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A07312 Summary:

BILL NOA07312A
 
SAME ASSAME AS S00064-A
 
SPONSORTitone
 
COSPNSRCusick, Ortiz, Miller MG, Benedetto, Simotas, Paulin, Galef, Bronson, Zebrowski, Lupardo, Titus, Englebright, Gunther, Graf, Rosenthal, Colton, Perry, Kolb
 
MLTSPNSRAbbate, 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 Danielle 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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A07312 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7312--A
 
                               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, KOLB -- Multi-Spon-
          sored by -- M. of A.  ABBATE, ARROYO, CRESPO, GIGLIO, HIKIND,  MALLIO-
          TAKIS,  McDONOUGH,  RA,  THIELE  --  read  once  and  referred  to the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06155-03-7

        A. 7312--A                          2
 
     1  degree and has previously been convicted of failure to register or veri-
     2  fy as a domestic abuse offender in  the  second  degree  as  defined  in
     3  section 195.03 of this article.
     4    Failure  to  register  or  verify  as a domestic abuse offender in the
     5  first degree is a class D felony.
     6    § 2. The correction law is amended by adding a new article 6-D to read
     7  as follows:
     8                                 ARTICLE 6-D
     9       DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW
    10  Section 169. Short title.
    11          169-a. Definitions.
    12          169-b. Duties of the division; registration information.
    13          169-c. Domestic abuse offender; relocation; notification.
    14          169-d. Duties of the court.
    15          169-e. Discharge of domestic abuse  offender  from  correctional
    16                   facility; duties of official in charge.
    17          169-f. Duty to register and to verify.
    18          169-g. Prior convictions; duty to inform and register.
    19          169-h. Duration of registration and verification.
    20          169-i. Registration and verification requirements.
    21          169-j. Notification  of local law enforcement agencies of change
    22                   of address.
    23          169-k. Registration for change of address from another state.
    24          169-l. Petition for relief or modification.
    25          169-m. Special telephone number.
    26          169-n. Directory; internet posting.
    27          169-o. Immunity from liability.
    28          169-p. Annual report.
    29          169-q. Failure to register; penalty.
    30          169-r. Unauthorized release of information.
    31          169-s. Separability.
    32    § 169. Short title. This article shall be known and may  be  cited  as
    33  "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's law".
    34    §  169-a.  Definitions.  As  used in this article, the following defi-
    35  nitions apply:
    36    1. "Domestic abuse offender" includes any person who (a) is  convicted
    37  of  any  of  the  offenses set forth in subdivision two of this section.
    38  Convictions that result from or are connected  with  the  same  act,  or
    39  result  from  offenses  committed at the same time, shall be counted for
    40  the purpose of this article as one conviction. Any conviction set  aside
    41  pursuant to law is not a conviction for purposes of this article; or (b)
    42  has  been  determined  by the court to be a domestic abuse offender by a
    43  court pursuant to section 530.15 or paragraph (c) of subdivision one  of
    44  section 530.12 of the criminal procedure law.
    45    2. "Domestic abuse offense" means:
    46    (a)  disorderly  conduct,  criminal  obstruction of breathing or blood
    47  circulation, strangulation in the first  degree,  strangulation  in  the
    48  second  degree, harassment in the first degree, harassment in the second
    49  degree, aggravated harassment in the  second  degree,  stalking  in  the
    50  first  degree,  stalking  in  the  second  degree, stalking in the third
    51  degree, stalking in the fourth degree, criminal  mischief,  menacing  in
    52  the  second degree, menacing in the third degree, reckless endangerment,
    53  assault in the  second  degree,  assault  in  the  third  degree  or  an
    54  attempted  assault  between spouses or former spouses, or between parent
    55  and child or between members of the same family or household except that
    56  if the respondent would not be criminally responsible by reason  of  age

