S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6129
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, the correction law and the penal 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:
    1    Section 1. This act shall be known and may be cited as the  "New  York
    2  State terrorist registry act".
    3    S  2. The executive law is amended by adding a new section 719 to read
    4  as follows:
    5    S 719. TERRORIST REGISTRY INFORMATION SHARING. 1.   UPON REQUEST,  THE
    6  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
    7  TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
    8  ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
    9  TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH  INFORMATION  SHALL
   10  BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
   11  GENCY SERVICES MAY SO REQUEST.
   12    2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
   13  FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
   14  VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
   15  TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION  OF  HOMELAND
   16  SECURITY.
   17    3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
   18  PROVIDE THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  WITH  ANY  AND  ALL
   19  INFORMATION  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
   20  ORDER TO MAINTAIN AN ACCURATE AND COMPLETE  REGISTRATION  OF  TERRORISTS
   21  PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
   22  SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
   23  CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09044-02-5
       A. 6129                             2
    1    S  3. The executive law is amended by adding a new section 232 to read
    2  as follows:
    3    S  232.   TERRORIST REGISTRY INFORMATION SHARING. 1. UPON REQUEST, THE
    4  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
    5  TION IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT  TO
    6  ARTICLE  SIX-D  OF  THE CORRECTION LAW, TO THE DIVISION OF STATE POLICE,
    7  AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
    8  THE DIVISION OF STATE POLICE MAY SO REQUEST.
    9    2. UPON REQUEST, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
   10  FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
   11  VISION  ONE  OF  THIS  SECTION,  SO AS TO DELIVER ANY NEW, DIFFERENT, OR
   12  ADDITIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF  STATE
   13  POLICE.
   14    3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
   15  JUSTICE  SERVICES  WITH ANY AND ALL INFORMATION THE DIVISION OF CRIMINAL
   16  JUSTICE SERVICES SHALL REQUIRE, IN ORDER TO  MAINTAIN  AN  ACCURATE  AND
   17  COMPLETE  REGISTRATION  OF  TERRORISTS  PURSUANT TO ARTICLE SIX-D OF THE
   18  CORRECTION LAW, AND THE PROVISION OF SUCH INFORMATION SHALL  BE  IN  THE
   19  FORM  AND  MANNER  AS THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SO
   20  REQUEST.
   21    S 4. The correction law is amended by adding a new article 6-D to read
   22  as follows:
   23                                 ARTICLE 6-D
   24                             TERRORIST REGISTRY
   25  SECTION 169-A. LEGISLATIVE FINDINGS.
   26          169-B. DEFINITIONS.
   27          169-C. DUTIES OF THE DIVISION.
   28          169-D. REGISTRATION INFORMATION.
   29          169-E. REGISTRANT NOTIFICATION.
   30          169-F. STANDARDIZED REGISTRATION FORM.
   31          169-G. STANDARDIZED VERIFICATION FORM.
   32          169-H. INVESTIGATION OF POTENTIAL REGISTRANTS.
   33          169-I. INITIAL ASSEMBLY OF THE REGISTRY.
   34          169-J. DUTIES OF THE COURT.
   35          169-K. DISCHARGE OF  A  TERRORIST  FROM  CORRECTIONAL  FACILITY;
   36                   DUTIES OF OFFICIAL IN CHARGE.
   37          169-L. REGISTRATION AND VERIFICATION OF TERRORISTS.
   38          169-M. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
   39          169-N. DURATION OF REGISTRATION AND VERIFICATION.
   40          169-O. NOTIFICATION OF CHANGE OF ADDRESS.
   41          169-P. REGISTRY INFORMATION SHARING.
   42          169-Q. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
   43          169-R. REGISTRY AND VERIFICATION FEES.
   44          169-S. SPECIAL TELEPHONE NUMBER.
   45          169-T. INTERNET DIRECTORY.
   46          169-U. IMMUNITY FROM LIABILITY.
   47          169-V. ANNUAL REPORT.
   48          169-W. PENALTY.
   49          169-X. UNAUTHORIZED RELEASE OF INFORMATION.
   50          169-Y. SEPARABILITY.
   51    S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
   52  THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
   53  THE STATE OF NEW YORK.
   54    THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
   55  FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC
       A. 6129                             3
    1  PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
    2  PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
    3  A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
    4  ATTACKS.
    5    THE  LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE A
    6  PROGRAM TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE  ESSEN-
    7  TIAL  CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR AS
    8  AN IRREPLACEABLE, FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE  MUST  TAKE
    9  RESPONSIBLE  ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE DEMONSTRATED
   10  THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
   11    THE LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF  THE
   12  NEW  YORK  STATE  TERRORIST  REGISTRY ESTABLISHED BY THIS ARTICLE, IS TO
   13  MONITOR THOSE INDIVIDUALS, WHO  HAVE  DEMONSTRATED  THROUGH  THEIR  PAST
   14  ACTIONS,  THAT  THEY  WOULD  COMMIT AN ACT OF TERRORISM, SO THAT THROUGH
   15  SUCH MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED  FROM
   16  COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
   17  THE STATE OF NEW YORK.
   18    S  169-B.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
   19  NITIONS SHALL APPLY:
   20    1. "TERRORIST" MEANS ANY PERSON WHO  IS  CONVICTED  OF  ANY  TERRORIST
   21  OFFENSE  SET  FORTH  IN  SUBDIVISION TWO OF THIS SECTION, AND/OR WHO HAS
   22  ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
   23  OF THIS SECTION.
   24    2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
   25    (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   26    (B) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
   27  FOREIGN  COUNTRY,  WHICH  INCLUDES  ALL OF THE ESSENTIAL ELEMENTS OF ANY
   28  OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   29    (C) SET FORTH IN SECTIONS 32, 37, 81, 175, 175B, 229,  351,  831,  844
   30  (F),  844  (I),  930 (C), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
   31  1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332A,  2332B,  2332C,  2332D,
   32  2332E,  2332F,  2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR 2339D OF
   33  TITLE 18 OF THE UNITED STATES CODE;
   34    (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
   35    (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
   36  OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
   37    (F) IN ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES  OR  A
   38  FOREIGN  COUNTRY,  OF  ANY  OFFENSE  WHICH INCLUDES ALL OF THE ESSENTIAL
   39  ELEMENTS OF ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR  (E)  OF
   40  THIS SUBDIVISION.
   41    3.  "VERIFIABLE  ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY A PERSON
   42  OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
   43    (A) DEPORTED, OR TRANSPORTED, TO  A  COUNTRY  OTHER  THAN  THE  UNITED
   44  STATES,  BY  THE  UNITED  STATES GOVERNMENT, OR ANY DEPARTMENT OR AGENCY
   45  THEREOF, UPON SUSPICION OR PROOF OF INVOLVEMENT IN TERRORIST ACTIVITIES,
   46  OR THE HARBORING, SUPPORT AND/OR PROMOTION OF  TERRORISTS  OR  TERRORIST
   47  ACTIVITIES;
   48    (B) DETAINED AT ANY TIME BY THE ARMED FORCES OF THE UNITED STATES, ANY
   49  OTHER  GOVERNMENT  AGENCY OF THE UNITED STATES, OR ANY CONTRACTOR OF THE
   50  GOVERNMENT OF  THE  UNITED  STATES  THAT  IS  AUTHORIZED  TO  MAKE  SUCH
   51  DETENTIONS,  ON  THE GROUNDS THAT SUCH PERSON WAS AT ANY TIME, A FOREIGN
   52  ENEMY COMBATANT OR AN ILLEGAL ENEMY COMBATANT;
   53    (C) CONVICTED BY A COMBAT STATUS REVIEW TRIBUNAL OR  MILITARY  COMMIS-
   54  SION  OF  ANY  ACT OF TERRORISM, TERRORIST ACTIVITIES, OR THE HARBORING,
   55  SUPPORT AND/OR PROMOTION OF TERRORISTS OR TERRORIST ACTIVITIES;
       A. 6129                             4
    1    (D) LISTED BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST  SCREEN-
    2  ING CENTER ON THE TERRORIST SCREENING DATABASE; AND/OR
    3    (E)  IDENTIFIED  BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
    4  THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES  DEPARTMENT  OF
    5  JUSTICE,  THE  UNITED  STATES  DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
    6  SERVICES, THE UNITED STATES  CENTRAL  INTELLIGENCE  AGENCY,  AND/OR  THE
    7  OFFICE  OF  THE  DIRECTOR  OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
    8  COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS  CITI-
    9  ZENS,  AND/OR  WHO  IS  A  MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
   10  PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
   11    4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE  BASIS  OF  A
   12  CONVICTION  FOR  ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
   13  THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A  VERIFIABLE  ACT
   14  OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
   15    5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
   16    (A)  THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
   17  WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS  OR
   18  HER  DISCHARGE,  PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
   19  OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL  CONDITIONAL  RELEASE;
   20  OR
   21    (B)  IF  THE  TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
   22  RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
   23  OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER  IN
   24  THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
   25    (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
   26  OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
   27    (D)  IF  THERE  IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
   28  CITY OR COUNTY, THE DIVISION OF STATE POLICE.
   29    6. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
   30  DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   31    7.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
