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A03363 Summary:

BILL NOA03363
 
SAME ASNo Same As
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Add 719 & 233, Exec L; add Art 6-D 169-a - 169-x, Cor L; add 490.23, Pen L; add 97-aaaa, St Fin L
 
Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.
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A03363 Actions:

BILL NOA03363
 
01/27/2017referred to governmental operations
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A03363 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3363
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, the correction law,  the  penal  law,
          and the state finance law, in relation to the establishment of the New
          York state terrorist registry

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  state terrorist registry act".
     3    §  2. The executive law is amended by adding a new section 719 to read
     4  as follows:
     5    § 719. Terrorist registry information sharing. 1.   Upon request,  the
     6  division of criminal justice services shall provide any and all informa-
     7  tion  it obtains, on any terrorist required to be registered pursuant to
     8  article six-D of the correction law, to the division of homeland securi-
     9  ty and emergency services, and the provision of such  information  shall
    10  be in the form and manner as the division of homeland security and emer-
    11  gency services may so request.
    12    2.  Upon  request,  the  division  of  criminal justice services shall
    13  further regularly supplement the information provided pursuant to subdi-
    14  vision one of this section, so as to deliver any new, different or addi-
    15  tional information not previously provided to the division  of  homeland
    16  security and emergency services.
    17    3.  The  division  of  homeland  security and emergency services shall
    18  provide the division of criminal  justice  services  with  any  and  all
    19  information  the division of criminal justice services shall require, in
    20  order to maintain an accurate and complete  registration  of  terrorists
    21  pursuant  to  article  six-D of the correction law, and the provision of
    22  such information shall be in the form and  manner  as  the  division  of
    23  criminal justice services shall so request.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02130-01-7

        A. 3363                             2
 
     1    §  3. The executive law is amended by adding a new section 233 to read
     2  as follows:
     3    §  233.   Terrorist registry information sharing. 1. Upon request, the
     4  division of criminal justice services shall provide any and all informa-
     5  tion it obtains, on any terrorist required to be registered pursuant  to
     6  article  six-D  of  the correction law, to the division of state police,
     7  and the provision of such information shall be in the form and manner as
     8  the division of state police may so request.
     9    2. Upon request, the  division  of  criminal  justice  services  shall
    10  further regularly supplement the information provided pursuant to subdi-
    11  vision  one  of  this  section,  so as to deliver any new, different, or
    12  additional information not previously provided to the division of  state
    13  police.
    14    3. The division of state police shall provide the division of criminal
    15  justice  services  with any and all information the division of criminal
    16  justice services shall require, in order to  maintain  an  accurate  and
    17  complete  registration  of  terrorists  pursuant to article six-D of the
    18  correction law, and the provision of such information shall  be  in  the
    19  form  and  manner  as the division of criminal justice services shall so
    20  request.
    21    § 4. The correction law is amended by adding a new article 6-D to read
    22  as follows:
    23                                 ARTICLE 6-D
    24                             TERRORIST REGISTRY
    25  Section 169-a. Legislative findings.
    26          169-b. Definitions.
    27          169-c. Duties of the division.
    28          169-d. Registration information.
    29          169-e. Registrant notification;  standardized  registration  and
    30                   verification forms.
    31          169-f. Examination of potential registrants.
    32          169-g. Initial assembly of the registry.
    33          169-h. Registration and verification of terrorists.
    34          169-i. Duties of the court.
    35          169-j. Responsibilities   of   a  confinement  entity  prior  to
    36                   discharge of a terrorist.
    37          169-k. Responsibilities   during   community   supervision    or
    38                   probation.
    39          169-l. Duration of registration and verification.
    40          169-m. Notification of change of address.
    41          169-n. Registry information sharing.
    42          169-o. DNA and fingerprint custody and analysis.
    43          169-p. Registry and verification fees.
    44          169-q. Special telephone number.
    45          169-r. Internet directory.
    46          169-s. Immunity from liability.
    47          169-t. Annual report.
    48          169-u. Penalty.
    49          169-v. Unauthorized release of information.
    50          169-w. Expenses incurred by governmental entities.
    51          169-x. Separability.
    52    §  169-a.  Legislative  findings. The legislature finds and determines
    53  that terrorism is a serious threat to the public safety of the people of
    54  the state of New York.
    55    The legislature additionally finds and  determines,  that  it  is  the
    56  first  responsibility  of  any  government  to  provide  for  the public

        A. 3363                             3
 
     1  protection and safety of its citizens, and that in order to assure  such
     2  public protection and safety, New York must take active steps to advance
     3  a  program  of  prevention of, response to, and recovery from, terrorist
     4  attacks.
     5    The  legislature also finds and determines, that in order to advance a
     6  program to prevent terrorist attacks, while still preserving the  essen-
     7  tial  civil liberties and freedoms that New York's citizens hold dear as
     8  an irreplaceable, foundational element of society, the state  must  take
     9  responsible  action to register those individuals, who have demonstrated
    10  through their past actions, that they would commit an act of terrorism.
    11    The legislature further finds and determines, that the purpose of  the
    12  New  York  state  terrorist  registry established by this article, is to
    13  monitor those individuals, who  have  demonstrated  through  their  past
    14  actions,  that  they  would  commit an act of terrorism, so that through
    15  such monitoring, such persons will be discouraged and/or prevented  from
    16  committing any new acts of terrorism, against the people and property of
    17  the state of New York.
    18    §  169-b.  Definitions.  As  used in this article, the following defi-
    19  nitions shall apply:
    20    1. "Terrorist" means any person who  is  convicted  of  any  terrorist
    21  offense  set  forth  in  subdivision two of this section, and/or who has
    22  engaged in any verifiable act of terrorism pursuant to subdivision three
    23  of this section.
    24    2. "Terrorist offense" means any offense:
    25    (a) Set forth in article four hundred ninety of the penal law;
    26    (b) In any other jurisdiction, whether within the United States  or  a
    27  foreign  country,  which  includes  all of the essential elements of any
    28  offense set forth in article four hundred ninety of the penal law;
    29    (c) Set forth in sections 32, 37, 81, 175, 175b, 229,  351,  831,  844
    30  (f),  844  (i),  930 (c), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
    31  1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332a,  2332b,  2332c,  2332d,
    32  2332e,  2332f,  2332g, 2332h, 2339, 2339a, 2339b, 2339c, and/or 2339d of
    33  title 18 of the United States Code;
    34    (d) Set forth in section 2284 of title 42 of the United States Code;
    35    (e) Set forth in section 46504, 46505 (b) (3), 46506, and/or 60123 (b)
    36  of title 49 of the United States Code; and/or
    37    (f) In any other jurisdiction, whether within the United States  or  a
    38  foreign  country,  of  any  offense  which includes all of the essential
    39  elements of any offense set forth within paragraphs (c), (d) or  (e)  of
    40  this subdivision.
    41    3.  "Verifiable  act of terrorism" means any act committed by a person
    42  or persons that has resulted in such person or persons being:
    43    (a) Convicted by a combat status review tribunal or  military  commis-
    44  sion  of  any  act of terrorism, terrorist activities, or the harboring,
    45  support and/or promotion of terrorists of terrorist activities;
    46    (b) Convicted by a military or civilian court of  competent  jurisdic-
    47  tion  of  any  act of terrorism, terrorist activities, or the harboring,
    48  support and/or  promotion  of  terrorists  or  terrorist  activities  in
    49  violation of the uniform code of military justice;
    50    (c) Subject to an order of detention by the armed forces of the United
    51  States,  any  other  government  agency  of  the  United  States, or any
    52  contractor of the government of the United States that is authorized  by
    53  the  government  of  the  United  States to make such detentions, upon a
    54  determination that such person was at any time, a foreign  enemy  comba-
    55  tant or an illegal enemy combatant;

        A. 3363                             4
 
     1    (d)  Deported  or  transported,  to  a  country, other than the United
     2  States, by the government of the United States,  or  any  department  or
     3  agency  thereof, upon a determination of involvement in terrorist activ-
     4  ities, or the harboring,  support  and/or  promotion  of  terrorists  or
     5  terrorist activities; or
     6    (e)  Designated  by the United States department of homeland security,
     7  the United States department of state, the United States  department  of
     8  justice,  the  United  States  department of defense or any of its armed
     9  services, the United States  central  intelligence  agency,  and/or  the
    10  office  of  the  director  of national intelligence, as a person who has
    11  committed a terrorist act against the United States or any of its  citi-
    12  zens,  and/or  who  is  a  member of a designated terrorist organization
    13  pursuant to section 1189 of title 8 of the United States Code.
    14    4. "Terrorist incident" means any incident which was the  basis  of  a
    15  conviction  for  any terrorist offense, as defined by subdivision two of
    16  this section, or any incident which was the basis for a  verifiable  act
    17  of terrorism, as defined by subdivision three of this section.
    18    5. "Law enforcement agency having jurisdiction" means:
    19    (a)  The chief law enforcement officer in the village, town or city in
    20  which the terrorist expects to reside, or actually resides, upon his  or
    21  her  discharge,  probation, parole, release to post-release supervision,
    22  or upon any other form of federal, state or local  conditional  release;
    23  or
    24    (b)  If  the  terrorist does not receive discharge, probation, parole,
    25  release to post-release supervision, or any other form of federal, state
    26  or local conditional release, then the chief law enforcement officer  in
    27  the village, town or city in which the terrorist actually resides; or
    28    (c) If there is no chief law enforcement officer in such village, town
    29  or city, the chief law enforcement officer of the county; or
    30    (d)  If  there  is no chief enforcement officer in such village, town,
    31  city or county, the division of state police.
    32    6. "Division" means the  division  of  criminal  justice  services  as
    33  defined by section eight hundred thirty-seven of the executive law.
    34    7.  "Department"  means  the  department  of corrections and community
    35  supervision, as defined in subdivision one of section two,  and  section
    36  five, of this chapter.
    37    8.  "Office  of  probation  and  correctional  alternatives" means the
    38  office of  probation  and  correctional  alternatives  as  described  in
    39  section two hundred forty of the executive law.
    40    9.  "Hospital"  means  a  hospital  as  defined  in subdivision two of
    41  section four hundred of this chapter and applies to persons committed to
    42  such hospital by order of commitment made pursuant to article sixteen of
    43  this chapter.
    44    10. "Local correctional facility" means the local correctional facili-
    45  ty as that term is defined in subdivision sixteen of section two of this
    46  chapter.
    47    11. "Probation" means a sentence  of  probation  imposed  pursuant  to
    48  article  sixty-five  of  the  penal  law and shall include a sentence of
    49  imprisonment imposed in conjunction with a sentence of probation.
    50    12. "Internet access provider" means  any  business,  organization  or
    51  other  entity engaged in the business of providing a computer and commu-
    52  nications facility through which a customer may  obtain  access  to  the
    53  internet.
    54    13.  "Internet  service  provider" means any business, organization or
    55  other entity engaged in the  business  of  providing  telecommunication,

