S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1463--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction -- recommitted to the Committee on Crime Victims, Crime and
         Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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 POSSESSION OF A FIREARM 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04300-06-4
       S. 1463--A                          2
    1          168-OO. SEPARABILITY.
    2    S 168-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
    3  THE "FELONY POSSESSION OF A FIREARM REGISTRATION ACT".
    4    S  168-BB.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
    5  NITIONS APPLY:
    6    1. "ANTIQUE FIREARM" MEANS  ANY  UNLOADED  MUZZLE  LOADING  PISTOL  OR
    7  REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP, OR SIMILAR TYPE OF
    8  IGNITION  SYSTEM,  OR  A  PISTOL OR REVOLVER WHICH USES FIXED CARTRIDGES
    9  WHICH ARE NO LONGER AVAILABLE IN THE  ORDINARY  CHANNELS  OF  COMMERCIAL
   10  TRADE.
   11    2. "ASSAULT WEAPON" MEANS:
   12    A.  A  SEMIAUTOMATIC  RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
   13  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   14    (I) A FOLDING OR TELESCOPING STOCK;
   15    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION  OF
   16  THE WEAPON;
   17    (III) A BAYONET MOUNT;
   18    (IV)  A  FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
   19  FLASH SUPPRESSOR;
   20    (V) A GRENADE LAUNCHER; OR
   21    B. A SEMIAUTOMATIC SHOTGUN THAT HAS AT  LEAST  TWO  OF  THE  FOLLOWING
   22  CHARACTERISTICS:
   23    (I) A FOLDING OR TELESCOPING STOCK;
   24    (II)  A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
   25  THE WEAPON;
   26    (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS;
   27    (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
   28    C. A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT  A  DETACHABLE
   29  MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS:
   30    (I)  AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE
   31  PISTOL GRIP;
   32    (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL  EXTENDER,  FLASH
   33  SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
   34    (III)  A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
   35  CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE  FIREARM  WITH
   36  THE NONTRIGGER HAND WITHOUT BEING BURNED;
   37    (IV)  A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
   38  UNLOADED;
   39    (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM;
   40  OR
   41    D. ANY OF THE WEAPONS, OR FUNCTIONING  FRAMES  OR  RECEIVERS  OF  SUCH
   42  WEAPONS,  OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
   43  AS:
   44    (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
   45  MODELS);
   46    (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
   47    (III) BERETTA AR70 (SC-70);
   48    (IV) COLT AR-15;
   49    (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
   50    (VI) SWD M-10, M-11, M-11/9, AND M-12;
   51    (VII) STEYR AUG;
   52    (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
   53    (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO)  THE  STREET
   54  SWEEPER AND STRIKER 12;
   55    E. PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
       S. 1463--A                          3
    1    (I)  ANY  RIFLE,  SHOTGUN  OR  PISTOL THAT (A) IS MANUALLY OPERATED BY
    2  BOLT, PUMP, LEVER OR SLIDE ACTION; (B)  HAS  BEEN  RENDERED  PERMANENTLY
    3  INOPERABLE;  OR  (C)  IS  AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921
    4  (A)(16);
    5    (II)  A  SEMIAUTOMATIC  RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