   32  SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
   33  SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
   34  THIS CHAPTER.
   35    8. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILITY
   36  AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
   37  CHAPTER.
   38    9. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
   39  CLE  SIXTY-FIVE  OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
   40  SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
   41    10. "INTERNET ACCESS PROVIDER" MEANS  ANY  BUSINESS,  ORGANIZATION  OR
   42  OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
   43  NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY  OBTAIN  ACCESS  TO  THE
   44  INTERNET.
   45    11.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
   46  OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
   47  CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
   48  INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
   49    12. "INTERNET IDENTIFIERS" MEANS ANY  ELECTRONIC  MAIL  ADDRESSES  AND
   50  DESIGNATIONS  USED  FOR  THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
   51  NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
   52    13. "CELLULAR SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
   53  OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
   54  DEVICE SERVICE THROUGH WHICH A  CUSTOMER  MAY  MAKE  CELLULAR  TELEPHONE
   55  CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
       A. 6129                             5
    1  ORGANIZATION  OR  OTHER  ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
    2  LINE OR CABLE TELECOMMUNICATIONS SERVICES.
    3    14.  "CELLULAR  CALL  TRACKERS" MEANS ANY TRACKERS, ELECTRONIC RECORDS
    4  AND/OR ELECTRONIC DEVICES, EQUIPMENT, HARDWARE AND/OR SOFTWARE USED  FOR
    5  THE PURPOSES OF TRACKING, MONITORING, INTERCEPTING, CAPTURING, RECORDING
    6  OR  LISTENING TO CELLULAR PHONE CALLS, AND/OR EMAILS SENT OR RECEIVED ON
    7  A CELLULAR DEVICE, AND/OR TEXT MESSAGES SENT OR RECEIVED ON  A  CELLULAR
    8  DEVICE.
    9    15. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
   10  AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
   11  THIS ARTICLE.
   12    16. "REGISTRANT" MEANS A TERRORIST THAT UPON INVESTIGATION PURSUANT TO
   13  SECTION ONE HUNDRED SIXTY-NINE-H  OF  THIS  ARTICLE,  THE  DIVISION  HAS
   14  DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
   15  YORK STATE TERRORIST REGISTRY.
   16    S 169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE  DIVISION
   17  SHALL  ESTABLISH  AND  MAINTAIN  AN  INFORMATION  FILE ON ALL TERRORISTS
   18  REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS  ARTICLE,  WHICH
   19  SHALL  INCLUDE  ALL  THE  INFORMATION  SET  FORTH IN SECTION ONE HUNDRED
   20  SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE  NEW  YORK
   21  STATE TERRORIST REGISTRY.
   22    2.  REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
   23  REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
   24  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  BUT  IN  NO  EVENT
   25  SHALL  THE  FAILURE  OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
   26  SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST  FROM  ANY
   27  OBLIGATION REQUIRED BY THIS ARTICLE.
   28    3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
   29  ONE  HUNDRED  SIXTY-NINE-I OF THIS ARTICLE, SHALL CONDUCT INVESTIGATIONS
   30  TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO  THE  REGISTRY,
   31  AND  UPON  SUCH  INVESTIGATIONS  AND  DETERMINATIONS, IN ACCORDANCE WITH
   32  SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL ADD SUCH TERROR-
   33  ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
   34    4. INVESTIGATIONS OF POTENTIAL REGISTRANTS. THE DIVISION,  IN  ACCORD-
   35  ANCE  WITH  SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL MAKE
   36  REGULAR INVESTIGATIONS TO DETERMINE WHAT TERRORISTS SHALL  BE  ADDED  TO
   37  THE REGISTRY.
   38    5. STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL DEVELOP A STAND-
   39  ARDIZED  REGISTRATION FORM, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-F
   40  OF THIS ARTICLE.
   41    6. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP A STAND-
   42  ARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-G
   43  OF THIS ARTICLE.
   44    7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
   45  TO  SECTION  ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE, SHALL PROVIDE FOR
   46  THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO  THE  NEW  YORK
   47  STATE TERRORIST REGISTRY.
   48    8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
   49  SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
   50  NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
   51  TERRORIST REGISTERS A CHANGE OF ADDRESS.
   52    9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
   53  HUNDRED SIXTY-NINE-P OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
   54  YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
   55  IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
       A. 6129                             6
    1    10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
    2  SIXTY-NINE-P OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
    3  LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
    4  SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
    5  MINE  WHETHER  THE DISCLOSURE OF ANY PARTICULAR INFORMATION CONTAINED ON
    6  THE REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF  THE
    7  STATE  OF  NEW  YORK,  AND  UPON SUCH DETERMINATION THAT SUCH PARTICULAR
    8  INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION  SHALL  REMOVE  SUCH
    9  SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
   10    11.  DNA  CUSTODY  AND ANALYSIS. THE DIVISION, PURSUANT TO SECTION ONE
   11  HUNDRED SIXTY-NINE-Q OF THIS ARTICLE,  SHALL  PROVIDE  FOR  THE  SECURE,
   12  CUSTODIAL  TRANSFER  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST, FOR
   13  THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH  DNA  SAMPLE,  AND  SHALL
   14  FURTHER  PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA
   15  SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM, TO THE STATE  DNA  IDEN-
   16  TIFICATION   INDEX,   MAINTAINED   PURSUANT   TO  SECTION  NINE  HUNDRED
   17  NINETY-FIVE-C OF THE EXECUTIVE LAW.
   18    12. FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT  TO
   19  SECTION  ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE, SHALL PROVIDE FOR THE
   20  SECURE, CUSTODIAL  TRANSFER  OF  THE  FINGERPRINTS  COLLECTED  FROM  THE
   21  TERRORIST, TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE,
   22  OR  ANOTHER  APPROVED  FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY
   23  THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGER-
   24  PRINTS.
   25    13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
   26  ONE  HUNDRED SIXTY-NINE-R OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
   27  REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
   28  TERRORIST,  AT  THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
   29  STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
   30  FUND.
   31    14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
   32  A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-S
   33  OF THIS ARTICLE.
   34    15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
   35  DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-T OF THIS ARTICLE.
   36    S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
   37  SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
   38  ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
   39  REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-L
   40  THIS  ARTICLE,  WHICH  SHALL  BE  KNOWN  AS THE NEW YORK STATE TERRORIST
   41  REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
   42  REGISTRANT:
   43    1. PERSONAL INFORMATION, INCLUDING:
   44    (A) THE TERRORIST'S NAME;
   45    (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
   46    (C) THE DATE OF BIRTH OF THE TERRORIST;
   47    (D) THE SEX OF THE TERRORIST;
   48    (E) THE RACE OF THE TERRORIST;
   49    (F) THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD  OF
   50  THE TERRORIST;
   51    (G)  THE  NATION  OF ORIGIN AND COUNTRY OR COUNTRIES OF CITIZENSHIP OF
   52  THE TERRORIST;
   53    (H) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
   54  NUMBER OF THE TERRORIST;
   55    (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
       A. 6129                             7
    1    (J)  THE  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE AND/OR ACTUAL
    2  PLACE OF DOMICILE OF THE TERRORIST;
    3    (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
    4  THE TERRORIST;
    5    (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
    6  ERS BELONGING TO SUCH TERRORIST;
    7    (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
    8  USED; AND
    9    (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
   10  CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
   11  CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
   12  OF WHICH THE TERRORIST HAS AUTHORIZED USE;
   13    2. FORENSIC INFORMATION, INCLUDING:
   14    (A) A PHOTOGRAPH OF THE TERRORIST, TAKEN BY THE LAW ENFORCEMENT AGENCY
   15  HAVING JURISDICTION, WHICH SHALL BE UPDATED ANNUALLY;
   16    (B) A COMPLETE SET OF FINGERPRINTS OF THE TERRORIST, TAKEN BY THE  LAW
   17  ENFORCEMENT AGENCY HAVING JURISDICTION;
   18    (C) A DNA SAMPLE, TAKEN BY THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
   19  TION, WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED DNA
   20  INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE OF PROVIDING A REPORT
   21  AND  ANALYSIS  OF  AUTOSOMAL  DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA) AND
   22  Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING OR DNA TEST-
   23  ING AS MAY BE REQUIRED BY THE DIVISION; AND
   24    (D) A DNA ANALYSIS  OF  THE  DNA  SAMPLE  TAKEN  FROM  THE  TERRORIST,
   25  PERFORMED  BY  A LABORATORY APPROVED BY THE DIVISION, WITH SUCH ANALYSIS
   26  BEING COMPLIANT WITH THE COMBINED DNA INDEX  SYSTEM  (CODIS),  AND  WITH
   27  SUCH  ANALYSIS  CAPABLE  OF PROVIDING A REPORT AND ANALYSIS OF AUTOSOMAL
   28  DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)  AND  Y-CHROMOSOME  DNA  (Y-DNA),
   29  TOGETHER  WITH  ANY OTHER SCREENING OR DNA TESTING AS MAY BE REQUIRED BY
   30  THE DIVISION;
   31    3. TERRORIST INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH  AND  EVERY
   32  TERRORIST INCIDENT INVOLVING THE TERRORIST:
   33    (A)  A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING EVENTS
   34  FOR WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED,  TRANSPORTED,
   35  LISTED OR IDENTIFIED;
   36    (B)  THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH THE
   37  TERRORIST WAS CONVICTED,  DETAINED,  DEPORTED,  TRANSPORTED,  LISTED  OR
   38  IDENTIFIED;
   39    (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
   40  DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
   41  DETAINED,  DEPORTED,  TRANSPORTED,  LISTED OR IDENTIFIED, INCLUDING EACH
   42  AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION IMPOSED AS A RESULT
   43  OF THE INCIDENT; AND
   44    (D) THE DATE OF EACH AND EVERY  CONVICTION,  DETAINMENT,  DEPORTATION,
   45  TRANSPORTATION,  LISTING AND/OR IDENTIFICATION THAT OCCURRED AS A RESULT
   46  OF THE INCIDENT, AND EACH AND EVERY SENTENCE,  FINE,  PUNISHMENT  AND/OR
   47  SANCTION IMPOSED AS A RESULT OF THE INCIDENT;
   48    4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
   49    (A)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
   50  EMPLOYER, OR IN THE CASE OF A TERRORIST WHO IS A STUDENT, THE  NAME  AND
   51  ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION;
   52    (B)  A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
   53  LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
   54  OF EMPLOYMENT, AND IN THE CASE OF  A  TERRORIST  WHO  IS  A  STUDENT,  A
   55  COMPLETE   DESCRIPTION  OF  THE  TERRORIST'S  CLASSES  TAKEN,  CLASSROOM
   56  LOCATIONS, AND EDUCATIONAL CREDITS; AND
       A. 6129                             8
    1    (C) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS, AND IN THE CASE OF