        A. 3363                             5
 
     1  cable  and/or  broadband services to connect to, and communicate on, the
     2  internet, or any other broad multi-user computer system.
     3    14.  "Internet  identifiers"  means  any electronic mail addresses and
     4  designations used for the purposes of chat,  instant  messaging,  social
     5  networking or other similar internet communication.
     6    15.  "Cellular  service  provider" means any business, organization or
     7  other entity engaged in the business of providing cellular telephone  or
     8  device  service  through  which  a  customer may make cellular telephone
     9  calls or obtain access to the internet, but does not include a business,
    10  organization or other entity to the extent that it  provides  only  land
    11  line or cable telecommunications services.
    12    16. "Registry" means the New York state terrorist registry established
    13  and  maintained by the division of criminal justice services pursuant to
    14  this article.
    15    17. "Registrant" means a terrorist, that upon examination, pursuant to
    16  section one hundred sixty-nine-f  of  this  article,  the  division  has
    17  determined  shall be required to register with, and be added to, the New
    18  York state terrorist registry.
    19    18. "Confinement entity" means the department, or  any  other  office,
    20  agency, government, corporation or other institution which maintains the
    21  correctional  facility,  hospital,  local  correctional facility, or any
    22  other similar type of secure facility, at which a terrorist, as  defined
    23  in subdivision one of this section, is confined.
    24    §  169-c. Duties of the division.  1. Terrorist registry. The division
    25  shall establish and maintain  an  information  file  on  all  terrorists
    26  required  to  register pursuant to the provisions of this article, which
    27  shall include all the information  set  forth  in  section  one  hundred
    28  sixty-nine-d  of  this article, and which shall be known as the New York
    29  state terrorist registry.
    30    2. Registrant notification. The division shall notify every  terrorist
    31  required to be registered under this article, pursuant to the provisions
    32  of  section  one  hundred  sixty-nine-e of this article, but in no event
    33  shall the failure of a terrorist to receive such notice,  or  the  divi-
    34  sion's  failure  to provide such notice, relieve such terrorist from any
    35  obligation required by this article.
    36    3. Initial assembly of the registry. The division, pursuant to section
    37  one hundred sixty-nine-f of this article, shall conduct examinations  to
    38  determine  what terrorists shall be initially added to the registry, and
    39  upon such examinations and determinations, in  accordance  with  section
    40  one  hundred  sixty-nine-g of this article, shall add such terrorists to
    41  the New York state terrorist registry.
    42    4. Examinations of potential registrants. The division, in  accordance
    43  with  section one hundred sixty-nine-f of this article, shall make regu-
    44  lar examinations to determine what terrorists  shall  be  added  to  the
    45  registry.
    46    5.  Standardized registration information form, personalized registra-
    47  tion  information  form and standardized registration form. The division
    48  shall develop a standardized registration information form, a  personal-
    49  ized registration information form and a standardized registration form,
    50  pursuant to section one hundred sixty-nine-e of this article.
    51    6.  Standardized verification information form, personalized verifica-
    52  tion form and standardized verification form. The division shall develop
    53  a standardized verification information form, a  personalized  verifica-
    54  tion  form and a standardized verification form, pursuant to section one
    55  hundred sixty-nine-e of this article.

        A. 3363                             6
 
     1    7. Registration and verification of terrorists. The division, pursuant
     2  to section one hundred sixty-nine-h of this article, shall  provide  for
     3  the  registration  and  verification of terrorists added to the New York
     4  state terrorist registry.
     5    8.  Notification  of  change  of  address.  The  division, pursuant to
     6  section one hundred sixty-nine-m of this article, shall provide for  the
     7  notification  of  law  enforcement  agencies having jurisdiction, when a
     8  registrant notifies the division of a change of address.
     9    9. Registry information sharing. The division, pursuant to section one
    10  hundred sixty-nine-n of this article, is authorized  to  share  the  New
    11  York  state terrorist registry, and all the information contained there-
    12  in, to advance the purposes of this article.
    13    10. Secure information. The division, pursuant to section one  hundred
    14  sixty-nine-n of this article, in consultation with the division of home-
    15  land  security  and emergency services and the division of state police,
    16  shall review the information contained on the registry, and shall deter-
    17  mine whether the disclosure of any particular information  contained  on
    18  the  registry may cause a security risk to the people or property of the
    19  state of New York, and upon  such  determination  that  such  particular
    20  information  needs  to  be deemed secure, the division shall remove such
    21  secure information from public accessibility.
    22    11. DNA custody and analysis. The division, pursuant  to  section  one
    23  hundred  sixty-nine-o  of  this  article,  shall provide for the secure,
    24  custodial transfer of the DNA sample collected from the registrant,  for
    25  the  preservation,  storage  and  analysis of such DNA sample, and shall
    26  further provide for the subsequent secure custodial transfer of the  DNA
    27  sample,  and/or  the analysis produced therefrom, to the state DNA iden-
    28  tification index, maintained pursuant to section  nine  hundred  ninety-
    29  five-c of the executive law.
    30    12.  Fingerprint  custody  and  analysis.  The  division,  pursuant to
    31  section one hundred sixty-nine-o of this article, shall provide for  the
    32  secure, custodial transfer of the fingerprints collected from the regis-
    33  trant,  to the laboratory maintained by the division of state police, or
    34  another approved fingerprint analysis entity as contracted with  by  the
    35  division,  for  the  preservation,  storage and analysis of such finger-
    36  prints.
    37    13. Registry and verification fees. The division, pursuant to  section
    38  one  hundred sixty-nine-p of this article, shall be authorized to charge
    39  registration and verification fees to be paid to  the  division  by  the
    40  registrant,  at the time and manner prescribed by the division, with the
    41  state comptroller being authorized to deposit such fees into the general
    42  fund.
    43    14. Special telephone number. The division shall establish and operate
    44  a special telephone number pursuant to section one hundred  sixty-nine-q
    45  of this article.
    46    15.  Internet  directory.  The  division  shall  establish an internet
    47  directory pursuant to section one hundred sixty-nine-r of this article.
    48    § 169-d. Registration information. The division, pursuant to  subdivi-
    49  sion  one  of  section  one  hundred sixty-nine-c of this article, shall
    50  establish and maintain an information file on all terrorists required to
    51  register pursuant to the provisions of section one hundred  sixty-nine-h
    52  of  this  article,  which shall be known as the New York state terrorist
    53  registry, and which shall include the following information on each such
    54  registrant:
    55    1. Personal information, including:
    56    (a) The terrorist's name;

        A. 3363                             7
 
     1    (b) All aliases currently or ever used by the terrorist;
     2    (c) The date of birth of the terrorist;
     3    (d) The sex of the terrorist;
     4    (e) The race of the terrorist;
     5    (f)  The height, weight, eye color, distinctive markings, and build of
     6  the terrorist;
     7    (g) The nation of origin and country or countries  of  citizenship  of
     8  the terrorist;
     9    (h)  The  driver's  license number or non-driver's identification card
    10  number of the terrorist;
    11    (i) The passport number of the most recent passport of the terrorist;
    12    (j) The home address and/or expected place of domicile  and/or  actual
    13  place of domicile of the terrorist;
    14    (k)  The social security number, or taxpayer identification number, of
    15  the terrorist;
    16    (l) Any and all internet accounts with internet service/access provid-
    17  ers belonging to such terrorist;
    18    (m) Any and all internet identifiers that such terrorist uses, or  has
    19  used; and
    20    (n)  Any and all cellular accounts and cellular telephone numbers with
    21  cellular service providers belonging to the terrorist, or  any  and  all
    22  cellular  accounts  and cellular telephone numbers with cellular service
    23  of which the terrorist has authorized use;
    24    2. Forensic information, including:
    25    (a) A photograph of  the  terrorist,  taken  in  accordance  with  the
    26  provisions of this article, which shall be updated annually;
    27    (b)  A  complete  set  of  fingerprints of the terrorist, collected in
    28  accordance with the provisions of this article;
    29    (c) A DNA sample, collected in accordance with the provisions of  this
    30  article,  with such sample being compliant with testing for the combined
    31  DNA index system (CODIS), and with such sample capable  of  providing  a
    32  report  and analysis of autosomal DNA (atDNA), mitochondrial DNA (mtDNA)
    33  and Y-chromosome DNA (Y-DNA), together with any other screening  or  DNA
    34  testing as may be required by the division; and
    35    (d)  A  DNA  analysis  of the DNA sample collected from the terrorist,
    36  performed by a laboratory approved by the division, with  such  analysis
    37  being  compliant  with  the  combined DNA index system (CODIS), and with
    38  such analysis capable of providing a report and  analysis  of  autosomal
    39  DNA  (atDNA),  mitochondrial  DNA  (mtDNA) and Y-chromosome DNA (Y-DNA),
    40  together with any other screening or DNA testing as may be  required  by
    41  the division;
    42    3.  Terrorist  incident  information,  including,  for  each and every
    43  terrorist incident involving the terrorist:
    44    (a) A complete description of the incident and its surrounding  events
    45  for  which the terrorist was convicted, detained, deported, transported,
    46  or designated;
    47    (b) The date of the incident and its surrounding events for which  the
    48  terrorist was convicted, detained, deported, transported, or designated;
    49    (c)  A complete description of each and every consequence of the inci-
    50  dent and its surrounding events for which the terrorist  was  convicted,
    51  detained, deported, transported, or designated, including each and every
    52  sentence,  fine,  punishment  and/or sanction imposed as a result of the
    53  incident; and
    54    (d) The date of each and every  conviction,  detainment,  deportation,
    55  transportation,  and/or  designation  that  occurred  as a result of the

        A. 3363                             8
 
     1  incident, and each and every sentence, fine, punishment and/or  sanction
     2  imposed as a result of the incident;
     3    4. Employment information of the terrorist, including:
     4    (a)  In  the case of a terrorist who is employed, or who expects to be
     5  employed:
     6    (i) the name and  address  of  the  terrorist's  current  or  expected
     7  employer;
     8    (ii) a complete description of the terrorist's employment duties, work
     9  locations, job titles and tools and materials utilized during the course
    10  of employment; and
    11    (iii) a complete list of the terrorist's supervisors; and
    12    (b)  In the case of a terrorist who is a student, or who expects to be
    13  a student:
    14    (i) the name and address of the terrorist's educational institution or
    15  expected educational institution;
    16    (ii) a complete description  of  the  terrorist's  classes  taken,  or
    17  expected to be taken, classroom locations, and educational credits; and
    18    (iii) a complete list of the terrorist's professors.
    19    5. Supplemental and verification information of the terrorist, includ-
    20  ing:
    21    (a) An annual update of the terrorist's photograph; and
    22    (b)  Any  other additional and further information deemed pertinent by
    23  the division.
    24    §  169-e.  Registrant  notification;  standardized  registration   and
    25  verification  forms. 1. Registration packet. The division shall create a
    26  non-forwardable registration packet, which shall consist of a  standard-
    27  ized registration information form, a personalized registration informa-
    28  tion form, and a standardized registration form.
    29    2.  Standardized  registration  information  form.  The division shall
    30  create a  standardized  registration  information  form,  in  clear  and
    31  concise  language,  with  the  purpose of providing information to every
    32  terrorist, required to register with the New York state terrorist regis-
    33  try, on the following:
    34    (a) Duty and obligation to  register.  The  standardized  registration
    35  information  form  shall provide information concerning the registrant's
    36  duty and obligation to register with the division;
    37    (b) Further duties and obligations of  registrants.  The  standardized
    38  registration  information  form  shall also provide information advising
    39  the registrant of his or her duties and obligations under this  article;
    40  and
    41    (c)  Manner of registration. The standardized registration information
    42  form shall additionally provide information concerning  the  manner  and
    43  procedures  that  a  registrant shall be required to follow, in order to
    44  properly register in accordance with the  provisions  of  this  article,
    45  including:
    46    (i)  detailed  directions  and  information  as to how to complete the
    47  standardized registration form;
    48    (ii) detailed directions and information as to how the registrant must
    49  appear before the law enforcement agency having jurisdiction, as well as
    50  information concerning the registrant's requirement to  provide  his  or
    51  her  photograph,  fingerprints  and a DNA sample to such law enforcement
    52  agency; and
    53    (iii) detailed directions and information concerning the  registrant's
    54  responsibility to pay a one hundred dollar registration fee to the divi-
    55  sion,  pursuant to section one hundred sixty-nine-p of this article, and
    56  the available means and manner in which such fee shall be paid.