    6  THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
    7    (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN  FIVE  ROUNDS
    8  OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;
    9    (IV)  A  RIFLE,  SHOTGUN OR PISTOL, OR A REPLICA OR DUPLICATE THEREOF,
   10  SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH  WEAPON  WAS
   11  MANUFACTURED  ON  OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
   12  FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
   13  MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR
   14    (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A  SEMIAUTOMATIC
   15  PISTOL  OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
   16  LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINE-
   17  TY-FOUR.
   18    3. "CONVICTION" MEANS THE ENTRY OF A PLEA OF GUILTY TO, OR  A  VERDICT
   19  OF  GUILTY UPON, AN ACCUSATORY INSTRUMENT OTHER THAN A FELONY COMPLAINT,
   20  OR TO ONE OR MORE COUNTS OF SUCH INSTRUMENT.
   21    4. "DISGUISED GUN"  MEANS  ANY  WEAPON  OR  DEVICE  CAPABLE  OF  BEING
   22  CONCEALED  ON THE PERSON FROM WHICH A SHOT CAN BE DISCHARGED THROUGH THE
   23  ENERGY OF AN EXPLOSIVE AND IS DESIGNED AND  INTENDED  TO  APPEAR  TO  BE
   24  SOMETHING OTHER THAN A GUN.
   25    5. "FIREARM" MEANS (A) ANY PISTOL OR REVOLVER; OR (B) A SHOTGUN HAVING
   26  ONE  OR MORE BARRELS LESS THAN EIGHTEEN INCHES IN LENGTH; OR (C) A RIFLE
   27  HAVING ONE OR MORE BARRELS LESS THAN SIXTEEN INCHES IN  LENGTH;  OR  (D)
   28  ANY WEAPON MADE FROM A SHOTGUN OR RIFLE WHETHER BY ALTERATION, MODIFICA-
   29  TION, OR OTHERWISE IF SUCH WEAPON AS ALTERED, MODIFIED, OR OTHERWISE HAS
   30  AN  OVERALL  LENGTH  OF  LESS  THAN TWENTY-SIX INCHES; OR (E) AN ASSAULT
   31  WEAPON. FOR THE PURPOSE OF THIS SUBDIVISION THE LENGTH OF THE BARREL  ON
   32  A SHOTGUN OR RIFLE SHALL BE DETERMINED BY MEASURING THE DISTANCE BETWEEN
   33  THE  MUZZLE  AND THE FACE OF THE BOLT, BREECH, OR BREECHLOCK WHEN CLOSED
   34  AND WHEN THE SHOTGUN OR RIFLE IS COCKED; THE OVERALL LENGTH OF A  WEAPON
   35  MADE FROM A SHOTGUN OR RIFLE IS THE DISTANCE BETWEEN THE EXTREME ENDS OF
   36  THE  WEAPON  MEASURED  ALONG  A  LINE PARALLEL TO THE CENTER LINE OF THE
   37  BORE. FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM.
   38    6. "FIREARM SILENCER" MEANS  ANY  INSTRUMENT,  ATTACHMENT,  WEAPON  OR
   39  APPLIANCE  FOR  CAUSING THE FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER
   40  FIREARMS TO BE SILENT, OR INTENDED TO LESSEN OR MUFFLE THE NOISE OF  THE
   41  FIRING OF ANY GUN, REVOLVER, PISTOL OR OTHER FIREARMS.
   42    7.  "GUN  POSSESSION  OFFENDER  OR  OFFENDER"  MEANS ANY PERSON WHO IS
   43  CONVICTED OF OR HAS A CONVICTION FOR AN ATTEMPT TO  COMMIT  ANY  OF  THE
   44  PROVISIONS  OF  SECTION  265.02,  265.03 OR 265.04 OF THE PENAL LAW. ANY
   45  CONVICTION SET ASIDE PURSUANT  TO  LAW  IS  NOT  A  CONVICTION  FOR  THE
   46  PURPOSES OF THIS ARTICLE.
   47    8.  "LOADED  FIREARM"  MEANS ANY FIREARM LOADED WITH AMMUNITION OR ANY
   48  FIREARM WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
   49  QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH FIREARM.
   50    9.  "MACHINE-GUN"  MEANS  A WEAPON OF ANY DESCRIPTION, IRRESPECTIVE OF
   51  SIZE, BY WHATEVER NAME KNOWN, LOADED OR UNLOADED, FROM WHICH A NUMBER OF
   52  SHOTS OR BULLETS MAY BE RAPIDLY OR AUTOMATICALLY DISCHARGED FROM A MAGA-
   53  ZINE WITH ONE CONTINUOUS PULL OF THE TRIGGER AND INCLUDES A  SUB-MACHINE
   54  GUN.
   55    10. "RIFLE" MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE, AND
   56  INTENDED  TO  BE  FIRED FROM THE SHOULDER AND DESIGNED OR REDESIGNED AND