    2  A TERRORIST WHO IS A STUDENT, A COMPLETE LIST OF THE TERRORIST'S PROFES-
    3  SORS; AND
    4    5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
    5  ING:
    6    (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
    7    (B)  ANY  OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
    8  THE DIVISION.
    9    S 169-E. REGISTRANT NOTIFICATION. 1. THE DIVISION SHALL  NOTIFY  EVERY
   10  TERRORIST  REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE
   11  PROVISIONS OF THIS SECTION, BUT IN NO  EVENT  SHALL  THE  FAILURE  OF  A
   12  TERRORIST  TO RECEIVE SUCH NOTICE, OR OF THE DIVISION TO FAIL TO PROVIDE
   13  SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY OBLIGATION REQUIRED BY THIS
   14  ARTICLE.
   15    2. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
   16  ARTICLE, THE DIVISION, WITHIN TEN CALENDAR DAYS  OF  MAKING  A  DETERMI-
   17  NATION  THAT  A  TERRORIST SHALL BE ADDED TO THE REGISTRY, SHALL MAIL TO
   18  SUCH TERRORIST, A NON-FORWARDABLE  STANDARDIZED  REGISTRATION  FORM,  AS
   19  DESCRIBED BY SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE.
   20    3.  THE  PURPOSE OF THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM
   21  MAILED TO SUCH TERRORIST, IN ACCORDANCE WITH  SUBDIVISION  TWO  OF  THIS
   22  SECTION, SHALL BE TO INFORM THE TERRORIST, WHO THE DIVISION ADDED TO THE
   23  NEW  YORK  STATE  TERRORIST  REGISTRY, OF SUCH TERRORIST'S OBLIGATION TO
   24  REGISTER AS REQUIRED BY THIS  ARTICLE,  AND  TO  COLLECT  THE  NECESSARY
   25  INFORMATION  REQUIRED  BY SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTI-
   26  CLE.
   27    4. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED  TO  SUCH
   28  TERRORIST,  IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, SHALL BE
   29  MAILED BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST  KNOWN  ADDRESS
   30  OF  SUCH  TERRORIST, BUT IN NO EVENT SHALL THE FAILURE OF A TERRORIST TO
   31  RECEIVE SUCH NOTICE, NOR THE FAILURE OF THE  DIVISION  TO  PROVIDE  SUCH
   32  NOTICE,  RELIEVE  ANY  TERRORIST  FROM  THEIR  OBLIGATION TO REGISTER AS
   33  REQUIRED BY THIS ARTICLE.
   34    5. THE NON-FORWARDABLE STANDARDIZED REGISTRATION FORM MAILED  TO  SUCH
   35  TERRORIST  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION, SHALL ALSO
   36  CONTAIN NOTICE TO THE TERRORIST, THAT SUCH TERRORIST MUST APPEAR, WITHIN
   37  FIFTEEN DAYS OF RECEIVING SUCH NOTICE, TO  THE  LAW  ENFORCEMENT  AGENCY
   38  HAVING  JURISDICTION,  WITH THE ADDRESS AND TELEPHONE NUMBER OF SUCH LAW
   39  ENFORCEMENT AGENCY BEING INCLUDED IN SUCH NOTICE, IN ORDER TO HAVE  SUCH
   40  TERRORIST  SUBMIT  TO  THE TAKING OF HIS OR HER PHOTOGRAPH, FINGERPRINTS
   41  AND A DNA SAMPLE, IN ACCORDANCE WITH  SUBDIVISION  TWO  OF  SECTION  ONE
   42  HUNDRED SIXTY-NINE-D OF THIS ARTICLE, AND SUCH NOTICE SHALL ADDITIONALLY
   43  PROVIDE  INFORMATION  CONCERNING THE TERRORIST'S RESPONSIBILITY TO PAY A
   44  ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVISION, PURSUANT TO SECTION
   45  ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
   46    6. IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRATION FORM IS NOT
   47  RETURNED TO THE DIVISION BY A TERRORIST WITHIN THIRTY DAYS OF THE  MAIL-
   48  ING  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE DIVISION
   49  SHALL IMMEDIATELY NOTIFY THE DIVISION OF STATE POLICE, THE  STATE  DIVI-
   50  SION  OF HOMELAND SECURITY AND EMERGENCY SERVICES, AND THE UNITED STATES
   51  DEPARTMENT OF HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE  POLICE
   52  SHALL IMMEDIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A
   53  FAILURE  TO REGISTER IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W
   54  OF THIS ARTICLE, AND PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
   55    7. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
   56  ARTICLE, THE DIVISION SHALL ALSO PROVIDE REGISTRANTS WITH GENERAL INFOR-
       A. 6129                             9
    1  MATION, IN REGISTRATION MATERIALS AND ANNUAL CORRESPONDENCE,  CONCERNING
    2  NOTIFICATION  AND REGISTRATION PROCEDURES THAT MAY APPLY IF SUCH TERROR-
    3  IST IS EVER AUTHORIZED TO RELOCATE, AND THEN RELOCATES TO ANOTHER  STATE
    4  OR  UNITED STATES POSSESSION, AND SUCH GENERAL INFORMATION SHALL INCLUDE
    5  ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM  WHICH  ADDI-
    6  TIONAL INFORMATION FOR TERRORIST REGISTRATION MAY BE OBTAINED.
    7    8. IN ADDITION TO ANY OTHER NOTIFICATION REQUIREMENT CONTAINED IN THIS
    8  ARTICLE,  THE  DIVISION SHALL ALSO MAIL, TO ALL REGISTRANTS, EVERY THREE
    9  MONTHS AFTER THEIR REGISTRATION, A NON-FORWARDABLE STANDARDIZED  VERIFI-
   10  CATION  FORM,  AS  DESCRIBED IN SECTION ONE HUNDRED SIXTY-NINE-G OF THIS
   11  ARTICLE.
   12    9. THE PURPOSE OF THE NON-FORWARDABLE STANDARDIZED  VERIFICATION  FORM
   13  MAILED  TO  SUCH  TERRORIST IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS
   14  SECTION, SHALL BE TO INFORM SUCH REGISTRANT, WHO THE DIVISION  ADDED  TO
   15  THE  NEW  YORK STATE TERRORIST REGISTRY, OF SUCH REGISTRANT'S OBLIGATION
   16  TO PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS  ARTICLE,  AND  TO
   17  COLLECT THE NECESSARY VERIFICATION INFORMATION AS REQUIRED BY THIS ARTI-
   18  CLE.
   19    10.  THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
   20  TERRORIST, IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS  SECTION,  SHALL
   21  BE  MAILED  BY  THE  DIVISION,  BY  FIRST  CLASS MAIL, TO THE LAST KNOWN
   22  ADDRESS OF SUCH REGISTRANT, BUT IN NO  EVENT  SHALL  THE  FAILURE  OF  A
   23  REGISTRANT  TO  RECEIVE  SUCH NOTICE, NOR THE FAILURE OF THE DIVISION TO
   24  PROVIDE SUCH NOTICE, RELIEVE ANY REGISTRANT  FROM  THEIR  OBLIGATION  TO
   25  PROVIDE QUARTERLY VERIFICATION AS REQUIRED BY THIS ARTICLE.
   26    11.  THE NON-FORWARDABLE STANDARDIZED VERIFICATION FORM MAILED TO SUCH
   27  TERRORIST PURSUANT TO SUBDIVISION EIGHT  OF  THIS  SECTION,  SHALL  ALSO
   28  CONTAIN  NOTICE TO THE TERRORIST AT LEAST ONCE A YEAR, THAT SUCH TERROR-
   29  IST MUST APPEAR, WITHIN FIFTEEN DAYS OF RECEIVING SUCH  NOTICE,  TO  THE
   30  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION, WITH THE ADDRESS AND TELE-
   31  PHONE NUMBER OF SUCH LAW  ENFORCEMENT  AGENCY  BEING  INCLUDED  IN  SUCH
   32  NOTICE, IN ORDER TO HAVE SUCH TERRORIST SUBMIT TO THE TAKING OF AN ANNU-
   33  AL  UPDATE  OF HIS OR HER PHOTOGRAPH, IN ACCORDANCE WITH SUBDIVISION TWO
   34  OF SECTION ONE HUNDRED SIXTY-NINE-D OF THIS  ARTICLE,  AND  SUCH  NOTICE
   35  SHALL   ADDITIONALLY  PROVIDE  INFORMATION  CONCERNING  THE  TERRORIST'S
   36  RESPONSIBILITY TO PAY A TEN DOLLAR FEE  TO  THE  DIVISION,  PURSUANT  TO
   37  SECTION ONE HUNDRED AND SIXTY-NINE-R OF THIS ARTICLE.
   38    12.  IN  THE  EVENT THAT A COMPLETED STANDARDIZED VERIFICATION FORM IS
   39  NOT RETURNED TO THE DIVISION BY THE REGISTRANT WITHIN THIRTY DAYS OF ITS
   40  MAILING TO SUCH TERRORIST, THE DIVISION  SHALL  IMMEDIATELY  NOTIFY  THE
   41  DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND SECURITY AND
   42  EMERGENCY SERVICES, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURI-
   43  TY, WHEREUPON THE DIVISION OF STATE POLICE SHALL IMMEDIATELY CAUSE  SUCH
   44  TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE TO VERIFY IN ACCORD-
   45  ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-W OF THIS ARTICLE, AND PURSUANT
   46  TO SECTION 490.23 OF THE PENAL LAW.
   47    13.  THE  DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
   48  THE PROVISIONS OF THIS SECTION.
   49    S 169-F. STANDARDIZED REGISTRATION FORM. 1. THE DIVISION SHALL DEVELOP
   50  A STANDARDIZED REGISTRATION FORM, PURSUANT TO THIS SECTION,  TO  COLLECT
   51  THE  INFORMATION  REQUIRED  BY  SECTION ONE HUNDRED SIXTY-NINE-D OF THIS
   52  ARTICLE, SO THAT THE DIVISION MAY ADD SUCH REQUIRED INFORMATION  ON  THE
   53  REGISTRANT TO THE NEW YORK STATE TERRORIST REGISTRY.
   54    2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED REGISTRATION FORM IN A
   55  MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.
       A. 6129                            10
    1    3.  THE  DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED REGISTRATION
    2  FORM WITH THE PURPOSE OF:
    3    (A)  PROVIDING  FOR  THE  COLLECTION  OF  THE  INFORMATION REQUIRED BY
    4  SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE; AND
    5    (B) ADVISING THE TERRORIST OF HIS OR HER REGISTRATION DUTIES AND OBLI-
    6  GATIONS UNDER THIS ARTICLE.
    7    4. THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED  REGISTRA-
    8  TION  FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS,
    9  THE UNIFIED COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND  LOCAL  LAW
   10  ENFORCEMENT,  AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
   11  DIVISION DEEMS APPROPRIATE.
   12    5. THE  DIVISION  SHALL  PLACE  THE  STANDARDIZED  REGISTRATION  FORM,
   13  PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
   14  OF  THE  DIVISION,  AND  SUCH  ELECTRONIC STANDARDIZED REGISTRATION FORM
   15  SHALL BE IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO  SUBMIT  A
   16  COMPLETED  COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER SUCH
   17  TERRORIST HAS IN FACT RECEIVED THE NOTICE AS  REQUIRED  BY  SECTION  ONE
   18  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   19    6.  THE  DIVISION  SHALL  ADVERTISE ON ITS WEBSITE THAT ALL TERRORISTS
