|SAME AS||SAME AS S00064|
|COSPNSR||Cusick, Ortiz, Miller MG, Benedetto, Simotas, Paulin, Galef, Bronson, Zebrowski, Lupardo, Titus, Englebright, Gunther, Graf, Rosenthal, Colton, Perry, Skoufis, Kolb|
|MLTSPNSR||Abbate, Arroyo, Crespo, Giglio, Hikind, Malliotakis, McDonough, Ra, Thiele|
|Add §§195.03 & 195.04, Pen L; add Art 6-D §§169 - 169-s, Cor L; add §530.15, amd §530.12, CP L;|
|Enacts Daniella DiMedici, Jessica Tush and Brittany Passalacqua's Law; establishes the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; creates a registry for domestic abuse offenders; defines domestic abuse offender; allows discretion of the court to place offender on registry.|
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STATE OF NEW YORK ________________________________________________________________________ 7312 2017-2018 Regular Sessions IN ASSEMBLY April 21, 2017 ___________ Introduced by M. of A. TITONE, CUSICK, ORTIZ, M. G. MILLER, BENEDETTO, SIMOTAS, PAULIN, GALEF, BRONSON, ZEBROWSKI, LUPARDO, TITUS, ENGLE- BRIGHT, GUNTHER, GRAF, ROSENTHAL, COLTON, PERRY, SKOUFIS, KOLB -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, CRESPO, GIGLIO, HIKIND, MALLIOTAKIS, McDONOUGH, RA, THIELE -- read once and referred to the Committee on Correction AN ACT to amend the penal law, in relation to establishing the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; to amend the correction law, in relation to enacting "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's Law"; and to amend the criminal procedure law, in relation to domestic abuse offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding two new sections 195.03 2 and 195.04 to read as follows: 3 § 195.03 Failure to register or verify as a domestic abuse offender in 4 the second degree. 5 A person is guilty of failure to register or verify as a domestic 6 abuse offender in the second degree when, being a domestic abuse offen- 7 der required to register or verify pursuant to article six-D of the 8 correction law, he or she fails to register or verify in the manner and 9 within the time periods provided for in such article. 10 Failure to register or verify as a domestic abuse offender in the 11 second degree is a class E felony. 12 § 195.04 Failure to register or verify as a domestic abuse offender in 13 the first degree. 14 A person is guilty of failure to register or verify as a domestic 15 abuse offender in the first degree when he or she commits the crime of 16 failure to register or verify as a domestic abuse offender in the second 17 degree and has previously been convicted of failure to register or veri- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06155-01-7A. 7312 2 1 fy as a domestic abuse offender in the second degree as defined in 2 section 195.03 of this article. 3 Failure to register or verify as a domestic abuse offender in the 4 first degree is a class D felony. 5 § 2. The correction law is amended by adding a new article 6-D to read 6 as follows: 7 ARTICLE 6-D 8 DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW 9 Section 169. Short title. 10 169-a. Definitions. 11 169-b. Duties of the division; registration information. 12 169-c. Domestic abuse offender; relocation; notification. 13 169-d. Duties of the court. 14 169-e. Discharge of domestic abuse offender from correctional 15 facility; duties of official in charge. 16 169-f. Duty to register and to verify. 17 169-g. Prior convictions; duty to inform and register. 18 169-h. Duration of registration and verification. 19 169-i. Registration and verification requirements. 20 169-j. Notification of local law enforcement agencies of change 21 of address. 22 169-k. Registration for change of address from another state. 23 169-l. Petition for relief or modification. 24 169-m. Special telephone number. 25 169-n. Directory; internet posting. 26 169-o. Immunity from liability. 27 169-p. Annual report. 28 169-q. Failure to register; penalty. 29 169-r. Unauthorized release of information. 30 169-s. Separability. 31 § 169. Short title. This article shall be known and may be cited as 32 "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's law". 33 § 169-a. Definitions. As used in this article, the following defi- 34 nitions apply: 35 1. "Domestic abuse offender" includes any person who (a) is convicted 36 of any of the offenses set forth in subdivision two of this section. 37 Convictions that result from or are connected with the same act, or 38 result from offenses committed at the same time, shall be counted for 39 the purpose of this article as one conviction. Any conviction set aside 40 pursuant to law is not a conviction for purposes of this article; or (b) 41 has been determined by the court to be a domestic abuse offender by a 42 court pursuant to section 530.15 or paragraph (c) of subdivision one of 43 section 530.12 of the criminal procedure law. 44 2. "Domestic abuse offense" means: 45 (a) disorderly conduct, criminal obstruction of breathing or blood 46 circulation, strangulation in the first degree, strangulation in the 47 second degree, harassment in the first degree, harassment in the second 48 degree, aggravated harassment in the second degree, stalking in the 49 first degree, stalking in the second degree, stalking in the third 50 degree, stalking in the fourth degree, criminal mischief, menacing in 51 the second degree, menacing in the third degree, reckless endangerment, 52 assault in the second degree, assault in the third degree or an 53 attempted assault between spouses or former spouses, or between parent 54 and child or between members of the same family or household except that 55 if the respondent would not be criminally responsible by reason of age 56 pursuant to section 30.00 of the penal law. For purposes of thisA. 