        A. 7312--A                          3
 
     1  pursuant  to  section  30.00  of  the  penal  law.  For purposes of this
     2  section, "disorderly conduct"  includes  disorderly  conduct  not  in  a
     3  public place; or
     4    (b)  a  conviction  of  (i) an offense in any other jurisdiction which
     5  includes all of the essential elements of any such crime provided for in
     6  paragraph (a) of this subdivision or (ii) a felony in any  other  juris-
     7  diction  for  which  the  offender is required to register as a domestic
     8  abuse offender in the jurisdiction in  which  the  conviction  occurred,
     9  provided that the elements of such crime of conviction are substantially
    10  the  same  as  those  which are a part of such offense as of the date on
    11  which this section takes effect.
    12    3. For purposes of this section, "members of the same family or house-
    13  hold" with respect to a proceeding in the criminal courts shall mean the
    14  following:
    15    (a) persons related by consanguinity or affinity;
    16    (b) persons legally married to one another;
    17    (c) persons formerly married to one another regardless of whether they
    18  still reside in the same household;
    19    (d) persons who have a child in common,  regardless  of  whether  such
    20  persons have been married or have lived together at any time;
    21    (e)  persons  who are not related by consanguinity or affinity and who
    22  are or have been in an intimate relationship regardless of whether  such
    23  persons  have lived together at any time. Factors the court may consider
    24  in determining whether a  relationship  is  an  "intimate  relationship"
    25  include  but  are  not  limited  to: the nature or type of relationship,
    26  regardless of whether the relationship is sexual in nature; the frequen-
    27  cy of interaction between the persons; and the duration of the relation-
    28  ship. Neither a casual acquaintance nor ordinary fraternization  between
    29  two  individuals  in  business  or  social  contexts  shall be deemed to
    30  constitute an "intimate relationship"; and
    31    (f) persons residing together continually  or  at  regular  intervals,
    32  currently or in the past.
    33    4. "Law enforcement agency having jurisdiction" means:
    34    (a) (i) the chief law enforcement officer in the village, town or city
    35  in  which  the domestic abuse offender expects to reside upon his or her
    36  discharge, probation, parole, release  to  post-release  supervision  or
    37  upon any form of state or local conditional release; or (ii) if there be
    38  no  chief  law  enforcement  officer  in such village, town or city, the
    39  chief law enforcement officer  of  the  county  in  which  the  offender
    40  expects  to reside; or (iii) if there be no chief enforcement officer in
    41  such village, town, city or county, the division of state police; and
    42    (b) in the case of a domestic abuse offender who is or expects  to  be
    43  employed  by,  enrolled  in,  attending or employed, whether for compen-
    44  sation or not, at an institution of higher education: (i) the chief  law
    45  enforcement  officer in the village, town or city in which such institu-
    46  tion is located; or (ii) if there be no chief law enforcement officer in
    47  such village, town or city, the chief law  enforcement  officer  of  the
    48  county  in  which  such  institution is located; or (iii) if there be no
    49  chief law enforcement officer in such village, town, city or county, the
    50  division of state police; and  (iv)  if  such  institution  operates  or
    51  employs  a  campus law enforcement or security agency, the chief of such
    52  agency.
    53    5. "Division" means the  division  of  criminal  justice  services  as
    54  defined by section eight hundred thirty-five of the executive law.

        A. 7312--A                          4
 
     1    6.  "Local  correctional facility" means a local correctional facility
     2  as that term is defined in subdivision sixteen of section  two  of  this
     3  chapter.
     4    7. "Probation" means a sentence of probation imposed pursuant to arti-
     5  cle  sixty-five  of the penal law and shall include a sentence of impri-
     6  sonment imposed in conjunction with a sentence of probation.
     7    8. "Nonresident worker" means any person required  to  register  as  a
     8  domestic  abuse  offender  in  another  jurisdiction  who is employed or
     9  carries on a vocation in this state, on either a full-time  or  a  part-
    10  time basis, with or without compensation, for more than fourteen consec-
    11  utive days, or for an aggregate period exceeding thirty days in a calen-
    12  dar year.
    13    9.  "Nonresident  student"  means  a  person required to register as a
    14  domestic abuse offender in another jurisdiction who  is  enrolled  on  a
    15  full-time or part-time basis in any public or private educational insti-
    16  tution  in  this  state including any secondary school, trade or profes-
    17  sional institution or institution of higher education.
    18    § 169-b. Duties of the  division;  registration  information.  1.  The
    19  division  shall establish and maintain a file of individuals required to
    20  register pursuant to the provisions of this article which shall  include
    21  the following information of each registrant:
    22    (a)  The  domestic  abuse  offender's  name, all aliases used, date of
    23  birth, sex, race, height, weight, eye color,  driver's  license  number,
    24  and home address and/or expected place of domicile.
    25    (b) A photograph and set of fingerprints.
    26    (c) A description of the offense for which the domestic abuse offender
    27  was convicted, the date of conviction and the sentence imposed.
    28    (d)  The  name  and  address of any institution of higher education at
    29  which the domestic abuse offender is or expects to be enrolled,  attend-
    30  ing  or  employed,  whether  for  compensation  or not, and whether such
    31  domestic abuse offender resides in or will reside in a facility owned or
    32  operated by such institution.
    33    (e) Any other information deemed pertinent by the division.
    34    2. (a) The division is authorized to make the  registry  available  to
    35  any  regional  or  national registry of domestic abuse offenders for the
    36  purpose of sharing information. The division shall accept files from any
    37  regional or national registry of domestic abuse offenders and shall make
    38  such files available when requested pursuant to the provisions  of  this
    39  article.
    40    (b)  The  division  shall  require that no information included in the
    41  registry shall be made  available  except  in  the  furtherance  of  the
    42  provisions of this article.
    43    3.  The  division shall develop a standardized registration form to be
    44  made available to the appropriate authorities and promulgate  rules  and
    45  regulations to implement the provisions of this section. Such form shall
    46  be  written  in clear and concise language and shall advise the domestic
    47  abuse offender of his or her duties and obligations under this article.
    48    4. The division shall mail a nonforwardable verification form  to  the
    49  last  reported  address  of  the person for annual verification require-
    50  ments.
    51    5. The division shall establish and  operate  a  telephone  number  as
    52  provided for in section one hundred sixty-nine-m of this article.
    53    6.  The  division  shall establish a directory pursuant to section one
    54  hundred sixty-nine-n of this article.
    55    7. The division shall establish a public awareness campaign to  advise
    56  the public of the provisions of this article.