   20  ADDED TO THE NEW YORK STATE TERRORIST  REGISTRY  SHALL  BE  REQUIRED  TO
   21  REGISTER  UNDER  PENALTY  OF LAW AND THAT THE STANDARD REGISTRATION FORM
   22  NECESSARY TO COMPLETE SUCH REGISTRATION IS AVAILABLE FOR DOWNLOAD ON THE
   23  DIVISION'S WEBSITE.
   24    7. THE DIVISION SHALL PROMULGATE RULES AND  REGULATIONS  TO  IMPLEMENT
   25  THE PROVISIONS OF THIS SECTION.
   26    S 169-G. STANDARDIZED VERIFICATION FORM.  1. THE DIVISION SHALL DEVEL-
   27  OP  A  STANDARDIZED  VERIFICATION  FORM,  PURSUANT  TO  THIS SECTION, TO
   28  COLLECT THE INFORMATION REQUIRED BY SECTION ONE HUNDRED SIXTY-NINE-D  OF
   29  THIS ARTICLE, AND SO THAT THE DIVISION MAY ALSO VERIFY THAT THE INFORMA-
   30  TION SO COLLECTED ON REGISTRANT IS CORRECT.
   31    2. THE DIVISION SHALL PRODUCE SUCH STANDARDIZED VERIFICATION FORM IN A
   32  MANNER WHERE IT IS WRITTEN IN CLEAR AND CONCISE LANGUAGE.
   33    3.  THE  DIVISION SHALL FURTHER PRODUCE SUCH STANDARDIZED VERIFICATION
   34  FORM WITH THE PURPOSE OF:
   35    (A) PROVIDING FOR  THE  COLLECTION  OF  THE  INFORMATION  REQUIRED  BY
   36  SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
   37    (B)  PROVIDING  FOR  THE VERIFICATION OF THE INFORMATION SO COLLECTED;
   38  AND
   39    (C) ADVISING THE REGISTRANT  OF  HIS  OR  HER  QUARTERLY  VERIFICATION
   40  DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   41    4.  THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED VERIFICA-
   42  TION FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,
   43  THE  UNIFIED  COURT SYSTEM, THE DEPARTMENT, FEDERAL, STATE AND LOCAL LAW
   44  ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
   45  DIVISION DEEMS APPROPRIATE.
   46    5.  THE  DIVISION  SHALL  PLACE  THE  STANDARDIZED  VERIFICATION FORM,
   47  PRODUCED IN ACCORDANCE WITH THIS SECTION, ONLINE ON THE OFFICIAL WEBSITE
   48  OF THE DIVISION, AND  SUCH  ELECTRONIC  STANDARDIZED  VERIFICATION  FORM
   49  SHALL  BE  IN A DOWNLOADABLE FORMAT, TO ALLOW ANY REGISTRANT TO SUBMIT A
   50  COMPLETED COPY OF SUCH FORM TO THE DIVISION, REGARDLESS OF WHETHER  SUCH
   51  TERRORIST  HAS  IN  FACT  RECEIVED THE NOTICE AS REQUIRED BY SECTION ONE
   52  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   53    6. THE DIVISION SHALL ADVERTISE ON ITS  WEBSITE  THAT  ALL  TERRORISTS
   54  ADDED TO THE NEW YORK STATE TERRORIST REGISTRY SHALL BE REQUIRED TO MAKE
   55  QUARTERLY  VERIFICATION  UNDER  PENALTY  OF  LAW  AND  THAT THE STANDARD
       A. 6129                            11
    1  VERIFICATION FORM NECESSARY TO COMPLETE SUCH REGISTRATION  IS  AVAILABLE
    2  FOR DOWNLOAD ON THE DIVISION'S WEBSITE.
    3    7.  THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
    4  THE PROVISIONS OF THIS SECTION.
    5    S 169-H. INVESTIGATION OF POTENTIAL  REGISTRANTS.  1.    THE  DIVISION
    6  SHALL  MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER TERRORISTS SHALL
    7  BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION  AND  DETERMI-
    8  NATION  THAT  A  TERRORIST SHALL BE ADDED TO THE REGISTRY, IN ACCORDANCE
    9  WITH THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD SUCH TERROR-
   10  IST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT TO SECTION
   11  ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   12    2. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE DUTY OF  THE  DEPART-
   13  MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
   14  PRIOR  TO  THE RELEASE OF THE TERRORIST FROM A CORRECTIONAL FACILITY, TO
   15  NOTIFY THE DIVISION OF THE CONTEMPLATED RELEASE  OR  DISCHARGE  OF  SUCH
   16  TERRORIST,  INFORMING THE DIVISION IN WRITING, ON A FORM PROVIDED BY THE
   17  DIVISION, WHICH SHALL INDICATE  THE  ADDRESS  AT  WHICH  SUCH  TERRORIST
   18  PROPOSES  TO  RESIDE,  AND IF SUCH TERRORIST CHANGES HIS OR HER PLACE OF
   19  RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF  RESIDENCE
   20  SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS
   21  TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
   22    3.  IN THE CASE OF ANY TERRORIST ON PROBATION, IT SHALL BE THE DUTY OF
   23  THE  OFFENDER'S  PROBATION  OFFICER  TO  NOTIFY  THE   DIVISION   WITHIN
   24  FORTY-EIGHT  HOURS  OF  THE NEW PLACE OF RESIDENCE ON A FORM PROVIDED BY
   25  THE DIVISION.
   26    4. IN THE EVENT THAT ANY TERRORIST  ESCAPES  FROM  A  STATE  OR  LOCAL
   27  CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFICIAL OF THE FACIL-
   28  ITY  OR  HOSPITAL  WHERE THE TERRORIST WAS CONFINED SHALL NOTIFY, WITHIN
   29  TWENTY-FOUR HOURS, THE DIVISION AND THE LAW  ENFORCEMENT  AGENCY  HAVING
   30  HAD  JURISDICTION  AT  THE TIME OF THE TERRORIST'S CONVICTION, INFORMING
   31  THE DIVISION AND SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIASES  OF
   32  THE TERRORIST, THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF
   33  HIS  OR  HER  CONVICTION,  THE AMOUNT OF TIME REMAINING TO BE SERVED, IF
   34  ANY, ON THE FULL TERM FOR WHICH THE TERRORIST  WAS  SENTENCED,  AND  THE
   35  NATURE  OF  THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
   36  THE SAME TIME A COPY OF SUCH TERRORIST'S  FINGERPRINTS  AND  PHOTOGRAPH,
   37  TOGETHER WITH A SUMMARY OF HIS OR HER CRIMINAL RECORD.
   38    5. IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS UNDER THIS
   39  SECTION  TO  DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
   40  OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE,  AND  WHETHER,
   41  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS SHOULD BE
   42  ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
   43    6. (A) IN CONDUCTING ITS INVESTIGATIONS, PURSUANT TO THIS SECTION,  TO
   44  DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING, OR ATTENDING
   45  EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION SHALL COMMUNI-
   46  CATE WITH THE FOLLOWING STATE ENTITIES:
   47    (I) THE DEPARTMENT;
   48    (II) THE DIVISION OF PAROLE;
   49    (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
   50    (IV) THE DEPARTMENT OF HEALTH;
   51    (V) THE DEPARTMENT OF EDUCATION;
   52    (VI)  THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
   53  COURT SYSTEM;
   54    (VII) THE DIVISION OF STATE POLICE;
   55    (VIII) THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES;
   56  AND/OR
       A. 6129                            12
    1    (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
    2    (B)  IN  FURTHER  CONDUCTING  ITS  INVESTIGATIONS,  PURSUANT  TO  THIS
    3  SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,  WORKING,
    4  OR  ATTENDING  EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
    5  SHALL COMMUNICATE WITH THE FOLLOWING  FEDERAL,  INTERSTATE  OR  INTERNA-
    6  TIONAL ENTITIES:
    7    (I) THE FEDERAL BUREAU OF PRISONS;
    8    (II)  THE  UNITED STATES DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
    9  BRANCHES;
   10    (III) THE UNITED STATES DEPARTMENT OF STATE;
   11    (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
   12    (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
   13    (VI) THE CENTRAL INTELLIGENCE AGENCY;
   14    (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
   15    (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
   16    (IX) ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE  DIVI-
   17  SION DEEMS APPROPRIATE.
   18    7. UPON INVESTIGATION IN ACCORDANCE WITH THIS SECTION, IF THE DIVISION
   19  DETERMINES  THAT ANY TERRORIST, AS DEFINED BY SUBDIVISION ONE OF SECTION
   20  ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, IS  CURRENTLY,  HAS  BEEN,  OR
   21  WILL  BE  WITHIN  THE  NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING AN
   22  EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR  IS  SCHEDULED  FOR  A
   23  CONDITIONAL  RELEASE OR DISCHARGE IN NEW YORK STATE, OR IS SCHEDULED FOR
   24  A CONDITIONAL RELEASE OR DISCHARGE AND SUCH TERRORIST HAS EVIDENCED  ANY
   25  INTENTION  TO RESIDE IN NEW YORK STATE, THEN THE DIVISION SHALL ADD SUCH
   26  TERRORIST TO THE NEW YORK STATE TERRORIST  REGISTRY,  AND  PROVIDE  SUCH
   27  TERRORIST  WITH  NOTIFICATION  IN  ACCORDANCE  WITH  SECTION ONE HUNDRED
   28  SIXTY-NINE-E OF THIS ARTICLE.
   29    8. UPON INVESTIGATION IN ACCORDANCE WITH  THIS  SECTION,  AND  UPON  A
   30  FINDING  THAT THE PERSON INVESTIGATED MAY NOT HAVE COMMITTED A TERRORIST
   31  OFFENSE  AS  DEFINED  IN  SUBDIVISION  TWO  OF   SECTION   ONE   HUNDRED
   32  SIXTY-NINE-B  OF  THIS  ARTICLE,  OR  A  VERIFIABLE ACT OF TERRORISM, AS
   33  DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
   34  ARTICLE, BUT IN THE JOINT DETERMINATION OF THE DIVISION AND THE DIVISION
   35  OF HOMELAND SECURITY AND EMERGENCY SERVICES, THAT SUCH  PERSON  NONETHE-
   36  LESS  STILL PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOT-
   37  ING, SUPPORTING AND/OR FACILITATING A TERRORIST ACT AGAINST  THE  PEOPLE
   38  AND/OR  PROPERTY OF THE STATE OF NEW YORK, THEN THE DIVISION MAY MAKE AN
   39  APPLICATION TO A SUPREME COURT, IN ACCORDANCE WITH SECTION  ONE  HUNDRED
   40  SIXTY-NINE-J  OF  THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE
   41  TERRORIST REGISTRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE
   42  DIVISION SHALL ADD SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH  PERSON
   43  WITH NOTIFICATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF
   44  THIS ARTICLE.
   45    9.  WHERE  A  COURT  OF THE UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A
