S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        928--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  HEASTIE,  LAVINE,  COOK, MOSLEY, DINOWITZ --
         Multi-Sponsored by -- M. of A. BRENNAN, SEPULVEDA  --  read  once  and
         referred  to the Committee on Correction -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04300-04-3
       A. 928--A                           2
    1    S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
    2  THE "FELONY POSSESSION OF A FIREARM REGISTRATION ACT".
    3    S  168-BB. DEFINITIONS.   AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
    4  NITIONS APPLY:
    5    1. "ANTIQUE FIREARM" MEANS ANY UNLOADED MUZZLE LOADING FIREARM WITH  A
    6  MATCHLOCK,  FLINTLOCK,  PERCUSSION  CAP,  OR  SIMILAR  TYPE  OF IGNITION
    7  SYSTEM, OR A FIREARM WHICH USES FIXED CARTRIDGES  WHICH  ARE  NO  LONGER
    8  AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL TRADE.
    9    2. "ASSAULT WEAPON" MEANS: (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABIL-
   10  ITY  TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOW-
   11  ING CHARACTERISTICS:  (I) A FOLDING OR TELESCOPING STOCK;
   12    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
   13  THE WEAPON;
   14    (III) A THUMBHOLE STOCK;
   15    (IV)  A  SECOND  HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
   16  NON-TRIGGER HAND;
   17    (V) A BAYONET MOUNT;
   18    (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
   19  BARREL DESIGNED TO ACCOMMODATE A  FLASH  SUPPRESSOR,  MUZZLE  BREAK,  OR
   20  MUZZLE COMPENSATOR;
   21    (VII) A GRENADE LAUNCHER; OR
   22    (B)  A  SEMIAUTOMATIC  SHOTGUN  THAT HAS AT LEAST ONE OF THE FOLLOWING
   23  CHARACTERISTICS:
   24    (I) A FOLDING OR TELESCOPING STOCK;
   25    (II) A THUMBHOLE STOCK;
   26    (III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD  BY  THE
   27  NON-TRIGGER HAND;
   28    (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
   29    (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   30    (C)  A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
   31  MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
   32    (I) A FOLDING OR TELESCOPING STOCK;
   33    (II) A THUMBHOLE STOCK;
   34    (III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD  BY  THE
   35  NON-TRIGGER HAND;
   36    (IV)  CAPACITY  TO  ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
   37  PISTOL OUTSIDE OF THE PISTOL GRIP;
   38    (V) A THREADED BARREL CAPABLE OF ACCEPTING A  BARREL  EXTENDER,  FLASH
   39  SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   40    (VI)  A  SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
   41  CLES, THE BARREL AND THE PERMITS THE SHOOTER TO HOLD  THE  FIREARM  WITH
   42  THE NON-TRIGGER HAND WITHOUT BEING BURNED;
   43    (VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
   44  UNLOADED; OR
   45    (VIII)  A  SEMIAUTOMATIC  VERSION  OF  AN  AUTOMATIC RIFLE, SHOTGUN OR
   46  FIREARM;
   47    (D) A REVOLVING CYLINDER SHOTGUN;