        A. 7312--A                          5
 
     1    8.   (a) The division shall charge an administrative fee to a domestic
     2  abuse offender to cover the cost of inclusion on the registry. Such  fee
     3  shall  be  set at a reasonable rate to be determined periodically by the
     4  division.
     5    (b)  The division shall charge a fee of ten dollars each time a domes-
     6  tic abuse offender registers any change of address or any change of  his
     7  or  her status of enrollment, attendance, employment or residence at any
     8  institution of higher education as  required  by  subdivision  three  of
     9  section  one hundred sixty-nine-f of this article. The fee shall be paid
    10  to the division by the domestic abuse offender. The state comptroller is
    11  hereby authorized to deposit such fees into the general fund.
    12    § 169-c. Domestic abuse offender; relocation; notification. 1. In  the
    13  case of any domestic abuse offender, it shall be the duty of the depart-
    14  ment  or local correctional facility at least ten calendar days prior to
    15  the release or discharge of any domestic abuse offender from  a  correc-
    16  tional facility or local correctional facility to notify the division of
    17  the  contemplated  release or discharge of such domestic abuse offender,
    18  informing the division in writing on a form  provided  by  the  division
    19  indicating  the  address  at  which he or she proposes to reside and the
    20  name and address of any institution of higher education at which  he  or
    21  she  expects  to be enrolled, attending or employed, whether for compen-
    22  sation or not, and whether he or she resides in  or  will  reside  in  a
    23  facility  owned  or operated by such institution. If such domestic abuse
    24  offender changes his or her place of residence  while  on  parole,  such
    25  notification  of  the  change of residence shall be sent by the domestic
    26  abuse offender's parole officer within forty-eight hours to the division
    27  on a form provided by the division.  If  such  domestic  abuse  offender
    28  changes  the  status of his or her enrollment, attendance, employment or
    29  residence at any institution of higher education while on  parole,  such
    30  notification of the change of status shall be sent by the domestic abuse
    31  offender's  parole officer within forty-eight hours to the division on a
    32  form provided by the division.
    33    2. In the case of any domestic abuse offender on probation,  it  shall
    34  be the duty of the domestic abuse offender's probation officer to notify
    35  the division within forty-eight hours of the new place of residence on a
    36  form  provided  by the division. If such domestic abuse offender changes
    37  the status of his or her enrollment, attendance, employment or residence
    38  at any institution of higher education while on probation, such  notifi-
    39  cation  of  the  change  of  status  shall be sent by the domestic abuse
    40  offender's probation officer within forty-eight hours to the division on
    41  a form provided by the division.
    42    3. In the case in which any domestic abuse  offender  escapes  from  a
    43  state  or  local  correctional  facility, the designated official of the
    44  facility where the domestic abuse offender  was  confined  shall  notify
    45  within twenty-four hours the law enforcement agency having had jurisdic-
    46  tion  at  the time of his or her conviction, informing such law enforce-
    47  ment agency of the name and aliases of the domestic abuse offender,  and
    48  the  address  at  which  he  or  she  resided  at the time of his or her
    49  conviction, the amount of time remaining to be served, if  any,  on  the
    50  full term for which he or she was sentenced, and the nature of the crime
    51  for  which he or she was sentenced, transmitting at the same time a copy
    52  of such domestic abuse offender's  fingerprints  and  photograph  and  a
    53  summary of his or her criminal record.
    54    4.  The  division  shall  provide general information, in registration
    55  materials and annual correspondence, to registrants concerning notifica-
    56  tion and registration procedures that may apply  if  the  registrant  is