   46  CERTIFICATION TO ADD A PERSON TO THE NEW YORK STATE TERRORIST  REGISTRY,
   47  IN  ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE,
   48  THEN THE DIVISION SHALL ADD SUCH PERSON TO  THE  REGISTRY,  AND  PROVIDE
   49  SUCH  PERSON  WITH  NOTIFICATION  IN ACCORDANCE WITH SECTION ONE HUNDRED
   50  SIXTY-NINE-E OF THIS ARTICLE.
   51    10. WHERE THE SUPREME COURT IN THE COUNTY WHERE A REGISTRANT  RESIDES,
   52  OR  THE SUPREME COURT OF ALBANY COUNTY WHERE A PERSON DOES NOT RESIDE IN
   53  NEW YORK STATE, ISSUES AN ORDER TO REMOVE A PERSON  FROM  THE  NEW  YORK
   54  STATE  TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-
   55  NINE-J OF THIS ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON  FROM
   56  THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICATION OF THEIR REMOVAL
       A. 6129                            13
    1  FROM  THE  REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION, AND SUCH
    2  REMOVAL SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS
    3  DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGISTRY.
    4    S  169-I. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
    5  DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO  THE  PROVISIONS
    6  OF  THIS  SECTION,  SHALL  CONDUCT  INVESTIGATIONS,  IN  ACCORDANCE WITH
    7  SECTION ONE HUNDRED SIXTY-NINE-H OF  THIS  ARTICLE,  TO  DETERMINE  WHAT
    8  TERRORISTS  SHALL  BE  INITIALLY  ADDED  TO  THE REGISTRY, AND UPON SUCH
    9  INVESTIGATIONS AND DETERMINATIONS, SHALL  ADD  SUCH  TERRORISTS  TO  THE
   10  REGISTRY,  AND  SHALL  THEREAFTER  NOTIFY  SUCH  TERRORISTS  PURSUANT TO
   11  SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   12    S 169-J. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
   13  OFFENSES  SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, THE
   14  COURT SHALL CERTIFY THAT THE PERSON IS A TERRORIST,  AND  SHALL  INCLUDE
   15  THE  CERTIFICATION  IN  THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF
   16  CONVICTION, AND SHALL ADDITIONALLY  DIRECT  THE  DIVISION  TO  ADD  SUCH
   17  PERSON, SO CONVICTED, TO THE NEW YORK STATE TERRORIST REGISTRY.
   18    2.  IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-
   19  NINE-H OF THIS ARTICLE, THE DIVISION, AFTER INVESTIGATION, MAY  PETITION
   20  THE  SUPREME  COURT,  ON  NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE
   21  INVESTIGATION BY MAILING A COPY  OF  THE  PETITION  TO  THE  LAST  KNOWN
   22  ADDRESS  OF  SUCH  PERSON, FOR A CERTIFICATION, THAT SUCH PERSON THAT IS
   23  THE SUBJECT OF SUCH INVESTIGATION, IN THE  JOINT  DETERMINATION  OF  THE
   24  DIVISION  AND  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
   25  PRESENTS A SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORT-
   26  ING AND/OR FACILITATING A TERRORIST ACT AGAINST THE PEOPLE AND/OR  PROP-
   27  ERTY  OF  THE  STATE  OF  NEW  YORK,  AND THAT A CERTIFICATION SHOULD BE
   28  ISSUED, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY, AND
   29  IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL ADD SUCH
   30  PERSON TO THE REGISTRY, AND PROVIDE SUCH  PERSON  WITH  NOTIFICATION  IN
   31  ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, BUT
   32  THE DIVISION MAY APPEAL ANY DECISION WHERE THE COURT DENIES THE  CERTIF-
   33  ICATION AND DIRECTS THE DIVISION NOT TO ADD SUCH PERSON TO THE REGISTRY.
   34    3.  ANY  PERSON  ADDED BY THE DIVISION TO THE NEW YORK STATE TERRORIST
   35  REGISTRY MAY SEEK AN ORDER OF THE SUPREME COURT IN THE COUNTY WHERE SUCH
   36  REGISTRANT RESIDES, OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH
   37  REGISTRANT DOES NOT RESIDE IN THE STATE OF NEW YORK, TO HAVE THEIR  NAME
   38  AND INFORMATION REMOVED FROM THE REGISTRY, AS FOLLOWS:
   39    (A) THAT TO ISSUE AN ORDER TO REMOVE THE REGISTRANT AND THEIR INFORMA-
   40  TION  FROM  THE  NEW  YORK STATE TERRORIST REGISTRY, THE COURT MUST FIND
   41  CONSIDERABLE GROUNDS THAT:
   42    (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
   43  THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
   44  AND INFORMATION BEING ADDED TO THE REGISTRY;
   45    (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
   46  PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
   47    (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
   48  IN AN ARBITRARY AND CAPRICIOUS MANNER, AND/OR FAILED TO COMPLY WITH  THE
   49  PROVISIONS OF THIS ARTICLE; AND
   50    (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
   51  LY HARSH AND INAPPROPRIATE;
   52    (B) THAT WHERE THE SUPREME COURT ISSUES SUCH AN ORDER PURSUANT TO THIS
   53  SUBDIVISION  TO REMOVE A PERSON FROM THE NEW YORK STATE TERRORIST REGIS-
   54  TRY, THE DIVISION SHALL  REMOVE  SUCH  PERSON  FROM  THE  REGISTRY,  AND
   55  PROVIDE  SUCH  PERSON WITH NOTIFICATION OF THEIR REMOVAL FROM THE REGIS-
   56  TRY, BUT THE DIVISION MAY APPEAL SUCH DECISION; AND
       A. 6129                            14
    1    (C) WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A PERSON'S NAME  AND
    2  INFORMATION  FROM  THE  NEW  YORK STATE TERRORIST REGISTRY, SUCH REMOVAL
    3  SHALL NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED
    4  IN FAVOR OF THE PERSON SEEKING REMOVAL.
    5    4. IF THE PERSON CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT, THEN
    6  THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES UNDER THIS ARTI-
    7  CLE,  BUT IN THE EVENT OF HIS OR HER ABSENCE FROM COURT, THE COURT SHALL
    8  DIRECT THE DIVISION TO MAIL SUCH TERRORIST A WRITTEN COPY OF AN EXPLANA-
    9  TION OF SUCH DUTIES IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  ONE
   10  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   11    5.  FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR
   12  THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A TERRORIST  OF  THE  OBLI-
   13  GATIONS  IMPOSED  BY THIS ARTICLE, NOR PROHIBIT THE DIVISION FROM ADDING
   14  SUCH PERSON TO THE REGISTRY IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
   15  ARTICLE.
   16    6.  ANY  PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
   17  ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
   18  OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
   19  BE  INFORMED  OF  HIS  OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE
   20  COURT IN WHICH HE OR SHE WAS CONVICTED, AND  AT  THE  TIME  SENTENCE  IS
   21  IMPOSED,  SUCH  TERRORIST SHALL REGISTER WITH THE DIVISION ON THE STAND-
   22  ARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORDANCE  WITH
   23  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
   24    (A)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
   25  STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
   26  COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
   27    (B) THE COURT SHALL GIVE ONE COPY OF THE COMPLETED STANDARDIZED REGIS-
   28  TRATION  FORM  TO  THE  TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRANS-
   29  MISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH SHALL ADD  SUCH
   30  PERSON  TO THE REGISTRY AND FORWARD THE INFORMATION COLLECTED TO THE LAW
   31  ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ACCORDANCE WITH THIS  ARTI-
   32  CLE;
   33    (C)  WITHIN  FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARD-
   34  IZED REGISTRATION FORM TO THE COURT, THE PERSON CERTIFIED AS A TERRORIST
   35  SHALL PRESENT THEMSELVES TO THE LAW ENFORCEMENT AGENCIES  HAVING  JURIS-
   36  DICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH AND A DNA TEST; AND
   37    (D)  FROM  SUCH  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
   38  SHALL PLACE UPON THE RECORD, THE ADDRESS WHERE THE TERRORIST EXPECTS  TO
   39  RESIDE UPON HIS OR HER RELEASE.
   40    7.  ANY  PERSON  WHO  A COURT CERTIFIES AS A REGISTRANT, IN ACCORDANCE
   41  WITH THE PROVISIONS OF THIS SECTION, SHALL REGISTER WITH THE DIVISION ON
   42  THE STANDARDIZED FORM  PREPARED  BY  THE  DIVISION  IN  ACCORDANCE  WITH
   43  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, AS FOLLOWS:
