S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          928
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Correction
       AN ACT to amend the correction law, in relation  to  creating  a  felony
         possession of a firearm registration act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The correction law is amended by adding a new  article  6-D
    2  to read as follows:
    3                                 ARTICLE 6-D
    4                   FELONY GUN POSSESSION REGISTRATION ACT
    5  SECTION 168-AA. SHORT TITLE.
    6          168-BB. DEFINITIONS.
    7          168-CC. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
    8          168-DD. OFFENDER; RELOCATION; NOTIFICATION.
    9          168-EE. DUTIES OF THE COURT.
   10          168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES
   11                  OF OFFICIAL IN CHARGE.
   12          168-GG. DUTY TO REGISTER AND TO VERIFY.
   13          168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.
   14          168-II. REGISTRATION AND VERIFICATION REQUIREMENTS.
   15          168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
   16                  OF ADDRESS.
   17          168-KK. SPECIAL TELEPHONE NUMBER.
   18          168-LL. IMMUNITY FROM LIABILITY.
   19          168-MM. PENALTY.
   20          168-NN. UNAUTHORIZED RELEASE OF INFORMATION.
   21          168-OO. SEPARABILITY.
   22    S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   23  THE "FELONY POSSESSION OF A FIREARM REGISTRATION ACT".
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04300-01-3
       A. 928                              2
    1    S  168-BB.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
    2  NITIONS APPLY:
    3    1.  "ANTIQUE  FIREARM"  MEANS  ANY  UNLOADED  MUZZLE LOADING PISTOL OR
    4  REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP, OR SIMILAR TYPE OF
    5  IGNITION SYSTEM, OR A PISTOL OR REVOLVER  WHICH  USES  FIXED  CARTRIDGES
    6  WHICH  ARE  NO  LONGER  AVAILABLE IN THE ORDINARY CHANNELS OF COMMERCIAL
    7  TRADE.
    8    2. "ASSAULT WEAPON" MEANS:
    9    A. A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO  ACCEPT  A  DETACHABLE
   10  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   11    (I) A FOLDING OR TELESCOPING STOCK;
   12    (II)  A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
   13  THE WEAPON;
   14    (III) A BAYONET MOUNT;
   15    (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO  ACCOMMODATE  A
   16  FLASH SUPPRESSOR;
   17    (V) A GRENADE LAUNCHER; OR
   18    B.  A  SEMIAUTOMATIC  SHOTGUN  THAT  HAS AT LEAST TWO OF THE FOLLOWING
   19  CHARACTERISTICS:
   20    (I) A FOLDING OR TELESCOPING STOCK;
   21    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
   22  THE WEAPON;
   23    (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   24    (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   25    C.  A  SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
   26  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   27    (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF  THE
   28  PISTOL GRIP;
   29    (II)  A  THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
   30  SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   31    (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY  ENCIR-
   32  CLES,  THE  BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
   33  THE NONTRIGGER HAND WITHOUT BEING BURNED;
   34    (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL  IS
   35  UNLOADED;
   36    (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
   37  OR
   38    D.  ANY  OF  THE  WEAPONS,  OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
   39  WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER,  KNOWN
   40  AS:
   41    (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
   42  MODELS);
   43    (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   44    (III) BERETTA AR70 (SC-70);
   45    (IV) COLT AR-15;
   46    (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   47    (VI) SWD M-10, M-11, M-11/9, AND M-12;
   48    (VII) STEYR AUG;
   49    (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   50    (IX)  REVOLVING  CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
   51  SWEEPER AND STRIKER 12;
   52    E. PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
   53    (I) ANY RIFLE, SHOTGUN OR PISTOL THAT  (A)  IS  MANUALLY  OPERATED  BY
   54  BOLT,  PUMP,  LEVER  OR  SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
   55  INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED  IN  18  U.S.C.  921
   56  (A)(16);
       A. 928                              3
    1    (II)  A  SEMIAUTOMATIC  RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
    2  THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
    3    (III)  A  SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
    4  OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
    5    (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA  OR  DUPLICATE  THEREOF,
    6  SPECIFIED  IN  APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
    7  MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE.  THE  MERE
    8  FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
    9  MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   10    (V)  A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
   11  PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH D OF THIS  SUBDIVISION
   12  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINE-
   13  TY-FOUR.
   14    3.  "CONVICTION"  MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR A VERDICT
