED  RECOMMENDATION  PERTAINING
 TO THE DRUG DEALER AND SHALL PROVIDE A COPY OF THE PETITION TO THE OTHER
 PARTY.  THE  COURT  SHALL ALSO ADVISE THE DRUG DEALER THAT HE OR SHE HAS
 THE RIGHT TO BE REPRESENTED BY COUNSEL AT THE HEARING AND  COUNSEL  WILL
 BE  APPOINTED  IF  HE  OR SHE IS FINANCIALLY UNABLE TO RETAIN COUNSEL. A
 RETURNABLE FORM SHALL BE ENCLOSED IN THE  COURT'S  NOTICE  TO  THE  DRUG
 DEALER  ON WHICH THE DRUG DEALER MAY APPLY FOR ASSIGNMENT OF COUNSEL. IF
 THE DRUG DEALER APPLIES FOR ASSIGNMENT OF COUNSEL AND  THE  COURT  FINDS
 THAT THE DEALER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE COURT SHALL
 ASSIGN  COUNSEL  TO REPRESENT THE DEALER, PURSUANT TO ARTICLE EIGHTEEN-B
 OF THE COUNTY LAW. WHERE THE PETITION WAS FILED BY A DISTRICT  ATTORNEY,
 AT LEAST THIRTY DAYS PRIOR TO MAKING AN UPDATED RECOMMENDATION THE BOARD
 SHALL  NOTIFY  THE  DRUG DEALER AND HIS OR HER COUNSEL THAT THE DEALER'S
 CASE IS UNDER REVIEW AND HE OR SHE IS PERMITTED TO SUBMIT TO  THE  BOARD
 ANY  INFORMATION RELEVANT TO THE REVIEW. THE BOARD'S UPDATED RECOMMENDA-
 TION ON THE DRUG DEALER SHALL BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE
 FOR PUBLIC INSPECTION. AFTER RECEIVING AN  UPDATED  RECOMMENDATION  FROM
 THE  BOARD  CONCERNING  A  DRUG DEALER, THE COURT SHALL, AT LEAST THIRTY
 DAYS PRIOR TO RULING UPON THE PETITION, PROVIDE A COPY  OF  THE  UPDATED
 RECOMMENDATION  TO  THE  DRUG  DEALER, THE DRUG DEALER'S COUNSEL AND THE
 DISTRICT ATTORNEY AND NOTIFY THEM, IN WRITING, OF THE DATE  SET  BY  THE
 COURT  FOR A HEARING ON THE PETITION. AFTER REVIEWING THE RECOMMENDATION
 RECEIVED FROM THE BOARD AND ANY RELEVANT MATERIALS AND EVIDENCE  SUBMIT-
 TED BY THE DRUG DEALER AND THE DISTRICT ATTORNEY, THE COURT MAY GRANT OR
 DENY  THE  PETITION. THE COURT MAY ALSO CONSULT WITH THE VICTIM PRIOR TO
 MAKING A DETERMINATION ON THE PETITION. THE COURT SHALL RENDER AN  ORDER
 SETTING  FORTH  ITS  DETERMINATION, AND THE FINDINGS OF FACT AND CONCLU-
 SIONS OF LAW ON WHICH THE DETERMINATION IS BASED.  IF  THE  PETITION  IS
 GRANTED, IT SHALL BE THE OBLIGATION OF THE COURT TO SUBMIT A COPY OF ITS
 ORDER TO THE DIVISION. UPON APPLICATION OF EITHER PARTY, THE COURT SHALL
 SEAL  ANY  PORTION  OF  THE COURT FILE OR RECORD WHICH CONTAINS MATERIAL
 THAT IS CONFIDENTIAL UNDER ANY STATE OR FEDERAL STATUTE.
   § 169-P. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
 SIXTY-NINE-B  OF  THIS  ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
 PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
 INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
 ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
 REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER  WITH
 THE  RELEVANT  INFORMATION ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION
 SIX OF SECTION ONE HUNDRED SIXTY-NINE-L OF THIS  ARTICLE.  THE  DIVISION
 SHALL  DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON
 LISTED, BASED UPON INFORMATION FROM  THE  CALLER  PROVIDING  INFORMATION
 THAT  SHALL  INCLUDE  (A)  AN  EXACT STREET ADDRESS, INCLUDING APARTMENT