        A. 7312--A                          6

     1  authorized  to  relocate and relocates to another state or United States
     2  possession, or commences employment  or  attendance  at  an  educational
     3  institution  in another state or United States possession. Such informa-
     4  tion shall include addresses and telephone numbers for relevant agencies
     5  from which additional information may be obtained.
     6    §  169-d.  Duties  of  the  court.  1.  Upon  conviction of any of the
     7  offenses  set  forth  in  subdivision  two  of   section   one   hundred
     8  sixty-nine-a  of this article the court shall certify that the person is
     9  a domestic abuse offender and shall include  the  certification  in  the
    10  judgment  of  conviction. The court shall also advise the domestic abuse
    11  offender of his or her duties under this article. Failure to include the
    12  certification in the judgment of conviction shall not relieve a domestic
    13  abuse offender of the obligations imposed by this article.
    14    2. Any domestic abuse offender who has been  convicted  of  a  violent
    15  felony  or  two or more misdemeanors against a person who is a member of
    16  such offender's family or household as defined in section 530.12 of  the
    17  criminal  procedure law, who is released on probation or discharged upon
    18  payment of a fine,  conditional  discharge  or  unconditional  discharge
    19  shall,  prior  to  such  release or discharge, be informed of his or her
    20  duty to register under this article by the court in which he or she  was
    21  convicted. At the time sentence is imposed, such domestic abuse offender
    22  shall register with the division on a form prepared by the division. The
    23  court  shall  require  the domestic abuse offender to read and sign such
    24  form and to complete the registration portion of such  form.  The  court
    25  shall  on such form obtain the address where the domestic abuse offender
    26  expects to reside upon his or her release, and the name and  address  of
    27  any institution of higher education he or she expects to be employed by,
    28  enrolled in, attending or employed, whether for compensation or not, and
    29  whether  he  or she expects to reside in a facility owned or operated by
    30  such an institution, and shall report such information to the  division.
    31  The court shall give one copy of the form to the domestic abuse offender
    32  and shall send two copies to the division which shall forward the infor-
    33  mation  to  the  law enforcement agencies having jurisdiction. Where the
    34  court orders a domestic abuse offender released on probation, such order
    35  must include a provision requiring  that  he  or  she  comply  with  the
    36  requirements  of  this  article.  Where  such  domestic  abuse  offender
    37  violates such provision, probation may be  immediately  revoked  in  the
    38  manner  provided  by  article four hundred ten of the criminal procedure
    39  law.
    40    3. Notwithstanding any other provision of  law  to  the  contrary,  it
    41  shall  be  in  the  courts discretion to require an offender to register
    42  pursuant to this article.  In determining whether an offender should  be
    43  on the registry, a judge shall consider, among other things, whether the
    44  offender  is  a  victim  who  was  defending  himself or herself and the
    45  offender's history of and propensity for violence. In addition, a  judge
    46  may  require  a threat assessment of future risk, utilizing methods such
    47  as a Domestic Violence MOSAIC, a Danger Assessment, a Domestic  Violence
    48  Screening  Instrument  or  a  Kingston Screening Instrument for Domestic
    49  Violence or other threat assessment as the court may deem appropriate.
    50    4. The court shall provide  reasonable  opportunity  to  a  victim  to
    51  object  to  an  offender's inclusion in the registry and shall take such
    52  information into account  while  determining  the  offender's  inclusion
    53  pursuant to subdivision three of this section.
    54    § 169-e. Discharge of domestic abuse offender from correctional facil-
    55  ity; duties of official in charge. 1. Any domestic abuse offender, to be
    56  discharged,  paroled,  released  to post-release supervision or released

