S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7546
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 18, 2015
                                      ___________
       Introduced  by M. of A. BLAKE -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law, in relation  to  creating  a  felony
         possession of a firearm registration and crime registration act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The correction law is amended by adding a new  article  6-D
    2  to read as follows:
    3                                 ARTICLE 6-D
    4          FELONY GUN POSSESSION REGISTRATION AND CRIME REGISTRY ACT
    5  SECTION 168-AA. SHORT TITLE.
    6          168-BB. DEFINITIONS.
    7          168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
    8          168-DD. OFFENDER; RELOCATION; NOTIFICATION.
    9          168-EE. DUTIES OF THE COURT.
   10          168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES
   11                    OF OFFICIAL IN CHARGE.
   12          168-GG. DUTY TO REGISTER AND TO VERIFY.
   13          168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.
   14          168-II. REGISTRATION AND VERIFICATION REQUIREMENTS.
   15          168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
   16                    OF ADDRESS.
   17          168-KK. SPECIAL TELEPHONE NUMBER.
   18          168-LL. IMMUNITY FROM LIABILITY.
   19          168-MM. PENALTY.
   20          168-NN. UNAUTHORIZED RELEASE OF INFORMATION.
   21          168-OO. SEPARABILITY.
   22    S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   23  THE "FELONY GUN POSSESSION REGISTRATION AND CRIME REGISTRY ACT".
   24    S  168-BB. DEFINITIONS.   AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
   25  NITIONS APPLY:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08134-02-5
       A. 7546                             2
    1    1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING FIREARM WITH  A
    2  MATCHLOCK,  FLINTLOCK,  PERCUSSION  CAP,  OR  SIMILAR  TYPE  OF IGNITION
    3  SYSTEM, OR A FIREARM WHICH USES FIXED CARTRIDGES  WHICH  ARE  NO  LONGER
    4  AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL TRADE.
    5    2.  "ASSAULT  WEAPON" MEANS ANY WEAPON DEFINED UNDER SUBDIVISION TWEN-
    6  TY-TWO OF SECTION 265.00 OF THE PENAL LAW.
    7    3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR  A  VERDICT
    8  OF   GUILTY  UPON,  AN  ACCUSATORY  INSTRUMENT  OTHER  THAN  MISDEMEANOR
    9  CONVICTIONS.
   10    4. "DISGUISED GUN"  MEANS  ANY  WEAPON  OR  DEVICE  CAPABLE  OF  BEING
   11  CONCEALED  ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH THE
   12  ENERGY OF AN EXPLOSIVE AND IS DESIGNED AND  INTENDED  TO  APPEAR  TO  BE
   13  SOMETHING OTHER THAN A GUN.
   14    5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
   15  ONE  OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A RIFLE
   16  HAVING ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN  LENGTH;  OR  (D)
   17  ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
   18  TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
   19  AN  OVERALL  LENGTH  OF  LESS  THAN TWENTY-SIX INCHES; OR (E) AN ASSAULT
   20  WEAPON. FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL  ON
   21  A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
   22  THE  MUZZLE  AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK WHEN CLOSED
   23  AND WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A  WEAPON
   24  MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
   25  THE  WEAPON  MEASURED  ALONG  A  LINE PARALLEL TO THE CENTER LINE OF THE
   26  BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
   27    6. "FIREARM SILENCER" MEANS  ANY  INSTRUMENT,  ATTACHMENT,  WEAPON  OR
   28  APPLIANCE  FOR  CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER
   29  FIREARMS TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF  THE
   30  FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
   31    7.  "GUN  POSSESSION OFFENDER" MEANS ANY PERSON WHO IS CONVICTED OF OR
   32  HAS A CONVICTION FOR AN ATTEMPT TO  COMMIT  ANY  OF  THE  PROVISIONS  OF
   33  SECTION  265.02,  265.03  OR 265.04 OF THE PENAL LAW. ANY CONVICTION SET
   34  ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR THE PURPOSES OF THIS ARTI-
