•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A07312 Summary:

BILL NOA07312
 
SAME ASSAME AS S00064
 
SPONSORTitone
 
COSPNSRCusick, Ortiz, Miller MG, Benedetto, Simotas, Paulin, Galef, Bronson, Zebrowski, Lupardo, Titus, Englebright, Gunther, Graf, Rosenthal, Colton, Perry, Skoufis, 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 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.
Go to top

A07312 Text:



 
                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.
                                                                   LBD06155-01-7

        A. 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 this

        A. 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 fee

        A. 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  educational

        A. 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 his

        A. 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  student

        A. 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 a

        A. 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  whom

        A. 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.
Go to top