S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3464--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced by Sens. CROCI, ADDABBO, FELDER, AMEDORE, BOYLE, DeFRANCISCO,
         FARLEY,  FLANAGAN,  FUNKE,  GRIFFO,  LARKIN,  LAVALLE, LIBOUS, LITTLE,
         MARCELLINO,  MARCHIONE,  MARTINS,  MURPHY,  NOZZOLIO,  O'MARA,   ORTT,
         RANZENHOFER,  ROBACH, SERINO, YOUNG -- read twice and ordered printed,
         and when printed to be committed to the Committee on  Veterans,  Home-
         land  Security  and  Military  Affairs -- reported favorably from said
         committee and committed to  the  Committee  on  Finance  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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 AND EMERGENCY SERVICES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09044-05-5
       S. 3464--A                          2
    1    3. THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  SHALL
    2  PROVIDE  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES WITH ANY AND ALL
    3  INFORMATION THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE,  IN
    4  ORDER  TO  MAINTAIN  AN ACCURATE AND COMPLETE REGISTRATION OF TERRORISTS
    5  PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
    6  SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
    7  CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
    8    S  3. The executive law is amended by adding a new section 232 to read
    9  as follows:
   10    S 232.  TERRORIST REGISTRY INFORMATION SHARING. 1. UPON  REQUEST,  THE
   11  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
   12  TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
   13  ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION  OF  STATE  POLICE,
   14  AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
   15  THE DIVISION OF STATE POLICE MAY SO REQUEST.
   16    2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
   17  FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
   18  VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
   19  ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
   20  POLICE.
   21    3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
   22  JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
   23  JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
   24  COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
   25  CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
   26  FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
   27  REQUEST.
   28    S 4. The correction law is amended by adding a new article 6-D to read
   29  as follows:
   30                                 ARTICLE 6-D
   31                             TERRORIST REGISTRY
   32  SECTION 169-A. LEGISLATIVE FINDINGS.
   33          169-B. DEFINITIONS.
   34          169-C. DUTIES OF THE DIVISION.
   35          169-D. REGISTRATION INFORMATION.
   36          169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
   37                VERIFICATION FORMS.
   38          169-F. INVESTIGATION OF POTENTIAL REGISTRANTS.
   39          169-G. INITIAL ASSEMBLY OF THE REGISTRY.
   40          169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
   41          169-I. DUTIES OF THE COURT.
   42          169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
   43                DISCHARGE OF A TERRORIST.
   44          169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
   45                   PROBATION.
   46          169-L. DURATION OF REGISTRATION AND VERIFICATION.
   47          169-M. NOTIFICATION OF CHANGE OF ADDRESS.
   48          169-N. REGISTRY INFORMATION SHARING.
   49          169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
   50          169-P. REGISTRY AND VERIFICATION FEES.
   51          169-Q. SPECIAL TELEPHONE NUMBER.
   52          169-R. INTERNET DIRECTORY.
   53          169-S. IMMUNITY FROM LIABILITY.
   54          169-T. ANNUAL REPORT.
   55          169-U. PENALTY.
       S. 3464--A                          3
    1          169-V. UNAUTHORIZED RELEASE OF INFORMATION.
    2          169-W. SEPARABILITY.
    3    S  169-A.  LEGISLATIVE  FINDINGS. THE LEGISLATURE FINDS AND DETERMINES
    4  THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
    5  THE STATE OF NEW YORK.
    6    THE LEGISLATURE ADDITIONALLY FINDS AND  DETERMINES,  THAT  IT  IS  THE
    7  FIRST  RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE PUBLIC
    8  PROTECTION AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE  SUCH
    9  PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
   10  A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
   11  ATTACKS.
   12    THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE  A
   13  PROGRAM  TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
   14  TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR  AS
   15  AN  IRREPLACEABLE,  FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
   16  RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE  DEMONSTRATED
   17  THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
   18    THE  LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
   19  NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY  THIS  ARTICLE,  IS  TO
   20  MONITOR  THOSE  INDIVIDUALS,  WHO  HAVE  DEMONSTRATED THROUGH THEIR PAST
   21  ACTIONS, THAT THEY WOULD COMMIT AN ACT OF  TERRORISM,  SO  THAT  THROUGH
   22  SUCH  MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
   23  COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
   24  THE STATE OF NEW YORK.
   25    S 169-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
   26  NITIONS SHALL APPLY:
   27    1.  "TERRORIST"  MEANS  ANY  PERSON  WHO IS CONVICTED OF ANY TERRORIST
   28  OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS  SECTION,  AND/OR  WHO  HAS
   29  ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
   30  OF THIS SECTION.
   31    2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
   32    (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   33    (B)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
   34  FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE  ESSENTIAL  ELEMENTS  OF  ANY
   35  OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   36    (C)  SET  FORTH  IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
   37  (F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203,  1362,  1363,  1366,
   38  1751,  1992,  1993,  2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
   39  2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR  2339D  OF
   40  TITLE 18 OF THE UNITED STATES CODE;
   41    (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
   42    (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
   43  OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
   44    (F)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
   45  FOREIGN COUNTRY, OF ANY OFFENSE WHICH  INCLUDES  ALL  OF  THE  ESSENTIAL
   46  ELEMENTS  OF  ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
   47  THIS SUBDIVISION.
   48    3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY  A  PERSON
   49  OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
   50    (A)  CONVICTED  BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
   51  SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
   52  SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
   53    (B)  CONVICTED  BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
   54  TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
   55  SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES IN
   56  VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
       S. 3464--A                          4
    1    (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
    2  STATES, ANY OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES,  OR  ANY
    3  CONTRACTOR  OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
    4  THE GOVERNMENT OF THE UNITED STATES TO  MAKE  SUCH  DETENTIONS,  UPON  A
    5  DETERMINATION  THAT  SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
    6  TANT OR AN ILLEGAL ENEMY COMBATANT;
    7    (D) DEPORTED OR TRANSPORTED, TO  A  COUNTRY,  OTHER  THAN  THE  UNITED
    8  STATES,  BY  THE  GOVERNMENT  OF THE UNITED STATES, OR ANY DEPARTMENT OR
    9  AGENCY THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST  ACTIV-
   10  ITIES,  OR  THE  HARBORING,  SUPPORT  AND/OR  PROMOTION OF TERRORISTS OR
   11  TERRORIST ACTIVITIES; OR
   12    (E) DESIGNATED BY THE UNITED STATES DEPARTMENT OF  HOMELAND  SECURITY,
   13  THE  UNITED  STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF
   14  JUSTICE, THE UNITED STATES DEPARTMENT OF DEFENSE OR  ANY  OF  ITS  ARMED
   15  SERVICES,  THE  UNITED  STATES  CENTRAL  INTELLIGENCE AGENCY, AND/OR THE
   16  OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AS  A  PERSON  WHO  HAS
   17  COMMITTED  A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS CITI-
   18  ZENS, AND/OR WHO IS A MEMBER  OF  A  DESIGNATED  TERRORIST  ORGANIZATION
   19  PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
   20    4.  "TERRORIST  INCIDENT"  MEANS ANY INCIDENT WHICH WAS THE BASIS OF A
   21  CONVICTION FOR ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION  TWO  OF
   22  THIS  SECTION,  OR ANY INCIDENT WHICH WAS THE BASIS FOR A VERIFIABLE ACT
   23  OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
   24    5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
   25    (A) THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY  IN
   26  WHICH  THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS OR
   27  HER DISCHARGE, PROBATION, PAROLE, RELEASE TO  POST-RELEASE  SUPERVISION,
   28  OR  UPON  ANY OTHER FORM OF FEDERAL, STATE OR LOCAL CONDITIONAL RELEASE;
   29  OR
   30    (B) IF THE TERRORIST DOES NOT RECEIVE  DISCHARGE,  PROBATION,  PAROLE,
   31  RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
   32  OR  LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER IN
   33  THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
   34    (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
   35  OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
   36    (D) IF THERE IS NO CHIEF ENFORCEMENT OFFICER IN  SUCH  VILLAGE,  TOWN,
   37  CITY OR COUNTY, THE DIVISION OF STATE POLICE.
   38    6.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
   39  DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   40    7. "DEPARTMENT" MEANS THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