   35  CLE.
   36    8. "LOADED FIREARM" MEANS ANY FIREARM LOADED WITH  AMMUNITION  OR  ANY
   37  FIREARM  WHICH  IS  POSSESSED  BY ONE WHO, AT THE SAME TIME, POSSESSES A
   38  QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
   39    9. "MACHINE-GUN" MEANS A WEAPON OF ANY  DESCRIPTION,  IRRESPECTIVE  OF
   40  SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
   41  SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
   42  ZINE  WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A SUB-MACHINE
   43  GUN.
   44    10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
   45  INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED  OR  REDESIGNED  AND
   46  MADE  OR  REMADE  TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED METALLIC
   47  CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH  A  RIFLED  BORE  FOR
   48  EACH SINGLE PULL OF THE TRIGGER.
   49    11.  "SEMIAUTOMATIC"  MEANS  ANY  REPEATING  RIFLE, SHOTGUN OR PISTOL,
   50  REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF  THE
   51  ENERGY  OF  A  FIRING  CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
   52  CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND,  AND  WHICH  REQUIRES  A
   53  SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
   54    12.  "SHOTGUN"  MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
   55  AND INTENDED TO BE FIRED FROM THE SHOULDER AND  DESIGNED  OR  REDESIGNED
   56  AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
       A. 7546                             3
    1  SHELL  TO  FIRE  THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
    2  SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
    3    13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
    4    S  168-CC.  DUTIES  OF  THE DIVISION; REGISTRATION INFORMATION. 1. THE
    5  DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
    6  REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
    7  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
    8    (A) THE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH,  SEX,  RACE,
    9  HEIGHT,  WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR
   10  EXPECTED PLACE OF DOMICILE.
   11    (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION  SHALL,  DURING
   12  THE  PERIOD  OF  REGISTRATION,  UPDATE  SUCH PHOTOGRAPH ONCE EVERY THREE
   13  YEARS.  THE DIVISION SHALL NOTIFY THE OFFENDER BY MAIL OF  THE  DUTY  TO
   14  APPEAR  AND  BE  PHOTOGRAPHED  AT  THE  SPECIFIED LAW ENFORCEMENT AGENCY
   15  HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT  LEAST  THIRTY
   16  DAYS  AND  NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO
   17  BE TAKEN.
   18    (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
   19  THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   20    (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
   21  WHICH  THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
   22  WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
   23  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
   24    (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   25    2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
   26  ANY  REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE PURPOSE OF SHAR-
   27  ING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM  ANY  REGIONAL  OR
   28  NATIONAL  REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN
   29  REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   30    (B) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
   31  REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
   32  PROVISIONS OF THIS ARTICLE.
   33    3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
   34  MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
   35  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
   36  BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE  THE  OFFENDER
   37  OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   38    4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
   39  LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
   40  MENTS.
   41    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   42  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
   43    6.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
   44  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   45    7. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN  OFFEN-