7312 3 1 section, "disorderly conduct" includes disorderly conduct not in a 2 public place; or 3 (b) a conviction of (i) an offense in any other jurisdiction which 4 includes all of the essential elements of any such crime provided for in 5 paragraph (a) of this subdivision or (ii) a felony in any other juris- 6 diction for which the offender is required to register as a domestic 7 abuse offender in the jurisdiction in which the conviction occurred, 8 provided that the elements of such crime of conviction are substantially 9 the same as those which are a part of such offense as of the date on 10 which this section takes effect. 11 3. For purposes of this section, "members of the same family or house- 12 hold" with respect to a proceeding in the criminal courts shall mean the 13 following: 14 (a) persons related by consanguinity or affinity; 15 (b) persons legally married to one another; 16 (c) persons formerly married to one another regardless of whether they 17 still reside in the same household; 18 (d) persons who have a child in common, regardless of whether such 19 persons have been married or have lived together at any time; 20 (e) persons who are not related by consanguinity or affinity and who 21 are or have been in an intimate relationship regardless of whether such 22 persons have lived together at any time. Factors the court may consider 23 in determining whether a relationship is an "intimate relationship" 24 include but are not limited to: the nature or type of relationship, 25 regardless of whether the relationship is sexual in nature; the frequen- 26 cy of interaction between the persons; and the duration of the relation- 27 ship. Neither a casual acquaintance nor ordinary fraternization between 28 two individuals in business or social contexts shall be deemed to 29 constitute an "intimate relationship"; and 30 (f) persons residing together continually or at regular intervals, 31 currently or in the past. 32 4. "Law enforcement agency having jurisdiction" means: 33 (a) (i) the chief law enforcement officer in the village, town or city 34 in which the domestic abuse offender expects to reside upon his or her 35 discharge, probation, parole, release to post-release supervision or 36 upon any form of state or local conditional release; or (ii) if there be 37 no chief law enforcement officer in such village, town or city, the 38 chief law enforcement officer of the county in which the offender 39 expects to reside; or (iii) if there be no chief enforcement officer in 40 such village, town, city or county, the division of state police; and 41 (b) in the case of a domestic abuse offender who is or expects to be 42 employed by, enrolled in, attending or employed, whether for compen- 43 sation or not, at an institution of higher education: (i) the chief law 44 enforcement officer in the village, town or city in which such institu- 45 tion is located; or (ii) if there be no chief law enforcement officer in 46 such village, town or city, the chief law enforcement officer of the 47 county in which such institution is located; or (iii) if there be no 48 chief law enforcement officer in such village, town, city or county, the 49 division of state police; and (iv) if such institution operates or 50 employs a campus law enforcement or security agency, the chief of such 51 agency. 52 5. "Division" means the division of criminal justice services as 53 defined by section eight hundred thirty-five of the executive law. 54 6. "Local correctional facility" means a local correctional facility 55 as that term is defined in subdivision sixteen of section two of this 56 chapter.A. 7312 4 1 7. "Probation" means a sentence of probation imposed pursuant to arti- 2 cle sixty-five of the penal law and shall include a sentence of impri- 3 sonment imposed in conjunction with a sentence of probation. 4 8. "Nonresident worker" means any person required to register as a 5 domestic abuse offender in another jurisdiction who is employed or 6 carries on a vocation in this state, on either a full-time or a part- 7 time basis, with or without compensation, for more than fourteen consec- 8 utive days, or for an aggregate period exceeding thirty days in a calen- 9 dar year. 10 9. "Nonresident student" means a person required to register as a 11 domestic abuse offender in another jurisdiction who is enrolled on a 12 full-time or part-time basis in any public or private educational insti- 13 tution in this state including any secondary school, trade or profes- 14 sional institution or institution of higher education. 