 A. 6402                            18
 
 NUMBER, DRIVER'S LICENSE NUMBER OR BIRTH  DATE,  ALONG  WITH  ADDITIONAL
 INFORMATION  THAT  MAY  INCLUDE  SOCIAL SECURITY NUMBER, HAIR COLOR, EYE
 COLOR, HEIGHT, WEIGHT,  DISTINCTIVE  MARKINGS,  ETHNICITY;  OR  (B)  ANY
 COMBINATION  OF  THE ABOVE LISTED CHARACTERISTICS IF AN EXACT BIRTH DATE
 OR ADDRESS IS NOT AVAILABLE. IF THREE OF  THE  CHARACTERISTICS  PROVIDED
 INCLUDE  ETHNICITY, HAIR COLOR, AND EYE COLOR, OTHER IDENTIFYING CHARAC-
 TERISTICS SHALL BE PROVIDED.
   2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   (B) NOTICE THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
   (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
 TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
 WRITTEN RECORD;
   (D) NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE  OR
 OLDER;
   (E)  A  WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
 THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED  OR  TO
 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   (F)  NOTICE  THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
 ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR  OTHER  IDENTIFYING
 INFORMATION  REGARDING  THE  PERSON  ABOUT WHOM INFORMATION IS SOUGHT IN
 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   (G) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE  AND  THAT  ANY
 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
   (H)  A  STATEMENT  THAT  AN  INFORMATION  PACKAGE WHICH WILL INCLUDE A
 DESCRIPTION OF THE LAW AND DRUG OFFENSE ARE AVAILABLE UPON REQUEST  FROM
 THE  DIVISION.  SUCH  INFORMATION  PACKAGE  SHALL  INCLUDE QUESTIONS AND
 ANSWERS REGARDING THE MOST COMMONLY ASKED QUESTIONS ABOUT THE DRUG DEAL-
 ER REGISTRATION ACT, AND CURRENT DRUG OFFENSE PREVENTION MATERIAL.
   3. (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT  AND
 NOT-FOR-PROFIT  YOUTH  SERVICES  ORGANIZATIONS  TO PRE-REGISTER WITH THE
 DIVISION FOR USE  OF  THE  TELEPHONE  NUMBER.    PRE-REGISTRATION  SHALL
 INCLUDE  THE  IDENTIFICATION  OF UP TO TWO OFFICIALS OF THE ORGANIZATION
 WHO MAY CALL THE TELEPHONE NUMBER AND OBTAIN INFORMATION  ON  BEHALF  OF
 THE  ORGANIZATION. A PRE-REGISTERED CERTIFICATE ISSUED UNDER THIS SUBDI-
 VISION SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVI-
 SION FOR GOOD CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN  APPLICANT  FOR
 THE  ISSUANCE  OF A PRE-REGISTERED CERTIFICATE PURSUANT TO THIS SUBDIVI-
 SION.
   (B) AN ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE  PURSUANT  TO
 THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
 MULTIPLE  NAMED  INDIVIDUALS  ARE  LISTED  ON  THE DRUG DEALER REGISTRY.
 NOTWITHSTANDING ANY PER CALL LIMITATION THE DIVISION MAY PLACE ON  CALLS
 BY  PRIVATE  INDIVIDUALS,  THE  DIVISION SHALL ALLOW SUCH PRE-REGISTERED
 ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACHES, LEADERS
 OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
   (C) FOR PURPOSES OF THIS SUBDIVISION,  "YOUTH  SERVICES  ORGANIZATION"
 SHALL  MEAN  A  FORMALIZED PROGRAM OPERATED BY A CORPORATION PURSUANT TO
 SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE  HUNDRED  TWO  OF  THE
 NOT-FOR-PROFIT  CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (A) PROVIDE
 CHILDREN THE OPPORTUNITY TO  PARTICIPATE  IN  ADULT-SUPERVISED  SPORTING
 ACTIVITIES;  OR  (B)  MATCH  CHILDREN  OR  GROUPS OF CHILDREN WITH ADULT
 VOLUNTEERS FOR THE PURPOSE OF  PROVIDING  CHILDREN  WITH  POSITIVE  ROLE
 MODELS TO ENHANCE THEIR DEVELOPMENT.