   41  SUPERVISION,  AS  DEFINED IN SUBDIVISION ONE OF SECTION TWO, AND SECTION
   42  FIVE, OF THIS CHAPTER.
   43    8. "OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES"  MEANS  THE
   44  OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED IN
   45  SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
   46    9. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
   47  SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
   48  SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
   49  THIS CHAPTER.
   50    10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
   51  TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
   52  CHAPTER.
   53    11.  "PROBATION"  MEANS  A  SENTENCE  OF PROBATION IMPOSED PURSUANT TO
   54  ARTICLE SIXTY-FIVE OF THE PENAL LAW AND  SHALL  INCLUDE  A  SENTENCE  OF
   55  IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
       S. 3464--A                          5
    1    12.  "INTERNET  ACCESS  PROVIDER"  MEANS ANY BUSINESS, ORGANIZATION OR
    2  OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND  COMMU-
    3  NICATIONS  FACILITY  THROUGH  WHICH  A CUSTOMER MAY OBTAIN ACCESS TO THE
    4  INTERNET.
    5    13.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
    6  OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
    7  CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
    8  INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
    9    14. "INTERNET IDENTIFIERS" MEANS ANY  ELECTRONIC  MAIL  ADDRESSES  AND
   10  DESIGNATIONS  USED  FOR  THE PURPOSES OF CHAT, INSTANT MESSAGING, SOCIAL
   11  NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
   12    15. "CELLULAR SERVICE PROVIDER" MEANS ANY  BUSINESS,  ORGANIZATION  OR
   13  OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE OR
   14  DEVICE SERVICE THROUGH WHICH A  CUSTOMER  MAY  MAKE  CELLULAR  TELEPHONE
   15  CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
   16  ORGANIZATION  OR  OTHER  ENTITY TO THE EXTENT THAT IT PROVIDES ONLY LAND
   17  LINE OR CABLE TELECOMMUNICATIONS SERVICES.
   18    16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
   19  AND MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
   20  THIS ARTICLE.
   21    17.  "REGISTRANT" MEANS A TERRORIST, THAT UPON INVESTIGATION, PURSUANT
   22  TO SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE,  THE  DIVISION  HAS
   23  DETERMINED  SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE NEW
   24  YORK STATE TERRORIST REGISTRY.
   25    18. "CONFINEMENT ENTITY" MEANS THE DEPARTMENT, OR  ANY  OTHER  OFFICE,
   26  AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
   27  CORRECTIONAL  FACILITY,  HOSPITAL,  LOCAL  CORRECTIONAL FACILITY, OR ANY
   28  OTHER SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS  DEFINED
   29  IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
   30    S  169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE DIVISION
   31  SHALL ESTABLISH AND MAINTAIN  AN  INFORMATION  FILE  ON  ALL  TERRORISTS
   32  REQUIRED  TO  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, WHICH
   33  SHALL INCLUDE ALL THE INFORMATION  SET  FORTH  IN  SECTION  ONE  HUNDRED
   34  SIXTY-NINE-D  OF  THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE NEW YORK
   35  STATE TERRORIST REGISTRY.
   36    2. REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY  TERRORIST
   37  REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
   38  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E OF THIS ARTICLE, BUT IN NO EVENT
   39  SHALL THE FAILURE OF A TERRORIST TO RECEIVE SUCH NOTICE,  OR  THE  DIVI-
   40  SION'S  FAILURE  TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST FROM ANY
   41  OBLIGATION REQUIRED BY THIS ARTICLE.
   42    3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
   43  ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL  CONDUCT  INVESTIGATIONS
   44  TO  DETERMINE  WHAT TERRORISTS SHALL BE INITIALLY ADDED TO THE REGISTRY,
   45  AND UPON SUCH INVESTIGATIONS  AND  DETERMINATIONS,  IN  ACCORDANCE  WITH
   46  SECTION ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERROR-
   47  ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
   48    4.  INVESTIGATIONS  OF POTENTIAL REGISTRANTS. THE DIVISION, IN ACCORD-
   49  ANCE WITH SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE,  SHALL  MAKE
   50  REGULAR  INVESTIGATIONS  TO  DETERMINE WHAT TERRORISTS SHALL BE ADDED TO
   51  THE REGISTRY.
   52    5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
   53  TION INFORMATION FORM AND STANDARDIZED REGISTRATION FORM.  THE  DIVISION
   54  SHALL  DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A PERSONAL-
   55  IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
   56  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
       S. 3464--A                          6
    1    6. STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED  VERIFICA-
    2  TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
    3  A  STANDARDIZED  VERIFICATION INFORMATION FORM, A PERSONALIZED VERIFICA-
    4  TION FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION  ONE
    5  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
    6    7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
    7  TO  SECTION  ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
    8  THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO  THE  NEW  YORK
    9  STATE TERRORIST REGISTRY.
   10    8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
   11  SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR  THE
   12  NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
   13  REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
   14    9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
   15  HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
   16  YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
   17  IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
   18    10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
   19  SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
   20  LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
   21  SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
   22  MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION  CONTAINED  ON
   23  THE  REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
   24  STATE OF NEW YORK, AND UPON  SUCH  DETERMINATION  THAT  SUCH  PARTICULAR
   25  INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
   26  SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
   27    11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT  TO  SECTION  ONE
   28  HUNDRED  SIXTY-NINE-O  OF  THIS  ARTICLE,  SHALL PROVIDE FOR THE SECURE,
   29  CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT,  FOR
   30  THE  PRESERVATION,  STORAGE  AND  ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
   31  FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE  DNA
   32  SAMPLE,  AND/OR  THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
   33  TIFICATION  INDEX,  MAINTAINED  PURSUANT   TO   SECTION   NINE   HUNDRED
   34  NINETY-FIVE-C OF THE EXECUTIVE LAW.
   35    12.  FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT TO
   36  SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
   37  SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
   38  TRANT,  TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
   39  ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH  BY  THE
   40  DIVISION,  FOR  THE  PRESERVATION,  STORAGE AND ANALYSIS OF SUCH FINGER-
   41  PRINTS.
   42    13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
   43  ONE  HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
   44  REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
   45  REGISTRANT,  AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
   46  STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
   47  FUND.
   48    14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
   49  A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-Q
   50  OF THIS ARTICLE.
   51    15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
   52  DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
   53    S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
   54  SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
   55  ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
   56  REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-H
       S. 3464--A                          7
    1  OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
    2  REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
    3  REGISTRANT:
    4    1. PERSONAL INFORMATION, INCLUDING:
    5    (A) THE TERRORIST'S NAME;
    6    (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
    7    (C) THE DATE OF BIRTH OF THE TERRORIST;
    8    (D) THE SEX OF THE TERRORIST;
    9    (E) THE RACE OF THE TERRORIST;
   10    (F)  THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
   11  THE TERRORIST;
   12    (G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES  OF  CITIZENSHIP  OF
   13  THE TERRORIST;
   14    (H)  THE  DRIVER'S  LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
   15  NUMBER OF THE TERRORIST;
   16    (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
   17    (J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE  AND/OR  ACTUAL
   18  PLACE OF DOMICILE OF THE TERRORIST;
   19    (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
   20  THE TERRORIST;
   21    (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
   22  ERS BELONGING TO SUCH TERRORIST;
   23    (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
   24  USED; AND
   25    (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
   26  CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
   27  CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
   28  OF WHICH THE TERRORIST HAS AUTHORIZED USE;
   29    2. FORENSIC INFORMATION, INCLUDING:
   30    (A) A PHOTOGRAPH OF  THE  TERRORIST,  TAKEN  IN  ACCORDANCE  WITH  THE
   31  PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
   32    (B)  A  COMPLETE  SET  OF  FINGERPRINTS OF THE TERRORIST, COLLECTED IN
   33  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
   34    (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF  THIS
   35  ARTICLE,  WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
   36  DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE  OF  PROVIDING  A
   37  REPORT  AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
   38  AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING  OR  DNA
   39  TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
   40    (D)  A  DNA  ANALYSIS  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
   41  PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH  SUCH  ANALYSIS
   42  BEING  COMPLIANT  WITH  THE  COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
   43  SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND  ANALYSIS  OF  AUTOSOMAL
   44  DNA  (ATDNA),  MITOCHONDRIAL  DNA  (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
   45  TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE  REQUIRED  BY
   46  THE DIVISION;
   47    3.  TERRORIST  INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH AND EVERY
   48  TERRORIST INCIDENT INVOLVING THE TERRORIST:
   49    (A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING  EVENTS
   50  FOR  WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
   51  OR DESIGNATED;
   52    (B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH  THE
   53  TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
   54    (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
   55  DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
   56  DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
       S. 3464--A                          8
    1  SENTENCE,  FINE,  PUNISHMENT  AND/OR SANCTION IMPOSED AS A RESULT OF THE
    2  INCIDENT; AND
    3    (D)  THE  DATE  OF EACH AND EVERY CONVICTION, DETAINMENT, DEPORTATION,
    4  TRANSPORTATION, AND/OR DESIGNATION THAT OCCURRED  AS  A  RESULT  OF  THE
    5  INCIDENT,  AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR SANCTION
    6  IMPOSED AS A RESULT OF THE INCIDENT;
    7    4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
    8    (A) IN THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS  TO  BE
    9  EMPLOYED:
   10    (I)  THE  NAME  AND  ADDRESS  OF  THE  TERRORIST'S CURRENT OR EXPECTED
   11  EMPLOYER;
   12    (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
   13  LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
   14  OF EMPLOYMENT; AND
   15    (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
   16    (B) IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO  BE
   17  A STUDENT:
   18    (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
   19  EXPECTED EDUCATIONAL INSTITUTION;
   20    (II)  A  COMPLETE  DESCRIPTION  OF  THE  TERRORIST'S CLASSES TAKEN, OR
   21  EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
   22    (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
   23    5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
   24  ING:
   25    (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
   26    (B) ANY OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED  PERTINENT  BY