        A. 7312--A                          7
 
     1  from any state or local correctional facility, shall  at  least  fifteen
     2  calendar  days prior to discharge, parole or release, be informed of his
     3  or her duty to register under this article, by the facility in which  he
     4  or  she  was  confined.  The  facility  shall require the domestic abuse
     5  offender to read and sign such form as may be required by  the  division
     6  stating the duty to register and the procedure for registration has been
     7  explained to him or her and to complete the registration portion of such
     8  form.  The  facility  shall  obtain  on  such form the address where the
     9  domestic abuse offender expects to reside upon  his  or  her  discharge,
    10  parole  or release and the name and address of any institution of higher
    11  education he or she expects to be employed by, enrolled in, attending or
    12  employed, whether for compensation or not, and whether he or she expects
    13  to reside in a facility owned or operated by such  an  institution,  and
    14  shall  report  such information to the division. The facility shall give
    15  one copy of the form to the domestic abuse offender, retain one copy and
    16  shall send one copy to the division which shall provide the  information
    17  to  the law enforcement agencies having jurisdiction. The facility shall
    18  give the domestic abuse offender a form prepared  by  the  division,  to
    19  register  with  the  division  at  least  fifteen calendar days prior to
    20  release and such form shall be completed, signed by the  domestic  abuse
    21  offender  and  sent  to  the  division by the facility at least ten days
    22  prior to the domestic abuse offender's release or discharge.
    23    2. The division shall also immediately transmit  the  conviction  data
    24  and  fingerprints  to the Federal Bureau of Investigation if not already
    25  obtained.
    26    § 169-f. Duty to register and to verify. 1. Any domestic abuse  offen-
    27  der  shall  (a)  at  least ten calendar days prior to discharge, parole,
    28  release to post-release supervision or release from any state  or  local
    29  correctional  facility  where he or she was confined, or (b) if released
    30  on probation or discharged upon payment of a fine, conditional discharge
    31  or unconditional discharge, at the time sentence  is  imposed,  register
    32  with the division on a form prepared by the division.
    33    2. Any domestic abuse offender required to register under this article
    34  shall  on  or  before  each anniversary of the domestic abuse offender's
    35  initial registration date during the  period  in  which  he  or  she  is
    36  required  to register verify that he or she still resides at the address
    37  last reported to the division.
    38    3. Any domestic abuse offender shall register  with  the  division  no
    39  later  than  ten calendar days after any change of address or any change
    40  of his or her status of enrollment, attendance, employment or  residence
    41  at any institution of higher education. A fee of ten dollars, as author-
    42  ized  by  subdivision  eight of section one hundred sixty-nine-b of this
    43  article, shall be submitted by the domestic  abuse  offender  each  time
    44  such  domestic  abuse  offender  registers  any change of address or any
    45  change of his or her status of  enrollment,  attendance,  employment  or
    46  residence  at  any institution of higher education. Any failure or omis-
    47  sion to submit the required fee shall not affect the acceptance  by  the
    48  division of the change of address or change of status.
    49    4. The duty to register under the provisions of this article shall not
    50  be  applicable  to  any  domestic  abuse  offender  whose conviction was
    51  reversed upon appeal or who was pardoned by the governor.
    52    5. Any nonresident worker or nonresident student, as defined in subdi-
    53  visions eight and nine of section one hundred sixty-nine-a of this arti-
    54  cle, shall register his or her current address and the address of his or
    55  her place of employment or educational  institution  attended  with  the
    56  division  within  ten  calendar  days  after  such nonresident worker or

