The New York State Senate

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

                                  3450

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced by Sens. CROCI, ADDABBO, AKSHAR, AMEDORE, DeFRANCISCO, FUNKE,
  GALLIVAN,  LARKIN, LITTLE, MARCHIONE, MURPHY, O'MARA, ORTT, RANZENHOF-
  ER, SEWARD, YOUNG -- read twice and ordered printed, and when  printed
  to  be  committed  to the Committee on Veterans, Homeland Security and
  Military Affairs

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

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

                                                           LBD02130-02-7

S. 3450                             2

SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
  §  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.

S. 3450                             3

  § 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE  FINDS  AND  DETERMINES
THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
THE STATE OF NEW YORK.
  THE  LEGISLATURE  ADDITIONALLY  FINDS  AND  DETERMINES, THAT IT IS THE
FIRST RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE  PUBLIC
PROTECTION  AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
A PROGRAM OF PREVENTION OF, RESPONSE TO, AND  RECOVERY  FROM,  TERRORIST
ATTACKS.
  THE  LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE  ESSEN-
TIAL  CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE  MUST  TAKE
RESPONSIBLE  ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF  THE
NEW  YORK  STATE  TERRORIST  REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
MONITOR THOSE INDIVIDUALS, WHO  HAVE  DEMONSTRATED  THROUGH  THEIR  PAST
ACTIONS,  THAT  THEY  WOULD  COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED  FROM
COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
THE STATE OF NEW YORK.
  §  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

S. 3450                             4

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

S. 3450                             5

  11. "PROBATION" MEANS A SENTENCE  OF  PROBATION  IMPOSED  PURSUANT  TO
ARTICLE  SIXTY-FIVE  OF  THE  PENAL  LAW AND SHALL INCLUDE A SENTENCE OF
IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  12. "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

S. 3450                             6

SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE  NEW  YORK
STATE TERRORIST REGISTRY.
  2.  REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  BUT  IN  NO  EVENT
SHALL  THE  FAILURE  OF  A TERRORIST TO RECEIVE SUCH NOTICE 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.

S. 3450                             7

  12. FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT  TO
SECTION  ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR THE
SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
TRANT, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,  OR
ANOTHER  APPROVED  FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE
DIVISION, FOR THE PRESERVATION, STORAGE AND  ANALYSIS  OF  SUCH  FINGER-
PRINTS.
  13.  REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO SECTION
ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO  CHARGE
REGISTRATION  AND  VERIFICATION  FEES  TO BE PAID TO THE DIVISION BY THE
REGISTRANT, AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH  THE
STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
FUND.
  14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
A  SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-Q
OF THIS ARTICLE.
  15. INTERNET DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH  AN  INTERNET
DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
  §  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;

S. 3450                             8

  (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE,  WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE  OF  PROVIDING  A
REPORT  AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
AND  Y-CHROMOSOME  DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA
TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
  (D) A DNA ANALYSIS OF THE DNA SAMPLE  COLLECTED  FROM  THE  TERRORIST,
PERFORMED  BY  A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
BEING COMPLIANT WITH THE COMBINED DNA INDEX  SYSTEM  (CODIS),  AND  WITH
SUCH  ANALYSIS  CAPABLE  OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)  AND  Y-CHROMOSOME  DNA  (Y-DNA),
TOGETHER  WITH  ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
THE DIVISION;
  3. TERRORIST INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH  AND  EVERY
TERRORIST INCIDENT INVOLVING THE TERRORIST:
  (A)  A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED,  TRANSPORTED,
OR DESIGNATED;
  (B)  THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
  (C) A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE  INCI-
DENT  AND  ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST WAS CONVICTED,
DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
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.