        A. 3363                             9
 
     1    3. Personalized registration  information  form.  The  division  shall
     2  create  a  personalized  registration  information  form,  in  clear and
     3  concise language, with the purpose of  providing  information  to  every
     4  terrorist  required to register with the New York state terrorist regis-
     5  try  with detailed directions and information as to where the registrant
     6  must appear before the law enforcement agency having jurisdiction, which
     7  shall specify the  address,  telephone  number  and  designated  contact
     8  person of such law enforcement agency.
     9    4.  Standardized registration form. The division shall create a stand-
    10  ardized registration form, in  clear  and  concise  language,  with  the
    11  purpose of collecting the registration information identified in section
    12  one  hundred sixty-nine-d of this article, from every terrorist required
    13  to register with the New York state terrorist registry.
    14    5. Verification packet. The division shall  create  a  non-forwardable
    15  verification  packet, which shall consist of a standardized verification
    16  information form, a personalized verification information  form,  and  a
    17  standardized verification form.
    18    6.  Standardized  verification  information  form.  The division shall
    19  create a  standardized  verification  information  form,  in  clear  and
    20  concise  language,  with  the  purpose of providing information to every
    21  terrorist, required to register with the New York state terrorist regis-
    22  try, on the following:
    23    (a) Duty and obligation  to  provide  verification.  The  standardized
    24  verification  information  form shall provide information concerning the
    25  registrant's duty and obligation to provide quarterly verification  with
    26  the division;
    27    (b)  Further  duties  and obligations of registrants. The standardized
    28  verification information form shall also  provide  information  advising
    29  the  registrant of his or her duties and obligations under this article;
    30  and
    31    (c) Manner of registration. The standardized verification  information
    32  form  shall  additionally  provide information concerning the manner and
    33  procedures that a registrant shall be required to follow,  in  order  to
    34  properly  provide verification in accordance with the provisions of this
    35  article, including:
    36    (i) detailed directions and information as  to  how  to  complete  the
    37  standardized verification form;
    38    (ii)  detailed  directions  and information as to how to appear before
    39  the law enforcement agency having jurisdiction,  concerning  the  regis-
    40  trant's  requirement  to annually update his or her photograph with such
    41  law enforcement agency; and
    42    (iii) detailed directions and information concerning  the  terrorist's
    43  responsibility  to  pay  a ten dollar change of address fee to the divi-
    44  sion, as well as a ten dollar annual updated photograph fee, pursuant to
    45  section one hundred sixty-nine-p of  this  article,  and  the  available
    46  means and manner in which such fee or fees shall be paid.
    47    7.  Personalized  verification  information  form.  The division shall
    48  create a  personalized  verification  information  form,  in  clear  and
    49  concise  language,  with  the  purpose of providing information to every
    50  terrorist required to register with the New York state terrorist  regis-
    51  try  with detailed directions and information as to where the registrant
    52  must appear before the law enforcement agency having jurisdiction, which
    53  shall specify the  address,  telephone  number  and  designated  contact
    54  person of such law enforcement agency. Such personal verification infor-
    55  mation  information  form  shall  further indicate the date by which the

        A. 3363                            10
 
     1  registrant must appear before the law enforcement agency  having  juris-
     2  diction to provide such updated photograph.
     3    8.  Standardized verification form. The division shall create a stand-
     4  ardized verification form, in  clear  and  concise  language,  with  the
     5  purpose of collecting the quarterly supplemental and verification infor-
     6  mation  identified  in section one hundred sixty-nine-d of this article,
     7  from every terrorist required  to  register  with  the  New  York  state
     8  terrorist registry.
     9    9.  Availability  of  information  and forms. In addition to the other
    10  provisions of this section, the division shall further make  information
    11  and forms available as follows:
    12    (a) The division shall make paper copies of the standardized registra-
    13  tion information form, the standardized registration form, the standard-
    14  ized  verification  information  form  and the standardized verification
    15  form available to registrants, attorneys representing  registrants,  the
    16  unified  court  system,  the  department,  federal,  state and local law
    17  enforcement, and such other and further individuals and entities as  the
    18  division deems appropriate;
    19    (b) The division shall further post electronic copies of the standard-
    20  ized  registration information form, the standardized registration form,
    21  the standardized verification  information  form  and  the  standardized
    22  verification  form,  produced  in  accordance  with this section, on the
    23  official website of the division, and such electronic forms shall all be
    24  in a downloadable format, to allow for the  submission  of  a  completed
    25  copy  of  such  form or forms to the division, regardless of whether any
    26  such form or forms have been provided to, or  received  by,  the  regis-
    27  trant,  or  regardless  of  whether such registrant has in fact received
    28  notice of his or her duty and obligation to register as required by this
    29  article; and
    30    (c) The division shall also maintain a  toll  free  telephone  number,
    31  which  shall  be  displayed  on the official website of the division, to
    32  provide, upon request of any person required to register  with  the  New
    33  York  state terrorist registry, or their representative, all information
    34  that is necessary for a registrant to complete their  registration  with
    35  the  New  York state terrorist registry, or for a registrant to complete
    36  their verification, including information that would be  provided  in  a
    37  personalized  registration  information form or a personalized verifica-
    38  tion information form.
    39    10. Advertisement.  The  division  shall  advertise  on  its  official
    40  website that all terrorists added to the New York state terrorist regis-
    41  try shall be required to register and provide verification under penalty
    42  of  law,  and  that the information and forms necessary to complete such
    43  registration and provide such verification are available for download on
    44  the division's website and that further information can be obtained from
    45  the toll free telephone number established in accordance with  paragraph
    46  (c) of subdivision nine of this section.
    47    11.  Purpose  of  the registration packet. The purpose of the non-for-
    48  wardable registration packet created in accordance with subdivision  one
    49  of  this  section,  shall  be to inform every terrorist added to the New
    50  York state terrorist registry of such terrorist's duty and obligation to
    51  register as required by this  article,  and  to  collect  the  necessary
    52  information from such terrorist as required by this article.
    53    12.  Mailing  of registration packet. The non-forwardable registration
    54  packet, as defined in subdivision one of this section, shall  be  mailed
    55  by  the division, by first class mail, to the last known address of such

        A. 3363                            11
 
     1  terrorist, in accordance with the timelines established  by  subdivision
     2  fifteen of this section.
     3    13.  Purpose  of  the verification packet. The purpose of the non-for-
     4  wardable verification packet, created  in  accordance  with  subdivision
     5  five  of  this section, shall be to inform every registrant added to the
     6  New York state terrorist registry of such registrant's  duty  and  obli-
     7  gation  to  provide  verification  as  required  by this article, and to
     8  collect the necessary verification information from such  registrant  as
     9  required by this article.
    10    14.  Mailing  of verification packet. The non-forwardable verification
    11  packet, as defined in subdivision five of this section, shall be  mailed
    12  by  the division, by first class mail, to the last known address of such
    13  registrant, in accordance with the timelines established by  subdivision
    14  fifteen of this section.
    15    15.  Timelines.  With respect to the requirements of this article, the
    16  following timelines shall apply:
    17    (a) The mailing required in accordance with the provisions of subdivi-
    18  sion twelve of this section shall be completed by  the  division  within
    19  ten  calendar  days of the date on which the division adds the terrorist
    20  to whom the mailing is directed to the New York state  terrorist  regis-
    21  try;
    22    (b)  The  mailing  required in accordance with subdivision fourteen of
    23  this section shall be completed  by  the  division  within  seventy-five
    24  calendar days of the date on which the registrant to whom the mailing is
    25  directed  provides the division with all the information required in the
    26  standardized registration form, and then again, every ninety days there-
    27  after;
    28    (c) The registrant, within ten calendar days of  the  receipt  of  the
    29  registration packet from the division, or within thirty calendar days of
    30  the  mailing  of  registration  packet  by  the division, or within five
    31  calendar days of downloading the standardized registration form from the
    32  division's website, or within five days of being personally notified  by
    33  the division or its representative, whichever is earlier, shall return a
    34  fully  executed, signed and completed copy of the standardized registra-
    35  tion form to the division, either by means of United States first  class
    36  mail,  or  by  means  of personal delivery to the law enforcement agency
    37  having jurisdiction;
    38    (d) The registrant, within ten calendar days of  the  receipt  of  the
    39  verification  packet  from the division, or within fifteen calendar days
    40  of the mailing of verification packet by the division,  or  within  five
    41  calendar days of downloading the standardized verification form from the
    42  division's  website,  or  within  five calendar days of being personally
    43  notified by the division or its representative,  whichever  is  earlier,
    44  shall  return  a fully executed, signed and completed copy of the stand-
    45  ardized verification form to the division, either  by  means  of  United
    46  States  first  class  mail,  or by means of personal delivery to the law
    47  enforcement agency having jurisdiction;
    48    (e) The registrant, within fifteen calendar days of the receipt of the
    49  registration packet from the division, or  within  thirty-five  calendar
    50  days  of  the  mailing of registration packet by the division, or within
    51  ten calendar days of downloading the standardized registration form from
    52  the division's website, or within five calendar days of being personally
    53  notified by the division or its representative,  whichever  is  earlier,
    54  shall  appear  before the law enforcement agency having jurisdiction, to
    55  provide fingerprints, an initial photograph and  a  DNA  sample,  unless
    56  such  registrant  has previously had their initial photograph previously

        A. 3363                            12

     1  taken, and their fingerprints and DNA sample  previously  collected,  in
     2  accordance  with  subdivisions  three  and  five  of section one hundred
     3  sixty-nine-j of this article, or in accordance with  subdivisions  three
     4  and five of section one hundred sixty-nine-k of this article; and
     5    (f)  The  registrant  shall annually appear before the law enforcement
     6  agency having jurisdiction, not later than one year after, and not prior
     7  to three hundred thirty days before, the anniversary date of the  taking
     8  or his or her initial photograph in order to provide the division within
     9  an updated photograph.
    10    16. Duty and obligation to register and provide verification absolute.
    11  In  no  event  shall  the  failure of a terrorist to receive any notice,
    12  registration packet or verification packet, or of the division  to  fail
    13  to  provide  such notice, registration packet or verification packet, or
    14  of the failure of the division  to  provide  such  notice,  registration
    15  packet  or verification packet within the time required pursuant to this
    16  section, relieve any such terrorist from any duty or obligation required
    17  by this article.
    18    17. Violations. In the event that a completed  standardized  registra-
    19  tion  form or a completed standardized verification form is not returned
    20  to the division by a registrant within the timelines  required  pursuant
    21  to  subdivision  fifteen of this section, the division shall immediately
    22  notify the division of state police,  the  state  division  of  homeland
    23  security  and  emergency  services,  and the United States department of
    24  homeland security, whereupon the division of state  police  shall  imme-
    25  diately  cause  such terrorist to be arrested and charged with a failure
    26  to register in accordance with this article,  and  pursuant  to  section
    27  490.23 of the penal law.
    28    18.  Late  filings.  The  division  may by regulation identify certain
    29  circumstances when the commissioner may authorize the late submission of
    30  a standardized registration form, a standardized verification  form,  or
    31  the  late  collection of fingerprints, DNA sample, initial photograph or
    32  updated photograph, but in no event shall  a  late  submission  or  late
    33  collection  be authorized more than ninety days after the registrant, if
    34  of legal capacity, received actual notice, of their duty and  obligation
    35  to  submit or have collected such standardized registration form, stand-
    36  ardized verification form, fingerprints, DNA sample, initial  photograph
    37  or updated photograph.
    38    19.  Regulations.  The division shall promulgate rules and regulations
    39  to implement the provisions of this section.
    40    § 169-f. Examination of potential  registrants.  1.  Generally.    The
    41  division shall make regular examinations to determine whether terrorists
    42  shall be added to the registry, and upon any such examination and deter-
    43  mination  that a terrorist shall be added to the registry, in accordance
    44  with the provisions of this section, the division shall add such terror-
    45  ist to the registry, and shall notify such terrorist pursuant to section
    46  one hundred sixty-nine-e of this article.
    47    2. Release notification. In the case of any terrorist, it shall be the
    48  duty of the confinement entity in whose custody such terrorist is  held,
    49  at least sixty calendar days prior to the release of such terrorist from
    50  such  custody,  to notify the division, in a form and manner provided by
    51  the division, of the contemplated release or discharge of  such  terror-
    52  ist.  The  notification provided shall include the address at which such
    53  terrorist proposes to reside. If such terrorist changes his or her place
    54  of residence while on parole, such notification of the change  of  resi-
    55  dence shall be sent by the terrorist's parole officer within forty-eight
    56  hours  to  the division, on a form and in a manner provided by the divi-