        A. 7312--A                          8
 
     1  nonresident student commences employment or attendance at an educational
     2  institution in the state. Any nonresident worker or nonresident  student
     3  shall  notify  the  division  of  any change of residence, employment or
     4  educational  institution  address  no  later  than  ten  days after such
     5  change. The division shall notify the law enforcement agency  where  the
     6  nonresident worker is employed or the educational institution is located
     7  that  a  nonresident  worker  or  nonresident student is present in that
     8  agency's jurisdiction.
     9    § 169-g. Prior convictions; duty to  inform  and  register.  1.  Every
    10  domestic  abuse  offender  who  on the effective date of this article is
    11  then on parole or probation for an offense provided for  in  subdivision
    12  two  of  section  one  hundred sixty-nine-a of this article shall within
    13  thirty calendar days of such effective date register  with  his  or  her
    14  parole  or  probation  officer. Any domestic abuse offender who fails or
    15  refuses to so comply shall be subject to the same penalties as otherwise
    16  provided for in this article which would  be  imposed  upon  a  domestic
    17  abuse  offender who fails or refuses to so comply with the provisions of
    18  this article on or after such effective date.
    19    2. It shall be the duty of the parole or probation officer  to  inform
    20  and  register such domestic abuse offender according to the requirements
    21  imposed by this article. A parole or probation officer  shall  give  one
    22  copy  of the form to the domestic abuse offender and shall, within three
    23  calendar days, send two copies electronically or otherwise to the  divi-
    24  sion which shall forward one copy electronically or otherwise to the law
    25  enforcement agency having jurisdiction where the domestic abuse offender
    26  resides  upon his or her parole, probation, or upon any form of state or
    27  local conditional release.
    28    § 169-h. Duration of registration and verification.  The  duration  of
    29  registration and verification for a domestic abuse offender shall be for
    30  a  period of five to ten years from the initial date of registration, as
    31  determined by the court, or while a permanent order of protection exists
    32  against the domestic abuse offender whichever is longer.
    33    § 169-i. Registration and verification requirements. Registration  and
    34  verification as required by this article shall consist of a statement in
    35  writing  signed  by  the  domestic abuse offender giving the information
    36  that is required by the division and the division shall enter the infor-
    37  mation into an appropriate electronic data base or file.
    38    § 169-j. Notification of local law enforcement agencies of  change  of
    39  address.  1.  Upon  receipt  of  a change of address by a domestic abuse
    40  offender required to register under this  article,  the  division  shall
    41  notify  the  local law enforcement agency having jurisdiction of the new
    42  place of residence and the local law enforcement agency where the domes-
    43  tic abuse offender last resided of the new place of residence.
    44    2. The division shall, if the domestic abuse  offender  changes  resi-
    45  dence  to another state, notify the appropriate agency within that state
    46  of the new place of residence.
    47    3. Upon receipt of a change in the status of the  enrollment,  attend-
    48  ance, employment or residence at an institution of higher education by a
    49  domestic  abuse  offender  required  to register under this article, the
    50  division shall notify each law enforcement  agency  having  jurisdiction
    51  which is affected by such change.
    52    §  169-k.  Registration for change of address from another state. 1. A
    53  domestic abuse offender who has  been  convicted  of  an  offense  which
    54  requires  registration under paragraph (b) of subdivision two of section
    55  one hundred sixty-nine-a of this article shall notify  the  division  of

        A. 7312--A                          9
 
     1  the  new  address  no  later  than ten calendar days after such domestic
     2  abuse offender establishes residence in this state.
     3    2.  The  division  shall undertake an information campaign designed to
     4  provide information to officials and appropriate  individuals  in  other
     5  states  and United States possessions concerning the notification proce-
     6  dures required by this article. Such information campaign shall be ongo-
     7  ing, and shall include, but not be limited to, letters, notice forms and
     8  similar materials providing relevant information about this article  and
     9  the specific procedures required to effect notification.  Such materials
    10  shall  include  an address and telephone number which such officials and
    11  individuals in other states and United States  possessions  may  use  to
    12  obtain additional information.
    13    §  169-l.  Petition  for  relief  or  modification. Any domestic abuse
    14  offender who is required to register or verify pursuant to this  article
    15  and  who  has  been  registered for a minimum period of ten years may be
    16  relieved of any further duty to register upon the granting of a petition
    17  for relief by the sentencing court or by the court which made the deter-
    18  mination regarding duration of registration and level  of  notification.
    19  The  offender  shall  bear the burden of proving by clear and convincing
    20  evidence that his or her risk of repeat offense  and  threat  to  public
    21  safety is such that registration or verification is no longer necessary.
    22  Such  petition, if granted, shall not relieve the petitioner of the duty
    23  to register pursuant to this article  upon  conviction  of  any  offense
    24  requiring  registration  in  the  future.  Such  a petition shall not be
    25  considered more than once every two years. In the event that the  domes-
    26  tic abuse offender's petition for relief is granted, the district attor-
    27  ney  may appeal as of right from the order pursuant to the provisions of
    28  articles fifty-five, fifty-six and fifty-seven of the civil practice law
    29  and rules. Where counsel has been assigned  to  represent  the  domestic
    30  abuse  offender  upon  the  ground  that  the domestic abuse offender is
    31  financially unable to retain counsel, that assignment shall be continued
    32  throughout the pendency of the appeal, and the person may  appeal  as  a
    33  poor person pursuant to article eighteen-B of the county law.
    34    §  169-m. Special telephone number. 1. Pursuant to section one hundred
    35  sixty-nine-b of this article, the division  shall  operate  a  telephone
    36  number  that  members  of the public may call free of charge and inquire
    37  whether a named individual required to register pursuant to this article
    38  is listed. The division shall ascertain whether a named  person  reason-
    39  ably  appears  to  be a person so listed and provide the caller with the
    40  relevant information. The division shall decide whether the named person
    41  reasonably appears to be a person listed, based  upon  information  from
    42  the  caller providing information that shall include (a) an exact street
    43  address, including apartment number, driver's license  number  or  birth
    44  date, along with additional information that may include social security
    45  number,  hair  color,  eye  color, height, weight, distinctive markings,
    46  ethnicity; or (b) any combination of the above listed characteristics if
    47  an exact birth date or address is not available. If three of the charac-
    48  teristics provided include ethnicity, hair color, and eye  color,  other
    49  identifying characteristics shall be provided. Any information identify-
    50  ing  the  victim  by name, birth date, address or relation to the person
    51  listed by the division shall be excluded by the division.
    52    2. When the telephone number is called, a  preamble  shall  be  played
    53  which shall provide the following information:
    54    (a) notice that the caller's telephone number will be recorded;
    55    (b) that there is no charge for use of the telephone number;