   44    (A)  WITHIN TEN DAYS OF THE CERTIFICATION, THE DIVISION SHALL TRANSMIT
   45  BY MAIL TO THE TERRORIST, AT HIS OR HER LAST KNOWN ADDRESS,  THE  STAND-
   46  ARDIZED  REGISTRATION  FORM  PREPARED BY THE DIVISION IN ACCORDANCE WITH
   47  SECTION ONE HUNDRED SIXTY-NINE-F OF  THIS  ARTICLE,  TOGETHER  WITH  THE
   48  REQUIRED  NOTICE  TO THE TERRORIST OF HIS OR HER DUTIES UNDER THIS ARTI-
   49  CLE, WITH DIRECTIONS THAT THE  TERRORIST  MUST  READ  AND  COMPLETE  THE
   50  STANDARDIZED REGISTRATION FORM, AND SIGN THE SAME;
   51    (B) WITHIN THIRTY DAYS OF THE CERTIFICATION, THE PERSON CERTIFIED AS A
   52  TERRORIST,  SHALL  RETURN THEIR SIGNED, COMPLETED STANDARDIZED REGISTRA-
   53  TION FORM BACK TO THE DIVISION, AND UPON RECEIPT OF THE SAME, THE  DIVI-
   54  SION  SHALL  MAIL  A COPY OF THE SAME BACK TO THE TERRORIST, AND FORWARD
   55  THE INFORMATION CONTAINED WITHIN SUCH COMPLETED  STANDARDIZED  REGISTRA-
       A. 6129                            15
    1  TION  FORM  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING JURISDICTION, IN
    2  ACCORDANCE WITH THIS ARTICLE; AND
    3    (C)  WITHIN  FIFTEEN DAYS OF THE RECEIPT OF THE STANDARDIZED REGISTRA-
    4  TION FORM, THE REGISTRANT SHALL PRESENT THEMSELVES TO THE  LAW  ENFORCE-
    5  MENT  AGENCIES  HAVING JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH,
    6  FINGERPRINTING AND A DNA TEST, AND INCLUDED WITH THE STANDARDIZED REGIS-
    7  TRATION FORM PREPARED BY THE DIVISION IN  ACCORDANCE  WITH  SECTION  ONE
    8  HUNDRED  SIXTY-NINE-F  OF  THIS  ARTICLE,  THE DIVISION, PURSUANT TO THE
    9  PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, SHALL BE
   10  A NOTICE TO THE REGISTRANT, OF WHEN AND WHERE TO PRESENT  THEMSELVES  TO
   11  THE  LAW ENFORCEMENT AGENCIES HAVING JURISDICTION, IN ORDER TO SUBMIT TO
   12  A PHOTOGRAPH, FINGERPRINTING AND A DNA TEST.
   13    S 169-K. DISCHARGE OF A TERRORIST FROM CORRECTIONAL  FACILITY;  DUTIES
   14  OF OFFICIAL IN CHARGE.
   15    1. UPON NOTICE TO THE DEPARTMENT BY THE DIVISION, ANY TERRORIST, TO BE
   16  DISCHARGED,  PAROLED,  RELEASED  TO POST-RELEASE SUPERVISION OR RELEASED
   17  FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL  OR  INSTITUTION
   18  WHERE  HE OR SHE WAS CONFINED OR COMMITTED, SHALL, NOT LESS THAN FIFTEEN
   19  CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF  HIS
   20  OR  HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE FACILITY IN WHICH HE
   21  OR SHE WAS CONFINED OR COMMITTED, BUT FAILURE OF  THE  DIVISION  OR  THE
   22  DEPARTMENT  TO  PROVIDE,  OR  FAILURE  OF THE TERRORIST TO RECEIVE, SUCH
   23  NOTICE SHALL NOT RELIEVE THE TERRORIST  OF  ANY  OBLIGATION  UNDER  THIS
   24  ARTICLE.
   25    2.  THE  FACILITY  SHALL  PRESENT  THE TERRORIST WITH, AND REQUIRE THE
   26  TERRORIST TO READ AND SIGN THE STANDARDIZED REGISTRATION FORM,  PRODUCED
   27  BY  THE  DIVISION  PURSUANT  TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS
   28  ARTICLE, WHICH FORM SHALL, PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-F
   29  OF  THIS  ARTICLE, PROVIDE A WRITTEN EXPLANATION OF THE TERRORIST'S DUTY
   30  TO REGISTER AS WELL AS AN ACKNOWLEDGMENT THAT THE PROCEDURE  FOR  REGIS-
   31  TRATION  HAS BEEN PROVIDED TO HIM OR HER, AND THE FACILITY SHALL FURTHER
   32  DIRECT SUCH TERRORIST TO  COMPLETE  THE  REGISTRATION  PORTION  OF  SUCH
   33  STANDARDIZED REGISTRATION FORM.
   34    3.  THE FACILITY SHALL OBTAIN FROM SUCH STANDARDIZED REGISTRATION FORM
   35  THE ADDRESS WHERE THE REGISTRANT EXPECTS  TO  RESIDE  UPON  HIS  OR  HER
   36  DISCHARGE, PAROLE OR RELEASE, AND SHALL MAINTAIN SUCH FOR ITS RECORDS.
   37    4.  THE  FACILITY  SHALL  GIVE  ONE COPY OF THE COMPLETED STANDARDIZED
   38  REGISTRATION FORM TO THE TERRORIST, AND SHALL DIRECT THE IMMEDIATE TRAN-
   39  SMISSION OF TWO COPIES OF THE SAME TO THE DIVISION, WHICH IF IT HAS  NOT
   40  ALREADY,  SHALL ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY
   41  AND FORWARD THE INFORMATION COLLECTED TO THE  LAW  ENFORCEMENT  AGENCIES
   42  HAVING JURISDICTION, IN ACCORDANCE WITH THIS ARTICLE.
   43    5. WITHIN FIFTEEN DAYS OF THE SUBMISSION OF THE COMPLETED STANDARDIZED
   44  REGISTRATION  FORM  TO  THE  FACILITY,  OR  WITHIN  FIFTEEN  DAYS OF THE
   45  DISCHARGE, PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR  RELEASE  FROM
   46  ANY  STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE
   47  THE TERRORIST WAS CONFINED OR COMMITTED, WHICHEVER IS LATER, THE TERROR-
   48  IST SHALL PRESENT THEMSELVES TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING
   49  JURISDICTION,  IN  ORDER  TO  SUBMIT TO A PHOTOGRAPH AND A DNA TEST, AND
   50  INCLUDED WITH THE STANDARDIZED REGISTRATION FORM PREPARED BY  THE  DIVI-
   51  SION  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTI-
   52  CLE, THE DIVISION, PURSUANT TO THE PROVISIONS  OF  SECTION  ONE  HUNDRED
   53  SIXTY-NINE-E  OF  THIS  ARTICLE, SHALL BE A NOTICE TO THE REGISTRANT, OF
   54  WHEN AND WHERE TO PRESENT THEMSELVES TO  THE  LAW  ENFORCEMENT  AGENCIES
   55  HAVING  JURISDICTION, IN ORDER TO SUBMIT TO A PHOTOGRAPH, FINGERPRINTING
   56  AND A DNA TEST.
       A. 6129                            16
    1    6. AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE  DIVISION
    2  MAY  REQUEST,  AND THE DEPARTMENT SHALL THEN IMMEDIATELY TRANSMIT TO THE
    3  DIVISION, ALL THE CONVICTION DATA AND FINGERPRINTS OF THE TERRORIST.
    4    7.  UPON RECEIPT OF THE CONVICTION DATA AND FINGERPRINTS IN ACCORDANCE
    5  WITH SUBDIVISION SIX OF THIS SECTION,  THE  DIVISION  SHALL  IMMEDIATELY
    6  TRANSMIT  SUCH CONVICTION DATA AND FINGERPRINTS TO THE DIVISION OF HOME-
    7  LAND SECURITY AND EMERGENCY SERVICES, THE  FEDERAL  BUREAU  OF  INVESTI-
    8  GATION, AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
    9    S  169-L.  REGISTRATION  AND VERIFICATION OF TERRORISTS. 1. ANY PERSON
   10  ADDED TO THE NEW YORK STATE  TERRORIST  REGISTRY  BY  THE  DIVISION,  IN
   11  ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL
   12  BE REQUIRED, AND HAVE THE DUTY TO REGISTER AND VERIFY, AND  PROVIDE  THE
   13  REQUIRED REGISTRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORD-
   14  ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE.
   15    2. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
   16  DIVISION, SHALL BE REQUIRED, AND SHALL HAVE THE INITIAL DUTY TO:
   17    (A) REGISTER UNDER THIS ARTICLE;
   18    (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD REGISTRA-
   19  TION FORM, CONTAINING  ALL  THE  REQUIRED  REGISTRATION  INFORMATION  IN
   20  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
   21    (C)  APPEAR  TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCEMENT
   22  AGENCY HAVING JURISDICTION;
   23    (D) APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW  ENFORCEMENT
   24  AGENCY HAVING JURISDICTION;
   25    (E)  APPEAR TO, AND SUBMIT TO A DNA SAMPLE TAKEN BY, THE SPECIFIED LAW
   26  ENFORCEMENT AGENCY HAVING JURISDICTION; AND
   27    (F) PROVIDE THE DIVISION  WITH  ANY  OTHER  AND  FURTHER  REGISTRATION
   28  INFORMATION REQUIRED BY THIS ARTICLE.
   29    3. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY BY THE
   30  DIVISION,  SHALL FURTHER BE REQUIRED, AND SHALL HAVE THE CONTINUING DUTY
   31  TO:
   32    (A) VERIFY UNDER THIS ARTICLE;
   33    (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD  VERIFICA-
   34  TION  FORM,  CONTAINING  ALL  THE  REQUIRED  VERIFICATION INFORMATION IN
   35  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE;
   36    (C) APPEAR TO, AND BE ANNUALLY  PHOTOGRAPHED  BY,  THE  SPECIFIED  LAW
   37  ENFORCEMENT AGENCY HAVING JURISDICTION; AND
   38    (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
   39  INFORMATION REQUIRED BY THIS ARTICLE.
   40    4. THE DUTY TO REGISTER AND/OR VERIFY UNDER  THE  PROVISIONS  OF  THIS
   41  ARTICLE  SHALL  NOT  BE  APPLICABLE  TO  ANY PERSON WHOSE CONVICTION WAS
   42  REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR FOR THE OFFENSE
   43  WHICH WAS THE REASON THE DIVISION ADDED SUCH  PERSON  TO  THE  NEW  YORK
   44  STATE TERRORIST REGISTRY.
   45    5.  ANY  TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGISTRY, WHO
   46  IS A RESIDENT OF NEW YORK STATE,  SHALL  REGISTER  HIS  OR  HER  CURRENT
   47  ADDRESS AND THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL
   48  INSTITUTION ATTENDED WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF
   49  ANY  CHANGE  OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS
   50  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   51    6. ANY TERRORIST ADDED TO THE NEW YORK STATE TERRORIST  REGISTRY,  WHO
   52  IS  NOT  A  RESIDENT  OF NEW YORK STATE, BUT WHO IS EMPLOYED IN NEW YORK
   53  STATE OR WHO ATTENDS AN EDUCATIONAL INSTITUTION IN NEW YORK STATE, SHALL
   54  REGISTER HIS OR HER CURRENT ADDRESS AND THE ADDRESS OF HIS OR HER  PLACE
   55  OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED WITH THE DIVISION, AND
   56  SHALL  NOTIFY  THE  DIVISION  OF  ANY CHANGE OF RESIDENCE, EMPLOYMENT OR
       A. 6129                            17
    1  EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH  THE  PROVISIONS  OF
    2  THIS ARTICLE.
    3    S  169-M.  PRIOR  CONVICTIONS;  DUTY  TO  INFORM  AND REGISTER. 1. THE
    4  DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
    5  DETERMINE  THE  DURATION  OF  REGISTRATION  AND  NOTIFICATION  FOR EVERY
    6  TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN ON  COMMU-
    7  NITY SUPERVISION OR PROBATION.
    8    2. EVERY TERRORIST WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, IS THEN