   15  OF GUILTY UPON, AN ACCUSATORY INSTRUMENT OTHER THAN A FELONY  COMPLAINT,
   16  OR TO ONE OR MORE COUNTS OF SUCH INSTRUMENT.
   17    4.  "DISGUISED  GUN"  MEANS  ANY  WEAPON  OR  DEVICE  CAPABLE OF BEING
   18  CONCEALED ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH  THE
   19  ENERGY  OF  AN  EXPLOSIVE  AND  IS DESIGNED AND INTENDED TO APPEAR TO BE
   20  SOMETHING OTHER THAN A GUN.
   21    5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
   22  ONE OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A  RIFLE
   23  HAVING  ONE  OR  MORE BARRELS LESS THAN SIXTEEN INCHES IN LENGTH; OR (D)
   24  ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
   25  TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
   26  AN OVERALL LENGTH OF LESS THAN TWENTY-SIX  INCHES;  OR  (E)  AN  ASSAULT
   27  WEAPON.  FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL ON
   28  A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
   29  THE MUZZLE AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK  WHEN  CLOSED
   30  AND  WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A WEAPON
   31  MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
   32  THE WEAPON MEASURED ALONG A LINE PARALLEL TO  THE  CENTER  LINE  OF  THE
   33  BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
   34    6.  "FIREARM  SILENCER"  MEANS  ANY  INSTRUMENT, ATTACHMENT, WEAPON OR
   35  APPLIANCE FOR CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL  OR  OTHER
   36  FIREARMS  TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF THE
   37  FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
   38    7. "GUN POSSESSION OFFENDER OR  OFFENDER"  MEANS  ANY  PERSON  WHO  IS
   39  CONVICTED  OF  OR  HAS  A CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE
   40  PROVISIONS OF SECTION 265.02, 265.03 OR 265.04 OF  THE  PENAL  LAW.  ANY
   41  CONVICTION  SET  ASIDE  PURSUANT  TO  LAW  IS  NOT  A CONVICTION FOR THE
   42  PURPOSES OF THIS ARTICLE.
   43    8. "LOADED FIREARM" MEANS ANY FIREARM LOADED WITH  AMMUNITION  OR  ANY
   44  FIREARM  WHICH  IS  POSSESSED  BY ONE WHO, AT THE SAME TIME, POSSESSES A
   45  QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
   46    9. "MACHINE-GUN" MEANS A WEAPON OF ANY  DESCRIPTION,  IRRESPECTIVE  OF
   47  SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
   48  SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
   49  ZINE  WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A SUB-MACHINE
   50  GUN.
   51    10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
   52  INTENDED TO BE FIRED FROM THE SHOULDER AND DESIGNED  OR  REDESIGNED  AND
   53  MADE  OR  REMADE  TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED METALLIC
   54  CARTRIDGE TO FIRE ONLY A SINGLE PROJECTILE THROUGH  A  RIFLED  BORE  FOR
   55  EACH SINGLE PULL OF THE TRIGGER.
       A. 928                              4
    1    11.  "SEMIAUTOMATIC"  MEANS  ANY  REPEATING  RIFLE, SHOTGUN OR PISTOL,
    2  REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF  THE
    3  ENERGY  OF  A  FIRING  CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
    4  CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND,  AND  WHICH  REQUIRES  A
    5  SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
    6    12.  "SHOTGUN"  MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
    7  AND INTENDED TO BE FIRED FROM THE SHOULDER AND  DESIGNED  OR  REDESIGNED
    8  AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
    9  SHELL  TO  FIRE  THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
   10  SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
   11    13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   12    S 168-CC. DUTIES OF THE DIVISION;  REGISTRATION  INFORMATION.  1.  THE