   27  THE DIVISION.
   28    S   169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION  AND
   29  VERIFICATION FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE  A
   30  NON-FORWARDABLE  REGISTRATION PACKET, WHICH SHALL CONSIST OF A STANDARD-
   31  IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
   32  TION FORM, AND A STANDARDIZED REGISTRATION FORM.
   33    2. STANDARDIZED REGISTRATION  INFORMATION  FORM.  THE  DIVISION  SHALL
   34  CREATE  A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR AND
   35  CONCISE LANGUAGE, WITH THE PURPOSE OF  PROVIDING  INFORMATION  TO  EVERY
   36  TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
   37  TRY, ON THE FOLLOWING:
   38    (A)  DUTY  AND  OBLIGATION  TO REGISTER. THE STANDARDIZED REGISTRATION
   39  INFORMATION FORM SHALL PROVIDE INFORMATION CONCERNING  THE  REGISTRANT'S
   40  DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
   41    (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
   42  REGISTRATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
   43  THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
   44  AND
   45    (C) MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION  INFORMATION
   46  FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
   47  PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
   48  PROPERLY  REGISTER  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE,
   49  INCLUDING:
   50    (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
   51  STANDARDIZED REGISTRATION FORM;
   52    (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
   53  APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
   54  INFORMATION  CONCERNING  THE  REGISTRANT'S REQUIREMENT TO PROVIDE HIS OR
   55  HER PHOTOGRAPH, FINGERPRINTS AND A DNA SAMPLE TO  SUCH  LAW  ENFORCEMENT
   56  AGENCY; AND
       S. 3464--A                          9
    1    (III)  DETAILED DIRECTIONS AND INFORMATION CONCERNING THE REGISTRANT'S
    2  RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
    3  SION, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE,  AND
    4  THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
    5    3.  PERSONALIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
    6  CREATE A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
    7  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
    8  TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
    9  TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
   10  MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
   11  SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
   12  PERSON OF SUCH LAW ENFORCEMENT AGENCY.
   13    4.  STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
   14  ARDIZED REGISTRATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
   15  PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
   16  ONE  HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
   17  TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
   18    5. VERIFICATION PACKET. THE DIVISION SHALL  CREATE  A  NON-FORWARDABLE
   19  VERIFICATION  PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
   20  INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION  FORM,  AND  A
   21  STANDARDIZED VERIFICATION FORM.
   22    6.  STANDARDIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
   23  CREATE A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
   24  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
   25  TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
   26  TRY, ON THE FOLLOWING:
   27    (A) DUTY AND OBLIGATION  TO  PROVIDE  VERIFICATION.  THE  STANDARDIZED
   28  VERIFICATION  INFORMATION  FORM SHALL PROVIDE INFORMATION CONCERNING THE
   29  REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION  WITH
   30  THE DIVISION;
   31    (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
   32  VERIFICATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
   33  THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
   34  AND
   35    (C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION  INFORMATION
   36  FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
   37  PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
   38  PROPERLY  PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
   39  ARTICLE, INCLUDING:
   40    (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
   41  STANDARDIZED VERIFICATION FORM;
   42    (II)  DETAILED  DIRECTIONS  AND INFORMATION AS TO HOW TO APPEAR BEFORE
   43  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  CONCERNING  THE  REGIS-
   44  TRANT'S  REQUIREMENT  TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
   45  LAW ENFORCEMENT AGENCY; AND
   46    (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING  THE  TERRORIST'S
   47  RESPONSIBILITY  TO  PAY  A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
   48  SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
   49  SECTION ONE HUNDRED SIXTY-NINE-P OF  THIS  ARTICLE,  AND  THE  AVAILABLE
   50  MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
   51    7.  PERSONALIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
   52  CREATE A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
   53  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
   54  TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
   55  TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
   56  MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
       S. 3464--A                         10
    1  SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
    2  PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
    3  MATION  INFORMATION  FORM  SHALL  FURTHER INDICATE THE DATE BY WHICH THE
    4  REGISTRANT  MUST  APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURIS-
    5  DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
    6    8. STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A  STAND-
    7  ARDIZED  VERIFICATION  FORM,  IN  CLEAR  AND  CONCISE LANGUAGE, WITH THE
    8  PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
    9  MATION IDENTIFIED IN SECTION ONE HUNDRED SIXTY-NINE-D OF  THIS  ARTICLE,
   10  FROM  EVERY  TERRORIST  REQUIRED  TO  REGISTER  WITH  THE NEW YORK STATE
   11  TERRORIST REGISTRY.
   12    9. AVAILABILITY OF INFORMATION AND FORMS. IN  ADDITION  TO  THE  OTHER
   13  PROVISIONS  OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE INFORMATION
   14  AND FORMS AVAILABLE AS FOLLOWS:
   15    (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
   16  TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
   17  IZED VERIFICATION INFORMATION FORM  AND  THE  STANDARDIZED  VERIFICATION
   18  FORM  AVAILABLE  TO REGISTRANTS, ATTORNEYS REPRESENTING REGISTRANTS, THE
   19  UNIFIED COURT SYSTEM, THE  DEPARTMENT,  FEDERAL,  STATE  AND  LOCAL  LAW
   20  ENFORCEMENT,  AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS THE
   21  DIVISION DEEMS APPROPRIATE;
   22    (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
   23  IZED REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION  FORM,
   24  THE  STANDARDIZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED
   25  VERIFICATION FORM, PRODUCED IN ACCORDANCE  WITH  THIS  SECTION,  ON  THE
   26  OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
   27  IN  A  DOWNLOADABLE  FORMAT,  TO ALLOW FOR THE SUBMISSION OF A COMPLETED
   28  COPY OF SUCH FORM OR FORMS TO THE DIVISION, REGARDLESS  OF  WHETHER  ANY
   29  SUCH  FORM  OR  FORMS  HAVE BEEN PROVIDED TO, OR RECEIVED BY, THE REGIS-
   30  TRANT, OR REGARDLESS OF WHETHER SUCH REGISTRANT  HAS  IN  FACT  RECEIVED
   31  NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
   32  ARTICLE; AND
   33    (C)  THE  DIVISION  SHALL  ALSO MAINTAIN A TOLL FREE TELEPHONE NUMBER,
   34  WHICH SHALL BE DISPLAYED ON THE OFFICIAL WEBSITE  OF  THE  DIVISION,  TO
   35  PROVIDE,  UPON  REQUEST  OF ANY PERSON REQUIRED TO REGISTER WITH THE NEW
   36  YORK STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL  INFORMATION
   37  THAT  IS  NECESSARY FOR A REGISTRANT TO COMPLETE THEIR REGISTRATION WITH
   38  THE NEW YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT  TO  COMPLETE
   39  THEIR  VERIFICATION,  INCLUDING  INFORMATION THAT WOULD BE PROVIDED IN A
   40  PERSONALIZED REGISTRATION INFORMATION FORM OR A  PERSONALIZED  VERIFICA-
   41  TION INFORMATION FORM.
   42    10.  ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS OFFICIAL
   43  WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
   44  TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
   45  OF LAW, AND THAT THE INFORMATION AND FORMS NECESSARY  TO  COMPLETE  SUCH
   46  REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
   47  THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
   48  THE  TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH PARAGRAPH
   49  (C) OF SUBDIVISION NINE OF THIS SECTION.
   50    11. PURPOSE OF THE REGISTRATION PACKET. THE PURPOSE  OF  THE  NON-FOR-
   51  WARDABLE  REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION ONE
   52  OF THIS SECTION, SHALL BE TO INFORM EVERY TERRORIST  ADDED  TO  THE  NEW
   53  YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
   54  REGISTER  AS  REQUIRED  BY  THIS  ARTICLE,  AND TO COLLECT THE NECESSARY
   55  INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
       S. 3464--A                         11
    1    12. MAILING OF REGISTRATION PACKET. THE  NON-FORWARDABLE  REGISTRATION
    2  PACKET,  AS  DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MAILED
    3  BY THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF  SUCH
    4  TERRORIST,  IN  ACCORDANCE WITH THE TIMELINES ESTABLISHED BY SUBDIVISION
    5  FIFTEEN OF THIS SECTION.
    6    13.  PURPOSE  OF  THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
    7  WARDABLE VERIFICATION PACKET, CREATED  IN  ACCORDANCE  WITH  SUBDIVISION
    8  FIVE  OF  THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
    9  NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S  DUTY  AND  OBLI-
   10  GATION  TO  PROVIDE  VERIFICATION  AS  REQUIRED  BY THIS ARTICLE, AND TO
   11  COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH  REGISTRANT  AS
   12  REQUIRED BY THIS ARTICLE.
   13    14.  MAILING  OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
   14  PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE  MAILED
   15  BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
   16  REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY  SUBDIVISION
   17  FIFTEEN OF THIS SECTION.
   18    15.  TIMELINES.  WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
   19  FOLLOWING TIMELINES SHALL APPLY:
   20    (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
   21  SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY  THE  DIVISION  WITHIN
   22  TEN  CALENDAR  DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
   23  TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE  TERRORIST  REGIS-
   24  TRY;
   25    (B)  THE  MAILING  REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
   26  THIS SECTION SHALL BE COMPLETED  BY  THE  DIVISION  WITHIN  SEVENTY-FIVE
   27  CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
   28  DIRECTED  PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
   29  STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
   30  AFTER;
   31    (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
   32  REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
   33  THE  MAILING  OF  REGISTRATION  PACKET  BY  THE DIVISION, OR WITHIN FIVE
   34  CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
   35  DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED  BY
   36  THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
   37  FULLY  EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
   38  TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST  CLASS
   39  MAIL,  OR  BY  MEANS  OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
   40  HAVING JURISDICTION;
   41    (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
   42  VERIFICATION  PACKET  FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
   43  OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION,  OR  WITHIN  FIVE
   44  CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
   45  DIVISION'S  WEBSITE,  OR  WITHIN  FIVE CALENDAR DAYS OF BEING PERSONALLY
   46  NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
   47  SHALL  RETURN  A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
   48  ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER  BY  MEANS  OF  UNITED