S. 3450                             9

  2. STANDARDIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY, ON THE FOLLOWING:
  (A)  DUTY  AND  OBLIGATION  TO REGISTER. THE STANDARDIZED REGISTRATION
INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING  THE  REGISTRANT'S
DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
  (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
REGISTRATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION  INFORMATION
FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
PROPERLY  REGISTER  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE,
INCLUDING:
  (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
STANDARDIZED REGISTRATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
INFORMATION  CONCERNING  THE  REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO  SUCH  LAW  ENFORCEMENT
AGENCY; AND
  (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

S. 3450                            10

THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
AND
  (C)  MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION INFORMATION
FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING  THE  MANNER  AND
PROCEDURES  THAT  A  REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
PROPERLY PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF  THIS
ARTICLE, INCLUDING:
  (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
STANDARDIZED VERIFICATION FORM;
  (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW  TO  APPEAR  BEFORE
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, CONCERNING THE REGIS-
TRANT'S REQUIREMENT TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH  WITH  SUCH
LAW ENFORCEMENT AGENCY; AND
  (III)  DETAILED  DIRECTIONS AND INFORMATION CONCERNING THE TERRORIST'S
RESPONSIBILITY TO PAY A TEN DOLLAR CHANGE OF ADDRESS FEE  TO  THE  DIVI-
SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
SECTION  ONE  HUNDRED  SIXTY-NINE-P  OF  THIS ARTICLE, AND THE AVAILABLE
MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
  7. PERSONALIZED VERIFICATION  INFORMATION  FORM.  THE  DIVISION  SHALL
CREATE  A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR AND
CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
TERRORIST  REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
TRY WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE  REGISTRANT
MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
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

S. 3450                            11

  (C) THE DIVISION SHALL ALSO MAINTAIN A  TOLL  FREE  TELEPHONE  NUMBER,
WHICH  SHALL  BE  DISPLAYED  ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER  WITH  THE  NEW
YORK  STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
THAT  IS  NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT  TO  COMPLETE
THEIR  VERIFICATION,  INCLUDING  INFORMATION THAT WOULD BE PROVIDED IN A
PERSONALIZED REGISTRATION INFORMATION FORM OR A  PERSONALIZED  VERIFICA-
TION INFORMATION FORM.
  10.  ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS OFFICIAL
WEBSITE THAT ALL 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

S. 3450                            12

STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
AFTER;
  (C)  THE  REGISTRANT,  WITHIN  TEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
THE MAILING OF REGISTRATION PACKET  BY  THE  DIVISION,  OR  WITHIN  FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
DIVISION'S  WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED BY
THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED  REGISTRA-
TION  FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST CLASS
MAIL, OR BY MEANS OF PERSONAL DELIVERY TO  THE  LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION;
  (D)  THE  REGISTRANT,  WITHIN  TEN CALENDAR DAYS OF THE RECEIPT OF THE
VERIFICATION PACKET FROM THE DIVISION, OR WITHIN FIFTEEN  CALENDAR  DAYS
OF  THE  MAILING  OF VERIFICATION PACKET BY THE DIVISION, OR WITHIN FIVE
CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR  DAYS  OF  BEING  PERSONALLY
NOTIFIED  BY  THE  DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
SHALL RETURN A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF  THE  STAND-
ARDIZED  VERIFICATION  FORM  TO  THE DIVISION, EITHER BY MEANS OF UNITED
STATES FIRST CLASS MAIL, OR BY MEANS OF PERSONAL  DELIVERY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION;
  (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
REGISTRATION  PACKET  FROM  THE DIVISION, OR WITHIN THIRTY-FIVE CALENDAR
DAYS OF THE MAILING OF REGISTRATION PACKET BY THE  DIVISION,  OR  WITHIN
TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
NOTIFIED  BY  THE  DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER,
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