   48    (E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
   49  PISTOL  OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDI-
   50  VISION TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW AS ADDED BY CHAPTER
   51  ONE HUNDRED EIGHTY-NINE OF  THE  LAWS  OF  TWO  THOUSAND  AND  OTHERWISE
   52  LAWFULLY  POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
   53  PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
   54    (F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
   55  PISTOL  OR  WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI-
       A. 928--A                           3
    1  SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF  THE  CHAPTER  OF  THE
    2  LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
    3    (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
    4    (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
    5  BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
    6  INOPERABLE;  OR  (C)  IS  AN  ANTIQUE  FIREARM  AS  DEFINED IN 18 U.S.C.
    7  921(A)(16);
    8    (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT  A  DETACHABLE  MAGAZINE
    9  THAT HOLD MORE THAN FIVE ROUNDS OF AMMUNITION;
   10    (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
   11  OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
   12    (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE  THEREOF,
   13  SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
   14  ON  OCTOBER  FIRST,  NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
   15  WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO  MEAN  THAT
   16  SUCH WEAPON IS AN ASSAULT WEAPON;
   17    (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
   18  SECTION  400.00  OF  THE PENAL LAW. SUCH WEAPONS SHALL BE SUBJECT TO THE
   19  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
   20    (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT  WAS  MANUFACTURED  AT  LEAST
   21  FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE-
   22  OF  THAT  ARE  VALIDLY  REGISTERED  PURSUANT TO SUBDIVISION SIXTEEN-A OF
   23  SECTION 400.00 OF THE PENAL LAW;
   24    (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
   25  ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY  POSSESSED
   26  BY  AN  INDIVIDUAL  PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
   27  TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE  SOLD  TO,
   28  EXCHANGED  WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
   29  WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
   30  ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE  STATE  MUST
   31  BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
   32  TY-TWO  HOURS  OF  SUCH  TRANSFER.  AN INDIVIDUAL WHO TRANSFERS ANY SUCH
   33  WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL  INSIDE  NEW
   34  YORK  STATE  OR  WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
   35  SHALL BE GUILTY OF A CLASS A  MISDEMEANOR  UNLESS  SUCH  LARGE  CAPACITY
   36  AMMUNITION  FEEDING  DEVICE,  THE POSSESSION OF WHICH IS MADE ILLEGAL BY
   37  THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS  PARA-
   38  GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
   39  TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
   40    3.  "CONVICTION"  MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR A VERDICT
   41  OF  GUILTY  UPON,  AN  ACCUSATORY  INSTRUMENT  OTHER  THAN   MISDEMEANOR
   42  CONVICTIONS.
   43    4.  "DISGUISED  GUN"  MEANS  ANY  WEAPON  OR  DEVICE  CAPABLE OF BEING
   44  CONCEALED ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH  THE
   45  ENERGY  OF  AN  EXPLOSIVE  AND  IS DESIGNED AND INTENDED TO APPEAR TO BE
   46  SOMETHING OTHER THAN A GUN.
   47    5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
   48  ONE OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A  RIFLE
   49  HAVING  ONE  OR  MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH; OR (D)
   50  ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
   51  TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
   52  AN OVERALL LENGTH OF LESS THAN TWENTY-SIX  INCHES;  OR  (E)  AN  ASSAULT
   53  WEAPON.  FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL ON
   54  A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
   55  THE MUZZLE AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK  WHEN  CLOSED
   56  AND  WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A WEAPON
       A. 928--A                           4
    1  MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
    2  THE WEAPON MEASURED ALONG A LINE PARALLEL TO  THE  CENTER  LINE  OF  THE
    3  BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
    4    6.  "FIREARM  SILENCER"  MEANS  ANY  INSTRUMENT, ATTACHMENT, WEAPON OR
    5  APPLIANCE FOR CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL  OR  OTHER
    6  FIREARMS  TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF THE
    7  FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
    8    7. "GUN POSSESSION OFFENDER" MEANS ANY PERSON WHO IS CONVICTED  OF  OR
    9  HAS  A  CONVICTION  FOR  AN  ATTEMPT  TO COMMIT ANY OF THE PROVISIONS OF
   10  SECTION 265.02, 265.03 OR 265.04 OF THE PENAL LAW.  ANY  CONVICTION  SET
   11  ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR THE PURPOSES OF THIS ARTI-