   13  DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
   14  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
   15  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
   16    A.  THE  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
   17  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS  AND/OR
   18  EXPECTED PLACE OF DOMICILE.
   19    B.  A  PHOTOGRAPH  AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
   20  THE PERIOD OF REGISTRATION, UPDATE  SUCH  PHOTOGRAPH  ONCE  EVERY  THREE
   21  YEARS.  THE  DIVISION  SHALL  NOTIFY THE OFFENDER BY MAIL OF THE DUTY TO
   22  APPEAR AND BE PHOTOGRAPHED  AT  THE  SPECIFIED  LAW  ENFORCEMENT  AGENCY
   23  HAVING  JURISDICTION.  SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY
   24  DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS  REQUIRED  TO
   25  BE TAKEN.
   26    C.  A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
   27  THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   28    D. THE NAME AND ADDRESS OF ANY  INSTITUTION  OF  HIGHER  EDUCATION  AT
   29  WHICH  THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
   30  WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
   31  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
   32    E. ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   33    2. A. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
   34  REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE  PURPOSE  OF  SHARING
   35  INFORMATION.  THE  DIVISION  SHALL  ACCEPT  FILES  FROM  ANY REGIONAL OR
   36  NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE  WHEN
   37  REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   38    B.  THE  DIVISION  SHALL  REQUIRE  THAT NO INFORMATION INCLUDED IN THE
   39  REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
   40  PROVISIONS OF THIS ARTICLE.
   41    3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
   42  MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
   43  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
   44  BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
   45  OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   46    4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
   47  LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
   48  MENTS.
   49    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   50  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
   51    6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
   52  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   53    7.  THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN OFFEN-
   54  DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS
   55  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
   56  HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
       A. 928                              5
    1  SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
    2  THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
    3  FEES INTO THE GENERAL FUND.
    4    S  168-DD.  OFFENDER;  RELOCATION;  NOTIFICATION.  IN  THE CASE OF ANY
    5  OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S  PROBATION
    6  OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
    7  OF  RESIDENCE  ON  A  FORM  PROVIDED BY THE DIVISION.   IF SUCH OFFENDER
    8  CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,  EMPLOYMENT  OR
    9  RESIDENCE  AT  ANY  INSTITUTION  OF HIGHER EDUCATION WHILE ON PROBATION,
   10  SUCH NOTIFICATION  OF  THE  CHANGE  OF  STATUS  SHALL  BE  SENT  BY  THE
   11  OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
   12  A FORM PROVIDED BY THE DIVISION.
   13    S 168-EE. DUTIES OF THE COURT.  UPON CONVICTION OF ANY OF THE OFFENSES
   14  SET  FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
   15  THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER  AND
   16  SHALL  INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
   17  JUDGMENT OF CONVICTION.  THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
   18  OR HER DUTIES UNDER THIS ARTICLE.  FAILURE TO INCLUDE THE  CERTIFICATION
   19  IN  THE  ORDER  OF  COMMITMENT  OR  THE JUDGMENT OF CONVICTION SHALL NOT
   20  RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
   21    S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES  OF
   22  OFFICIAL  IN CHARGE.   ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED
   23  TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL  CORREC-
   24  TIONAL  FACILITY  OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMIT-
   25  TED, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE  OR
   26  RELEASE,  BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE,
   27  BY THE FACILITY IN WHICH HE OR SHE  WAS  CONFINED  OR  COMMITTED.    THE
   28  FACILITY SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE
   29  REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
   30  FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND  TO  COMPLETE  THE
   31  REGISTRATION  PORTION  OF SUCH FORM.   THE FACILITY SHALL OBTAIN ON SUCH
   32  FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE UPON  HIS  OR  HER
   33  DISCHARGE OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
   34  ER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING
   35  OR  EMPLOYED,  WHETHER  FOR  COMPENSATION  OR NOT, AND WHETHER HE OR SHE
   36  EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY  SUCH  AN  INSTITU-
   37  TION,  AND  SHALL REPORT SUCH INFORMATION TO THE DIVISION.  THE FACILITY
   38  SHALL GIVE ONE COPY OF THE FORM TO THE OFFENDER,  RETAIN  ONE  COPY  AND
   39  SHALL  SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
   40  TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION.  THE FACILITY SHALL
   41  GIVE THE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH  THE
   42  DIVISION  AT  LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM
   43  SHALL BE COMPLETED, SIGNED BY THE OFFENDER AND SENT TO THE  DIVISION  BY
   44  THE  FACILITY  AT  LEAST  TEN  DAYS  PRIOR  TO THE OFFENDER'S RELEASE OR
   45  DISCHARGE.
   46    S 168-GG. DUTY TO REGISTER AND TO VERIFY.  1. ANY OFFENDER  SHALL,  AT
   47  LEAST  TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RE-
   48  LEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACIL-
   49  ITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR  COMMITTED,  REGISTER
   50  WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
   51    2.  FOR  AN  OFFENDER  REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