        A. 7312--A                         10

     1    (c)  notice that the caller is required to identify himself or herself
     2  to the operator and provide a current address and that the call shall be
     3  maintained in a written record;
     4    (d)  a  warning that it is illegal to use information obtained through
     5  the telephone number to commit a crime against any person listed  or  to
     6  engage in illegal discrimination or harassment against such person;
     7    (e)  notice  that the caller is required to have the birth date, driv-
     8  er's license or identification number, or address or  other  identifying
     9  information  regarding  the  person  about whom information is sought in
    10  order to achieve a positive identification of that person; and
    11    (f) a statement that the number is not a crime hotline  and  that  any
    12  suspected criminal activity should be reported to local authorities.
    13    3.  Whenever  there  is reasonable cause to believe that any person or
    14  group of persons is engaged in a pattern or practice of  misuse  of  the
    15  telephone  number,  the  attorney  general, any district attorney or any
    16  person aggrieved by the misuse of the number is authorized  to  bring  a
    17  civil  action  in  the  appropriate  court requesting preventive relief,
    18  including an  application  for  a  permanent  or  temporary  injunction,
    19  restraining  order or other order against the person or group of persons
    20  responsible for the pattern or practice of misuse. The  foregoing  reme-
    21  dies  shall  be independent of any other remedies or procedures that may
    22  be available to an aggrieved party under other provisions of  law.  Such
    23  person  or  group of persons shall be subject to a fine of not less than
    24  five hundred dollars and not more than one thousand dollars.
    25    4. The division shall submit to the legislature an  annual  report  on
    26  the  operation of the telephone number. The annual report shall include,
    27  but not be limited to, all of the following:
    28    (a) number of calls received;
    29    (b) a detailed outline of the amount of money expended and the  manner
    30  in which it was expended for purposes of this section;
    31    (c)  number  of calls that resulted in an affirmative response and the
    32  number of calls that resulted in a  negative  response  with  regard  to
    33  whether a named individual was listed;
    34    (d) number of persons listed; and
    35    (e)  a  summary  of  the success of the telephone number program based
    36  upon selected factors.
    37    § 169-n. Directory; internet posting. 1. The division shall maintain a
    38  directory of domestic abuse offenders. The directory shall  include  the
    39  address, address of the offender's place of employment and photograph of
    40  the  domestic  abuse  offender  along with the following information, if
    41  available: name, physical description, age and distinctive markings. The
    42  directory shall have domestic abuse  offender  listings  categorized  by
    43  county  and zip code. A copy of the directory shall annually be distrib-
    44  uted to the offices of local, village, town, city, county or  state  law
    45  enforcement  agencies  for purposes of public access. The division shall
    46  distribute monthly updates to the offices of local, village, town, city,
    47  county or state law enforcement agencies for purposes of public  access.
    48  Such  departments  shall  require that a person in writing provide their
    49  name and address prior to viewing the directory. The directory  provided
    50  for  in this section shall be updated monthly to maintain its efficiency
    51  and usefulness and shall be computer accessible. Such directory shall be
    52  made available at all times on the internet via the division homepage.
    53    2.  Every page of the division's website shall prominently  display  a
    54  link  to  the website of the New York state office for the prevention of
    55  domestic violence and the telephone number of the New York state  domes-
    56  tic  violence  hotline  and  shall also contain a caveat informing users