15 § 169-b. 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 domestic abuse offender's name, all aliases used, date of 20 birth, sex, race, height, weight, eye color, driver's license number, 21 and home address and/or expected place of domicile. 22 (b) A photograph and set of fingerprints. 23 (c) A description of the offense for which the domestic abuse offender 24 was convicted, the date of conviction and the sentence imposed. 25 (d) The name and address of any institution of higher education at 26 which the domestic abuse offender is or expects to be enrolled, attend- 27 ing or employed, whether for compensation or not, and whether such 28 domestic abuse offender resides in or will reside in a facility owned or 29 operated by such institution. 30 (e) Any other information deemed pertinent by the division. 31 2. (a) The division is authorized to make the registry available to 32 any regional or national registry of domestic abuse offenders for the 33 purpose of sharing information. The division shall accept files from any 34 regional or national registry of domestic abuse offenders and shall make 35 such files available when requested pursuant to the provisions of this 36 article. 37 (b) The division shall require that no information included in the 38 registry shall be made available except in the furtherance of the 39 provisions of this article. 40 3. The division shall develop a standardized registration form to be 41 made available to the appropriate authorities and promulgate rules and 42 regulations to implement the provisions of this section. Such form shall 43 be written in clear and concise language and shall advise the domestic 44 abuse offender of his or her duties and obligations under this article. 45 4. The division shall mail a nonforwardable verification form to the 46 last reported address of the person for annual verification require- 47 ments. 48 5. The division shall establish and operate a telephone number as 49 provided for in section one hundred sixty-nine-m of this article. 50 6. The division shall establish a directory pursuant to section one 51 hundred sixty-nine-n of this article. 52 7. The division shall establish a public awareness campaign to advise 53 the public of the provisions of this article. 54 8. (a) The division shall charge an administrative fee to a domestic 55 abuse offender to cover the cost of inclusion on the registry. Such feeA. 7312 5 1 shall be set at a reasonable rate to be determined periodically by the 2 division. 3 (b) The division shall charge a fee of ten dollars each time a domes- 4 tic abuse offender registers any change of address or any change of his 5 or her status of enrollment, attendance, employment or residence at any 6 institution of higher education as required by subdivision three of 7 section one hundred sixty-nine-f of this article. The fee shall be paid 8 to the division by the domestic abuse offender. The state comptroller is 9 hereby authorized to deposit such fees into the general fund. 10 § 169-c. Domestic abuse offender; relocation; notification. 1. In the 11 case of any domestic abuse offender, it shall be the duty of the depart- 12 ment or local correctional facility at least ten calendar days prior to 13 the release or discharge of any domestic abuse offender from a correc- 14 tional facility or local correctional facility to notify the division of 15 the contemplated release or discharge of such domestic abuse offender, 16 informing the division in writing on a form provided by the division 17 indicating the address at which he or she proposes to reside and the 18 name and address of any institution of higher education at which he or 19 she expects to be enrolled, attending or employed, whether for compen- 20 sation or not, and whether he or she resides in or will reside in a 21 facility owned or operated by such institution. If such domestic abuse 22 offender changes his or her place of residence while on parole, such 23 notification of the change of residence shall be sent by the domestic 24 abuse offender's parole officer within forty-eight hours to the division 25 on a form provided by the division. If such domestic abuse offender 26 changes the status of his or her enrollment, attendance, employment or 27 residence at any institution of higher education while on parole, such 28 notification of the change of status shall be sent by the domestic abuse 29 offender's parole officer within forty-eight hours to the division on a 30 form provided by the division. 31 2. In the case of any domestic abuse offender on probation, it shall 32 be the duty of the domestic abuse offender's probation officer to notify 33 the division within forty-eight hours of the new place of residence on a 34 form provided by the division. If such domestic abuse offender changes 35 the status of his or her enrollment, attendance, employment or residence 36 at any institution of higher education while on probation, such notifi- 37 cation of the change of status shall be sent by the domestic abuse 38 offender's probation officer within forty-eight hours to the division on 39 a form provided by the division. 