   46  DER  REGISTERS  ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS
   47  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
   48  HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
   49  SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
   50  THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
   51  FEES INTO THE GENERAL FUND.
   52    8. THE DIVISION SHALL MAINTAIN A GUN CRIME REGISTRY FROM THE  INFORMA-
   53  TION  OBTAINED FROM EACH REGISTERED INDIVIDUAL AND MAKE SUCH INFORMATION
   54  AVAILABLE TO THE PUBLIC ON A WEBSITE  MAINTAINED  AND  OPERATED  BY  THE
   55  DIVISION IN A SIMILAR MANNER AS THE SEX OFFENDER REGISTRY AS ESTABLISHED
   56  IN ARTICLE SIX-C OF THIS CHAPTER.
       A. 7546                             4
    1    S  168-DD.  OFFENDER;  RELOCATION;  NOTIFICATION.  IN  THE CASE OF ANY
    2  OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S  PROBATION
    3  OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
    4  OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH OFFENDER CHANG-
    5  ES  THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESI-
    6  DENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE  ON  PROBATION,  SUCH
    7  NOTIFICATION  OF  THE  CHANGE  OF STATUS SHALL BE SENT BY THE OFFENDER'S
    8  PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE  DIVISION  ON  A  FORM
    9  PROVIDED BY THE DIVISION.
   10    S  168-EE. DUTIES OF THE COURT. UPON CONVICTION OF ANY OF THE OFFENSES
   11  SET FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB  OF
   12  THIS  ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER AND
   13  SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY,  AND
   14  JUDGMENT  OF CONVICTION. THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
   15  OR HER DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE  THE  CERTIFICATION
   16  IN  THE  ORDER  OF  COMMITMENT  OR  THE JUDGMENT OF CONVICTION SHALL NOT
   17  RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
   18    S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES  OF
   19  OFFICIAL IN CHARGE. ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED TO
   20  POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTION-
   21  AL  FACILITY  OR  INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED,
   22  SHALL AT LEAST FORTY-FIVE DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE
   23  INFORMED OF HIS OR HER DUTY TO  REGISTER  UNDER  THIS  ARTICLE,  BY  THE
   24  FACILITY  IN  WHICH  HE  OR  SHE WAS CONFINED OR COMMITTED. THE FACILITY
   25  SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED
   26  BY THE DIVISION STATING THE DUTY  TO  REGISTER  AND  THE  PROCEDURE  FOR
   27  REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGIS-
   28  TRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE
   29  ADDRESS  WHERE  THE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE
   30  OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF  HIGHER  EDUCA-
   31  TION  HE  OR  SHE  EXPECTS  TO BE EMPLOYED BY, ENROLLED IN OR ATTENDING,
   32  WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE
   33  IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT
   34  SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE  ONE  COPY  OF
   35  THE FORM TO THE OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE
   36  DIVISION  WHICH  SHALL  PROVIDE  THE  INFORMATION TO THE LAW ENFORCEMENT
   37  AGENCIES HAVING JURISDICTION. THE FACILITY SHALL  GIVE  THE  OFFENDER  A
   38  FORM  PREPARED  BY  THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST
   39  FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED,
   40  SIGNED BY THE OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST
   41  TEN DAYS PRIOR TO THE OFFENDER'S RELEASE OR DISCHARGE.
   42    S 168-GG. DUTY TO REGISTER AND TO VERIFY. 1. ANY  OFFENDER  SHALL,  AT
   43  LEAST  TWENTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-
   44  RELEASE SUPERVISION OR RELEASE FROM  ANY  STATE  OR  LOCAL  CORRECTIONAL
   45  FACILITY  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR COMMITTED,
   46  REGISTER WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
   47    2. FOR AN OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE THE FOLLOW-
   48  ING APPLIES:
   49    (A) THE OFFENDER SHALL MAIL THE  VERIFICATION  FORM  TO  THE  DIVISION
   50  WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   51    (B)  THE  VERIFICATION FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