   12  CLE.
   13    8.  "LOADED  FIREARM"  MEANS ANY FIREARM LOADED WITH AMMUNITION OR ANY
   14  FIREARM WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
   15  QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
   16    9.  "MACHINE-GUN"  MEANS  A WEAPON OF ANY DESCRIPTION, IRRESPECTIVE OF
   17  SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
   18  SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
   19  ZINE WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A  SUB-MACHINE
   20  GUN.
   21    10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
   22  INTENDED  TO  BE  FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED AND
   23  MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN  A  FIXED  METALLIC
   24  CARTRIDGE  TO  FIRE  ONLY  A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR
   25  EACH SINGLE PULL OF THE TRIGGER.
   26    11. "SEMIAUTOMATIC" MEANS ANY  REPEATING  RIFLE,  SHOTGUN  OR  PISTOL,
   27  REGARDLESS  OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
   28  ENERGY OF A FIRING CARTRIDGE OR SHELL TO  EXTRACT  THE  FIRED  CARTRIDGE
   29  CASE  OR  SPENT  SHELL  AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
   30  SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
   31    12. "SHOTGUN" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE  OR  REMADE,
   32  AND  INTENDED  TO  BE FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED
   33  AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
   34  SHELL TO FIRE THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL  SHOT  OR  A
   35  SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
   36    13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   37    S  168-CC.  DUTIES  OF  THE DIVISION; REGISTRATION INFORMATION. 1. THE
   38  DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
   39  REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
   40  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
   41    (A) THE OFFENDER'S NAME, ALL ALIASES USED, DATE OF BIRTH,  SEX,  RACE,
   42  HEIGHT,  WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR
   43  EXPECTED PLACE OF DOMICILE.
   44    (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. THE DIVISION  SHALL,  DURING
   45  THE  PERIOD  OF  REGISTRATION,  UPDATE  SUCH PHOTOGRAPH ONCE EVERY THREE
   46  YEARS.  THE DIVISION SHALL NOTIFY THE OFFENDER BY MAIL OF  THE  DUTY  TO
   47  APPEAR  AND  BE  PHOTOGRAPHED  AT  THE  SPECIFIED LAW ENFORCEMENT AGENCY
   48  HAVING JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT  LEAST  THIRTY
   49  DAYS  AND  NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO
   50  BE TAKEN.
   51    (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
   52  THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   53    (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
   54  WHICH  THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
   55  WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
   56  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
       A. 928--A                           5
    1    (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
    2    2.  (A)  THE  DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
    3  ANY REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE PURPOSE OF  SHAR-
    4  ING  INFORMATION.  THE  DIVISION SHALL ACCEPT FILES FROM ANY REGIONAL OR
    5  NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE  WHEN
    6  REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
    7    (B)  THE  DIVISION  SHALL  REQUIRE THAT NO INFORMATION INCLUDED IN THE
    8  REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
    9  PROVISIONS OF THIS ARTICLE.
   10    3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
   11  MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
   12  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
   13  BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
   14  OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   15    4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
   16  LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
   17  MENTS.
   18    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   19  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
   20    6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
   21  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   22    7.  THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN OFFEN-