    9  ON  COMMUNITY  SUPERVISION  OR  PROBATION,  WHO IS ADDED TO THE NEW YORK
   10  STATE TERRORIST REGISTRY BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED
   11  SIXTY-NINE-H OF THIS ARTICLE, SHALL WITHIN FIFTEEN DAYS OF SUCH DETERMI-
   12  NATION BY THE  DIVISION,  REGISTER,  PURSUANT  TO  SECTION  ONE  HUNDRED
   13  SIXTY-NINE-L  OF THIS ARTICLE, WITH HIS OR HER PAROLE OR PROBATION OFFI-
   14  CER.
   15    3. ON THE THREE MONTH ANNIVERSARY OF THE TERRORIST'S INITIAL REGISTRA-
   16  TION DATE, AND ON EVERY THREE MONTHS  THEREAFTER,  THE  TERRORIST  SHALL
   17  FURTHER PROVIDE VERIFICATION AS REQUIRED PURSUANT TO SECTION ONE HUNDRED
   18  SIXTY-NINE-L OF THIS ARTICLE.
   19    4.  ANY  REGISTRANT WHO FAILS OR REFUSES TO SO COMPLY SHALL BE SUBJECT
   20  TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN  THIS  ARTICLE  WHICH
   21  WOULD  BE  IMPOSED  UPON  A  TERRORIST  WHO FAILS OR REFUSES TO REGISTER
   22  AND/OR VERIFY AS REQUIRED, AND SHALL BE SUBJECT  TO  THE  PROVISIONS  OF
   23  SECTION  ONE  HUNDRED SIXTY-NINE-W OF THIS ARTICLE AND SECTION 490.23 OF
   24  THE PENAL LAW.
   25    5. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
   26  AND  REGISTER  SUCH  TERRORIST  ACCORDING TO THE REQUIREMENTS IMPOSED BY
   27  THIS ARTICLE.
   28    6. UPON REGISTRATION, A PAROLE OR PROBATION  OFFICER  SHALL  GIVE  ONE
   29  COPY  OF  THE STANDARDIZED REGISTRATION FORM TO THE TERRORIST AND SHALL,
   30  WITHIN THREE CALENDAR DAYS, SEND ONE  COPY  TO  THE  DIVISION,  AND  TWO
   31  COPIES  EITHER  ELECTRONICALLY OR OTHERWISE TO THE DEPARTMENT, WHEREUPON
   32  THE DEPARTMENT SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE
   33  LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE  TERRORIST  RESIDES
   34  UPON  HIS  OR HER COMMUNITY SUPERVISION, PROBATION, OR LOCAL CONDITIONAL
   35  RELEASE.
   36    S 169-N. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
   37  REGISTRATION  AND  VERIFICATION  FOR  A TERRORIST SHALL BE QUARTERLY FOR
   38  LIFE.
   39    S 169-O. NOTIFICATION OF CHANGE OF  ADDRESS.  1.  UPON  RECEIPT  OF  A
   40  CHANGE  OF  ADDRESS BY A TERRORIST REQUIRED TO REGISTER UNDER THIS ARTI-
   41  CLE, THE DIVISION SHALL NOTIFY THE LOCAL LAW ENFORCEMENT  AGENCY  HAVING
   42  JURISDICTION OF THE NEW PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT
   43  AGENCY WHERE THE TERRORIST LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
   44    2.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
   45  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
   46  SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN THIS ARTICLE.
   47    3.  THE  DIVISION SHALL, IF THE TERRORIST CHANGES RESIDENCE TO ANOTHER
   48  STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW  PLACE
   49  OF RESIDENCE.
   50    S  169-P.  REGISTRY  INFORMATION SHARING. 1. THE DIVISION, PURSUANT TO
   51  THIS SECTION, IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGIS-
   52  TRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION  OF
   53  HOMELAND  SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE,
   54  THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE UNITED STATES
   55  DEPARTMENT  OF  HOMELAND  SECURITY,  THE  UNITED  STATES  DEPARTMENT  OF
   56  JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF THE DIREC-
       A. 6129                            18
    1  TOR  OF  NATIONAL  INTELLIGENCE, ANY LOCAL, STATE, NATIONAL AND INTERNA-
    2  TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
    3  DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF THIS ARTICLE.
    4    2.  THE  DIVISION,  PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO
    5  SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF ITS  INFORMATION
    6  CONTAINED  THEREIN, WITH STATE, REGIONAL OR NATIONAL REGISTRY OF TERROR-
    7  ISTS, INCLUDING BUT NOT LIMITED TO,  THE  TERRORIST  SCREENING  DATABASE
    8  MAINTAINED  BY THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST SCREENING
    9  CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
   10  THE STATE POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED  BY  ANY
   11  LOCAL,  STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT ENTITIES,
   12  AND/OR ANY OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE  OR  TERRORIST
   13  DATABASE  THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES OF
   14  THIS ARTICLE.
   15    3. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM THE
   16  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE  DIVISION  OF
   17  STATE POLICE, THE DEPARTMENT, ANY COURT OF THE UNIFIED COURT SYSTEM, THE
   18  UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES DEPART-
   19  MENT  OF  JUSTICE,  THE UNITED STATES DEPARTMENT OF STATE, THE OFFICE OF
   20  THE DIRECTOR OF NATIONAL INTELLIGENCE, ANY LOCAL,  STATE,  NATIONAL  AND
   21  INTERNATIONAL  LAW  ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE
   22  DIVISION DEEMS APPROPRIATE, ANY AND ALL INFORMATION  THAT  THE  DIVISION
   23  DEEMS  WILL ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSIST-
   24  ENT WITH THE PROVISIONS OF THIS SECTION  REGARDING  SECURE  INFORMATION,
   25  MAKE   SUCH   INFORMATION  AVAILABLE  WHEN  REQUESTED  PURSUANT  TO  THE
   26  PROVISIONS OF THIS ARTICLE.
   27    4. THE DIVISION, PURSUANT TO THIS SECTION, MAY FURTHER ACCEPT FROM ANY
   28  STATE, REGIONAL OR NATIONAL REGISTRY OF TERRORISTS,  INCLUDING  BUT  NOT
   29  LIMITED  TO,  THE TERRORIST SCREENING DATABASE MAINTAINED BY THE FEDERAL
   30  BUREAU OF INVESTIGATION'S TERRORIST SCREENING CENTER, AND/OR ANY AND ALL
   31  OTHER DATABASES MAINTAINED BY THE DIVISION OF THE STATE  POLICE,  AND/OR
   32  ANY AND ALL OTHER DATABASES MAINTAINED BY ANY LOCAL, STATE, NATIONAL AND
   33  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,  AND/OR ANY OTHER ENTITY THAT
   34  MAINTAINS A CRIMINAL JUSTICE OR TERRORIST  DATABASE  THAT  THE  DIVISION
   35  DEEMS  APPROPRIATE, ANY AND ALL INFORMATION THAT THE DIVISION DEEMS WILL
   36  ADVANCE THE PURPOSES OF THIS ARTICLE, AND SHALL, AS CONSISTENT WITH  THE
   37  PROVISIONS  OF  THIS  SECTION  REGARDING  SECURE  INFORMATION, MAKE SUCH
   38  INFORMATION AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF  THIS
   39  ARTICLE.
   40    5.  THE  DIVISION,  PURSUANT TO THIS SECTION, IN CONSULTATION WITH THE
   41  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND THE DIVISION OF
   42  STATE POLICE, SHALL REVIEW THE INFORMATION CONTAINED  ON  THE  REGISTRY,
   43  AND SHALL DETERMINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION
   44  CONTAINED  ON  THE  REGISTRY  MAY CAUSE A SECURITY RISK TO THE PEOPLE OR
   45  PROPERTY OF THE STATE OF NEW YORK.
   46    6. UPON THE REVIEW MADE IN ACCORDANCE WITH SUBDIVISION  FIVE  OF  THIS
   47  SECTION,  AND  A  DETERMINATION  THAT PARTICULAR INFORMATION NEEDS TO BE
   48  DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH  SECURE  INFORMATION  FROM
   49  PUBLIC  ACCESSIBILITY,  INCLUDING  EXEMPTING  SUCH  INFORMATION FROM THE
   50  REQUIREMENTS OF THE POSTING  ON  THE  DIVISION'S  WEBSITE,  PURSUANT  TO
   51  SECTION  ONE  HUNDRED  SIXTY-NINE-T  OF  THIS ARTICLE, OR PROVIDING SUCH
   52  THROUGH THE SPECIAL TELEPHONE NUMBER  IN  ACCORDANCE  WITH  SECTION  ONE
   53  HUNDRED SIXTY-NINE-S OF THIS ARTICLE.
   54    7. ANY INFORMATION DEEMED SECURE PURSUANT TO THIS SECTION SHALL NOT BE
   55  SUBJECT  TO  THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
   56  LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
       A. 6129                            19
    1    8. IN NO EVENT SHALL A DETERMINATION THAT PARTICULAR INFORMATION SHALL
    2  BE DEEMED SECURE, PURSUANT TO THIS SECTION, PREVENT  THE  DIVISION  FROM
    3  SHARING  SUCH SECURE INFORMATION WITH ANY ENTITY IDENTIFIED FOR REGISTRY
    4  INFORMATION SHARING PURSUANT TO THIS SECTION.
    5    S  169-Q.  DNA  AND FINGERPRINT CUSTODY AND ANALYSIS. 1. THE DIVISION,
    6  PURSUANT TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL  TRANS-
    7  FER  OF  THE DNA SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCE-
    8  MENT AGENCY HAVING JURISDICTION TO  THE  LABORATORY  MAINTAINED  BY  THE
    9  DIVISION  OF STATE POLICE, AND/OR ANY OTHER APPROVED DNA ANALYSIS ENTITY
   10  AS CONTRACTED WITH BY THE DIVISION, FOR THE  PRESERVATION,  STORAGE  AND
   11  ANALYSIS OF SUCH DNA SAMPLE.
   12    2. THE DIVISION SHALL FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTO-
   13  DIAL TRANSFER OF THE DNA SAMPLE, AND/OR THE ANALYSIS PRODUCED THEREFROM,
   14  TO  THE  STATE  DNA IDENTIFICATION INDEX, MAINTAINED PURSUANT TO SECTION
   15  NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
   16    3. THE DIVISION, PURSUANT TO THIS SECTION, SHALL ALSO PROVIDE FOR  THE
   17  SECURE,  CUSTODIAL  TRANSFER  OF  THE  FINGERPRINTS  COLLECTED  FROM THE
   18  TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  TO  THE
   19  LABORATORY  MAINTAINED BY THE DIVISION OF STATE POLICE, AND/OR ANY OTHER
   20  APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH BY THE DIVISION,
   21  FOR THE PRESERVATION, STORAGE AND ANALYSIS OF SUCH FINGERPRINTS.
   22    S 169-R. REGISTRY AND VERIFICATION FEES. 1. THE DIVISION, PURSUANT  TO
   23  THIS SECTION, SHALL:
   24    (A)  CHARGE  A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
   25  OF THE TERRORIST;
   26    (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A  TERRORIST  REGISTERS  ANY
   27  CHANGE OF ADDRESS; AND
   28    (C)  CHARGE  A FEE OF TEN DOLLARS EACH TIME A TERRORIST APPEARS BEFORE
   29  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  TO  PROVIDE  AN  UPDATED
   30  ANNUAL PHOTOGRAPH.
   31    2.  ALL  FEES  CHARGED, PURSUANT TO THIS SECTION, SHALL BE PAID TO THE
   32  DIVISION BY THE TERRORIST, AT THE TIME  AND  MANNER  PRESCRIBED  BY  THE
   33  DIVISION.
   34    3.  THE  STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT ANY AND ALL
   35  FEES COLLECTED PURSUANT TO THIS SECTION INTO THE GENERAL FUND.
   36    S 169-S. SPECIAL TELEPHONE NUMBER. 1. THE  DIVISION  SHALL  OPERATE  A
   37  TELEPHONE  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL FREE OF CHARGE AND
   38  INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
   39  ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST REGISTRY.