   52  THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO  THE  DIVI-
   53  SION.
   54    (C)  IF THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
   55  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE  OR  SHE
       A. 7546                             5
    1  SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
    2  SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
    3    3.  ANY  OFFENDER  SHALL  REGISTER WITH THE DIVISION NO LATER THAN TEN
    4  CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF  HIS  OR  HER
    5  STATUS  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
    6  TUTION OF HIGHER EDUCATION. A FEE  OF  TEN  DOLLARS,  AS  AUTHORIZED  BY
    7  SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
    8  SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
    9  CHANGE  OF  ADDRESS  OR  ANY  CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
   10  ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
   11  TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
   12  AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
   13  OF STATUS.
   14    4. THE OFFENDER SHALL NOTIFY LOCAL LAW ENFORCEMENT OR THE DIVISION  IN
   15  WRITING OF A NEW ADDRESS WITHIN TEN DAYS AFTER MOVING.
   16    5.  THE  OFFENDER  SHALL  REPORT IN PERSON TO A LOCAL POLICE AGENCY TO
   17  HAVE A CURRENT PHOTO TAKEN EVERY THREE YEARS.
   18    6. THE DIVISION SHALL MAIL TO THE OFFENDER'S  ADDRESS  A  VERIFICATION
   19  FORM  EVERY NINETY DAYS FOR A PERIOD OF THREE YEARS AFTER CONVICTION AND
   20  EVERY SIX MONTHS THEREAFTER TO  ENSURE  THE  DIVISION  HAS  AN  ACCURATE
   21  ADDRESS FOR THE OFFENDER.
   22    7. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
   23  BE  APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL
   24  OR WHO WAS PARDONED BY THE GOVERNOR.
   25    S 168-HH. DURATION OF REGISTRATION AND VERIFICATION  REQUIREMENTS.  AN
   26  OFFENDER  SHALL  REMAIN  ON  THE  REGISTRY FOR THE INITIAL PERIOD OF TEN
   27  YEARS AFTER CONVICTION AND CAN BE REMOVED FOLLOWING THE  INITIAL  PERIOD
   28  UPON ORDER OF THE COURT CONVICTION.
   29    S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
   30  VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
   31  WRITING  SIGNED  BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
   32  BY THE DIVISION AND THE DIVISION SHALL ENTER  THE  INFORMATION  INTO  AN
   33  APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   34    S  168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
   35  ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED  TO
   36  REGISTER  UNDER  THIS  ARTICLE,  THE DIVISION SHALL NOTIFY THE LOCAL LAW
   37  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
   38  THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF  THE
   39  NEW PLACE OF RESIDENCE.
   40    S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
   41  SIXTY-EIGHT-CC  OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
   42  PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
   43  INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
   44  ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
   45  REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER  WITH
   46  THE  RELEVANT  INFORMATION.  THE DIVISION SHALL DECIDE WHETHER THE NAMED
   47  PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON  INFORMATION
   48  FROM  THE  CALLER  PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
   49  STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR
   50  BIRTH  DATE,  ALONG  WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
   51  SECURITY NUMBER, HAIR COLOR,  EYE  COLOR,  HEIGHT,  WEIGHT,  DISTINCTIVE
   52  MARKINGS,  ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
   53  TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE.  IF  THREE
   54  OF THESE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
   55  COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
       A. 7546                             6
    1  TION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO
    2  THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
    3    2.  WHEN  THE  TELEPHONE  NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
    4  WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
    5    (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
    6    (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
    7    (C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR  HERSELF
    8  TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
    9  WRITTEN RECORD;
   10    (D)  NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
   11  OLDER;
   12    (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
   13  THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
   14  ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   15    (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
   16  ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
   17  INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
   18  ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   19    (G)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
   20  SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
   21    S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
   22  WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
   23  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   24  AND  NECESSARY  INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
   25  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   26  BAD FAITH. THE IMMUNITY PROVIDED  UNDER  THIS  SECTION  APPLIES  TO  THE
   27  RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
   28  THE GENERAL PUBLIC.
   29    2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
   30  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   31  OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
   32  RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE  UNLESS  IT  IS  SHOWN
   33  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   34  BAD FAITH.
   35    S  168-MM.  PENALTY.  ANY  OFFENDER  REQUIRED TO REGISTER OR TO VERIFY
   36  PURSUANT TO THE PROVISIONS OF THIS ARTICLE  WHO  FAILS  TO  REGISTER  OR
   37  VERIFY  IN  THE  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS
   38  ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE
   39  FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND  OR  SUBSEQUENT  OFFENSE
   40  SHALL  BE  GUILTY  OF  A CLASS D FELONY. ANY SUCH FAILURE TO REGISTER OR
   41  VERIFY MAY ALSO BE THE  BASIS  FOR  REVOCATION  OF  PAROLE  PURSUANT  TO
   42  SECTION  TWO  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR
   43  REVOCATION OF PROBATION PURSUANT TO ARTICLE  FOUR  HUNDRED  TEN  OF  THE
   44  CRIMINAL PROCEDURE LAW.
   45    S  168-NN.  UNAUTHORIZED  RELEASE  OF  INFORMATION.  THE  UNAUTHORIZED
   46  RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A  CLASS  B
   47  MISDEMEANOR.
   48    S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
   49  OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
   50  SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
   51  ANY OTHER SECTION OR PART THEREOF.
   52    S 2. This act shall take effect on the one hundred eightieth day after
   53  it shall have become a law.