        A. 3363                            13
 
     1  sion. In the event that the confinement entity is unable to  notify  the
     2  division  of  the contemplated release or discharge of such terrorist at
     3  least sixty days prior to such  release,  the  confinement  entity  must
     4  provide  an emergency notification to the division, in a form and manner
     5  provided by the division.
     6    3. Probation notification. In the case of any terrorist on  probation,
     7  it  shall be the duty of the terrorist's probation officer to notify the
     8  division, within forty-eight hours, of any initial or changed  place  of
     9  residence  of  such  terrorist,  in  the form and manner provided by the
    10  division.
    11    4. Escape notification. In the event that any terrorist  escapes  from
    12  the  custody  of  any confinement entity, the designated official of the
    13  confinement entity, shall immediately notify, by telephone and/or email,
    14  the division of such escape. Within twenty-four hours,  the  confinement
    15  entity shall further provide the division and the law enforcement agency
    16  having  jurisdiction  at,  and  immediately  prior  to,  the time of the
    17  terrorist's confinement, with:
    18    (a) The name and aliases of the terrorist;
    19    (b) The address at which the terrorist resided at the time of  his  or
    20  her confinement;
    21    (c)  The amount of time remaining on the terrorist's confinement to be
    22  served, if any;
    23    (d) The nature of the offense for which the terrorist was confined;
    24    (e) A recent photograph of the terrorist; and
    25    (f) The fingerprints of the terrorist.
    26    5. Purpose. It shall be the purpose  of  the  division's  examinations
    27  under this section to determine what terrorists are or will be residing,
    28  working,  or  attending educational institutions, in New York state, and
    29  whether, pursuant to the provisions of  this  article,  such  terrorists
    30  should be added to the New York state terrorist registry.
    31    6.  Communication  with other entities. (a) In conducting its examina-
    32  tions, pursuant to this section, to determine  what  terrorists  are  or
    33  will  be residing, working, or attending educational institutions in New
    34  York state, the division shall  communicate  with  the  following  state
    35  entities:
    36    (i) The department;
    37    (ii) The division of parole;
    38    (iii) The office of probation and correctional alternatives;
    39    (iv) The department of health;
    40    (v) The department of education;
    41    (vi)  The office of court administration, and any court of the unified
    42  court system;
    43    (vii) The division of state police;
    44    (viii) The division  of  homeland  security  and  emergency  services;
    45  and/or
    46    (ix) Any other state or local entity the division deems appropriate.
    47    (b)  In further conducting its examinations, pursuant to this section,
    48  to determine what terrorists  are  or  will  be  residing,  working,  or
    49  attending  educational  institutions,  in  New  York state, the division
    50  shall also communicate with the following federal, interstate or  inter-
    51  national entities:
    52    (i) The federal bureau of prisons;
    53    (ii)  The  United  State department of defense, and its armed services
    54  branches;
    55    (iii) The United State department of state;
    56    (iv) The United States department of justice;

        A. 3363                            14

     1    (v) The United States department of homeland security;
     2    (vi) The central intelligence agency;
     3    (vii) The office of the director of national intelligence;
     4    (viii) The International Criminal Police Organization (INTERPOL); and
     5    (ix)  Any other federal, interstate, or international entity the divi-
     6  sion deems appropriate.
     7    7. Grounds to add a terrorist to the  registry.  Upon  examination  in
     8  accordance  with  this  section,  the division shall add a terrorist, as
     9  defined by subdivision one of section one hundred sixty-nine-b  of  this
    10  article,  to  the  New  York  state terrorist registry, and provide such
    11  terrorist with notification that they have been so added to the registry
    12  in accordance with section one hundred sixty-nine-e of this article,  if
    13  the division determines that such terrorist is:
    14    (a)  Not  presently subject to confinement but is currently, has been,
    15  or will be within the next ninety days, living, working or attending  an
    16  educational institution within New York state, or
    17    (b) Is presently in the custody of a confinement entity, or is subject
    18  to  community  supervision  or  probation, and is scheduled for a condi-
    19  tional release or any other discharge in New York state, or
    20    (c) Is presently in the custody of a confinement entity, or is subject
    21  to community supervision or probation, and is  scheduled  for  a  condi-
    22  tional release or any other discharge outside of New York state and such
    23  terrorist  has  evidenced  any  intention  to  reside, work or attend an
    24  educational institution in New York state.
    25    8. Court application to add a person to the registry. Upon examination
    26  in accordance with this section, and upon  a  finding  that  the  person
    27  examined may not have committed a terrorist offense as defined in subdi-
    28  vision  two  of  section  one hundred sixty-nine-b of this article, or a
    29  verifiable act of terrorism, as defined in subdivision three of  section
    30  one hundred sixty-nine-b of this article, but in the joint determination
    31  of  the  division  and  the  division of homeland security and emergency
    32  services, that such person nonetheless  still  presents  a  serious  and
    33  immediate  risk of performing, promoting, supporting and/or facilitating
    34  a terrorist act against the people and/or property of the state  of  New
    35  York,  then  the division may make an application to a supreme court, in
    36  accordance with section one hundred sixty-nine-i of this article, to add
    37  such person to the New York state terrorist registry, and if such  court
    38  issues the certification, then the division shall add such person to the
    39  registry,  and  provide such person with notification in accordance with
    40  section one hundred sixty-nine-e of this article.
    41    9.  Addition to the registry by court order.  Where  a  court  of  the
    42  unified court system in New York, issues a certification to add a person
    43  to the New York state terrorist registry, in accordance with section one
    44  hundred  sixty-nine-i  of this article, then the division shall add such
    45  person to the registry, and provide such  person  with  notification  in
    46  accordance with section one hundred sixty-nine-e of this article.
    47    10.  Removal from the registry by court order. Where the supreme court
    48  in the county where a registrant resides, or the supreme court of Albany
    49  county where a person does not reside in New York state, issues a  deci-
    50  sion  and/or  order to remove a person from the New York state terrorist
    51  registry, in accordance with section one hundred  sixty-nine-i  of  this
    52  article,  then  the division shall remove such person from the registry,
    53  and provide such person with notification  of  their  removal  from  the
    54  registry,  but  the  division may appeal such decision and/or order, and
    55  such removal shall not be performed by  the  division  until  the  final

        A. 3363                            15
 
     1  appeal is decided in favor of the person seeking removal from the regis-
     2  try.
     3    §  169-g. Initial assembly of the registry. The division, within sixty
     4  days of the effective date of this article, shall commence  examinations
     5  and  make  determinations, in accordance with section one hundred sixty-
     6  nine-f of this article, to determine what terrorists shall be  initially
     7  added  to  the  registry, and upon such examinations and determinations,
     8  shall add such terrorists to the registry, and shall  thereafter  notify
     9  such  terrorists  that  they have been added to the registry pursuant to
    10  section one hundred sixty-nine-e of this article.
    11    § 169-h. Registration and verification of terrorists.  1.    Duty  and
    12  obligation  to  register  and  verify.  Any person added to the New York
    13  state terrorist registry by the division, in accordance with section one
    14  hundred sixty-nine-f of this article, shall be required,  and  have  the
    15  duty  and  obligation  to  register  and  verify,  and  shall further be
    16  required and have the duty and obligation to provide the required regis-
    17  tration and quarterly verification information, in accordance with  this
    18  article.
    19    2.  Specific  duties and obligations.   Any terrorist added to the New
    20  York state terrorist registry by the division  shall  be  required,  and
    21  shall have the duty and obligation to:
    22    (a) Register under this article;
    23    (b) Provide the division with a completed, signed, standardized regis-
    24  tration  form,  containing  all the required registration information in
    25  accordance with section one hundred sixty-nine-d of this article, within
    26  the times, and pursuant to the means of delivery, required by this arti-
    27  cle;
    28    (c) Unless such terrorist has previously had their initial  photograph
    29  previously  taken,  in  accordance  with  subdivisions three and five of
    30  section one hundred sixty-nine-j of this article, or in accordance  with
    31  subdivisions  three and five of section one hundred sixty-nine-k of this
    32  article, appear to, and be photographed by, the specified  law  enforce-
    33  ment agency having jurisdiction, within the times, and at the locations,
    34  required pursuant to this article;
    35    (d)  Unless  such  terrorist  has  previously  had  their fingerprints
    36  collected, in accordance with subdivisions three and five of section one
    37  hundred sixty-nine-j of this article, or in accordance with subdivisions
    38  three and five of section one  hundred  sixty-nine-k  of  this  article,
    39  appear to, and be fingerprinted by, the specified law enforcement agency
    40  having  jurisdiction,  within  the times, and at the locations, required
    41  pursuant to this article;
    42    (e)  Unless  such  terrorist  has  previously  had  their  DNA  sample
    43  collected, in accordance with subdivisions three and five of section one
    44  hundred sixty-nine-j of this article, or in accordance with subdivisions
    45  three  and  five  of  section  one hundred sixty-nine-k of this article,
    46  appear to, and submit to  a  DNA  sample  taken  by  the  specified  law
    47  enforcement  agency  having  jurisdiction,  within the times, and at the
    48  locations, required pursuant to this article; and
    49    (f) Provide the division  with  any  other  and  further  registration
    50  information required by this article.
    51    3.  Continuing duties and obligations.  Any terrorist added to the New
    52  York state terrorist registry by the division shall further be required,
    53  and shall have the continuing duty to:
    54    (a) Verify under this article;
    55    (b) Provide the division with a completed, signed, standard  verifica-
    56  tion  form,  containing  all  the  required  verification information in