       S. 1463--A                          4
    1  MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN  A  FIXED  METALLIC
    2  CARTRIDGE  TO  FIRE  ONLY  A SINGLE PROJECTILE THROUGH A RIFLED BORE FOR
    3  EACH SINGLE PULL OF THE TRIGGER.
    4    11.  "SEMIAUTOMATIC"  MEANS  ANY  REPEATING  RIFLE, SHOTGUN OR PISTOL,
    5  REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF  THE
    6  ENERGY  OF  A  FIRING  CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
    7  CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND,  AND  WHICH  REQUIRES  A
    8  SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
    9    12.  "SHOTGUN"  MEANS A WEAPON DESIGNED OR REDESIGNED, MADE OR REMADE,
   10  AND INTENDED TO BE FIRED FROM THE SHOULDER AND  DESIGNED  OR  REDESIGNED
   11  AND MADE OR REMADE TO USE THE ENERGY OF THE EXPLOSIVE IN A FIXED SHOTGUN
   12  SHELL  TO  FIRE  THROUGH A SMOOTH BORE EITHER A NUMBER OF BALL SHOT OR A
   13  SINGLE PROJECTILE FOR EACH SINGLE PULL OF THE TRIGGER.
   14    13. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   15    S 168-CC. DUTIES OF THE DIVISION;  REGISTRATION  INFORMATION.  1.  THE
   16  DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
   17  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
   18  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
   19    A.  THE  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
   20  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS  AND/OR
   21  EXPECTED PLACE OF DOMICILE.
   22    B.  A  PHOTOGRAPH  AND SET OF FINGERPRINTS. THE DIVISION SHALL, DURING
   23  THE PERIOD OF REGISTRATION, UPDATE  SUCH  PHOTOGRAPH  ONCE  EVERY  THREE
   24  YEARS.  THE  DIVISION  SHALL  NOTIFY THE OFFENDER BY MAIL OF THE DUTY TO
   25  APPEAR AND BE PHOTOGRAPHED  AT  THE  SPECIFIED  LAW  ENFORCEMENT  AGENCY
   26  HAVING  JURISDICTION.  SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY
   27  DAYS AND NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS  REQUIRED  TO
   28  BE TAKEN.
   29    C.  A DESCRIPTION OF THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED,
   30  THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   31    D. THE NAME AND ADDRESS OF ANY  INSTITUTION  OF  HIGHER  EDUCATION  AT
   32  WHICH  THE OFFENDER IS OR EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED,
   33  WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH OFFENDER RESIDES IN OR
   34  WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION.
   35    E. ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   36    2. A. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
   37  REGIONAL OR NATIONAL REGISTRY OF OFFENDERS FOR THE  PURPOSE  OF  SHARING
   38  INFORMATION.  THE  DIVISION  SHALL  ACCEPT  FILES  FROM  ANY REGIONAL OR
   39  NATIONAL REGISTRY OF OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE  WHEN
   40  REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   41    B.  THE  DIVISION  SHALL  REQUIRE  THAT NO INFORMATION INCLUDED IN THE
   42  REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
   43  PROVISIONS OF THIS ARTICLE.
   44    3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
   45  MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
   46  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
   47  BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE OFFENDER
   48  OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   49    4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
   50  LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
   51  MENTS.
   52    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   53  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-KK OF THIS ARTICLE.