   52  ANNIVERSARY OF THE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERI-
   53  OD IN WHICH HE OR SHE IS REQUIRED TO REGISTER  UNDER  THIS  SECTION  THE
   54  FOLLOWING APPLIES:
   55    A. THE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITH-
   56  IN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
       A. 928                              6
    1    B.  THE  VERIFICATION  FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
    2  THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO  THE  DIVI-
    3  SION.
    4    C.  IF  THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
    5  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE  OR  SHE
    6  SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
    7  SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
    8    3.  ANY  OFFENDER  SHALL  REGISTER WITH THE DIVISION NO LATER THAN TEN
    9  CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF  HIS  OR  HER
   10  STATUS  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
   11  TUTION OF HIGHER EDUCATION. A FEE  OF  TEN  DOLLARS,  AS  AUTHORIZED  BY
   12  SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
   13  SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
   14  CHANGE  OF  ADDRESS  OR  ANY  CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
   15  ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
   16  TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
   17  AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
   18  OF STATUS.
   19    4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
   20  BE APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON  APPEAL
   21  OR WHO WAS PARDONED BY THE GOVERNOR.
   22    S  168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.  AN
   23  OFFENDER'S DUTY TO REGISTER AND VERIFY TERMINATES WHEN SUCH OFFENDER  IS
   24  DISCHARGED FROM PROBATION.
   25    S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
   26  VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
   27  WRITING  SIGNED  BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
   28  BY THE DIVISION AND THE DIVISION SHALL ENTER  THE  INFORMATION  INTO  AN
   29  APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   30    S  168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
   31  ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED  TO
   32  REGISTER  UNDER  THIS  ARTICLE,  THE DIVISION SHALL NOTIFY THE LOCAL LAW
   33  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
   34  THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF  THE
   35  NEW PLACE OF RESIDENCE.
   36    S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
   37  SIXTY-EIGHT-CC  OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
   38  PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
   39  INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
   40  ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
   41  REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER  WITH
   42  THE  RELEVANT INFORMATION.   THE DIVISION SHALL DECIDE WHETHER THE NAMED
   43  PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON  INFORMATION
   44  FROM  THE  CALLER  PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
   45  STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR
   46  BIRTH  DATE,  ALONG  WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
   47  SECURITY NUMBER, HAIR COLOR,  EYE  COLOR,  HEIGHT,  WEIGHT,  DISTINCTIVE
   48  MARKINGS,  ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
   49  TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE.  IF  THREE
   50  OF  THE  CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
   51  COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
   52  TION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION  TO
   53  THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
   54    2.  WHEN  THE  TELEPHONE  NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
   55  WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
   56    A. NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
       A. 928                              7
    1    B. THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
    2    C.  NOTICE  THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
    3  TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
    4  WRITTEN RECORD;
    5    D. NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF  AGE  OR
    6  OLDER;
    7    E.  A  WARNING  THAT IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH
    8  THE TELEPHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED  OR  TO
    9  ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   10    F.    NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH DATE, DRIV-
   11  ER'S LICENSE OR IDENTIFICATION NUMBER, OR ADDRESS OR  OTHER  IDENTIFYING
   12  INFORMATION  REGARDING  THE  PERSON  ABOUT WHOM INFORMATION IS SOUGHT IN
   13  ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   14    G. A STATEMENT THAT THE NUMBER IS NOT A CRIME  HOTLINE  AND  THAT  ANY
   15  SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
   16    S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
   17  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   18  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   19  AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
   20  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   21  BAD  FAITH.    THE  IMMUNITY  PROVIDED UNDER THIS SECTION APPLIES TO THE
   22  RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
   23  THE GENERAL PUBLIC.
   24    2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
   25  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   26  OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
   27  RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS ARTICLE UNLESS IT IS SHOWN
   28  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   29  BAD FAITH.
   30    S 168-MM. PENALTY. ANY OFFENDER REQUIRED  TO  REGISTER  OR  TO  VERIFY
   31  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE WHO FAILS TO REGISTER OR
   32  VERIFY IN THE MANNER AND WITHIN THE TIME  PERIODS  PROVIDED  FOR  HEREIN
   33  SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE FIRST
   34  OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
   35  GUILTY OF A CLASS D FELONY. ANY SUCH FAILURE TO REGISTER OR  VERIFY  MAY
   36  ALSO  BE  THE  BASIS  FOR  REVOCATION  OF PAROLE PURSUANT TO SECTION TWO
   37  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF
   38  PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
   39  LAW.
   40    S  168-NN.  UNAUTHORIZED  RELEASE  OF  INFORMATION.  THE  UNAUTHORIZED
   41  RELEASE  OF  ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B
   42  MISDEMEANOR.
   43    S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
   44  OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
   45  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
   46  ANY OTHER SECTION OR PART THEREOF.
   47    S 2. This act shall take effect on the first of November next succeed-
   48  ing the date on which it shall have become a law.