        A. 7312--A                         11
 
     1  that a person who is not on the registry may still  have  a  history  of
     2  violence  or  a  propensity for violence and if the user suspects that a
     3  person he or she is involved with is dangerous, he or  she  should  call
     4  the hotline.
     5    3.  Any person who uses information disclosed pursuant to this section
     6  in  violation  of the law shall in addition to any other penalty or fine
     7  imposed, be subject to a fine of not less than five hundred dollars  and
     8  not  more than one thousand dollars. Unauthorized removal or duplication
     9  of the directory from the offices of a local,  village  or  city  police
    10  department  shall  be  punishable  by  a fine not to exceed one thousand
    11  dollars. In addition, the attorney general, any  district  attorney,  or
    12  any person aggrieved is authorized to bring a civil action in the appro-
    13  priate  court requesting preventive relief, including an application for
    14  a permanent or temporary injunction, restraining order, or  other  order
    15  against  the person or group of persons responsible for such action. The
    16  foregoing remedies shall be independent of any other remedies or  proce-
    17  dures that may be available to an aggrieved party under other provisions
    18  of law.
    19    §  169-o. Immunity from liability. 1. No official, employee or agency,
    20  whether public or private, shall be subject to  any  civil  or  criminal
    21  liability for damages for any discretionary decision to release relevant
    22  and  necessary  information  pursuant to this article, if that official,
    23  employee or agency acted reasonably and  in  good  faith.  The  immunity
    24  provided  under this section applies to the release of relevant informa-
    25  tion to other employees or officials or to the general public.
    26    2. Nothing in this section shall be deemed  to  impose  any  civil  or
    27  criminal liability upon or to give rise to a cause of action against any
    28  official,  employee or agency, whether public or private, for failing to
    29  release information as authorized in this section  unless  it  is  shown
    30  that such official, employee or agency acted with gross negligence or in
    31  bad faith.
    32    §  169-p.  Annual report. The division shall on or before August first
    33  in each year file a report with the governor and the legislature detail-
    34  ing the program, compliance with provisions of this article  and  effec-
    35  tiveness  of the provisions of this article, together with any recommen-
    36  dations to further enhance the intent of this article.
    37    § 169-q. Failure to register; penalty. Any person required to register
    38  pursuant to the provisions of this article who fails to register in  the
    39  manner and within the time periods provided for in this article shall be
    40  guilty  of  a  class E felony for the first offense, and for a second or
    41  subsequent offense shall be guilty of a class D felony  respectively  in
    42  accordance  with  sections  195.03 and 195.04 of the penal law. Any such
    43  failure to register may also be  the  basis  for  revocation  of  parole
    44  pursuant  to section two hundred fifty-nine-i of the executive law which
    45  shall be in addition to any other penalties provided by law.
    46    § 169-r. Unauthorized release of information. The unauthorized release
    47  of any information required by this article shall be a class B misdemea-
    48  nor.
    49    § 169-s. Separability. If any section of this article, or part thereof
    50  shall be adjudged by a court of competent jurisdiction  to  be  invalid,
    51  such  judgment  shall  not affect, impair or invalidate the remainder or
    52  any other section or part thereof.
    53    § 3. The criminal procedure law is amended by  adding  a  new  section
    54  530.15 to read as follows:
    55  § 530.15 Domestic abuse offender determination.

        A. 7312--A                         12
 
     1    If  in  the  opinion  of  the  court  the interest of justice would be
     2  served, the court may, in its discretion, find a defendant against  whom
     3  an order of protection has been issued on two or more separate occasions
     4  is  a "domestic abuse offender" as defined in subdivision one of section
     5  one hundred sixty-nine-a of the correction law.
     6    §  4. Subdivision 1 of section 530.12 of the criminal procedure law is
     7  amended by adding a new paragraph (c) to read as follows:
     8    (c) determine a defendant against whom an order of protection has been
     9  issued on two or more separate occasions to be a "domestic abuse  offen-
    10  der"  as  defined in subdivision one of section one hundred sixty-nine-a
    11  of the correction law.
    12    § 5. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law; provided, however, that section one of  this
    14  act  shall take effect on the first of November next succeeding the date
    15  on which it shall have become a law; and provided further,  that  effec-
    16  tive  immediately,  the addition, amendment and/or repeal of any rule or
    17  regulation necessary for the implementation of this act on its effective
    18  date are authorized to be made and completed on or before such date.
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