        A. 3363                            16
 
     1  accordance with section one hundred sixty-nine-d of this article, within
     2  the times, and pursuant to the means of delivery, required by this arti-
     3  cle;
     4    (c)  Appear  to,  and  be  annually photographed by, the specified law
     5  enforcement agency having jurisdiction, within the  times,  and  at  the
     6  locations, required pursuant to this article; and
     7    (d)  Provide  the  division  with  any  other and further verification
     8  information required by this article.
     9    4. Discontinued duties and obligations.  The duty to  register  and/or
    10  verify  under  the provisions of this article shall not be applicable to
    11  any person whose conviction was reversed upon appeal or who was pardoned
    12  by the governor or the president for the offense which  was  the  reason
    13  the division added such person to the New York state terrorist registry.
    14    5.  Change  of  address.  Any  terrorist  added  to the New York state
    15  terrorist registry shall, in addition to any other information  required
    16  by  this  article,  register his or her current residential address, and
    17  the address of his or her place of employment or educational institution
    18  attended, with the division, and shall notify the division of any change
    19  of residence, employment or educational institution address  in  accord-
    20  ance with the provisions of this article.
    21    §  169-i. Duties of the court. 1. Certification of terrorist. (a) Upon
    22  conviction of any of the offenses set  forth  in  article  four  hundred
    23  ninety  of  the  penal law, the court shall certify that the person is a
    24  terrorist, and shall include the certification in the order  of  commit-
    25  ment,  if any, and judgment of conviction, and shall additionally direct
    26  the division to add such person, so convicted, to  the  New  York  state
    27  terrorist registry.
    28    (b)  If  the  person  certified as the registrant is present in court,
    29  then the court shall advise such person of his or her duties  and  obli-
    30  gations  under this article, but in the event of his or her absence from
    31  court, the court shall direct the division  to  mail  such  terrorist  a
    32  registration  packet  in  accordance  with the provisions of section one
    33  hundred sixty-nine-e of this article.
    34    (c) Any failure of the court to include the certification in the order
    35  of commitment or the judgment of conviction shall not relieve a  terror-
    36  ist  of the duties and obligations imposed by this article, nor prohibit
    37  the division from adding such person to the  New  York  state  terrorist
    38  registry in accordance with the provisions of this article.
    39    (d)  Any person who a court certifies as a registrant, who is released
    40  on probation or discharged upon payment of a fine, conditional discharge
    41  or unconditional discharge, shall, prior to such release  or  discharge,
    42  be  informed  of  his  or her duty and obligation to register under this
    43  article by the court in which he or she was convicted, and at  the  time
    44  sentence  is imposed, such terrorist shall register with the division on
    45  the standardized registration form prepared by the division  in  accord-
    46  ance with this article as follows:
    47    (i)  The  court  shall  require the terrorist to read and complete the
    48  standardized registration form, sign the same in  the  presence  of  the
    49  court, and submit such completed document back to the court;
    50    (ii)  Upon completion of the standardized registration form, the court
    51  shall give one copy of such form to the terrorist, and shall direct  the
    52  immediate transmission of the original completed and signed standardized
    53  registration  form  to  the  division, which shall, upon receipt of such
    54  form, add such person  to  the  registry  and  forward  the  information
    55  collected  to  the  law  enforcement  agencies  having  jurisdiction, in
    56  accordance with this article;

        A. 3363                            17
 
     1    (iii) The court shall further notify the terrorist  that  within  five
     2  calendar  days,  such  terrorist shall appear before the law enforcement
     3  agency having jurisdiction, or the office of probation and  correctional
     4  alternatives,  to  provide fingerprints, an initial photograph and a DNA
     5  sample; and
     6    (iv)  From  the  completed  standardized  registration form, the court
     7  shall place upon the record the fact that the terrorist shall  be  added
     8  to  the  New  York  state  terrorist registry, and the address where the
     9  terrorist will be deemed to reside upon his or her release.
    10    (e) Any person who a court certifies as a registrant, who is not pres-
    11  ent in the court at the time of the issuance of order providing for such
    12  certification, shall be added by the division  to  the  New  York  state
    13  terrorist  registry,  and  shall register with the division, and provide
    14  all required information, together with the DNA sample, fingerprints and
    15  initial photograph, in accordance with the provisions and  timelines  of
    16  section one hundred sixty-nine-e of this article.
    17    2.  Application  to add a person to the registry. (a) Court Order.  In
    18  accordance with subdivision eight of section one hundred sixty-nine-f of
    19  this article, the division, after examination, may petition the  supreme
    20  court,  on  notice to the person who is the subject of the investigation
    21  by mailing a copy of the petition to the  last  known  address  of  such
    22  person, for a certification that such person that is the subject of such
    23  examination  in the joint determination of the division and the division
    24  of homeland security and emergency  services,  presents  a  serious  and
    25  immediate  risk of performing, promoting, supporting and/or facilitating
    26  a terrorist act against the people and/or property of the state  of  New
    27  York,  and  that  a certification should be issued to add such person to
    28  the New York state terrorist registry. If the court issues  the  certif-
    29  ication  requested  under  this subdivision, then the division shall add
    30  such person to the New York state terrorist registry, and  provide  such
    31  person  with  notification in accordance with section one hundred sixty-
    32  nine-e of this article.
    33    (b) Appeals. The division may appeal any decision and/or  order  where
    34  the court denies a certification sought under this subdivision and fails
    35  to  direct  the  division  to  add  the person who is the subject of the
    36  application to the New York state terrorist registry. An appeal of  such
    37  denial  shall go, as of right, to the court of appeals, which shall hear
    38  such appeal within ninety days of the issuance of the  decision  or  the
    39  entry  of  the order denying the certification sought by the division in
    40  accordance with this subdivision, whichever is earlier. Any person  whom
    41  the  court  directs shall have their name added to the registry may also
    42  appeal such decision and/or order. An appeal  of  such  decision  and/or
    43  order  adding such person to the registry by the person whose name would
    44  be so added shall go, as of right, to  the  appellate  division  in  the
    45  department  in  which such person so resides, or if such person does not
    46  reside in New York state, to the appellate division of the third depart-
    47  ment, which such appellate division shall hear such appeal within ninety
    48  days of the issuance of the decision or the entry of the  order  issuing
    49  the  certification  sought in accordance with this section, whichever is
    50  earlier.
    51    3. Application to remove a person from the registry. Any person  added
    52  by  the  division  to  the New York state terrorist registry may seek an
    53  order of  the supreme court in the county where such registrant resides,
    54  or the supreme court of the county of Albany if such registrant does not
    55  reside in the state of New York, to  have  their  name  and  information
    56  removed from the registry as follows:

        A. 3363                            18

     1    (a)  Grounds  for order of removal. That in order to issue an order to
     2  remove the registrant and their information  from  the  New  York  state
     3  terrorist registry, the court must find considerable grounds that:
     4    (i)  the  nature  and circumstances of the offense or incident causing
     5  the person to be defined as a terrorist does not merit the person's name
     6  and information being added to the registry;
     7    (ii) the history and character of  such  person  does  not  merit  the
     8  person's name and information being added to the registry;
     9    (iii) the division, in adding such person's name to the registry acted
    10  in  an  arbitrary  and  capricious  manner,  failed  to  comply with the
    11  provisions of this article and/or the past actions and current  behavior
    12  of the registrant does not merit his or her registration for any reason;
    13  and
    14    (iv) the court is of the opinion that such registration would be undu-
    15  ly harsh and inappropriate.
    16    (b)  Removal of person from the registry. That where the supreme court
    17  finds the considerable grounds required in paragraph (a) of this  subdi-
    18  vision,  and  issues an order to remove a person from the New York state
    19  terrorist registry, the division shall, in accordance  with  this  para-
    20  graph and paragraph (c) of this subdivision, remove such person from the
    21  registry,  and  provide  such  person with notification of their removal
    22  from the registry.
    23    (c) Appeals. The division may appeal any decision and/or  order  where
    24  the  court  directs  the  division  to remove a person from the New York
    25  state terrorist registry. An appeal of such decision and/or order  shall
    26  go,  as  of  right, to the court of appeals which shall hear such appeal
    27  within ninety days of the issuance of the decision or the entry  of  the
    28  order  directing  the  division to remove such person from the registry,
    29  whichever is earlier.  Where the division appeals an order to  remove  a
    30  person  from  the  New York state terrorist registry, such removal shall
    31  not be performed by the division until the final appeal  is  decided  in
    32  favor  of  the person seeking such removal. Any person to whom the court
    33  denies a petition to have their name removed from  the  New  York  state
    34  terrorist registry may also appeal such decision and/or order. An appeal
    35  of such decision and/or order denying the petition to remove such person
    36  from the registry by the person seeking to have their name removed shall
    37  go,  as  of  right, to the appellate division in the department in which
    38  such person so resides, or if such person does not reside  in  New  York
    39  state,  to  the  appellate  division of the third department, which such
    40  appellate division shall hear such appeal  within  ninety  days  of  the
    41  issuance  of  the  decision  or  entry of the order denying the petition
    42  sought in accordance with this section, whichever is earlier.
    43    § 169-j. Responsibilities of a confinement entity prior  to  discharge
    44  of  a terrorist.   1. Notification of the division. For every terrorist,
    45  as defined in subdivision one of section  one  hundred  sixty-nine-b  of
    46  this  article, within its custody, the confinement entity, as defined in
    47  subdivision eighteen of section one hundred sixty-nine-b of  this  arti-
    48  cle, shall notify the division, in a form and manner provided for by the
    49  division,  of  certain information on such terrorist, including, but not
    50  limited to, the terrorist's name, the address of the terrorist prior  to
    51  confinement,  the  expected  length of confinement of the terrorist, and
    52  the date of expected release of the terrorist from  the  facility  main-
    53  tained  by  the  confinement  entity.  The notification required by this
    54  subdivision shall take place within thirty days of the effective date of
    55  this article, or if the confinement entity takes custody of such terror-
    56  ist after the effective date of this article,  then  such  notice  shall

        A. 3363                            19
 
     1  take  place  within  thirty days of the commencement of the date of such
     2  custody of such terrorist.
     3    2.  Notification of duty and obligation to register. For every terror-
     4  ist, as defined in subdivision one of section one  hundred  sixty-nine-b
     5  of  this article, within its custody, the confinement entity, as defined
     6  in subdivision eighteen of section  one  hundred  sixty-nine-b  of  this
     7  article,  shall  inform  such  terrorist of their duty and obligation to
     8  register under this article. Such notification shall be in  a  form  and
     9  manner  provided by the division. The failure of the division, or of the
    10  confinement entity, to provide, or  the  failure  of  the  terrorist  to
    11  receive, such notice, shall not relieve the terrorist of any duty and/or
    12  obligation  under this article. The notification required by this subdi-
    13  vision shall take place not less than sixty calendar days prior  to  the
    14  release,  discharge,  parole, release to post-release supervision or any
    15  other release, of the terrorist, from the  custody  of  the  confinement
    16  entity,  but in the event the confinement entity is unable to notify the
    17  terrorist at least sixty days prior to such release, discharge,  parole,
    18  release to post-release supervision or any other release, as required by
    19  this  subdivision,  the  confinement  entity  shall provide an emergency
    20  notification to the terrorist, in a form and manner by the division.
    21    3. Registration at  the  facility.  Immediately  after  providing  the
    22  terrorist  with the notification required pursuant to subdivision two of
    23  this section, the confinement entity shall present  every  terrorist  in
    24  their  custody who has not previously registered with the New York state
    25  terrorist registry with a registration packet as defined in  subdivision
    26  one  of section one hundred sixty-nine-e of this article, as provided by
    27  the division, and shall further arrange to have  such  packet  read  and
    28  explained  to  the  terrorist,  and  after such reading and explanation,
    29  shall additionally require the terrorist to:
    30    (a) Complete and sign the  standardized  registration  form  contained
    31  within such registration packet;
    32    (b)  Present himself or herself for the taking of an initial registra-
    33  tion photograph;
    34    (c) Present himself or herself for the taking of  a  complete  set  of
    35  fingerprints; and
    36    (d) Present himself or herself for the taking of a DNA sample.
    37    4.  Failure  of  a  terrorist to register. No confinement entity shall
    38  release, discharge, parole,  release  to  post-release  supervision,  or
    39  provide  any  other release for any terrorist required to register under
    40  this article, who has not previously registered with the New York  state
    41  terrorist  registry,  without  first  obtaining  a  completed and signed
    42  standardized registration form, an initial photograph, a complete set of
    43  fingerprints, and a DNA sample from such terrorist pursuant to  subdivi-
    44  sion three of this section.
    45    5.  Satisfaction  of  duty  to initially appear before law enforcement
    46  agency having jurisdiction. The collection by the confinement entity  of
    47  the  initial  photograph,  the complete set of fingerprints, and the DNA
    48  sample from the terrorist in accordance with subdivision three  of  this
    49  section, shall relieve the terrorist from their duty to initially appear
    50  before the law enforcement agency having jurisdiction for the collection
    51  of the initial photograph, the complete set of fingerprints, and the DNA
    52  sample,  but  shall  not  relieve such terrorist from their duty to pay,
    53  within fifteen days of release from  the  confinement  entity,  the  one
    54  hundred dollar fee required pursuant to section one hundred sixty-nine-p
    55  of this article, or the duty to appear before such law enforcement agen-
    56  cy  having jurisdiction for the purpose of providing a change of address