   23  DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS
   24  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
   25  HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
   26  SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
   27  THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
   28  FEES INTO THE GENERAL FUND.
   29    8.  THE DIVISION SHALL MAINTAIN A GUN CRIME REGISTRY FROM THE INFORMA-
   30  TION OBTAINED FROM EACH REGISTERED INDIVIDUAL AND MAKE SUCH  INFORMATION
   31  AVAILABLE  TO  THE  PUBLIC  ON  A WEBSITE MAINTAINED AND OPERATED BY THE
   32  DIVISION IN A SIMILAR MANNER AS THE SEX OFFENDER REGISTRY AS ESTABLISHED
   33  IN ARTICLE SIX-C OF THIS CHAPTER.
   34    S 168-DD. OFFENDER; RELOCATION;  NOTIFICATION.  IN  THE  CASE  OF  ANY
   35  OFFENDER  ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S PROBATION
   36  OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
   37  OF RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH OFFENDER CHANG-
   38  ES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, EMPLOYMENT OR  RESI-
   39  DENCE  AT  ANY  INSTITUTION OF HIGHER EDUCATION WHILE ON PROBATION, SUCH
   40  NOTIFICATION OF THE CHANGE OF STATUS SHALL BE  SENT  BY  THE  OFFENDER'S
   41  PROBATION  OFFICER  WITHIN  FORTY-EIGHT  HOURS TO THE DIVISION ON A FORM
   42  PROVIDED BY THE DIVISION.
   43    S 168-EE. DUTIES OF THE COURT. UPON CONVICTION OF ANY OF THE  OFFENSES
   44  SET  FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
   45  THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER  AND
   46  SHALL  INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
   47  JUDGMENT OF CONVICTION. THE COURT SHALL ALSO ADVISE THE OFFENDER OF  HIS
   48  OR  HER  DUTIES UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION
   49  IN THE ORDER OF COMMITMENT OR  THE  JUDGMENT  OF  CONVICTION  SHALL  NOT
   50  RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
   51    S  168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES OF
   52  OFFICIAL IN CHARGE. ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED TO
   53  POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTION-
   54  AL FACILITY OR INSTITUTION WHERE HE OR SHE WAS  CONFINED  OR  COMMITTED,
   55  SHALL AT LEAST FORTY-FIVE DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE
   56  INFORMED  OF  HIS  OR  HER  DUTY  TO REGISTER UNDER THIS ARTICLE, BY THE
       A. 928--A                           6
    1  FACILITY IN WHICH HE OR SHE WAS  CONFINED  OR  COMMITTED.  THE  FACILITY
    2  SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED
    3  BY  THE  DIVISION  STATING  THE  DUTY  TO REGISTER AND THE PROCEDURE FOR
    4  REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGIS-
    5  TRATION PORTION OF SUCH FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE
    6  ADDRESS  WHERE  THE OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE
    7  OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF  HIGHER  EDUCA-
    8  TION  HE  OR  SHE  EXPECTS  TO BE EMPLOYED BY, ENROLLED IN OR ATTENDING,
    9  WHETHER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE
   10  IN A FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT
   11  SUCH INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE  ONE  COPY  OF
   12  THE FORM TO THE OFFENDER, RETAIN ONE COPY AND SHALL SEND ONE COPY TO THE
   13  DIVISION  WHICH  SHALL  PROVIDE  THE  INFORMATION TO THE LAW ENFORCEMENT
   14  AGENCIES HAVING JURISDICTION. THE FACILITY SHALL  GIVE  THE  OFFENDER  A
   15  FORM  PREPARED  BY  THE DIVISION, TO REGISTER WITH THE DIVISION AT LEAST
   16  FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM SHALL BE COMPLETED,
   17  SIGNED BY THE OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST
   18  TEN DAYS PRIOR TO THE OFFENDER'S RELEASE OR DISCHARGE.
   19    S 168-GG. DUTY TO REGISTER AND TO VERIFY. 1. ANY  OFFENDER  SHALL,  AT
   20  LEAST  TWENTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-
   21  RELEASE SUPERVISION OR RELEASE FROM  ANY  STATE  OR  LOCAL  CORRECTIONAL
   22  FACILITY  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR COMMITTED,
   23  REGISTER WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
   24    2. FOR AN OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE THE FOLLOW-
   25  ING APPLIES:
   26    (A) THE OFFENDER SHALL MAIL THE  VERIFICATION  FORM  TO  THE  DIVISION
   27  WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   28    (B)  THE  VERIFICATION FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