   49  STATES  FIRST  CLASS  MAIL,  OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
   50  ENFORCEMENT AGENCY HAVING JURISDICTION;
   51    (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
   52  REGISTRATION PACKET FROM THE DIVISION, OR  WITHIN  THIRTY-FIVE  CALENDAR
   53  DAYS  OF  THE  MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
   54  TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
   55  THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
   56  NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
       S. 3464--A                         12
    1  SHALL  APPEAR  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
    2  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA  SAMPLE,  UNLESS
    3  SUCH  REGISTRANT  HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
    4  TAKEN,  AND  THEIR  FINGERPRINTS AND DNA SAMPLE PREVIOUSLY COLLECTED, IN
    5  ACCORDANCE WITH SUBDIVISIONS THREE  AND  FIVE  OF  SECTION  ONE  HUNDRED
    6  SIXTY-NINE-J  OF  THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS THREE
    7  AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
    8    (F) THE REGISTRANT SHALL ANNUALLY APPEAR BEFORE  THE  LAW  ENFORCEMENT
    9  AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
   10  TO  THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE TAKING
   11  OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
   12  AN UPDATED PHOTOGRAPH.
   13    16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
   14  IN NO EVENT SHALL THE FAILURE OF A  TERRORIST  TO  RECEIVE  ANY  NOTICE,
   15  REGISTRATION  PACKET  OR VERIFICATION PACKET, OR OF THE DIVISION TO FAIL
   16  TO PROVIDE SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION  PACKET,  OR
   17  OF  THE  FAILURE  OF  THE  DIVISION TO PROVIDE SUCH NOTICE, REGISTRATION
   18  PACKET OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO  THIS
   19  SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
   20  BY THIS ARTICLE.
   21    17.  VIOLATIONS.  IN THE EVENT THAT A COMPLETED STANDARDIZED REGISTRA-
   22  TION FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT  RETURNED
   23  TO  THE  DIVISION BY A REGISTRANT WITHIN THE TIMELINES REQUIRED PURSUANT
   24  TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DIVISION  SHALL  IMMEDIATELY
   25  NOTIFY  THE  DIVISION  OF  STATE  POLICE, THE STATE DIVISION OF HOMELAND
   26  SECURITY AND EMERGENCY SERVICES, AND THE  UNITED  STATES  DEPARTMENT  OF
   27  HOMELAND  SECURITY,  WHEREUPON  THE DIVISION OF STATE POLICE SHALL IMME-
   28  DIATELY CAUSE SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH  A  FAILURE
   29  TO  REGISTER  IN  ACCORDANCE  WITH THIS ARTICLE, AND PURSUANT TO SECTION
   30  490.23 OF THE PENAL LAW.
   31    18. LATE FILINGS. THE DIVISION  MAY  BY  REGULATION  IDENTIFY  CERTAIN
   32  CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
   33  A  STANDARDIZED  REGISTRATION FORM, A STANDARDIZED VERIFICATION FORM, OR
   34  THE LATE COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH  OR
   35  UPDATED  PHOTOGRAPH,  BUT  IN  NO  EVENT SHALL A LATE SUBMISSION OR LATE
   36  COLLECTION BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT,  IF
   37  OF  LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND OBLIGATION
   38  TO SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM,  STAND-
   39  ARDIZED  VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH
   40  OR UPDATED PHOTOGRAPH.
   41    19. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES  AND  REGULATIONS
   42  TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   43    S  169-F.  INVESTIGATION  OF POTENTIAL REGISTRANTS. 1. GENERALLY.  THE
   44  DIVISION SHALL MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER  TERROR-
   45  ISTS SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION AND
   46  DETERMINATION  THAT  A  TERRORIST  SHALL  BE  ADDED  TO THE REGISTRY, IN
   47  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE DIVISION  SHALL  ADD
   48  SUCH TERRORIST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT
   49  TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   50    2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
   51  DUTY  OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS HELD,
   52  AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
   53  SUCH CUSTODY, TO NOTIFY THE DIVISION, IN A FORM AND MANNER  PROVIDED  BY
   54  THE  DIVISION,  OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERROR-
   55  IST. THE NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT  WHICH  SUCH
   56  TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
       S. 3464--A                         13
    1  OF  RESIDENCE  WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESI-
    2  DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
    3  HOURS TO THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY  THE  DIVI-
    4  SION.  IN  THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
    5  DIVISION OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH  TERRORIST  AT
    6  LEAST  SIXTY  DAYS  PRIOR  TO  SUCH RELEASE, THE CONFINEMENT ENTITY MUST
    7  PROVIDE AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND  MANNER
    8  PROVIDED BY THE DIVISION.
    9    3.  PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON PROBATION,
   10  IT SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY  THE
   11  DIVISION,  WITHIN  FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED PLACE OF
   12  RESIDENCE OF SUCH TERRORIST, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
   13  DIVISION.
   14    4.  ESCAPE  NOTIFICATION. IN THE EVENT THAT ANY TERRORIST ESCAPES FROM
   15  THE CUSTODY OF ANY CONFINEMENT ENTITY, THE DESIGNATED  OFFICIAL  OF  THE
   16  CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
   17  THE  DIVISION  OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS, THE CONFINEMENT
   18  ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
   19  HAVING JURISDICTION AT, AND  IMMEDIATELY  PRIOR  TO,  THE  TIME  OF  THE
   20  TERRORIST'S CONFINEMENT, WITH:
   21    (A) THE NAME AND ALIASES OF THE TERRORIST;
   22    (B)  THE  ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF HIS OR
   23  HER CONFINEMENT;
   24    (C) THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO  BE
   25  SERVED, IF ANY;
   26    (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
   27    (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
   28    (F) THE FINGERPRINTS OF THE TERRORIST.
   29    5.  PURPOSE.  IT SHALL BE THE PURPOSE OF THE DIVISION'S INVESTIGATIONS
   30  UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
   31  WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK  STATE,  AND
   32  WHETHER,  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE, SUCH TERRORISTS
   33  SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
   34    6. COMMUNICATION WITH OTHER ENTITIES. (A) IN CONDUCTING  ITS  INVESTI-
   35  GATIONS,  PURSUANT  TO THIS SECTION, TO DETERMINE WHAT TERRORISTS ARE OR
   36  WILL BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN  NEW
   37  YORK  STATE,  THE  DIVISION  SHALL  COMMUNICATE WITH THE FOLLOWING STATE
   38  ENTITIES:
   39    (I) THE DEPARTMENT;
   40    (II) THE DIVISION OF PAROLE;
   41    (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
   42    (IV) THE DEPARTMENT OF HEALTH;
   43    (V) THE DEPARTMENT OF EDUCATION;
   44    (VI) THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE  UNIFIED
   45  COURT SYSTEM;
   46    (VII) THE DIVISION OF STATE POLICE;
   47    (VIII)  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES;
   48  AND/OR
   49    (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
   50    (B)  IN  FURTHER  CONDUCTING  ITS  INVESTIGATIONS,  PURSUANT  TO  THIS
   51  SECTION,  TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING, WORKING,
   52  OR ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE,  THE  DIVISION
   53  SHALL  ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR INTER-
   54  NATIONAL ENTITIES:
   55    (I) THE FEDERAL BUREAU OF PRISONS;
       S. 3464--A                         14
    1    (II) THE UNITED STATE DEPARTMENT OF DEFENSE, AND  ITS  ARMED  SERVICES
    2  BRANCHES;
    3    (III) THE UNITED STATE DEPARTMENT OF STATE;
    4    (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
    5    (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
    6    (VI) THE CENTRAL INTELLIGENCE AGENCY;
    7    (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
    8    (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
    9    (IX)  ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
   10  SION DEEMS APPROPRIATE.
   11    7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON  INVESTIGATION  IN
   12  ACCORDANCE  WITH  THIS  SECTION,  THE DIVISION SHALL ADD A TERRORIST, AS
   13  DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
   14  ARTICLE,  TO  THE  NEW  YORK  STATE TERRORIST REGISTRY, AND PROVIDE SUCH
   15  TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
   16  IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  IF
   17  THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
   18    (A)  NOT  PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
   19  OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING  AN
   20  EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
   21    (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
   22  TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
   23  TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
   24    (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
   25  TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
   26  TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
   27  TERRORIST  HAS  EVIDENCED  ANY  INTENTION  TO  RESIDE, WORK OR ATTEND AN
   28  EDUCATIONAL INSTITUTION IN NEW YORK STATE.
   29    8. COURT APPLICATION TO ADD A PERSON TO THE  REGISTRY.  UPON  INVESTI-
   30  GATION  IN  ACCORDANCE  WITH  THIS  SECTION, AND UPON A FINDING THAT THE
   31  PERSON INVESTIGATED MAY  NOT  HAVE  COMMITTED  A  TERRORIST  OFFENSE  AS
   32  DEFINED  IN  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
   33  ARTICLE, OR A VERIFIABLE ACT OF TERRORISM,  AS  DEFINED  IN  SUBDIVISION
   34  THREE  OF  SECTION  ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE
   35  JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURI-
   36  TY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A
   37  SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING,  SUPPORTING  AND/OR
   38  FACILITATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE
   39  STATE OF NEW YORK, THEN THE  DIVISION  MAY  MAKE  AN  APPLICATION  TO  A
   40  SUPREME  COURT,  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF
   41  THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGIS-
   42  TRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL
   43  ADD  SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICA-
   44  TION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF  THIS  ARTI-
   45  CLE.
   46    9.    ADDITION  TO  THE  REGISTRY BY COURT ORDER. WHERE A COURT OF THE
   47  UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
   48  TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
   49  HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL  ADD  SUCH
   50  PERSON  TO  THE  REGISTRY,  AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
   51  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   52    10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME  COURT