   54    6. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
   55  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
       S. 1463--A                          5
    1    7.  THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME AN OFFEN-
    2  DER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR  HER  STATUS
    3  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
    4  HIGHER EDUCATION AS REQUIRED BY SUBDIVISION THREE OF SECTION ONE HUNDRED
    5  SIXTY-EIGHT-GG OF THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
    6  THE OFFENDER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH
    7  FEES INTO THE GENERAL FUND.
    8    S  168-DD.  OFFENDER;  RELOCATION;  NOTIFICATION.  IN  THE CASE OF ANY
    9  OFFENDER ON PROBATION, IT SHALL BE THE DUTY OF THE OFFENDER'S  PROBATION
   10  OFFICER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE
   11  OF  RESIDENCE  ON  A  FORM  PROVIDED BY THE DIVISION.   IF SUCH OFFENDER
   12  CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE,  EMPLOYMENT  OR
   13  RESIDENCE  AT  ANY  INSTITUTION  OF HIGHER EDUCATION WHILE ON PROBATION,
   14  SUCH NOTIFICATION  OF  THE  CHANGE  OF  STATUS  SHALL  BE  SENT  BY  THE
   15  OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON
   16  A FORM PROVIDED BY THE DIVISION.
   17    S 168-EE. DUTIES OF THE COURT.  UPON CONVICTION OF ANY OF THE OFFENSES
   18  SET  FORTH IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-BB OF
   19  THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS AN OFFENDER  AND
   20  SHALL  INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT, IF ANY, AND
   21  JUDGMENT OF CONVICTION.  THE COURT SHALL ALSO ADVISE THE OFFENDER OF HIS
   22  OR HER DUTIES UNDER THIS ARTICLE.  FAILURE TO INCLUDE THE  CERTIFICATION
   23  IN  THE  ORDER  OF  COMMITMENT  OR  THE JUDGMENT OF CONVICTION SHALL NOT
   24  RELIEVE AN OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
   25    S 168-FF. DISCHARGE OF OFFENDER FROM CORRECTIONAL FACILITY; DUTIES  OF
   26  OFFICIAL  IN CHARGE.   ANY OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED
   27  TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL  CORREC-
   28  TIONAL  FACILITY  OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMIT-
   29  TED, SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE  OR
   30  RELEASE,  BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE,
   31  BY THE FACILITY IN WHICH HE OR SHE  WAS  CONFINED  OR  COMMITTED.    THE
   32  FACILITY SHALL REQUIRE THE OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE
   33  REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
   34  FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER AND  TO  COMPLETE  THE
   35  REGISTRATION  PORTION  OF SUCH FORM.   THE FACILITY SHALL OBTAIN ON SUCH
   36  FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE UPON  HIS  OR  HER
   37  DISCHARGE OR PAROLE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
   38  ER EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING
   39  OR  EMPLOYED,  WHETHER  FOR  COMPENSATION  OR NOT, AND WHETHER HE OR SHE
   40  EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY  SUCH  AN  INSTITU-
   41  TION,  AND  SHALL REPORT SUCH INFORMATION TO THE DIVISION.  THE FACILITY
   42  SHALL GIVE ONE COPY OF THE FORM TO THE OFFENDER,  RETAIN  ONE  COPY  AND
   43  SHALL  SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
   44  TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION.  THE FACILITY SHALL
   45  GIVE THE OFFENDER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH  THE
   46  DIVISION  AT  LEAST FIFTEEN CALENDAR DAYS PRIOR TO RELEASE AND SUCH FORM
   47  SHALL BE COMPLETED, SIGNED BY THE OFFENDER AND SENT TO THE  DIVISION  BY
   48  THE  FACILITY  AT  LEAST  TEN  DAYS  PRIOR  TO THE OFFENDER'S RELEASE OR
   49  DISCHARGE.
   50    S 168-GG. DUTY TO REGISTER AND TO VERIFY.  1. ANY OFFENDER  SHALL,  AT
   51  LEAST  TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO POST-RE-
   52  LEASE SUPERVISION OR RELEASE FROM ANY STATE OR LOCAL CORRECTIONAL FACIL-
   53  ITY OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR  COMMITTED,  REGISTER
   54  WITH THE DIVISION IN A FORM PREPARED BY THE DIVISION.
   55    2.  FOR  AN  OFFENDER  REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