S. 3450                            13

TO REGISTER IN ACCORDANCE WITH THIS ARTICLE,  AND  PURSUANT  TO  SECTION
490.23 OF THE PENAL LAW.
  18.  LATE  FILINGS.  THE  DIVISION  MAY BY REGULATION IDENTIFY CERTAIN
CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION  FORM,  OR
THE  LATE  COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL  A  LATE  SUBMISSION  OR  LATE
COLLECTION  BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND  OBLIGATION
TO  SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH
OR UPDATED PHOTOGRAPH.
  19.  REGULATIONS.  THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  § 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:

S. 3450                            14

  (A) THE NAME AND ALIASES OF THE TERRORIST;
  (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
HER CONFINEMENT;
  (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
SERVED, IF ANY;
  (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
  (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
  (F) THE FINGERPRINTS OF THE TERRORIST.
  5.  PURPOSE.  IT SHALL BE THE PURPOSE OF THE DIVISION'S 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

S. 3450                            15

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
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

S. 3450                            16

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-
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.

S. 3450                            17

  3. CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE  NEW
YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
AND SHALL HAVE THE CONTINUING DUTY TO:
  (A) VERIFY UNDER THIS ARTICLE;
  (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
CLE;
  (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
  (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
INFORMATION REQUIRED BY THIS ARTICLE.
  4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
THE  DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY
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,

S. 3450                            18

BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
THE  STANDARDIZED  REGISTRATION FORM PREPARED BY THE DIVISION IN ACCORD-
ANCE WITH THIS ARTICLE AS FOLLOWS:
  (I) THE COURT SHALL REQUIRE THE TERRORIST TO  READ  AND  COMPLETE  THE
STANDARDIZED  REGISTRATION  FORM,  SIGN  THE SAME IN THE PRESENCE OF THE
COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
  (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

S. 3450                            19

ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON  WHOM
THE  COURT  DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL  OF  SUCH  DECISION  AND/OR
ORDER  ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
BE SO ADDED SHALL GO, AS OF RIGHT, TO  THE  APPELLATE  DIVISION  IN  THE
DEPARTMENT  IN  WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE  ORDER  ISSUING
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

S. 3450                            20

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.
  §  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

S. 3450                            21

TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
SION THREE OF THIS SECTION.
  5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF
THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
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

S. 3450                            22

SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
FORM  AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION ON
SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
ADDRESS  OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION   OR
PROBATION,  THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH OF
COMMUNITY SUPERVISION OR PROBATION OF THE TERRORIST,  AND  THE  DATE  OF
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-

S. 3450                            23

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

S. 3450                            24

  §  169-L.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE  VERIFICA-
TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
  § 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

S. 3450                            25

LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
  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

S. 3450                            26

CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
YSIS OF SUCH DNA SAMPLE.
  3.  SECURE  CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF  THE
FINGERPRINTS  COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION, THE CONFINEMENT  ENTITY,  THE  DEPARTMENT,  OR  THE
OFFICE  OF  PROBATION  AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE, TO  THE  LABORATORY  MAINTAINED  BY  THE
DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
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;

S. 3450                            27

  (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
  (VI)  THE  CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
THE TERRORIST;
  (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
  (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
  (IX) ANY DISTINCTIVE MARKINGS  OR  THE  ETHNICITY  OF  THE  TERRORIST;
AND/OR
  (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
  (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

S. 3450                            28

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.
  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

S. 3450                            29

  (VII) BACKGROUND INFORMATION ON  THE  TERRORIST,  INCLUDING  EACH  AND
EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
  (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
  (C)  BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
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

S. 3450                            30

THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  §  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

S. 3450                            31

BUDGET SHALL NOTIFY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY, OF  THE  FISCAL  AMOUNTS  REQUESTED  IN
APPLICATIONS  FOR  REIMBURSEMENT FOR COSTS INCURRED BY LOCAL GOVERNMENTS
UNDER THIS SECTION, AND THE FISCAL AMOUNTS OF APPLICATIONS FOR INCREASES
IN  STATE  AGENCIES'  BUDGETS  UNDER  THIS  SECTION, DURING THE PREVIOUS
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.