   53  IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
   54  COUNTY  WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
   55  SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK  STATE  TERRORIST
   56  REGISTRY,  IN  ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
       S. 3464--A                         15
    1  ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM  THE  REGISTRY,
    2  AND  PROVIDE  SUCH  PERSON  WITH  NOTIFICATION OF THEIR REMOVAL FROM THE
    3  REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION  AND/OR  ORDER,  AND
    4  SUCH  REMOVAL  SHALL  NOT  BE  PERFORMED BY THE DIVISION UNTIL THE FINAL
    5  APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
    6  TRY.
    7    S 169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN  SIXTY
    8  DAYS  OF  THE  EFFECTIVE  DATE  OF THIS ARTICLE, SHALL COMMENCE INVESTI-
    9  GATIONS AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE  HUNDRED
   10  SIXTY-NINE-F  OF  THIS  ARTICLE,  TO  DETERMINE WHAT TERRORISTS SHALL BE
   11  INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH INVESTIGATIONS AND DETER-
   12  MINATIONS, SHALL ADD SUCH TERRORISTS TO THE REGISTRY, AND  SHALL  THERE-
   13  AFTER  NOTIFY  SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO THE REGISTRY
   14  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   15    S 169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.  1.    DUTY  AND
   16  OBLIGATION  TO  REGISTER  AND  VERIFY.  ANY PERSON ADDED TO THE NEW YORK
   17  STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
   18  HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL BE REQUIRED,  AND  HAVE  THE
   19  DUTY  AND  OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL FURTHER BE
   20  REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
   21  TRATION AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH  THIS
   22  ARTICLE.
   23    2.  SPECIFIC  DUTIES AND OBLIGATIONS.   ANY TERRORIST ADDED TO THE NEW
   24  YORK STATE TERRORIST REGISTRY BY THE DIVISION  SHALL  BE  REQUIRED,  AND
   25  SHALL HAVE THE DUTY AND OBLIGATION TO:
   26    (A) REGISTER UNDER THIS ARTICLE;
   27    (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
   28  TRATION  FORM,  CONTAINING  ALL THE REQUIRED REGISTRATION INFORMATION IN
   29  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
   30  THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
   31  CLE;
   32    (C) UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL  PHOTOGRAPH
   33  PREVIOUSLY  TAKEN,  IN  ACCORDANCE  WITH  SUBDIVISIONS THREE AND FIVE OF
   34  SECTION ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE  WITH
   35  SUBDIVISIONS  THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS
   36  ARTICLE, APPEAR TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED  LAW  ENFORCE-
   37  MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
   38  REQUIRED PURSUANT TO THIS ARTICLE;
   39    (D)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR FINGERPRINTS
   40  COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
   41  HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
   42  THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
   43  APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
   44  HAVING  JURISDICTION,  WITHIN  THE TIMES, AND AT THE LOCATIONS, REQUIRED
   45  PURSUANT TO THIS ARTICLE;
   46    (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
   47  COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
   48  HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
   49  THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
   50  APPEAR TO, AND SUBMIT TO  A  DNA  SAMPLE  TAKEN  BY  THE  SPECIFIED  LAW
   51  ENFORCEMENT  AGENCY  HAVING  JURISDICTION,  WITHIN THE TIMES, AND AT THE
   52  LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
   53    (F) PROVIDE THE DIVISION  WITH  ANY  OTHER  AND  FURTHER  REGISTRATION
   54  INFORMATION REQUIRED BY THIS ARTICLE.
       S. 3464--A                         16
    1    3.  CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE NEW
    2  YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
    3  AND SHALL HAVE THE CONTINUING DUTY TO:
    4    (A) VERIFY UNDER THIS ARTICLE;
    5    (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
    6  TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
    7  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
    8  THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
    9  CLE;
   10    (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
   11  ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
   12  LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
   13    (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
   14  INFORMATION REQUIRED BY THIS ARTICLE.
   15    4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
   16  VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
   17  ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
   18  BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
   19  THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
   20    5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
   21  TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
   22  BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
   23  THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
   24  ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
   25  OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
   26  ANCE WITH THE PROVISIONS OF THIS ARTICLE.
   27    S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
   28  CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
   29  NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
   30  TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
   31  MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
   32  THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
   33  TERRORIST REGISTRY.
   34    (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
   35  THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
   36  GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
   37  COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
   38  REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
   39  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   40    (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
   41  OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
   42  IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
   43  THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
   44  REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   45    (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
   46  ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
   47  OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
   48  BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
   49  ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
   50  SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
   51  THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
   52  ANCE WITH THIS ARTICLE AS FOLLOWS:
   53    (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
   54  STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
   55  COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
       S. 3464--A                         17
    1    (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
    2  SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
    3  IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
    4  REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
    5  FORM,  ADD  SUCH  PERSON  TO  THE  REGISTRY  AND FORWARD THE INFORMATION
    6  COLLECTED TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION,  IN
    7  ACCORDANCE WITH THIS ARTICLE;
    8    (III)  THE  COURT  SHALL FURTHER NOTIFY THE TERRORIST THAT WITHIN FIVE
    9  CALENDAR DAYS, SUCH TERRORIST SHALL APPEAR BEFORE  THE  LAW  ENFORCEMENT
   10  AGENCY  HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND CORRECTIONAL
   11  ALTERNATIVES, TO PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA
   12  SAMPLE; AND
   13    (IV)  FROM  THE  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
   14  SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL  BE  ADDED
   15  TO  THE  NEW  YORK  STATE  TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
   16  TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
   17    (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
   18  ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
   19  CERTIFICATION, SHALL BE ADDED BY THE DIVISION  TO  THE  NEW  YORK  STATE
   20  TERRORIST  REGISTRY,  AND  SHALL REGISTER WITH THE DIVISION, AND PROVIDE
   21  ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
   22  INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND  TIMELINES  OF
   23  SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   24    2.  APPLICATION  TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.  IN
   25  ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
   26  THIS ARTICLE,  THE  DIVISION,  AFTER  INVESTIGATION,  MAY  PETITION  THE
   27  SUPREME  COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVES-
   28  TIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS  OF
   29  SUCH PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF
   30  SUCH  INVESTIGATION  IN  THE JOINT DETERMINATION OF THE DIVISION AND THE
   31  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS
   32  AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING  AND/OR  FACILI-
   33  TATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE
   34  OF NEW YORK, AND THAT A CERTIFICATION  SHOULD  BE  ISSUED  TO  ADD  SUCH
   35  PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE
   36  CERTIFICATION  REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL
   37  ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGISTRY,  AND  PROVIDE
   38  SUCH  PERSON  WITH  NOTIFICATION  IN ACCORDANCE WITH SECTION ONE HUNDRED
   39  SIXTY-NINE-E OF THIS ARTICLE.
   40    (B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR  ORDER  WHERE
   41  THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
   42  TO  DIRECT  THE  DIVISION  TO  ADD  THE PERSON WHO IS THE SUBJECT OF THE
   43  APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF  SUCH
   44  DENIAL  SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
   45  SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE  DECISION  OR  THE
   46  ENTRY  OF  THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
   47  ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON  WHOM
   48  THE  COURT  DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
   49  APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL  OF  SUCH  DECISION  AND/OR
   50  ORDER  ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
   51  BE SO ADDED SHALL GO, AS OF RIGHT, TO  THE  APPELLATE  DIVISION  IN  THE
   52  DEPARTMENT  IN  WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
   53  RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
   54  MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
   55  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE  ORDER  ISSUING
       S. 3464--A                         18
    1  THE  CERTIFICATION  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
    2  EARLIER.
    3    3.  APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON ADDED
    4  BY THE DIVISION TO THE NEW YORK STATE TERRORIST  REGISTRY  MAY  SEEK  AN
    5  ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
    6  OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
    7  RESIDE  IN  THE  STATE  OF  NEW YORK, TO HAVE THEIR NAME AND INFORMATION
    8  REMOVED FROM THE REGISTRY AS FOLLOWS:
    9    (A) GROUNDS FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN  ORDER  TO
   10  REMOVE  THE  REGISTRANT  AND  THEIR  INFORMATION FROM THE NEW YORK STATE
   11  TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
   12    (I) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE  OR  INCIDENT  CAUSING