40 3. In the case in which any domestic abuse offender escapes from a 41 state or local correctional facility, the designated official of the 42 facility where the domestic abuse offender was confined shall notify 43 within twenty-four hours the law enforcement agency having had jurisdic- 44 tion at the time of his or her conviction, informing such law enforce- 45 ment agency of the name and aliases of the domestic abuse offender, and 46 the address at which he or she resided at the time of his or her 47 conviction, the amount of time remaining to be served, if any, on the 48 full term for which he or she was sentenced, and the nature of the crime 49 for which he or she was sentenced, transmitting at the same time a copy 50 of such domestic abuse offender's fingerprints and photograph and a 51 summary of his or her criminal record. 52 4. The division shall provide general information, in registration 53 materials and annual correspondence, to registrants concerning notifica- 54 tion and registration procedures that may apply if the registrant is 55 authorized to relocate and relocates to another state or United States 56 possession, or commences employment or attendance at an educationalA. 7312 6 1 institution in another state or United States possession. Such informa- 2 tion shall include addresses and telephone numbers for relevant agencies 3 from which additional information may be obtained. 4 § 169-d. Duties of the court. 1. Upon conviction of any of the 5 offenses set forth in subdivision two of section one hundred 6 sixty-nine-a of this article the court shall certify that the person is 7 a domestic abuse offender and shall include the certification in the 8 judgment of conviction. The court shall also advise the domestic abuse 9 offender of his or her duties under this article. Failure to include the 10 certification in the judgment of conviction shall not relieve a domestic 11 abuse offender of the obligations imposed by this article. 12 2. Any domestic abuse offender who has been convicted of a violent 13 felony or two or more misdemeanors against a person who is a member of 14 such offender's family or household as defined in section 530.12 of the 15 criminal procedure law, who is released on probation or discharged upon 16 payment of a fine, conditional discharge or unconditional discharge 17 shall, prior to such release or discharge, be informed of his or her 18 duty to register under this article by the court in which he or she was 19 convicted. At the time sentence is imposed, such domestic abuse offender 20 shall register with the division on a form prepared by the division. The 21 court shall require the domestic abuse offender to read and sign such 22 form and to complete the registration portion of such form. The court 23 shall on such form obtain the address where the domestic abuse offender 24 expects to reside upon his or her release, and the name and address of 25 any institution of higher education he or she expects to be employed by, 26 enrolled in, attending or employed, whether for compensation or not, and 27 whether he or she expects to reside in a facility owned or operated by 28 such an institution, and shall report such information to the division. 29 The court shall give one copy of the form to the domestic abuse offender 30 and shall send two copies to the division which shall forward the infor- 31 mation to the law enforcement agencies having jurisdiction. Where the 32 court orders a domestic abuse offender released on probation, such order 33 must include a provision requiring that he or she comply with the 34 requirements of this article. Where such domestic abuse offender 35 violates such provision, probation may be immediately revoked in the 36 manner provided by article four hundred ten of the criminal procedure 37 law. 38 3. Notwithstanding any other provision of law to the contrary, it 39 shall be in the courts discretion to require an offender to register 40 pursuant to this article. In determining whether an offender should be 41 on the registry, a judge shall consider, among other things, whether the 42 offender is a victim who was defending himself or herself and the 43 offender's history of and propensity for violence. In addition, a judge 44 may require a threat assessment of future risk, utilizing methods such 45 as a Domestic Violence MOSAIC, a Danger Assessment, a Domestic Violence 46 Screening Instrument or a Kingston Screening Instrument for Domestic 47 Violence or other threat assessment as the court may deem appropriate. 48 4. The court shall provide reasonable opportunity to a victim to 49 object to an offender's inclusion in the registry and shall take such 50 information into account while determining the offender's inclusion 51 pursuant to subdivision three of this section. 52 § 169-e. Discharge of domestic abuse offender from correctional facil- 53 ity; duties of official in charge. 