   40    2. THE DIVISION SHALL ASCERTAIN  WHETHER  A  NAMED  PERSON  REASONABLY
   41  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELE-
   42  VANT INFORMATION.
   43    3. THE DIVISION SHALL  DECIDE  WHETHER  THE  NAMED  PERSON  REASONABLY
   44  APPEARS  TO BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY,
   45  BASED UPON INFORMATION FROM THE CALLER PROVIDING INFORMATION THAT  SHALL
   46  INCLUDE ANY THREE OF THE FOLLOWING:
   47    (A)  AN  EXACT  STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
   48  THE TERRORIST;
   49    (B) THE DRIVER'S LICENSE NUMBER OR  NON-DRIVER'S  IDENTIFICATION  CARD
   50  NUMBER OF THE TERRORIST;
   51    (C) THE BIRTH DATE OF THE TERRORIST;
   52    (D)  THE  SOCIAL  SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
   53  THE TERRORIST;
   54    (E) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
   55    (F) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
   56    (G) ANY DISTINCTIVE MARKINGS OR THE ETHNICITY OF THE TERRORIST; AND/OR
       A. 6129                            20
    1    (H) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
    2    4.  THAT UPON ASCERTAINING THAT THE NAMED PERSON REASONABLY APPEARS TO
    3  BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY, BASED  UPON
    4  INFORMATION  FROM  THE  CALLER  PROVIDING INFORMATION IN ACCORDANCE WITH
    5  SUBDIVISION THREE OF THIS SECTION, THE DIVISION SHALL PROVIDE THE CALLER
    6  WITH THE FOLLOWING INFORMATION:
    7    (A) THE NAME OF THE TERRORIST;
    8    (B) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF  THE
    9  TERRORIST;
   10    (C)  THE  MOST  RECENT  PHOTOGRAPH  OF  THE TERRORIST TAKEN BY THE LAW
   11  ENFORCEMENT AGENCY HAVING JURISDICTION;
   12    (D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
   13    (E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
   14  PLACE OF EMPLOYMENT;
   15    (F) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
   16  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
   17    (G)  BACKGROUND  INFORMATION  ON THE TERRORIST, INCLUDING FOR EACH AND
   18  EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
   19  OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
   20  OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
   21    5. WHEN THE SPECIAL TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE
   22  PLAYED BY THE DIVISION, WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
   23    (A) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   24    (B)  THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
   25  TELEPHONE NUMBER;
   26    (C) THAT THE CALLER SHALL  BE  REQUIRED  TO  PROVIDE  THEIR  NAME  AND
   27  ADDRESS  TO  THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN A WRITTEN
   28  RECORD;
   29    (D) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS  OF
   30  AGE;
   31    (E)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
   32  PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
   33  YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
   34  HARASSMENT AGAINST SUCH PERSON;
   35    (F)  THAT  THE  CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
   36  REQUIRED TO BE PROVIDED IN SUBDIVISION THREE OF THIS  SECTION  REGARDING
   37  THE  PERSON ABOUT WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A POSI-
   38  TIVE IDENTIFICATION OF THAT PERSON;
   39    (G) THAT THE SPECIAL TELEPHONE NUMBER IS NOT A CRIME HOTLINE AND  THAT
   40  ANY  SUSPECTED  CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO THE
   41  LOCAL, STATE OR FEDERAL AUTHORITIES; AND
   42    (H) THAT AN INFORMATION PACKAGE WHICH WILL INCLUDE  A  DESCRIPTION  OF
   43  THE LAW PERTAINING TO THE NEW YORK STATE TERRORIST REGISTRY IS AVAILABLE
   44  UPON REQUEST FROM THE DIVISION.
   45    6.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
   46  GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
   47  SPECIAL TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR
   48  ANY  PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING
   49  A CIVIL ACTION IN THE APPROPRIATE COURT  REQUESTING  PREVENTIVE  RELIEF,
   50  INCLUDING  AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY INJUNCTION,
   51  RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF  PERSONS
   52  RESPONSIBLE  FOR  THE  PATTERN  OR PRACTICE OF MISUSE, AND THE FOREGOING
   53  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCEDURES  THAT
   54  MAY  BE  AVAILABLE  TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW,
   55  AND SUCH PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A  FINE  OF  NOT
   56  LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
       A. 6129                            21
    1    7. THE DIVISION SHALL ON OR BEFORE SEPTEMBER FIRST IN EACH YEAR FILE A
    2  REPORT  WITH  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE
    3  SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF THE SENATE STANDING  COMMIT-
    4  TEE  ON  VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR
    5  OF  THE  ASSEMBLY  STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, ON THE
    6  OPERATION OF THE TELEPHONE NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE,
    7  BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
    8    (A) THE NUMBER OF CALLS RECEIVED;
    9    (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
   10  IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   11    (C)  THE  NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND
   12  THE NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD  TO
   13  WHETHER A NAMED INDIVIDUAL WAS LISTED; AND
   14    (D)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
   15  UPON THE ABOVE OR ANY OTHER SELECTED FACTORS  THE  DIVISION  SHALL  DEEM
   16  RELEVANT.
   17    8.  THE  DIVISION  SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
   18  THE PROVISIONS OF THIS SECTION.
   19    S 169-T. INTERNET DIRECTORY. 1. THE DIVISION SHALL MAINTAIN AN  INTER-
   20  NET DIRECTORY OF TERRORISTS, WHICH SHALL INCLUDE FOR EACH TERRORIST:
   21    (A) THE NAME OF THE TERRORIST;
   22    (B)  THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
   23  TERRORIST;
   24    (C) THE MOST RECENT PHOTOGRAPH OF  THE  TERRORIST  TAKEN  BY  THE  LAW
   25  ENFORCEMENT AGENCY HAVING JURISDICTION;
   26    (D) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
   27    (E) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
   28  PLACE OF EMPLOYMENT;
   29    (F)  IF  THE  TERRORIST  BE A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
   30  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
   31    (G) BACKGROUND INFORMATION ON THE TERRORIST, INCLUDING EACH AND  EVERY
   32  TERRORIST  INCIDENT  INVOLVING  THE  TERRORIST, THE TERRORIST'S CRIME OF
   33  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS  OF  OPERATION,  AND  ANY
   34  OTHER INFORMATION THE DIVISION DEEMS RELEVANT.
   35    2. THE INTERNET DIRECTORY SHALL HAVE TERRORIST LISTINGS CATEGORIZED BY
   36  COUNTY AND ZIP CODE.
   37    3.  THE INTERNET DIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE
   38  INTERNET VIA THE DIVISION HOMEPAGE.
   39    4. ANY PERSON MAY APPLY TO THE DIVISION TO  RECEIVE  AUTOMATED  E-MAIL
   40  NOTIFICATIONS  WHENEVER  A NEW OR UPDATED REGISTRATION OCCURS ON THE NEW
   41  YORK STATE TERRORIST REGISTRY, IN THE GEOGRAPHIC AREA SPECIFIED BY  SUCH
   42  PERSON,  BUT  UNLESS  THE APPLICANT IS AN EMPLOYEE OR ENTITY OF A STATE,
   43  LOCAL OR FEDERAL GOVERNMENT, ACTING IN  THEIR  OFFICIAL  CAPACITY,  SUCH
   44  E-MAIL  NOTIFICATIONS  SHALL  BE  LIMITED  TO THREE GEOGRAPHIC AREAS PER
   45  E-MAIL ACCOUNT.
   46    5. THE DIVISION SHALL NOT CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY
   47  NOR FOR THE RECEIPT OF E-MAIL NOTIFICATIONS.
   48    6.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
   49  IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
   50  IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
   51  NOT MORE THAN ONE THOUSAND DOLLARS.
   52    7. THE DIVISION SHALL PROMULGATE RULES AND  REGULATIONS  TO  IMPLEMENT
   53  THE PROVISIONS OF THIS SECTION.
   54    S  169-U. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
   55  WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
   56  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
       A. 6129                            22
    1  AND  NECESSARY  INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
    2  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
    3  BAD FAITH. THE IMMUNITY PROVIDED  UNDER  THIS  SECTION  APPLIES  TO  THE
    4  RELEASE  OF  RELEVANT  INFORMATION  TO OTHER STATE, LOCAL AND/OR FEDERAL
    5  EMPLOYEES OR OFFICIALS, OR TO THE GENERAL PUBLIC.
    6    2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
    7  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
    8  OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
    9  RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE  UNLESS  IT  IS  SHOWN
   10  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   11  BAD FAITH.
   12    S  169-V.  ANNUAL  REPORT.  THE  DIVISION SHALL ON OR BEFORE SEPTEMBER
   13  FIRST IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY PRESI-
   14  DENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF  THE
   15  SENATE  STANDING  COMMITTEE  ON VETERANS, HOMELAND SECURITY AND MILITARY
   16  AFFAIRS, AND THE CHAIR OF THE ASSEMBLY  STANDING  COMMITTEE  ON  GOVERN-
   17  MENTAL  OPERATIONS,  DETAILING  THE  NEW  YORK  STATE TERRORIST REGISTRY
   18  PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
   19  ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
   20  RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
   21  RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
   22  THIS ARTICLE.
   23    S  169-W.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
   24  INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION,  PURSUANT  TO
   25  THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
   26  INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
   27  AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
   28  TY OF A CLASS A FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW. ANY
   29  SUCH FAILURE TO REGISTER OR  TO  PROVIDE  INFORMATION,  OR  SUPPLEMENTAL
   30  INFORMATION,  OR  VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
   31  CLE, MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO  SECTION
   32  TWO  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, OR THE BASIS FOR REVOCA-
   33  TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
   34    S 169-X. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
   35  OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
   36  NOR.
   37    S 169-Y. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
   38  SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
   39  SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
   40  ANY OTHER SECTION OR PART THEREOF.
   41    S 5. The penal law is amended by adding a new section 490.23  to  read
   42  as follows:
   43  S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
   44             REGISTRY.
   45    A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
   46  STATE TERRORIST REGISTRY, WHEN HE OR SHE  IS  REQUIRED  TO  REGISTER  OR
   47  VERIFY  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTI-
   48  CLE SIX-D OF THE CORRECTION LAW,  AND  FAILS  TO  REGISTER  AS  REQUIRED
   49  PURSUANT  TO  ARTICLE  SIX-D  OF THE CORRECTION LAW, OR FAILS TO PROVIDE
   50  REQUIRED INFORMATION, OR SUPPLEMENTAL INFORMATION,  OR  VERIFICATION  AS
   51  REQUIRED PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
   52    FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
   53  TRY IS A CLASS A FELONY.
   54    S 6. This act shall take effect on the first of November next succeed-
   55  ing the date on which it shall have become a law.