   13  THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
   14  AND INFORMATION BEING ADDED TO THE REGISTRY;
   15    (II)  THE  HISTORY  AND  CHARACTER  OF  SUCH PERSON DOES NOT MERIT THE
   16  PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
   17    (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
   18  IN AN ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY  WITH  THE
   19  PROVISIONS  OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT BEHAVIOR
   20  OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
   21  AND
   22    (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
   23  LY HARSH AND INAPPROPRIATE.
   24    (B) REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME  COURT
   25  FINDS  THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS SUBDI-
   26  VISION, AND ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW  YORK  STATE
   27  TERRORIST  REGISTRY,  THE  DIVISION SHALL, IN ACCORDANCE WITH THIS PARA-
   28  GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
   29  REGISTRY, AND PROVIDE SUCH PERSON WITH  NOTIFICATION  OF  THEIR  REMOVAL
   30  FROM THE REGISTRY.
   31    (C)  APPEALS.  THE DIVISION MAY APPEAL ANY DECISION AND/OR ORDER WHERE
   32  THE COURT DIRECTS THE DIVISION TO REMOVE A  PERSON  FROM  THE  NEW  YORK
   33  STATE  TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER SHALL
   34  GO, AS OF RIGHT, TO THE COURT OF APPEALS WHICH SHALL  HEAR  SUCH  APPEAL
   35  WITHIN  NINETY  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE
   36  ORDER DIRECTING THE DIVISION TO REMOVE SUCH PERSON  FROM  THE  REGISTRY,
   37  WHICHEVER  IS EARLIER.   WHERE THE DIVISION APPEALS AN ORDER TO REMOVE A
   38  PERSON FROM THE NEW YORK STATE TERRORIST REGISTRY,  SUCH  REMOVAL  SHALL
   39  NOT  BE  PERFORMED  BY THE DIVISION UNTIL THE FINAL APPEAL IS DECIDED IN
   40  FAVOR OF THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM  THE  COURT
   41  DENIES  A  PETITION  TO  HAVE THEIR NAME REMOVED FROM THE NEW YORK STATE
   42  TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
   43  OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
   44  FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
   45  GO, AS OF RIGHT, TO THE APPELLATE DIVISION IN THE  DEPARTMENT  IN  WHICH
   46  SUCH  PERSON  SO  RESIDES, OR IF SUCH PERSON DOES NOT RESIDE IN NEW YORK
   47  STATE, TO THE APPELLATE DIVISION OF THE  THIRD  DEPARTMENT,  WHICH  SUCH
   48  APPELLATE  DIVISION  SHALL  HEAR  SUCH  APPEAL WITHIN NINETY DAYS OF THE
   49  ISSUANCE OF THE DECISION OR ENTRY OF  THE  ORDER  DENYING  THE  PETITION
   50  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
   51    S  169-J.  RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR TO DISCHARGE
   52  OF A TERRORIST.  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,
   53  AS  DEFINED  IN  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF
   54  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED  IN
   55  SUBDIVISION  EIGHTEEN  OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTI-
   56  CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
       S. 3464--A                         19
    1  DIVISION, OF CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING,  BUT  NOT
    2  LIMITED  TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR TO
    3  CONFINEMENT, THE EXPECTED LENGTH OF CONFINEMENT OF  THE  TERRORIST,  AND
    4  THE  DATE  OF  EXPECTED RELEASE OF THE TERRORIST FROM THE FACILITY MAIN-
    5  TAINED BY THE CONFINEMENT ENTITY.  THE  NOTIFICATION  REQUIRED  BY  THIS
    6  SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
    7  THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
    8  IST  AFTER  THE  EFFECTIVE  DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL
    9  TAKE PLACE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE  DATE  OF  SUCH
   10  CUSTODY OF SUCH TERRORIST.
   11    2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
   12  IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
   13  OF  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
   14  IN SUBDIVISION EIGHTEEN OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF  THIS
   15  ARTICLE,  SHALL  INFORM  SUCH  TERRORIST OF THEIR DUTY AND OBLIGATION TO
   16  REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN  A  FORM  AND
   17  MANNER  PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
   18  CONFINEMENT ENTITY, TO PROVIDE, OR  THE  FAILURE  OF  THE  TERRORIST  TO
   19  RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
   20  OBLIGATION  UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
   21  VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR  TO  THE
   22  RELEASE,  DISCHARGE,  PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
   23  OTHER RELEASE, OF THE TERRORIST, FROM THE  CUSTODY  OF  THE  CONFINEMENT
   24  ENTITY,  BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
   25  TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE,  PAROLE,
   26  RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
   27  THIS  SUBDIVISION,  THE  CONFINEMENT  ENTITY  SHALL PROVIDE AN EMERGENCY
   28  NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
   29    3. REGISTRATION AT  THE  FACILITY.  IMMEDIATELY  AFTER  PROVIDING  THE
   30  TERRORIST  WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
   31  THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT  EVERY  TERRORIST  IN
   32  THEIR  CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
   33  TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN  SUBDIVISION
   34  ONE  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
   35  THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE  SUCH  PACKET  READ  AND
   36  EXPLAINED  TO  THE  TERRORIST,  AND  AFTER SUCH READING AND EXPLANATION,
   37  SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
   38    (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
   39  WITHIN SUCH REGISTRATION PACKET;
   40    (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
   41  TION PHOTOGRAPH;
   42    (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
   43  FINGERPRINTS; AND
   44    (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
   45    4.  FAILURE  OF  A  TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
   46  RELEASE, DISCHARGE, PAROLE,  RELEASE  TO  POST-RELEASE  SUPERVISION,  OR
   47  PROVIDE  ANY  OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
   48  THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
   49  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
   50  STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
   51  FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
   52  SION THREE OF THIS SECTION.
   53    5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
   54  AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF
   55  THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   56  SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
       S. 3464--A                         20
    1  SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
    2  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
    3  OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
    4  SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
    5  WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
    6  HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
    7  OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
    8  CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
    9  FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT
   10  AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
   11  TO THE TERRORIST'S INITIAL PHOTOGRAPH.
   12    6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
   13  REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
   14  DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
   15  WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
   16  RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
   17  AND MAINTAIN A RECORD OF SUCH ADDRESS.
   18    7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
   19  COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
   20  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
   21  TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
   22  IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
   23  COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
   24  SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
   25  MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
   26  STANDARDIZED REGISTRATION FORM.
   27    8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
   28  THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   29  SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
   30  SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
   31  SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
   32  DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
   33    9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
   34  EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
   35  CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
   36  DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
   37  ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
   38  SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
   39  ENTITY.
   40    10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
   41  OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
   42  ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
   43  IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
   44  THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
   45  BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
   46  SECURITY.
   47    S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
   48  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
   49  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
   50  COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
   51  PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
   52  FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON
   53  SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
   54  ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR
   55  PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
   56  COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF
       S. 3464--A                         21
    1  EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
    2  PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
    3  PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
    4  THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
    5  EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
    6  THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
    7  VISION OR PROBATION.
    8    2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
    9  IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
   10  OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
   11  OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
   12  TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
   13  SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED  BY  THE  DIVI-
   14  SION.  THE  FAILURE  OF  THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
   15  PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE  FAILURE  OF
   16  THE  TERRORIST  TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
   17  OF ANY DUTY AND/OR  OBLIGATION  UNDER  THIS  ARTICLE.  THE  NOTIFICATION
   18  REQUIRED  BY  THIS  SUBDIVISION  SHALL  TAKE  PLACE NOT LESS THAN THIRTY
   19  CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
   20  THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL  ALTERNATIVES  IS
   21  UNABLE  TO  NOTIFY  THE  TERRORIST  AS REQUIRED BY THIS SUBDIVISION, THE
   22  DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
   23  PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
   24  PROVIDED BY THE DIVISION.
   25    3.  REGISTRATION  BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
   26  TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH  THE
   27  NOTIFICATION  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
   28  DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
   29  PRESENT  EVERY  TERRORIST,  AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
   30  HUNDRED SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION  OR
   31  PROBATION,  WHO  HAS  NOT  PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
   32  TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED  IN  SUBDIVI-
   33  SION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS ARTICLE, AS
   34  PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH  PACKET
   35  READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
   36  TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
   37    (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
   38  WITHIN SUCH REGISTRATION PACKET;
   39    (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
   40  TION PHOTOGRAPH;
   41    (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
   42  FINGERPRINTS; AND
   43    (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
   44    4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR  THE
   45  OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL RELEASE OR
   46  DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
   47  TO REGISTER UNDER THIS ARTICLE WHO HAS NOT  PREVIOUSLY  REGISTERED  WITH
   48  THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING A
   49  COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN  INITIAL  PHOTO-
   50  GRAPH,  A  COMPLETE  SET  OF  FINGERPRINTS,  AND A DNA SAMPLE, FROM SUCH
   51  TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   52    5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