1. Any domestic abuse offender, to be 54 discharged, paroled, released to post-release supervision or released 55 from any state or local correctional facility, shall at least fifteen 56 calendar days prior to discharge, parole or release, be informed of hisA. 7312 7 1 or her duty to register under this article, by the facility in which he 2 or she was confined. The facility shall require the domestic abuse 3 offender to read and sign such form as may be required by the division 4 stating the duty to register and the procedure for registration has been 5 explained to him or her and to complete the registration portion of such 6 form. The facility shall obtain on such form the address where the 7 domestic abuse offender expects to reside upon his or her discharge, 8 parole or release and the name and address of any institution of higher 9 education he or she expects to be employed by, enrolled in, attending or 10 employed, whether for compensation or not, and whether he or she expects 11 to reside in a facility owned or operated by such an institution, and 12 shall report such information to the division. The facility shall give 13 one copy of the form to the domestic abuse offender, retain one copy and 14 shall send one copy to the division which shall provide the information 15 to the law enforcement agencies having jurisdiction. The facility shall 16 give the domestic abuse offender a form prepared by the division, to 17 register with the division at least fifteen calendar days prior to 18 release and such form shall be completed, signed by the domestic abuse 19 offender and sent to the division by the facility at least ten days 20 prior to the domestic abuse offender's release or discharge. 21 2. The division shall also immediately transmit the conviction data 22 and fingerprints to the Federal Bureau of Investigation if not already 23 obtained. 24 § 169-f. Duty to register and to verify. 1. Any domestic abuse offen- 25 der shall (a) at least ten calendar days prior to discharge, parole, 26 release to post-release supervision or release from any state or local 27 correctional facility where he or she was confined, or (b) if released 28 on probation or discharged upon payment of a fine, conditional discharge 29 or unconditional discharge, at the time sentence is imposed, register 30 with the division on a form prepared by the division. 31 2. Any domestic abuse offender required to register under this article 32 shall on or before each anniversary of the domestic abuse offender's 33 initial registration date during the period in which he or she is 34 required to register verify that he or she still resides at the address 35 last reported to the division. 36 3. Any domestic abuse offender shall register with the division no 37 later than ten calendar days after any change of address or any change 38 of his or her status of enrollment, attendance, employment or residence 39 at any institution of higher education. A fee of ten dollars, as author- 40 ized by subdivision eight of section one hundred sixty-nine-b of this 41 article, shall be submitted by the domestic abuse offender each time 42 such domestic abuse offender registers any change of address or any 43 change of his or her status of enrollment, attendance, employment or 44 residence at any institution of higher education. Any failure or omis- 45 sion to submit the required fee shall not affect the acceptance by the 46 division of the change of address or change of status. 47 4. The duty to register under the provisions of this article shall not 48 be applicable to any domestic abuse offender whose conviction was 49 reversed upon appeal or who was pardoned by the governor. 50 5. Any nonresident worker or nonresident student, as defined in subdi- 51 visions eight and nine of section one hundred sixty-nine-a of this arti- 52 cle, shall register his or her current address and the address of his or 53 her place of employment or educational institution attended with the 54 division within ten calendar days after such nonresident worker or 55 nonresident student commences employment or attendance at an educational 56 institution in the state. Any nonresident worker or nonresident studentA. 7312 8 1 shall notify the division of any change of residence, employment or 2 educational institution address no later than ten days after such 3 change. The division shall notify the law enforcement agency where the 4 nonresident worker is employed or the educational institution is located 5 that a nonresident worker or nonresident student is present in that 6 agency's jurisdiction. 7 § 169-g. Prior convictions; duty to inform and register. 