   29  THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO  THE  DIVI-
   30  SION.
   31    (C)  IF THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
   32  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE  OR  SHE
   33  SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
   34  SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
   35    3.  ANY  OFFENDER  SHALL  REGISTER WITH THE DIVISION NO LATER THAN TEN
   36  CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF  HIS  OR  HER
   37  STATUS  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
   38  TUTION OF HIGHER EDUCATION. A FEE  OF  TEN  DOLLARS,  AS  AUTHORIZED  BY
   39  SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
   40  SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
   41  CHANGE  OF  ADDRESS  OR  ANY  CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
   42  ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
   43  TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
   44  AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
   45  OF STATUS.
   46    4. THE OFFENDER SHALL NOTIFY LOCAL LAW ENFORCEMENT OR THE DIVISION  IN
   47  WRITING OF A NEW ADDRESS WITHIN TEN DAYS AFTER MOVING.
   48    5.  THE  OFFENDER  SHALL  REPORT IN PERSON TO A LOCAL POLICE AGENCY TO
   49  HAVE A CURRENT PHOTO TAKEN EVERY THREE YEARS.
   50    6. THE DIVISION SHALL MAIL TO THE OFFENDER'S  ADDRESS  A  VERIFICATION
   51  FORM  EVERY NINETY DAYS FOR A PERIOD OF THREE YEARS AFTER CONVICTION AND
   52  EVERY SIX MONTHS THEREAFTER TO  ENSURE  THE  DIVISION  HAS  AN  ACCURATE
   53  ADDRESS FOR THE OFFENDER.
   54    7. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
   55  BE  APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON APPEAL
   56  OR WHO WAS PARDONED BY THE GOVERNOR.
       A. 928--A                           7
    1    S 168-HH. DURATION OF REGISTRATION AND VERIFICATION  REQUIREMENTS.  AN
    2  OFFENDER  SHALL  REMAIN  ON  THE  REGISTRY FOR THE INITIAL PERIOD OF TEN
    3  YEARS AFTER CONVICTION AND CAN BE REMOVED FOLLOWING THE  INITIAL  PERIOD
    4  UPON ORDER OF THE COURT CONVICTION.
    5    S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
    6  VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
    7  WRITING  SIGNED  BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
    8  BY THE DIVISION AND THE DIVISION SHALL ENTER  THE  INFORMATION  INTO  AN
    9  APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   10    S  168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
   11  ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED  TO
   12  REGISTER  UNDER  THIS  ARTICLE,  THE DIVISION SHALL NOTIFY THE LOCAL LAW
   13  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
   14  THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF  THE
   15  NEW PLACE OF RESIDENCE.
   16    S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
   17  SIXTY-EIGHT-CC  OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
   18  PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
   19  INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
   20  ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
   21  REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER  WITH
   22  THE  RELEVANT  INFORMATION.  THE DIVISION SHALL DECIDE WHETHER THE NAMED
   23  PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON  INFORMATION
   24  FROM  THE  CALLER  PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
   25  STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR
   26  BIRTH  DATE,  ALONG  WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
   27  SECURITY NUMBER, HAIR COLOR,  EYE  COLOR,  HEIGHT,  WEIGHT,  DISTINCTIVE
   28  MARKINGS,  ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
   29  TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE.  IF  THREE
   30  OF THESE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
   31  COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
   32  TION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO
   33  THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
   34    2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
   35  WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
   36    (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   37    (B) THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
   38    (C)  NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
   39  TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
   40  WRITTEN RECORD;
   41    (D) NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE  OR
   42  OLDER;
   43    (E)  A  WARNING THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
   44  THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED  OR  TO
   45  ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   46    (F)  NOTICE  THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
   47  ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR  OTHER  IDENTIFYING
   48  INFORMATION  REGARDING  THE  PERSON  ABOUT WHOM INFORMATION IS SOUGHT IN
   49  ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   50    (G) A STATEMENT THAT THE NUMBER IS NOT A CRIME HOTLINE  AND  THAT  ANY
   51  SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
   52    S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
   53  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   54  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   55  AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
   56  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
       A. 928--A                           8
    1  BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
    2  RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
    3  THE GENERAL PUBLIC.
    4    2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
    5  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
    6  OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
    7  RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS ARTICLE UNLESS IT IS SHOWN
    8  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
    9  BAD FAITH.
   10    S 168-MM. PENALTY. ANY OFFENDER REQUIRED  TO  REGISTER  OR  TO  VERIFY
   11  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE WHO FAILS TO REGISTER OR
   12  VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED  FOR  IN  THIS
   13  ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE
   14  FIRST  OFFENSE,  AND  UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE
   15  SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH  FAILURE  TO  REGISTER  OR
   16  VERIFY  MAY  ALSO  BE  THE  BASIS  FOR  REVOCATION OF PAROLE PURSUANT TO
   17  SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE  BASIS  FOR
   18  REVOCATION  OF  PROBATION  PURSUANT  TO  ARTICLE FOUR HUNDRED TEN OF THE
   19  CRIMINAL PROCEDURE LAW.
   20    S  168-NN.  UNAUTHORIZED  RELEASE  OF  INFORMATION.  THE  UNAUTHORIZED
   21  RELEASE  OF  ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B
   22  MISDEMEANOR.
   23    S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
   24  OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
   25  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
   26  ANY OTHER SECTION OR PART THEREOF.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.