 A. 6402                            19
 
   4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
 GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
 TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
 PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
 CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
 INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
 RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
 RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
 DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
 BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
 PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
   5. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
 THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
   (A) NUMBER OF CALLS RECEIVED;
   (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
 IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
 NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
 WHETHER A NAMED INDIVIDUAL WAS LISTED;
   (D) NUMBER OF PERSONS LISTED; AND
   (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
 UPON SELECTED FACTORS.
   § 169-Q. SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION  SHALL  MAIN-
 TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE DRUG DEALERS. THE SUBDIRECTO-
 RY  SHALL  INCLUDE  THE  EXACT ADDRESS, ADDRESS OF THE DEALER'S PLACE OF
 EMPLOYMENT AND PHOTOGRAPH OF THE DRUG DEALER ALONG  WITH  THE  FOLLOWING
 INFORMATION,  IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND DISTINC-
 TIVE MARKINGS. BACKGROUND INFORMATION INCLUDING ALL OF THE DRUG DEALER'S
 CRIMES OF CONVICTION THAT REQUIRE HIM OR HER  TO  REGISTER  PURSUANT  TO
 THIS  ARTICLE,  THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCA-
 TION AT WHICH THE DRUG DEALER  IS  ENROLLED,  ATTENDS,  IS  EMPLOYED  OR
 RESIDES  AND  A  DESCRIPTION  OF  SPECIAL CONDITIONS IMPOSED ON THE DRUG
 DEALER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL HAVE  DRUG  DEALER
 LISTINGS  CATEGORIZED BY COUNTY AND ZIP CODE. SUCH SUBDIRECTORY SHALL BE
 MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE  DIVISION  HOMEPAGE.
 ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE AUTOMATED E-MAIL NOTIFI-
 CATIONS  WHENEVER A NEW OR UPDATED SUBDIRECTORY REGISTRATION OCCURS IN A
 GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON.  THE  DIVISION  SHALL  FURNISH
 SUCH  SERVICE  AT  NO  CHARGE  TO  SUCH PERSON, WHO SHALL REQUEST E-MAIL
 NOTIFICATION BY COUNTY AND/OR ZIP CODE ON FORMS DEVELOPED  AND  PROVIDED
 BY  THE  DIVISION.  E-MAIL  NOTIFICATION  IS LIMITED TO THREE GEOGRAPHIC
 AREAS PER E-MAIL ACCOUNT.
   2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
 IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
 IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
 NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
 OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
 DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
 DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
 ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
 PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
 A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR  OTHER  ORDER
 AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
 FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-

 A. 6402                            20
 
 DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
 OF LAW.
   §  169-R. 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 SECTION, UNLESS IT IS SHOWN
 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
 BAD FAITH. THE IMMUNITY PROVIDED  UNDER  THIS  SECTION  APPLIES  TO  THE
 RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
 THE GENERAL PUBLIC.
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
 OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION  UNLESS  IT  IS  SHOWN
 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
 BAD FAITH.
   § 169-S. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
 ING  THE  PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
 TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY  RECOMMEN-
 DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
   §  169-T.  PENALTY.  ANY DRUG DEALER REQUIRED TO REGISTER OR TO VERIFY
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE  WHO  FAILS  TO  REGISTER  OR
 VERIFY  IN  THE  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS
 ARTICLE SHALL BE GUILTY OF A CLASS E  FELONY  UPON  CONVICTION  FOR  THE
 FIRST  OFFENSE,  AND  UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE
 SHALL BE GUILTY OF A CLASS D FELONY. ANY DRUG DEALER  WHO  VIOLATES  THE
 PROVISIONS  OF SECTION ONE HUNDRED SIXTY-NINE-V OF THIS ARTICLE SHALL BE
 GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE  FIRST  OFFENSE,
 AND  UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY
 OF A CLASS D FELONY.  ANY SUCH FAILURE TO REGISTER OR VERIFY MAY ALSO BE
 THE BASIS FOR REVOCATION OF  PAROLE  PURSUANT  TO  SECTION  TWO  HUNDRED
 FIFTY-NINE-I  OF  THE  EXECUTIVE  LAW  OR  THE  BASIS  FOR REVOCATION OF
 PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
 LAW.
   § 169-U. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
 NOR.
   § 169-V. PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES ENGAGED IN RETAIL
 SALES OF FROZEN DESSERTS. NO PERSON REQUIRED  TO  MAINTAIN  REGISTRATION
 UNDER  THIS  ARTICLE  (DRUG  DEALER  REGISTRATION ACT) SHALL OPERATE, BE
 EMPLOYED ON OR DISPENSE GOODS FOR SALE AT  RETAIL  ON  A  MOTOR  VEHICLE
 ENGAGED  IN  RETAIL  SALES  OF FROZEN DESSERTS AS DEFINED IN SUBDIVISION
 THIRTY-SEVEN OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THE  VEHICLE  AND
 TRAFFIC LAW.
   § 169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
 SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
 ANY OTHER SECTION OR PART THEREOF.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.