   56  ANNIVERSARY OF THE OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERI-
       S. 1463--A                          6
    1  OD IN WHICH HE OR SHE IS REQUIRED TO REGISTER  UNDER  THIS  SECTION  THE
    2  FOLLOWING APPLIES:
    3    A. THE OFFENDER SHALL MAIL THE VERIFICATION FORM TO THE DIVISION WITH-
    4  IN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
    5    B.  THE  VERIFICATION  FORM SHALL BE SIGNED BY THE OFFENDER, AND STATE
    6  THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO  THE  DIVI-
    7  SION.
    8    C.  IF  THE OFFENDER FAILS TO MAIL THE SIGNED VERIFICATION FORM TO THE
    9  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE  OR  SHE
   10  SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR
   11  SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
   12    3.  ANY  OFFENDER  SHALL  REGISTER WITH THE DIVISION NO LATER THAN TEN
   13  CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF  HIS  OR  HER
   14  STATUS  OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTI-
   15  TUTION OF HIGHER EDUCATION. A FEE  OF  TEN  DOLLARS,  AS  AUTHORIZED  BY
   16  SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-CC OF THIS ARTICLE,
   17  SHALL BE SUBMITTED BY THE OFFENDER EACH TIME SUCH OFFENDER REGISTERS ANY
   18  CHANGE  OF  ADDRESS  OR  ANY  CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
   19  ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
   20  TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
   21  AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
   22  OF STATUS.
   23    4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
   24  BE APPLICABLE TO ANY OFFENDER WHOSE CONVICTION WAS REVERSED UPON  APPEAL
   25  OR WHO WAS PARDONED BY THE GOVERNOR.
   26    S  168-HH. DURATION OF REGISTRATION AND VERIFICATION REQUIREMENTS.  AN
   27  OFFENDER'S DUTY TO REGISTER AND VERIFY TERMINATES WHEN SUCH OFFENDER  IS
   28  DISCHARGED FROM PROBATION.
   29    S 168-II. REGISTRATION AND VERIFICATION REQUIREMENTS. REGISTRATION AND
   30  VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
   31  WRITING  SIGNED  BY THE OFFENDER GIVING THE INFORMATION THAT IS REQUIRED
   32  BY THE DIVISION AND THE DIVISION SHALL ENTER  THE  INFORMATION  INTO  AN
   33  APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   34    S  168-JJ. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
   35  ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY AN OFFENDER REQUIRED  TO
   36  REGISTER  UNDER  THIS  ARTICLE,  THE DIVISION SHALL NOTIFY THE LOCAL LAW
   37  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE AND
   38  THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE OFFENDER LAST RESIDED OF  THE
   39  NEW PLACE OF RESIDENCE.
   40    S 168-KK. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
   41  SIXTY-EIGHT-CC  OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
   42  PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  AND
   43  INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS
   44  ARTICLE  IS  LISTED. THE DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON
   45  REASONABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE CALLER  WITH
   46  THE  RELEVANT INFORMATION.   THE DIVISION SHALL DECIDE WHETHER THE NAMED
   47  PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON  INFORMATION
   48  FROM  THE  CALLER  PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN EXACT
   49  STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE  NUMBER  OR
   50  BIRTH  DATE,  ALONG  WITH ADDITIONAL INFORMATION THAT MAY INCLUDE SOCIAL
   51  SECURITY NUMBER, HAIR COLOR,  EYE  COLOR,  HEIGHT,  WEIGHT,  DISTINCTIVE
   52  MARKINGS,  ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED CHARAC-
   53  TERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE.  IF  THREE
   54  OF  THE  CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND EYE
   55  COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY INFORMA-
       S. 1463--A                          7
    1  TION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION  TO
    2  THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE DIVISION.
    3    2.  WHEN  THE  TELEPHONE  NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED
    4  WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
    5    A. NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
    6    B. THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
    7    C. NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF  OR  HERSELF
    8  TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
    9  WRITTEN RECORD;
   10    D.  NOTICE  THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
   11  OLDER;
   12    E. A WARNING THAT IT IS ILLEGAL TO USE  INFORMATION  OBTAINED  THROUGH
   13  THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
   14  ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   15    F.  NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
   16  ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
   17  INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
   18  ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   19    G.  A  STATEMENT  THAT  THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
   20  SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES.
   21    S 168-LL. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
   22  WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
   23  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   24  AND  NECESSARY  INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT IS SHOWN
   25  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   26  BAD FAITH.   THE IMMUNITY PROVIDED UNDER THIS  SECTION  APPLIES  TO  THE
   27  RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
   28  THE GENERAL PUBLIC.
   29    2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
   30  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   31  OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
   32  RELEASE INFORMATION AS AUTHORIZED IN THIS ARTICLE  UNLESS  IT  IS  SHOWN
   33  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   34  BAD FAITH.
   35    S  168-MM.  PENALTY.  ANY  OFFENDER  REQUIRED TO REGISTER OR TO VERIFY
   36  PURSUANT TO THE PROVISIONS OF THIS ARTICLE  WHO  FAILS  TO  REGISTER  OR
   37  VERIFY  IN  THE  MANNER  AND WITHIN THE TIME PERIODS PROVIDED FOR HEREIN
   38  SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR  THE  FIRST
   39  OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE
   40  GUILTY  OF  A CLASS D FELONY. ANY SUCH FAILURE TO REGISTER OR VERIFY MAY
   41  ALSO BE THE BASIS FOR REVOCATION  OF  PAROLE  PURSUANT  TO  SECTION  TWO
   42  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF
   43  PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
   44  LAW.
   45    S  168-NN.  UNAUTHORIZED  RELEASE  OF  INFORMATION.  THE  UNAUTHORIZED
   46  RELEASE OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A  CLASS  B
   47  MISDEMEANOR.
   48    S 168-OO. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THERE-
   49  OF SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
   50  SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
   51  ANY OTHER SECTION OR PART THEREOF.
   52    S 2. This act shall take effect on the first of November next succeed-
   53  ing the date on which it shall have become a law.