   53  AGENCY  HAVING  JURISDICTION.  THE  COLLECTION  BY THE DEPARTMENT OR THE
   54  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
   55  GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA  SAMPLE,  FROM  THE
   56  TERRORIST,  IN  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
       S. 3464--A                         22
    1  RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
    2  ENFORCEMENT AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF  THE
    3  INITIAL  PHOTOGRAPH,  THE  COMPLETE  SET  OF  FINGERPRINTS,  AND THE DNA
    4  SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
    5  WITHIN FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY  SUPERVISION,
    6  THE  ONE  HUNDRED  DOLLAR  FEE  REQUIRED PURSUANT TO SECTION ONE HUNDRED
    7  SIXTY-NINE-P OF THIS ARTICLE, OR THE DUTY  TO  APPEAR  BEFORE  SUCH  LAW
    8  ENFORCEMENT  AGENCY  HAVING  JURISDICTION FOR THE PURPOSE OF PROVIDING A
    9  CHANGE OF ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH
   10  LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING
   11  AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
   12    6. RECORDING OF ADDRESS.  UPON  THE  COMPLETION  OF  THE  STANDARDIZED
   13  REGISTRATION  FORM  BY  THE  TERRORIST,  THE DEPARTMENT OR THE OFFICE OF
   14  PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  IMMEDIATELY  RECORD  FROM
   15  SUCH  STANDARDIZED  REGISTRATION  FORM,  THE ADDRESS WHERE THE TERRORIST
   16  EXPECTS TO RESIDE UPON HIS OR HER RELEASE OR  DISCHARGE  FROM  COMMUNITY
   17  SUPERVISION  OR  PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD OF SUCH
   18  ADDRESS.
   19    7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
   20  COMPLETION  OF  THE  STANDARDIZED REGISTRATION FORM BY THE TERRORIST, IN
   21  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
   22  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
   23  ONE COPY OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION  FORM  TO
   24  THE  TERRORIST,  MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED FORM FOR
   25  THE CONFINEMENT ENTITY'S OWN  RECORDS,  AND  SHALL  FURTHER  IMMEDIATELY
   26  TRANSMIT  TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE DIVI-
   27  SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
   28    8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
   29  THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   30  SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
   31  SECTION, THE DEPARTMENT OR THE  OFFICE  OF  PROBATION  AND  CORRECTIONAL
   32  ALTERNATIVES  SHALL  IMMEDIATELY  TRANSMIT  TO THE DIVISION, THE INITIAL
   33  PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
   34  MEANS AND MANNER PROVIDED BY THE DIVISION.
   35    9. CONVICTION DATA AND PERSONAL INFORMATION. AT  ANY  TIME  AFTER  THE
   36  EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE  DIVISION  MAY REQUEST, AND THE
   37  DEPARTMENT OR THE OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES
   38  SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
   39  THE  CONVICTION  DATA  AND  PERSONAL  INFORMATION  OF  ANY TERRORIST, AS
   40  DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
   41  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
   42    10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
   43  OF THE CONVICTION DATA AND PERSONAL INFORMATION  OF  THE  TERRORIST,  IN
   44  ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
   45  IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
   46  THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
   47  BUREAU OF INVESTIGATION, AND THE UNITED  STATE  DEPARTMENT  OF  HOMELAND
   48  SECURITY.
   49    S  169-L.  DURATION  OF REGISTRATION AND VERIFICATION. THE DURATION OF
   50  REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
   51  TRY SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE  VERIFICA-
   52  TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
   53    S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
   54  NOTIFY  DIVISION  OF  CHANGE  OF ADDRESS. IN ACCORDANCE WITH SUBDIVISION
   55  FIVE OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY  TERRORIST
   56  ADDED  TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF NEW
       S. 3464--A                         23
    1  YORK STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY  THIS
    2  ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
    3  OF  HIS  OR  HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION ATTENDED
    4  WITH  THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
    5  DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH
    6  THE PROVISIONS OF THIS ARTICLE.
    7    2.  NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
    8  ADDRESS BY A TERRORIST REQUIRED  TO  REGISTER  UNDER  THIS  ARTICLE,  IN
    9  ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS SECTION, THE DIVISION SHALL
   10  IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING  JURISDICTION
   11  OF  THE  NEW  PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
   12  TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
   13  JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
   14  TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
   15    3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF  THE  CHANGE
   16  OF  ADDRESS  INFORMATION  FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
   17  AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS
   18  SECTION,  THE  LOCAL  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION SHALL
   19  ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
   20    4. NOTIFICATION OF OTHER JURISDICTIONS. THE  DIVISION  SHALL,  IF  THE
   21  TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
   22  FY  THE  APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
   23  OF RESIDENCE.
   24    169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF  INFORMATION  WITH
   25  NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
   26  IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
   27  ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
   28  TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
   29  ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
   30  MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
   31  STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
   32  OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
   33  CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
   34  TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
   35  DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
   36  PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
   37  PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
   38  THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
   39  INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
   40  THE ENTITIES AUTHORIZED UNDER THIS SECTION.
   41    2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
   42  PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
   43  STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
   44  WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
   45  INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
   46  TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
   47  CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
   48  THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
   49  LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
   50  AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
   51  DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
   52  THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
   53  TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
   54  TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
   55  WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
   56  TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
       S. 3464--A                         24
    1    3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE  DIVISION,  PURSUANT
    2  TO  THIS SECTION, IN CONSULTATION WITH THE DIVISION OF HOMELAND SECURITY
    3  AND EMERGENCY SERVICES AND THE DIVISION OF STATE  POLICE,  SHALL  REVIEW
    4  THE  INFORMATION CONTAINED ON THE NEW YORK STATE TERRORIST REGISTRY, AND
    5  SHALL  DETERMINE  WHETHER  THE  DISCLOSURE OF ANY PARTICULAR INFORMATION
    6  CONTAINED ON THE REGISTRY MAY CAUSE A SECURITY RISK  TO  THE  PEOPLE  OR
    7  PROPERTY  OF  THE  STATE OF NEW YORK. UPON THE REVIEW MADE IN ACCORDANCE
    8  WITH THIS SUBDIVISION, AND UPON  A  DETERMINATION  THAT  ANY  PARTICULAR
    9  INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
   10  SECURE INFORMATION FROM PUBLIC ACCESSIBILITY, INCLUDING  EXEMPTING  SUCH
   11  INFORMATION  FROM  THE  REQUIREMENTS  OF  THE  POSTING ON THE DIVISION'S
   12  WEBSITE, PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF  THIS  ARTICLE,
   13  OR PROVIDING OF SUCH INFORMATION THROUGH THE SPECIAL TELEPHONE NUMBER IN
   14  ACCORDANCE  WITH  SECTION  ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE. ANY
   15  INFORMATION DEEMED SECURE PURSUANT TO  THIS  SUBDIVISION  SHALL  NOT  BE
   16  SUBJECT  TO  THE PROVISIONS OF THE NEW YORK STATE FREEDOM OF INFORMATION
   17  LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   18    4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
   19  BY THE DIVISION, THAT PARTICULAR INFORMATION  SHALL  BE  DEEMED  SECURE,
   20  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PREVENT THE DIVISION FROM
   21  SHARING  SUCH  SECURE  INFORMATION  WITH  ANY  ENTITY IDENTIFIED FOR THE
   22  REGISTRY INFORMATION SHARING PURSUANT TO THIS SECTION, BUT THE  DIVISION
   23  MAY PLACE SHARING RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED
   24  BY THE DIVISION, WHEN SHARING SUCH SECURE INFORMATION WITH OTHER AUTHOR-
   25  IZED  SHARING  ENTITIES,  IN  ACCORDANCE WITH SUBDIVISION ONE AND TWO OF
   26  THIS SECTION, COULD RESULT  IN  THE  INAPPROPRIATE  DISCLOSURE  OF  SUCH
   27  SECURE INFORMATION.
   28    S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
   29  COLLECTION.  THE  DIVISION,  PURSUANT TO THIS SECTION, SHALL PROVIDE FOR
   30  THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
   31  FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION,
   32  THE  CONFINEMENT  ENTITY,  OR  THE DEPARTMENT OR OFFICE OF PROBATION AND
   33  CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
   34  ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
   35  SUCH  SECURE  CUSTODIAL  COLLECTION  OF  THE DNA SAMPLE AND FINGERPRINTS
   36  COLLECTED FROM THE TERRORIST, AND SHALL MAKE  AVAILABLE  AN  INFORMATION
   37  PACKET  TO  EXPLAIN THE SECURE PROTOCOLS TO ALL LAW ENFORCEMENT AGENCIES
   38  HAVING JURISDICTION, ALL CONFINEMENT ENTITIES, THE  DEPARTMENT  AND  THE
   39  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
   40    2.  SECURE  CUSTODIAL  TRANSFER OF DNA. THE DIVISION, PURSUANT TO THIS
   41  SECTION, SHALL PROVIDE FOR THE SECURE  CUSTODIAL  TRANSFER  OF  THE  DNA
   42  SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
   43  JURISDICTION,  THE  CONFINEMENT ENTITY, THE DEPARTMENT, OR THE OFFICE OF
   44  PROBATION  AND  CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE   WITH   THE
   45  PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
   46  OF  STATE  POLICE,  AND/OR  ANY  OTHER  APPROVED DNA ANALYSIS ENTITY, AS
   47  CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
   48  YSIS OF SUCH DNA SAMPLE.
   49    3. SECURE CUSTODIAL TRANSFER OF FINGERPRINTS. THE  DIVISION,  PURSUANT
   50  TO  THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF THE
   51  FINGERPRINTS COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT  AGENCY
   52  HAVING  JURISDICTION,  THE  CONFINEMENT  ENTITY,  THE DEPARTMENT, OR THE
   53  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES,  IN  ACCORDANCE  WITH