        A. 3363                            20
 
     1  form, or the duty to appear or re-appear  before  such  law  enforcement
     2  agency having jurisdiction for the purpose of providing an annual update
     3  to the terrorist's initial photograph.
     4    6.  Recording  of  address.  Upon  the  completion of the standardized
     5  registration form by the terrorist, the confinement entity  shall  imme-
     6  diately  record  from  such  standardized registration form, the address
     7  where the terrorist expects to reside upon his or her discharge, parole,
     8  release to post-release supervision or any other release, and shall keep
     9  and maintain a record of such address.
    10    7. Transmission  of  the  standardized  registration  form.  Upon  the
    11  completion  of  the  standardized  registration form by the terrorist in
    12  accordance with subdivision three of this section, the confinement enti-
    13  ty shall immediately give one copy of the completed and signed standard-
    14  ized registration form to the  terrorist,  maintain  one  copy  of  such
    15  completed  and signed form for the confinement entity's own records, and
    16  shall further immediately transmit to the division,  by  the  means  and
    17  manner  provided  by  the  division,  the  original completed and signed
    18  standardized registration form.
    19    8. Transmission of the registration materials. Upon the collection  of
    20  the  initial  photograph,  the complete set of fingerprints, and the DNA
    21  sample from the terrorist in accordance with subdivision three  of  this
    22  section,  the confinement entity shall immediately transmit to the divi-
    23  sion the initial photograph, the complete set of fingerprints,  and  the
    24  DNA sample, by the means and manner provided by the division.
    25    9.  Conviction  data  and  personal information. At any time after the
    26  effective date of this  article,  the  division  may  request,  and  the
    27  confinement  entity  shall  then immediately provide and transmit to the
    28  division, any and all the conviction data and  personal  information  of
    29  any  terrorist,  as  defined  in  subdivision one of section one hundred
    30  sixty-nine-b of this article, within  the  custody  of  the  confinement
    31  entity.
    32    10.  Sharing of conviction data and personal information. Upon receipt
    33  of the conviction data and personal  information  of  the  terrorist  in
    34  accordance  with  subdivision  nine  of this section, the division shall
    35  immediately transmit such conviction data and  personal  information  to
    36  the  division  of  homeland security and emergency services, the federal
    37  bureau of investigation, and the United States  department  of  homeland
    38  security.
    39    §  169-k.  Responsibilities during community supervision or probation.
    40  1. Notification of the division. For  every  terrorist,  as  defined  in
    41  subdivision  one of section one hundred sixty-nine-b of this article, on
    42  community  supervision  or  probation,  the  department  or  office   of
    43  probation  and correctional alternatives shall notify the division, in a
    44  form and manner provided for by the division, of certain information  on
    45  such terrorist, including, but not limited to, the terrorist's name, the
    46  address   of  the  terrorist  prior  to  the  community  supervision  or
    47  probation, the current address of the terrorist, the expected length  of
    48  community  supervision  or  probation  of the terrorist, and the date of
    49  expected release of the terrorist  from  the  community  supervision  or
    50  probation.    The  notification  required by this subdivision shall take
    51  place within thirty days of the effective date of this  article,  or  if
    52  the  terrorist  commences  community  supervision or probation after the
    53  effective date of this article, then such notice shall take place within
    54  thirty days of the commencement of the date  of  such  community  super-
    55  vision or probation.

        A. 3363                            21
 
     1    2.  Notification of duty and obligation to register. For every terror-
     2  ist, as defined in subdivision one of section one  hundred  sixty-nine-b
     3  of  this  article, on community supervision or probation, the department
     4  or office of probation and correctional alternatives shall  inform  such
     5  terrorist  of  their duty and obligation to register under this article.
     6  Such notification shall be in a form and manner provided  by  the  divi-
     7  sion.  The  failure  of  the division, or of the department or office of
     8  probation and correctional alternatives, to provide, or the  failure  of
     9  the  terrorist  to receive, such notice, shall not relieve the terrorist
    10  of any duty and/or  obligation  under  this  article.  The  notification
    11  required  by  this  subdivision  shall  take  place not less than thirty
    12  calendar days after the effective date of this article, but in the event
    13  the department or office of probation and correctional  alternatives  is
    14  unable  to  notify  the  terrorist  as required by this subdivision, the
    15  department or office of probation and  correctional  alternatives  shall
    16  provide an emergency notification to the terrorist, in a form and manner
    17  provided by the division.
    18    3.  Registration  by the department or office of probation and correc-
    19  tional alternatives. Immediately after providing the terrorist with  the
    20  notification  required  pursuant to subdivision two of this section, the
    21  department or office of probation and  correctional  alternatives  shall
    22  present  every  terrorist,  as defined in subdivision one of section one
    23  hundred sixty-nine-b  of  this  article,  on  community  supervision  or
    24  probation,  who  has  not  previously registered with the New York state
    25  terrorist registry, with a registration packet, as defined  in  subdivi-
    26  sion  one  of  section  one  hundred  sixty-nine-e  of  this article, as
    27  provided by the division, and shall further arrange to have such  packet
    28  read and explained to the terrorist, and after such reading and explana-
    29  tion, shall additionally require the terrorist to:
    30    (a)  Complete  and  sign  the standardized registration form contained
    31  within such registration packet;
    32    (b) Present himself or herself for the taking of an initial  registra-
    33  tion photograph;
    34    (c)  Present  himself  or  herself for the taking of a complete set of
    35  fingerprints; and
    36    (d) Present himself or herself for the taking of a DNA sample.
    37    4. Failure of a terrorist to register. Neither the department nor  the
    38  office  of  probation  and  correctional  alternatives  shall release or
    39  discharge from probation or community supervision any terrorist required
    40  to register under this article who has not  previously  registered  with
    41  the  New  York  state  terrorist  registry,  without  first  obtaining a
    42  completed and signed standardized registration form, an  initial  photo-
    43  graph,  a  complete  set  of  fingerprints,  and a DNA sample, from such
    44  terrorist pursuant to subdivision three of this section.
    45    5. Satisfaction of duty to initially  appear  before  law  enforcement
    46  agency  having  jurisdiction.  The  collection  by the department or the
    47  office of probation and correctional alternatives, of the initial photo-
    48  graph, the complete set of fingerprints, and the DNA  sample,  from  the
    49  terrorist,  in  accordance with subdivision three of this section, shall
    50  relieve the terrorist from their duty to initially appear before the law
    51  enforcement agency  having  jurisdiction,  for  the  collection  of  the
    52  initial  photograph,  the  complete  set  of  fingerprints,  and the DNA
    53  sample, but shall not relieve such terrorist from  their  duty  to  pay,
    54  within  fifteen days of release from probation or community supervision,
    55  the one hundred dollar fee required  pursuant  to  section  one  hundred
    56  sixty-nine-p  of  this  article,  or  the duty to appear before such law

        A. 3363                            22
 
     1  enforcement agency having jurisdiction for the purpose  of  providing  a
     2  change  of  address form, or the duty to appear or re-appear before such
     3  law enforcement agency having jurisdiction for the purpose of  providing
     4  an annual update to the terrorist's initial photograph.
     5    6.  Recording  of  address.  Upon  the  completion of the standardized
     6  registration form by the terrorist, the  department  or  the  office  of
     7  probation  and  correctional  alternatives shall immediately record from
     8  such standardized registration form, the  address  where  the  terrorist
     9  expects  to  reside  upon his or her release or discharge from community
    10  supervision or probation, and shall keep and maintain a record  of  such
    11  address.
    12    7.  Transmission  of  the  standardized  registration  form.  Upon the
    13  completion of the standardized registration form by  the  terrorist,  in
    14  accordance with subdivision three of this section, the department or the
    15  office of probation and correctional alternatives shall immediately give
    16  one  copy  of the completed and signed standardized registration form to
    17  the terrorist, maintain one copy of such completed and signed  form  for
    18  the  confinement  entity's  own  records,  and shall further immediately
    19  transmit to the division, by the means and manner provided by the  divi-
    20  sion, the original completed and signed standardized registration form.
    21    8.  Transmission of the registration materials. Upon the collection of
    22  the initial photograph, the complete set of fingerprints,  and  the  DNA
    23  sample, from the terrorist, in accordance with subdivision three of this
    24  section,  the  department  or  the  office of probation and correctional
    25  alternatives shall immediately transmit to  the  division,  the  initial
    26  photograph, the complete set of fingerprints, and the DNA sample, by the
    27  means and manner provided by the division.
    28    9.  Conviction  data  and  personal information. At any time after the
    29  effective date of this  article,  the  division  may  request,  and  the
    30  department  or  the  office  of  probation and correctional alternatives
    31  shall then immediately provide and transmit to the division, any and all
    32  the conviction data  and  personal  information  of  any  terrorist,  as
    33  defined  in  subdivision one of section one hundred sixty-nine-b of this
    34  article, on community supervision or probation.
    35    10. Sharing of conviction data and personal information. Upon  receipt
    36  of  the  conviction  data  and personal information of the terrorist, in
    37  accordance with subdivision nine of this  section,  the  division  shall
    38  immediately  transmit  such  conviction data and personal information to
    39  the division of homeland security and emergency  services,  the  federal
    40  bureau  of  investigation,  and  the United State department of homeland
    41  security.
    42    § 169-l. Duration of registration and verification.  The  duration  of
    43  registration of a terrorist added to the New York state terrorist regis-
    44  try  shall be for life, and the duty and obligation to provide verifica-
    45  tion by such terrorist shall be quarterly for life.
    46    § 169-m. Notification of change of address. 1.  Duty and obligation to
    47  notify division of change of address.  In  accordance  with  subdivision
    48  five  of section one hundred sixty-nine-h of this article, any terrorist
    49  added to the New York state terrorist registry who is a resident of  New
    50  York  state shall, in addition to any other information required by this
    51  article, register his or her current residential address and the address
    52  of his or her place of employment or  educational  institution  attended
    53  with  the division, and shall notify the division of any change of resi-
    54  dence, employment or educational institution address in accordance  with
    55  the provisions of this article.