1. Every 8 domestic abuse offender who on the effective date of this article is 9 then on parole or probation for an offense provided for in subdivision 10 two of section one hundred sixty-nine-a of this article shall within 11 thirty calendar days of such effective date register with his or her 12 parole or probation officer. Any domestic abuse offender who fails or 13 refuses to so comply shall be subject to the same penalties as otherwise 14 provided for in this article which would be imposed upon a domestic 15 abuse offender who fails or refuses to so comply with the provisions of 16 this article on or after such effective date. 17 2. It shall be the duty of the parole or probation officer to inform 18 and register such domestic abuse offender according to the requirements 19 imposed by this article. A parole or probation officer shall give one 20 copy of the form to the domestic abuse offender and shall, within three 21 calendar days, send two copies electronically or otherwise to the divi- 22 sion which shall forward one copy electronically or otherwise to the law 23 enforcement agency having jurisdiction where the domestic abuse offender 24 resides upon his or her parole, probation, or upon any form of state or 25 local conditional release. 26 § 169-h. Duration of registration and verification. The duration of 27 registration and verification for a domestic abuse offender shall be for 28 a period of five to ten years from the initial date of registration, as 29 determined by the court, or while a permanent order of protection exists 30 against the domestic abuse offender whichever is longer. 31 § 169-i. Registration and verification requirements. Registration and 32 verification as required by this article shall consist of a statement in 33 writing signed by the domestic abuse offender giving the information 34 that is required by the division and the division shall enter the infor- 35 mation into an appropriate electronic data base or file. 36 § 169-j. Notification of local law enforcement agencies of change of 37 address. 1. Upon receipt of a change of address by a domestic abuse 38 offender required to register under this article, the division shall 39 notify the local law enforcement agency having jurisdiction of the new 40 place of residence and the local law enforcement agency where the domes- 41 tic abuse offender last resided of the new place of residence. 42 2. The division shall, if the domestic abuse offender changes resi- 43 dence to another state, notify the appropriate agency within that state 44 of the new place of residence. 45 3. Upon receipt of a change in the status of the enrollment, attend- 46 ance, employment or residence at an institution of higher education by a 47 domestic abuse offender required to register under this article, the 48 division shall notify each law enforcement agency having jurisdiction 49 which is affected by such change. 50 § 169-k. Registration for change of address from another state. 1. A 51 domestic abuse offender who has been convicted of an offense which 52 requires registration under paragraph (b) of subdivision two of section 53 one hundred sixty-nine-a of this article shall notify the division of 54 the new address no later than ten calendar days after such domestic 55 abuse offender establishes residence in this state.A. 7312 9 1 2. The division shall undertake an information campaign designed to 2 provide information to officials and appropriate individuals in other 3 states and United States possessions concerning the notification proce- 4 dures required by this article. Such information campaign shall be ongo- 5 ing, and shall include, but not be limited to, letters, notice forms and 6 similar materials providing relevant information about this article and 7 the specific procedures required to effect notification. Such materials 8 shall include an address and telephone number which such officials and 9 individuals in other states and United States possessions may use to 10 obtain additional information. 11 § 169-l. Petition for relief or modification. Any domestic abuse 12 offender who is required to register or verify pursuant to this article 13 and who has been registered for a minimum period of ten years may be 14 relieved of any further duty to register upon the granting of a petition 15 for relief by the sentencing court or by the court which made the deter- 16 mination regarding duration of registration and level of notification. 17 The offender shall bear the burden of proving by clear and convincing 18 evidence that his or her risk of repeat offense and threat to public 19 safety is such that registration or verification is no longer necessary. 20 Such petition, if granted, shall not relieve the petitioner of the duty 21 to register pursuant to this article upon conviction of any offense 22 requiring registration in the future. Such a petition shall not be 23 considered more than once every two years. In the event that the domes- 24 tic abuse offender's petition for relief is granted, the district attor- 25 ney may appeal as of right from the order pursuant to the provisions of 26 articles fifty-five, fifty-six and fifty-seven of the civil practice law 27 and rules. Where counsel has been assigned to represent the domestic 28 abuse offender upon the ground that the domestic abuse offender is 29 financially unable to retain counsel, that assignment shall be continued 30 throughout the pendency of the appeal, and the person may appeal as a 31 poor person pursuant to article eighteen-B of the county law. 32 § 169-m. Special telephone number. 