   54  THE  PROVISIONS  OF  THIS  ARTICLE,  TO THE LABORATORY MAINTAINED BY THE
   55  DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
       S. 3464--A                         25
    1  ENTITY, AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION,  STOR-
    2  AGE AND ANALYSIS OF SUCH FINGERPRINTS.
    3    4.  STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER PROVIDE
    4  FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA  SAMPLE,  AND/OR
    5  THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
    6  PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
    7    S  169-P.  REGISTRY  AND  VERIFICATION FEES. 1. CHARGING OF FEES.  THE
    8  DIVISION, PURSUANT TO THIS SECTION, SHALL:
    9    (A) CHARGE A FEE OF ONE HUNDRED DOLLARS FOR THE  INITIAL  REGISTRATION
   10  OF THE TERRORIST;
   11    (B)  CHARGE  A  FEE OF TEN DOLLARS EACH TIME A TERRORIST REGISTERS ANY
   12  CHANGE OF ADDRESS; AND
   13    (C) CHARGE A FEE OF TEN DOLLARS  EACH  TIME  A  TERRORIST  APPEARS  TO
   14  PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
   15    2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
   16  PAID  TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER PRESCRIBED
   17  BY THE DIVISION.
   18    3. WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE  BASIS,
   19  FOR  A  WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION, OR MAY
   20  FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
   21  PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
   22    4. DEPOSIT AUTHORIZATION. THE STATE COMPTROLLER IS  HEREBY  AUTHORIZED
   23  TO  DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO THE
   24  GENERAL FUND.
   25    S 169-Q. SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER.  THE  DIVISION
   26  SHALL  OPERATE  A  TELEPHONE  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL
   27  FREE OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO  REGIS-
   28  TER  PURSUANT  TO THIS ARTICLE IS LISTED ON THE NEW YORK STATE TERRORIST
   29  REGISTRY, AND TO OBTAIN PUBLICLY  AVAILABLE  REGISTRY  INFORMATION  WITH
   30  RESPECT TO SUCH TERRORIST.
   31    2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
   32  UPON  THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED FOR
   33  IN THIS SECTION, THE DIVISION SHALL:
   34    (A) ASK THE CALLER FOR A NAME OF AN INDIVIDUAL  ON  WHICH  THE  CALLER
   35  WOULD LIKE TO OBTAIN INFORMATION.
   36    (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
   37  PERSON  LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED INDI-
   38  VIDUAL REASONABLY APPEARS TO BE A PERSON LISTED  ON  THE  REGISTRY,  THE
   39  DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
   40  THE FOLLOWING:
   41    (I)  AN  EXACT  STREET ADDRESS, INCLUDING APARTMENT NUMBER, IF ANY, OF
   42  THE TERRORIST;
   43    (II) THE DRIVER'S LICENSE NUMBER OR NON-DRIVER'S  IDENTIFICATION  CARD
   44  NUMBER OF THE TERRORIST;
   45    (III) THE DATE OF BIRTH OF THE TERRORIST;
   46    (IV)  THE  SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF
   47  THE TERRORIST;
   48    (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
   49    (VI) THE CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT  COMMITTED  BY
   50  THE TERRORIST;
   51    (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
   52    (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
   53    (IX)  ANY  DISTINCTIVE  MARKINGS  OR  THE  ETHNICITY OF THE TERRORIST;
   54  AND/OR
   55    (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
       S. 3464--A                         26
    1    (C) UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS  TO
    2  BE  A  PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY BASED UPON
    3  THE INFORMATION PROVIDED FROM THE CALLER IN  ACCORDANCE  WITH  PARAGRAPH
    4  (B)  OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING INFORMA-
    5  TION:
    6    (I) THE NAME OF THE TERRORIST;
    7    (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
    8  TERRORIST;
    9    (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
   10    (IV)  IF  THE  TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
   11  IST'S PLACE OF EMPLOYMENT;
   12    (V) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
   13  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
   14    (VI)  BACKGROUND  INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
   15  EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
   16  OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
   17  OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
   18    (D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE  CALLER,  A  RECORDED
   19  PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
   20    (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   21    (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
   22  TELEPHONE NUMBER;
   23    (III)  THAT  THE  CALLER  SHALL  BE REQUIRED TO PROVIDE THEIR NAME AND
   24  ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN  A  WRITTEN
   25  RECORD;
   26    (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
   27  AGE;
   28    (V)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
   29  PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
   30  YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
   31  HARASSMENT AGAINST SUCH PERSON;
   32    (VI)  THAT  THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
   33  REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION  REGARDING
   34  THE  INDIVIDUAL  ABOUT  WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
   35  POSITIVE IDENTIFICATION OF THAT PERSON;
   36    (VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT  A  CRIME  HOTLINE  AND
   37  THAT  ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
   38  THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
   39    (VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE  A  DESCRIPTION
   40  OF  THE  LAW  PERTAINING  TO  THE  NEW YORK STATE TERRORIST REGISTRY, IS
   41  AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING,  BY
   42  MAIL, UPON REQUEST FROM THE DIVISION.
   43    3.  MISUSE  OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
   44  ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED  IN
   45  A  PATTERN  OR  PRACTICE  OF MISUSE OF THE SPECIAL TELEPHONE NUMBER, THE
   46  ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED  BY  THE
   47  MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
   48  PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
   49  A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER  OR  OTHER  ORDER
   50  AGAINST  THE  PERSON  OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR
   51  PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE  INDEPENDENT  OF
   52  ANY  OTHER  REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
   53  PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
   54  SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
   55  MORE THAN ONE THOUSAND DOLLARS.
       S. 3464--A                         27
    1    4. REPORT OF CALL ACTIVITY.   THE DIVISION SHALL,  ON  OR  BEFORE  THE
    2  FIRST  OF  SEPTEMBER  IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
    3  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  STATE  ASSEMBLY,
    4  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
    5  TY  AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
    6  TEE ON GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF  THE  TELEPHONE
    7  NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
    8  OF THE FOLLOWING:
    9    (A) THE NUMBER OF CALLS RECEIVED;
   10    (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
   11  IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   12    (C) THE NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE  RESPONSE  AND
   13  THE  NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO
   14  WHETHER A NAMED INDIVIDUAL WAS LISTED;
   15    (D) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE  NUMBER  PROGRAM
   16  BASED  UPON  THE  ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
   17  DEEM RELEVANT;
   18    (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
   19  OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY,  OPERATED
   20  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
   21    (F)  RECOMMENDATIONS  AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
   22  TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
   23    5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL  TELEPHONE  NUMBER
   24  SHALL  NOT  PROVIDE  ANY  CALLER  WITH ANY INFORMATION FROM THE NEW YORK
   25  STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN  ACCORD-
   26  ANCE  WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
   27  ARTICLE.
   28    6. ADVERTISEMENT OF  SPECIAL  TELEPHONE  NUMBER.  THE  DIVISION  SHALL
   29  PROVIDE  FOR  THE  ADVERTISEMENT  OF THE SPECIAL TELEPHONE NUMBER ESTAB-
   30  LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE  POST-
   31  ING  OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
   32  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   33    7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
   34  IMPLEMENT THE PROVISIONS OF THIS SECTION.
   35    S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE  INTERNET  DIRECTORY.
   36  THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
   37  YORK STATE TERRORIST REGISTRY WHICH SHALL:
   38    (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
   39    (I) THE NAME OF THE TERRORIST;
   40    (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
   41  TERRORIST;
   42    (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
   43  IST FOR THE REGISTRY;
   44    (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
   45    (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
   46  PLACE OF EMPLOYMENT;
   47    (VI)  IF  THE  TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
   48  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
   49    (VII) BACKGROUND INFORMATION ON  THE  TERRORIST,  INCLUDING  EACH  AND
   50  EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
   51  OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
   52  OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
   53    (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
   54    (C)  BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
   55  OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
       S. 3464--A                         28
    1  ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF  HOMELAND  SECURITY  AND
    2  EMERGENCY SERVICES.
    3    2.  AUTOMATED  E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
    4  SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
    5  REGISTRATION OCCURS ON THE NEW YORK STATE  TERRORIST  REGISTRY,  IN  THE
    6  GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
    7  EMPLOYEE  OR  ENTITY  OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
    8  THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE  LIMITED  TO
    9  THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
   10    3.  NO  CHARGE  FOR  THE  USE OF THE DIRECTORY. THE DIVISION SHALL NOT
   11  CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY  NOR  FOR  THE  RECEIPT  OF
   12  E-MAIL NOTIFICATIONS.
   13    4.  MISUSE  OF  THE  INTERNET  DIRECTORY. WHENEVER THERE IS REASONABLE
   14  CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS  IS  ENGAGED  IN  A
   15  PATTERN  OR  PRACTICE  OF MISUSE OF THE INTERNET DIRECTORY, THE ATTORNEY
   16  GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
   17  THE  DIRECTORY  IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE
   18  COURT REQUESTING PREVENTIVE  RELIEF,  INCLUDING  AN  APPLICATION  FOR  A
   19  PERMANENT  OR  TEMPORARY  INJUNCTION,  RESTRAINING  ORDER OR OTHER ORDER
   20  AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR  THE  PATTERN  OR
   21  PRACTICE  OF  MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
   22  ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
   23  PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
   24  SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
   25  MORE THAN ONE THOUSAND DOLLARS.
   26    5.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
   27  USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
   28  THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
   29  THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
   30    6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
   31  THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
   32  SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
   33  ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
   34  THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
   35  OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   36    7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
   37  IMPLEMENT THE PROVISIONS OF THIS SECTION.
   38    S 169-S. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
   39  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   40  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   41  AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
   42  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   43  BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
   44  RELEASE OF RELEVANT INFORMATION TO OTHER  STATE,  LOCAL  AND/OR  FEDERAL
   45  EMPLOYEES OR OFFICIALS, OR TO THE GENERAL PUBLIC.
   46    2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
   47  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   48  OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
   49  RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS ARTICLE UNLESS IT IS SHOWN
   50  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   51  BAD FAITH.
   52    S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
   53  SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
   54  PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
   55  THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
   56  TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON
       S. 3464--A                         29
    1  GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
    2  PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
    3  ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
    4  RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
    5  RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
    6  THIS ARTICLE.
    7    S  169-U.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
    8  INFORMATION OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION,  PURSUANT  TO
    9  THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
   10  INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
   11  AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
   12  TY OF A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE  PENAL  LAW.
   13  ANY  SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR SUPPLEMENTAL
   14  INFORMATION, OR VERIFICATION, PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
   15  CLE,  MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION
   16  TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, OR THE BASIS FOR  REVOCA-
   17  TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
   18    S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
   19  OF  ANY  INFORMATION  CONTAINED IN THE NEW YORK STATE TERRORIST REGISTRY
   20  SHALL BE A CLASS B MISDEMEANOR.
   21    S 169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART  THEREOF
   22  SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
   23  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
   24  ANY OTHER SECTION OR PART THEREOF.
   25    S  5.  The penal law is amended by adding a new section 490.23 to read
   26  as follows:
   27  S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
   28             REGISTRY.
   29    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW  YORK
   30  STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
   31  FY  WITH  THE  DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO ARTICLE
   32  SIX-D OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED  PURSUANT
   33  TO  ARTICLE  SIX-D  OF  THE CORRECTION LAW, OR FAILS TO PROVIDE REQUIRED
   34  INFORMATION, OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION  AS  REQUIRED
   35  PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
   36    FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
   37  TRY IS A CLASS A-I FELONY.
   38    S 6. This act shall take effect on the first of November next succeed-
   39  ing the date on which it shall have become a law.