        A. 3363                            23
 
     1    2.  Notification of local law enforcement. Upon receipt of a change of
     2  address by a terrorist required  to  register  under  this  article,  in
     3  accordance  with  subdivision  one  of  this section, the division shall
     4  immediately notify the local law enforcement agency having  jurisdiction
     5  of  the  new  place of residence, place of employment or place of educa-
     6  tional institution attended, and the local law enforcement agency having
     7  jurisdiction where the terrorist last resided, worked or attended educa-
     8  tional instruction, of such change of address.
     9    3. Requirements of local law enforcement. Upon receipt of  the  change
    10  of  address  information  from the division, sent to the law enforcement
    11  agency having jurisdiction, in accordance with subdivision two  of  this
    12  section,  the  local  law  enforcement  agency having jurisdiction shall
    13  adhere to all the provisions and requirements set forth in this article.
    14    4. Notification of other jurisdictions. The  division  shall,  if  the
    15  terrorist changes his or her residence to another state or nation, noti-
    16  fy  the  appropriate agency within that state or nation of the new place
    17  of residence.
    18    § 169-n. Registry information sharing.  1. Sharing of information with
    19  New York and federal entities. The division, pursuant to  this  section,
    20  is authorized to share the New York state terrorist registry, and all of
    21  its information contained therein, with the division of homeland securi-
    22  ty and emergency services, the division of state police, the department,
    23  any  court of the unified court system, the New York city police depart-
    24  ment, the United States department  of  homeland  security,  the  United
    25  States department of justice, the United States department of state, the
    26  office  of  the  director  of  national  intelligence, the United States
    27  central intelligence agency, and any local, state, national and interna-
    28  tional law enforcement entity, and/or any other entity that the division
    29  deems appropriate to advance the  purposes  of  this  article.  For  the
    30  purposes  of  this section, the sharing of information shall include the
    31  provision of information from the New York state terrorist  registry  to
    32  the  entities  authorized under this section, as well as the receipt and
    33  incorporation of information into New York state terrorist registry from
    34  the entities authorized under this section.
    35    2. Sharing of information with other registry entities. The  division,
    36  pursuant  to  this  section, is further authorized to share the New York
    37  state terrorist registry, and all of its information contained  therein,
    38  with  any  other  state,  regional  or  national registry of terrorists,
    39  including but not limited to, the  terrorist  screening  database  main-
    40  tained  by  the  federal  bureau  of investigation's terrorist screening
    41  center, and/or any and all other databases maintained by the division of
    42  the state police, and/or any and all other databases maintained  by  any
    43  local,  state,  national  and  international  law  enforcement entities,
    44  and/or any other entity that maintains a criminal justice  or  terrorist
    45  database  that the division deems appropriate to advance the purposes of
    46  this article. For the purposes of this section, the sharing of  informa-
    47  tion  shall include the provision of information from the New York state
    48  terrorist registry to the entities authorized  under  this  section,  as
    49  well as the receipt and incorporation of information into New York state
    50  terrorist registry from the entities authorized under this section.
    51    3. Review of registry for secure information. The division of homeland
    52  security  and emergency services, pursuant to this section, in consulta-
    53  tion with the division of homeland security and emergency  services  and
    54  the  division of state police, shall review the information contained on
    55  the New York state terrorist registry, and shall determine  whether  the
    56  disclosure  of  any particular information contained on the registry may

        A. 3363                            24
 
     1  cause a security risk to the people or property  of  the  state  of  New
     2  York. Upon the review made in accordance with this subdivision, and upon
     3  a  determination  that  any  particular  information  needs to be deemed
     4  secure,  the  division  shall remove such secure information from public
     5  accessibility, including exempting such information  from  the  require-
     6  ments  of the posting on the division's website, pursuant to section one
     7  hundred sixty-nine-r of this article, or providing of  such  information
     8  through  the  special  telephone  number  in accordance with section one
     9  hundred sixty-nine-q of this  article.  Any  information  deemed  secure
    10  pursuant  to  this subdivision shall not be subject to the provisions of
    11  the New York state freedom of information law pursuant to article six of
    12  the public officers law.
    13    4. Secure information sharable. In no event shall a determination made
    14  by the division  of  homeland  security  and  emergency  services,  that
    15  particular  information  shall be deemed secure, pursuant to subdivision
    16  three of this section, prevent the division  from  sharing  such  secure
    17  information  with  any  entity  identified  for the registry information
    18  sharing pursuant to this section, but the  division  may  place  sharing
    19  restrictions  on  such secure information, as determined by the division
    20  of homeland security and emergency services, when  sharing  such  secure
    21  information  with  other authorized sharing entities, in accordance with
    22  subdivision one and two of this section, could result in the inappropri-
    23  ate disclosure of such secure information.
    24    § 169-o. DNA and fingerprint custody and analysis. 1. Secure custodial
    25  collection. The division, pursuant to this section,  shall  provide  for
    26  the secure custodial collection of the DNA sample and fingerprints taken
    27  from  the  terrorist  by the law enforcement agency having jurisdiction,
    28  the confinement entity, or the department or  office  of  probation  and
    29  correctional  alternatives,  in  accordance  with the provisions of this
    30  article. The division shall further develop by regulation, protocols for
    31  such secure custodial collection of  the  DNA  sample  and  fingerprints
    32  collected  from  the  terrorist, and shall make available an information
    33  packet to explain the secure protocols to all law  enforcement  agencies
    34  having  jurisdiction,  all  confinement entities, the department and the
    35  office of probation and correctional alternatives.
    36    2. Secure custodial transfer of DNA. The division,  pursuant  to  this
    37  section,  shall  provide  for  the  secure custodial transfer of the DNA
    38  sample collected from the terrorist by the law enforcement agency having
    39  jurisdiction, the confinement entity, the department, or the  office  of
    40  probation   and   correctional  alternatives,  in  accordance  with  the
    41  provisions of this article, to the laboratory maintained by the division
    42  of state police, and/or any  other  approved  DNA  analysis  entity,  as
    43  contracted with by the division, for the preservation, storage and anal-
    44  ysis of such DNA sample.
    45    3.  Secure  custodial transfer of fingerprints. The division, pursuant
    46  to this section, shall provide for the secure custodial transfer of  the
    47  fingerprints  collected from the terrorist by the law enforcement agency
    48  having jurisdiction, the confinement  entity,  the  department,  or  the
    49  office  of  probation  and correctional alternatives, in accordance with
    50  the provisions of this article, to  the  laboratory  maintained  by  the
    51  division of state police, and/or any other approved fingerprint analysis
    52  entity,  as contracted with by the division, for the preservation, stor-
    53  age and analysis of such fingerprints.
    54    4. State DNA identification index. The division shall further  provide
    55  for  the  subsequent secure custodial transfer of the DNA sample, and/or

        A. 3363                            25
 
     1  the analysis produced, to the state DNA identification index, maintained
     2  pursuant to section nine hundred ninety-five-c of the executive law.
     3    §  169-p.  Registry  and  verification fees. 1. Charging of fees.  The
     4  division, pursuant to this section, shall:
     5    (a) Charge a fee of one hundred dollars for the  initial  registration
     6  of the terrorist;
     7    (b)  Charge  a  fee of ten dollars each time a terrorist registers any
     8  change of address; and
     9    (c) Charge a fee of ten dollars  each  time  a  terrorist  appears  to
    10  permit the taking of an updated annual photograph.
    11    2. Payment of fees. All fees charged pursuant to this section shall be
    12  paid  to the division by the terrorist at the time and manner prescribed
    13  by the division.
    14    3. Waiver of fees. The division may provide, on a case by case  basis,
    15  for  a  waiver of any fee to be charged pursuant to this section, or may
    16  further authorize, on a case by case basis, for a delayed or installment
    17  payment of a fee to be charged pursuant to this section.
    18    4. Deposit authorization. The state comptroller is  hereby  authorized
    19  to  deposit any and all fees collected pursuant to this section into the
    20  general fund.
    21    § 169-q. Special telephone number. 1. Toll free number.  The  division
    22  shall  operate  a  telephone  number that members of the public may call
    23  free of charge to inquire whether a named individual required to  regis-
    24  ter  pursuant  to this article is listed on the New York state terrorist
    25  registry, and to obtain publicly  available  registry  information  with
    26  respect to such terrorist.
    27    2. Receipt of, and response to, calls to the special telephone number.
    28  Upon  the receipt of a call to the special telephone number provided for
    29  in this section, the division shall:
    30    (a) Ask the caller for a name of an individual  on  which  the  caller
    31  would like to obtain information.
    32    (b) Ascertain whether such named individual reasonably appears to be a
    33  person  listed on the registry, and in deciding whether such named indi-
    34  vidual reasonably appears to be a person listed  on  the  registry,  the
    35  division shall require the caller to provide information on any three of
    36  the following:
    37    (i)  an  exact  street address, including apartment number, if any, of
    38  the terrorist;
    39    (ii) the driver's license number or non-driver's  identification  card
    40  number of the terrorist;
    41    (iii) the date of birth of the terrorist;
    42    (iv)  the  social security number or taxpayer identification number of
    43  the terrorist;
    44    (v) the country of origin of the terrorist;
    45    (vi) the crime of terrorism or verifiable terrorist act  committed  by
    46  the terrorist;
    47    (vii) the hair color or eye color of the terrorist;
    48    (viii) the height, weight, or build of the terrorist;
    49    (ix)  any  distinctive  markings  or  the  ethnicity of the terrorist;
    50  and/or
    51    (x) the name and street address of the terrorist's employer.
    52    (c) Upon ascertaining that the named individual reasonably appears  to
    53  be  a  person listed on the New York state terrorist registry based upon
    54  the information provided from the caller in  accordance  with  paragraph
    55  (b)  of this subdivision, provide the caller with the following informa-
    56  tion:

        A. 3363                            26
 
     1    (i) the name of the terrorist;
     2    (ii) the age, physical description and any distinctive markings of the
     3  terrorist;
     4    (iii) the exact residential address of the terrorist;
     5    (iv)  if  the  terrorist is employed, the exact address of the terror-
     6  ist's place of employment;
     7    (v) if the terrorist is a student, the exact  address  of  the  educa-
     8  tional institution the terrorist is attending; and
     9    (vi)  background  information on the terrorist, including for each and
    10  every terrorist incident involving the terrorist, the terrorist's  crime
    11  of  conviction, verifiable act of terrorism, modus of operation, and any
    12  other information the division deems relevant to provide.
    13    (d) Play, before a live operator speaks with the  caller,  a  recorded
    14  preamble which shall provide the following notices:
    15    (i) that the caller's telephone number will be recorded;
    16    (ii) that there will be no charge to the caller for use of the special
    17  telephone number;
    18    (iii)  that  the  caller  shall  be required to provide their name and
    19  address to the operator and that such shall be maintained in  a  written
    20  record;
    21    (iv) that the caller is required to be not less than eighteen years of
    22  age;
    23    (v)  that  it is illegal to use information obtained through the tele-
    24  phone number to commit a crime against any person registered on the  New
    25  York state terrorist registry, or to engage in illegal discrimination or
    26  harassment against such person;
    27    (vi)  that  the caller is required to have the identifying information
    28  required to be provided in paragraph (b) of this  subdivision  regarding
    29  the  individual  about  whom information is sought in order to achieve a
    30  positive identification of that person;
    31    (vii) that the special telephone number is not  a  crime  hotline  and
    32  that  any suspected criminal or terrorist activity should be reported to
    33  the local, state or federal authorities; and
    34    (viii) that an information package, which will include  a  description
    35  of  the  law  pertaining  to  the  New York state terrorist registry, is
    36  available online on the division's official website, and in writing,  by
    37  mail, upon request from the division.
    38    3.  Misuse  of the special telephone number. Whenever there is reason-
    39  able cause to believe that any person or group of persons is engaged  in
    40  a  pattern  or  practice  of misuse of the special telephone number, the
    41  attorney general, any district attorney or any person aggrieved  by  the
    42  misuse of the number is authorized to bring a civil action in the appro-
    43  priate  court requesting preventive relief, including an application for
    44  a permanent or temporary injunction, restraining order  or  other  order
    45  against  the  person  or group of persons responsible for the pattern or
    46  practice of misuse, and the foregoing remedies shall be  independent  of
    47  any  other  remedies or procedures that may be available to an aggrieved
    48  party under other provisions of law, and such person or group of persons
    49  shall be subject to a fine of not less than five hundred dollars and not
    50  more than one thousand dollars.
    51    4. Report of call activity.   The division shall,  on  or  before  the
    52  first  of  September  in each year, file a report with the governor, the
    53  temporary president of the senate, the speaker of  the  state  assembly,
    54  the chair of the senate standing committee on veterans, homeland securi-
    55  ty  and military affairs, and the chair of the assembly standing commit-
    56  tee on governmental  operations,  on  the  operation  of  the  telephone