1. Pursuant to section one hundred 33 sixty-nine-b of this article, the division shall operate a telephone 34 number that members of the public may call free of charge and inquire 35 whether a named individual required to register pursuant to this article 36 is listed. The division shall ascertain whether a named person reason- 37 ably appears to be a person so listed and provide the caller with the 38 relevant information. The division shall decide whether the named person 39 reasonably appears to be a person listed, based upon information from 40 the caller providing information that shall include (a) an exact street 41 address, including apartment number, driver's license number or birth 42 date, along with additional information that may include social security 43 number, hair color, eye color, height, weight, distinctive markings, 44 ethnicity; or (b) any combination of the above listed characteristics if 45 an exact birth date or address is not available. If three of the charac- 46 teristics provided include ethnicity, hair color, and eye color, other 47 identifying characteristics shall be provided. Any information identify- 48 ing the victim by name, birth date, address or relation to the person 49 listed by the division shall be excluded by the division. 50 2. When the telephone number is called, a preamble shall be played 51 which shall provide the following information: 52 (a) notice that the caller's telephone number will be recorded; 53 (b) that there is no charge for use of the telephone number; 54 (c) notice that the caller is required to identify himself or herself 55 to the operator and provide a current address and that the call shall be 56 maintained in a written record;A. 7312 10 1 (d) a warning that it is illegal to use information obtained through 2 the telephone number to commit a crime against any person listed or to 3 engage in illegal discrimination or harassment against such person; 4 (e) notice that the caller is required to have the birth date, driv- 5 er's license or identification number, or address or other identifying 6 information regarding the person about whom information is sought in 7 order to achieve a positive identification of that person; and 8 (f) a statement that the number is not a crime hotline and that any 9 suspected criminal activity should be reported to local authorities. 10 3. Whenever there is reasonable cause to believe that any person or 11 group of persons is engaged in a pattern or practice of misuse of the 12 telephone number, the attorney general, any district attorney or any 13 person aggrieved by the misuse of the number is authorized to bring a 14 civil action in the appropriate court requesting preventive relief, 15 including an application for a permanent or temporary injunction, 16 restraining order or other order against the person or group of persons 17 responsible for the pattern or practice of misuse. The foregoing reme- 18 dies shall be independent of any other remedies or procedures that may 19 be available to an aggrieved party under other provisions of law. Such 20 person or group of persons shall be subject to a fine of not less than 21 five hundred dollars and not more than one thousand dollars. 22 4. The division shall submit to the legislature an annual report on 23 the operation of the telephone number. The annual report shall include, 24 but not be limited to, all of the following: 25 (a) number of calls received; 26 (b) a detailed outline of the amount of money expended and the manner 27 in which it was expended for purposes of this section; 28 (c) number of calls that resulted in an affirmative response and the 29 number of calls that resulted in a negative response with regard to 30 whether a named individual was listed; 31 (d) number of persons listed; and 32 (e) a summary of the success of the telephone number program based 33 upon selected factors. 34 § 169-n. Directory; internet posting. 1. The division shall maintain a 35 directory of domestic abuse offenders. The directory shall include the 36 address, address of the offender's place of employment and photograph of 37 the domestic abuse offender along with the following information, if 38 available: name, physical description, age and distinctive markings. The 39 directory shall have domestic abuse offender listings categorized by 40 county and zip code. A copy of the directory shall annually be distrib- 41 uted to the offices of local, village, town, city, county or state law 42 enforcement agencies for purposes of public access. The division shall 43 distribute monthly updates to the offices of local, village, town, city, 44 county or state law enforcement agencies for purposes of public access. 45 Such departments shall require that a person in writing provide their 46 name and address prior to viewing the directory. The directory provided 47 for in this section shall be updated monthly to maintain its efficiency 48 and usefulness and shall be computer accessible. Such directory shall be 49 made available at all times on the internet via the division homepage. 