        A. 3363                            27
 
     1  number, and such annual report shall include, but not be limited to, all
     2  of the following:
     3    (a) The number of calls received;
     4    (b)  A detailed outline of the amount of money expended and the manner
     5  in which it was expended for purposes of this section;
     6    (c) The number of calls that resulted in an affirmative  response  and
     7  the  number of calls that resulted in a negative response with regard to
     8  whether a named individual was listed;
     9    (d) A summary of the success of the special telephone  number  program
    10  based  upon  the  above or any other selected factors the division shall
    11  deem relevant;
    12    (e) A comparison between the efficacy of the special telephone number,
    13  operated pursuant to this section, and the internet directory,  operated
    14  pursuant to section one hundred sixty-nine-r of this article; and
    15    (f)  Recommendations  as to how the division might improve the special
    16  telephone number and/or the New York state terrorist registry.
    17    5. Secure information. The operators of the special  telephone  number
    18  shall  not  provide  any  caller  with any information from the New York
    19  state terrorist registry that the division has deemed secure in  accord-
    20  ance  with subdivision three of section one hundred sixty-nine-n of this
    21  article.
    22    6. Advertisement of  special  telephone  number.  The  division  shall
    23  provide  for  the  advertisement  of the special telephone number estab-
    24  lished pursuant to this section, including but not limited to the  post-
    25  ing  of such number on its official website, and the official website of
    26  the division of homeland security and emergency services.
    27    7. Regulations. The division shall promulgate rules and regulations to
    28  implement the provisions of this section.
    29    § 169-r. Internet directory. 1. Operation of the  internet  directory.
    30  The division shall maintain and operate an internet directory of the New
    31  York state terrorist registry which shall:
    32    (a) Include the following information for each terrorist:
    33    (i) the name of the terrorist;
    34    (ii) the age, physical description and any distinctive markings of the
    35  terrorist;
    36    (iii) the most recent photograph of the terrorist taken of the terror-
    37  ist for the registry;
    38    (iv) the exact residential address of the terrorist;
    39    (v) if the terrorist is employed, the exact address of the terrorist's
    40  place of employment;
    41    (vi)  if  the  terrorist is a student, the exact address of the educa-
    42  tional institution the terrorist is attending; and
    43    (vii) background information on  the  terrorist,  including  each  and
    44  every  terrorist incident involving the terrorist, the terrorist's crime
    45  of conviction, verifiable act of terrorism, modus of operation, and  any
    46  other information the division deems relevant to provide;
    47    (b) Have terrorist listings categorized by county and zip code; and
    48    (c)  Be made available at all times on the internet via the division's
    49  official homepage, with a link to connect to such directory also appear-
    50  ing on the official homepage of the division of  homeland  security  and
    51  emergency services.
    52    2.  Automated  e-mail notifications. Any person may apply to the divi-
    53  sion to receive automated e-mail notifications whenever a new or updated
    54  registration occurs on the New York state  terrorist  registry,  in  the
    55  geographic area specified by such person, but unless the applicant is an
    56  employee  or  entity  of a state, local or federal government, acting in

        A. 3363                            28
 
     1  their official capacity, such e-mail notifications shall be  limited  to
     2  three geographic areas per e-mail account.
     3    3.  No  charge  for  the  use of the directory. The division shall not
     4  charge for access to the internet  directory  nor  for  the  receipt  of
     5  e-mail notifications.
     6    4.  Misuse  of  the  internet  directory. Whenever there is reasonable
     7  cause to believe that any person or group of persons  is  engaged  in  a
     8  pattern  or  practice  of misuse of the internet directory, the attorney
     9  general, any district attorney or any person aggrieved by the misuse  of
    10  the  directory  is authorized to bring a civil action in the appropriate
    11  court requesting preventive  relief,  including  an  application  for  a
    12  permanent  or  temporary  injunction,  restraining  order or other order
    13  against the person or group of persons responsible for  the  pattern  or
    14  practice  of  misuse, and the foregoing remedies shall be independent of
    15  any other remedies or procedures that may be available to  an  aggrieved
    16  party under other provisions of law, and such person or group of persons
    17  shall be subject to a fine of not less than five hundred dollars and not
    18  more than one thousand dollars.
    19    5.  Secure  information.  The internet directory shall not provide any
    20  user with any information from the New  York  state  terrorist  registry
    21  that  the  division  has  deemed  secure, in accordance with subdivision
    22  three of section one hundred sixty-nine-n of this article.
    23    6. Advertisement of internet directory. The division shall provide for
    24  the advertisement of the internet directory established pursuant to this
    25  section, including but not  limited  to  the  listing  of  such  website
    26  address  on  its  recorded message for the special telephone number, and
    27  the posting of a link to such internet directory on the official website
    28  of the division of homeland security and emergency services.
    29    7. Regulations. The division shall promulgate rules and regulations to
    30  implement the provisions of this section.
    31    § 169-s. Immunity from liability. 1. No official, employee or  agency,
    32  whether  public  or  private,  shall be subject to any civil or criminal
    33  liability for damages for any discretionary decision to release relevant
    34  and necessary information pursuant to this article, unless it  is  shown
    35  that such official, employee or agency acted with gross negligence or in
    36  bad  faith.  The  immunity  provided  under  this section applies to the
    37  release of relevant information to other  state,  local  and/or  federal
    38  employees or officials, or to the general public.
    39    2.  Nothing  in  this  section  shall be deemed to impose any civil or
    40  criminal liability upon or to give rise to a cause of action against any
    41  official, employee or agency, whether public or private, for failing  to
    42  release  information  as  authorized  in this article unless it is shown
    43  that such official, employee or agency acted with gross negligence or in
    44  bad faith.
    45    § 169-t. Annual report. The division shall, on or before the first  of
    46  September  in  each year, file a report with the governor, the temporary
    47  president of the senate, the speaker of the state assembly, the chair of
    48  the senate standing committee on veterans, homeland security  and  mili-
    49  tary  affairs,  and  the  chair  of  the  assembly standing committee on
    50  governmental operations, detailing the New York state terrorist registry
    51  program established by this article, the division's experience  concern-
    52  ing compliance with provisions of this article, and the division's expe-
    53  rience  concerning  the effectiveness of this article, together with any
    54  recommendations the division may have to further enhance the  intent  of
    55  this article.

        A. 3363                            29
 
     1    §  169-u.  Penalty.  Any terrorist required to register, or to provide
     2  information or supplemental information, or  verification,  pursuant  to
     3  the  provisions  of this article, or who fails to register or to provide
     4  information, or supplemental information, or verification, in the manner
     5  and within the time periods provided for in this article, shall be guil-
     6  ty  of  a class A-I felony, pursuant to section 490.23 of the penal law.
     7  Any such failure to register or to provide information, or  supplemental
     8  information,  or  verification, pursuant to the provisions of this arti-
     9  cle, may also be the basis for revocation of parole pursuant to  section
    10  two  hundred fifty-nine-i of the executive law, or the basis for revoca-
    11  tion of probation pursuant to article four hundred ten of  the  criminal
    12  procedure law.
    13    § 169-v. Unauthorized release of information. The unauthorized release
    14  of  any  information  contained in the New York state terrorist registry
    15  shall be a class B misdemeanor.
    16    § 169-w. Expenses incurred by governmental entities. 1. Local  govern-
    17  ments.  Any local government, which has incurred any cost for compliance
    18  with the provisions of this article, may  make  an  application  to  the
    19  state  comptroller  for  reimbursement  of  such  cost.  Application for
    20  reimbursement for such cost incurred shall be in the form and manner  as
    21  required  by the state comptroller. The state comptroller shall pay such
    22  a local government, which has made an application for a cost, which  has
    23  been  verified  by  the state comptroller as having been incurred by the
    24  local government, from the terrorist registry funds management  account,
    25  established  pursuant  to section ninety-seven-aaaa of the state finance
    26  law, following appropriation by the legislature and  allocation  by  the
    27  director of the budget.
    28    2.  State  agency.  Any  state agency, which has incurred any cost for
    29  compliance with the provisions of this article, may make an  application
    30  to the state comptroller and the director of the budget, for an increase
    31  in  such  state  agency's  budget,  in  direct  relation to such cost so
    32  incurred. Application for an increase in such state agency's budget,  in
    33  direct  relation  to such cost incurred, shall be in the form and manner
    34  as required by the director of the budget and the state comptroller. The
    35  state comptroller shall verify whether the cost has been so incurred  by
    36  the state agency. Any increase in such state agency's budget, as author-
    37  ized  by  this  subdivision,  shall  be  in direct relation to such cost
    38  incurred by such state agency, and shall be charged from  the  terrorist
    39  registry funds management account, established pursuant to section nine-
    40  ty-seven-aaaa  of  the state finance law, following appropriation by the
    41  legislature and allocation by the director of the budget.
    42    3. Notification of the governor and the legislature.   Not later  than
    43  the  first  day  of March, the state comptroller and the director of the
    44  budget shall notify the governor, the temporary president of the senate,
    45  and the speaker of the assembly, of  the  fiscal  amounts  requested  in
    46  applications  for  reimbursement for costs incurred by local governments
    47  under this section, and the fiscal amounts of applications for increases
    48  in state agencies' budgets  under  this  section,  during  the  previous
    49  twelve  months, with such notification identifying the local governments
    50  and the state agencies that have made such applications.
    51    § 169-x. Separability. If any section of this article or part  thereof
    52  shall  be  adjudged  by a court of competent jurisdiction to be invalid,
    53  such judgment shall not affect, impair or invalidate  the  remainder  or
    54  any other section or part thereof.
    55    §  5.  The penal law is amended by adding a new section 490.23 to read
    56  as follows:

        A. 3363                            30
 
     1  § 490.23 Failure to register or verify with the New York state terrorist
     2             registry.
     3    A  person is guilty of failure to register or verify with the New York
     4  state terrorist registry when he or she is required to register or veri-
     5  fy with the division of criminal justice services  pursuant  to  article
     6  six-D  of the correction law, and fails to register as required pursuant
     7  to article six-D of the correction law, or  fails  to  provide  required
     8  information,  or  supplemental  information, or verification as required
     9  pursuant to article six-D of the correction law.
    10    Failure to register or verify with the New York state terrorist regis-
    11  try is a class A-I felony.
    12    § 6. The state finance law is amended by adding a new section  97-aaaa
    13  to read as follows:
    14    §  97-aaaa.  Terrorist registry funds management account.  1. There is
    15  hereby established in the joint custody of the state comptroller and the
    16  commissioner of the department of taxation and  finance  a  fund  to  be
    17  known as the "terrorist registry funds management account".
    18    2. The terrorist registry fund management account shall consist of:
    19    (a)  Monies  received  by  the  state pursuant to article six-D of the
    20  correction law;
    21    (b) Monies received by the state  and  directed  to  be  paid  to  the
    22  account upon order of any court of:
    23    (i) The unified court system of the state of New York;
    24    (ii) The federal court system of the United States; and/or
    25    (iii)  The government of the United States operating under the Uniform
    26  Code of Military Justice, and
    27    (c) All other monies, fees, fines, grants, bequests  or  other  monies
    28  credited,  appropriated  or  transferred  thereto from any other fund or
    29  source.
    30    3. Monies of the terrorist registry funds management account,  follow-
    31  ing  appropriation  by the legislature and allocation by the director of
    32  the budget, shall be made available  for  local  governments  and  state
    33  agencies  providing services pursuant to article six-D of the correction
    34  law.
    35    § 7. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become a law.
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