50 2. Every page of the division's website shall prominently display a 51 link to the website of the New York state office for the prevention of 52 domestic violence and the telephone number of the New York state domes- 53 tic violence hotline and shall also contain a caveat informing users 54 that a person who is not on the registry may still have a history of 55 violence or a propensity for violence and if the user suspects that aA. 7312 11 1 person he or she is involved with is dangerous, he or she should call 2 the hotline. 3 3. Any person who uses information disclosed pursuant to this section 4 in violation of the law shall in addition to any other penalty or fine 5 imposed, be subject to a fine of not less than five hundred dollars and 6 not more than one thousand dollars. Unauthorized removal or duplication 7 of the directory from the offices of a local, village or city police 8 department shall be punishable by a fine not to exceed one thousand 9 dollars. In addition, the attorney general, any district attorney, or 10 any person aggrieved is authorized to bring a civil action in the appro- 11 priate court requesting preventive relief, including an application for 12 a permanent or temporary injunction, restraining order, or other order 13 against the person or group of persons responsible for such action. The 14 foregoing remedies shall be independent of any other remedies or proce- 15 dures that may be available to an aggrieved party under other provisions 16 of law. 17 § 169-o. Immunity from liability. 1. No official, employee or agency, 18 whether public or private, shall be subject to any civil or criminal 19 liability for damages for any discretionary decision to release relevant 20 and necessary information pursuant to this article, unless it is shown 21 that such official, employee or agency acted with gross negligence or in 22 bad faith. The immunity provided under this section applies to the 23 release of relevant information to other employees or officials or to 24 the general public. 25 2. Nothing in this section shall be deemed to impose any civil or 26 criminal liability upon or to give rise to a cause of action against any 27 official, employee or agency, whether public or private, for failing to 28 release information as authorized in this section unless it is shown 29 that such official, employee or agency acted with gross negligence or in 30 bad faith. 31 § 169-p. Annual report. The division shall on or before August first 32 in each year file a report with the governor and the legislature detail- 33 ing the program, compliance with provisions of this article and effec- 34 tiveness of the provisions of this article, together with any recommen- 35 dations to further enhance the intent of this article. 36 § 169-q. Failure to register; penalty. Any person required to register 37 pursuant to the provisions of this article who fails to register in the 38 manner and within the time periods provided for in this article shall be 39 guilty of a class E felony for the first offense, and for a second or 40 subsequent offense shall be guilty of a class D felony respectively in 41 accordance with sections 195.03 and 195.04 of the penal law. Any such 42 failure to register may also be the basis for revocation of parole 43 pursuant to section two hundred fifty-nine-i of the executive law which 44 shall be in addition to any other penalties provided by law. 45 § 169-r. Unauthorized release of information. The unauthorized release 46 of any information required by this article shall be a class B misdemea- 47 nor. 48 § 169-s. Separability. If any section of this article, or part thereof 49 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 § 3. The criminal procedure law is amended by adding a new section 53 530.15 to read as follows: 54 § 530.15 Domestic abuse offender determination. 55 If in the opinion of the court the interest of justice would be 56 served, the court may, in its discretion, find a defendant against whomA. 7312 12 1 an order of protection has been issued on two or more separate occasions 2 is a "domestic abuse offender" as defined in subdivision one of section 3 one hundred sixty-nine-a of the correction law. 4 § 4. Subdivision 1 of section 530.12 of the criminal procedure law is 5 amended by adding a new paragraph (c) to read as follows: 6 (c) determine a defendant against whom an order of protection has been 7 issued on two or more separate occasions to be a "domestic abuse offen- 8 der" as defined in subdivision one of section one hundred sixty-nine-a 9 of the correction law. 10 § 5. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law; provided, however, that section one of this 12 act shall take effect on the first of November next succeeding the date 13 on which it shall have become a law; and provided further, that effec- 14 tive immediately, the addition, amendment and/or repeal of any rule or 15 regulation necessary for the implementation of this act on its effective 16 date is authorized to be made and completed on or before such date.