Creates a felony gun possession registration and crime registry act; provides that persons who are convicted of sections 265.02, 265.03 or 265.04 of the penal law have a duty to register with the division of criminal justice services certain information such as offender's name, date of birth, sex, race, height, weight, eye color, driver's license number, home address and/or expected place of domicile; provides that this duty to register terminates when such offenders are discharged from probation.
STATE OF NEW YORK
________________________________________________________________________
7546
2015-2016 Regular Sessions
IN ASSEMBLY
May 18, 2015
___________
Introduced by M. of A. BLAKE -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to creating a felony
possession of a firearm registration and crime registration act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new article 6-D
2 to read as follows:
3 ARTICLE 6-D
4 FELONY GUN POSSESSION REGISTRATION AND CRIME REGISTRY ACT
5 Section 168-aa. Short title.
6 168-bb. Definitions.
7 168-cc. Duties of the division; registration information.
8 168-dd. Offender; relocation; notification.
9 168-ee. Duties of the court.
10 168-ff. Discharge of offender from correctional facility; duties
11 of official in charge.
12 168-gg. Duty to register and to verify.
13 168-hh. Duration of registration and verification requirements.
14 168-ii. Registration and verification requirements.
15 168-jj. Notification of local law enforcement agencies of change
16 of address.
17 168-kk. Special telephone number.
18 168-ll. Immunity from liability.
19 168-mm. Penalty.
20 168-nn. Unauthorized release of information.
21 168-oo. Separability.
22 § 168-aa. Short title. This article shall be known and may be cited as
23 the "felony gun possession registration and crime registry act".
24 § 168-bb. Definitions. As used in this article, the following defi-
25 nitions apply:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08134-02-5
A. 7546 2
1 1. "Antique firearm" means any unloaded muzzle loading firearm with a
2 matchlock, flintlock, percussion cap, or similar type of ignition
3 system, or a firearm which uses fixed cartridges which are no longer
4 available in the ordinary channels of commercial trade.
5 2. "Assault weapon" means any weapon defined under subdivision twen-
6 ty-two of section 265.00 of the penal law.
7 3. "Conviction" means the entry of a plea of guilty to, or a verdict
8 of guilty upon, an accusatory instrument other than misdemeanor
9 convictions.
10 4. "Disguised gun" means any weapon or device capable of being
11 concealed on the person from which a shot can be discharged through the
12 energy of an explosive and is designed and intended to appear to be
13 something other than a gun.
14 5. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
15 one or more barrels less than eighteen inches in length; or (c) a rifle
16 having one or more barrels less than sixteen inches in length; or (d)
17 any weapon made from a shotgun or rifle whether by alteration, modifica-
18 tion, or otherwise if such weapon as altered, modified, or otherwise has
19 an overall length of less than twenty-six inches; or (e) an assault
20 weapon. For the purpose of this subdivision the length of the barrel on
21 a shotgun or rifle shall be determined by measuring the distance between
22 the muzzle and the face of the bolt, breech, or breechlock when closed
23 and when the shotgun or rifle is cocked; the overall length of a weapon
24 made from a shotgun or rifle is the distance between the extreme ends of
25 the weapon measured along a line parallel to the center line of the
26 bore. Firearm does not include an antique firearm.
27 6. "Firearm silencer" means any instrument, attachment, weapon or
28 appliance for causing the firing of any gun, revolver, pistol or other
29 firearms to be silent, or intended to lessen or muffle the noise of the
30 firing of any gun, revolver, pistol or other firearms.
31 7. "Gun possession offender" means any person who is convicted of or
32 has a conviction for an attempt to commit any of the provisions of
33 section 265.02, 265.03 or 265.04 of the penal law. Any conviction set
34 aside pursuant to law is not a conviction for the purposes of this arti-
35 cle.
36 8. "Loaded firearm" means any firearm loaded with ammunition or any
37 firearm which is possessed by one who, at the same time, possesses a
38 quantity of ammunition which may be used to discharge such firearm.
39 9. "Machine-gun" means a weapon of any description, irrespective of
40 size, by whatever name known, loaded or unloaded, from which a number of
41 shots or bullets may be rapidly or automatically discharged from a maga-
42 zine with one continuous pull of the trigger and includes a sub-machine
43 gun.
44 10. "Rifle" means a weapon designed or redesigned, made or remade, and
45 intended to be fired from the shoulder and designed or redesigned and
46 made or remade to use the energy of the explosive in a fixed metallic
47 cartridge to fire only a single projectile through a rifled bore for
48 each single pull of the trigger.
49 11. "Semiautomatic" means any repeating rifle, shotgun or pistol,
50 regardless of barrel or overall length, which utilizes a portion of the
51 energy of a firing cartridge or shell to extract the fired cartridge
52 case or spent shell and chamber the next round, and which requires a
53 separate pull of the trigger to fire each cartridge or shell.
54 12. "Shotgun" means a weapon designed or redesigned, made or remade,
55 and intended to be fired from the shoulder and designed or redesigned
56 and made or remade to use the energy of the explosive in a fixed shotgun
A. 7546 3
1 shell to fire through a smooth bore either a number of ball shot or a
2 single projectile for each single pull of the trigger.
3 13. "Division" means the division of criminal justice services.
4 § 168-cc. Duties of the division; registration information. 1. The
5 division shall establish and maintain a file of individuals required to
6 register pursuant to the provisions of this article which shall include
7 the following information of each registrant:
8 (a) The offender's name, all aliases used, date of birth, sex, race,
9 height, weight, eye color, driver's license number, home address and/or
10 expected place of domicile.
11 (b) A photograph and set of fingerprints. The division shall, during
12 the period of registration, update such photograph once every three
13 years. The division shall notify the offender by mail of the duty to
14 appear and be photographed at the specified law enforcement agency
15 having jurisdiction. Such notification shall be mailed at least thirty
16 days and not more than sixty days before the photograph is required to
17 be taken.
18 (c) A description of the offense for which the offender was convicted,
19 the date of conviction and the sentence imposed.
20 (d) The name and address of any institution of higher education at
21 which the offender is or expects to be enrolled, attending or employed,
22 whether for compensation or not, and whether such offender resides in or
23 will reside in a facility owned or operated by such institution.
24 (e) Any other information deemed pertinent by the division.
25 2. (a) The division is authorized to make the registry available to
26 any regional or national registry of offenders for the purpose of shar-
27 ing information. The division shall accept files from any regional or
28 national registry of offenders and shall make such files available when
29 requested pursuant to the provisions of this article.
30 (b) The division shall require that no information included in the
31 registry shall be made available except in the furtherance of the
32 provisions of this article.
33 3. The division shall develop a standardized registration form to be
34 made available to the appropriate authorities and promulgate rules and
35 regulations to implement the provisions of this section. Such form shall
36 be written in clear and concise language and shall advise the offender
37 of his or her duties and obligations under this article.
38 4. The division shall mail a nonforwardable verification form to the
39 last reported address of the person for annual verification require-
40 ments.
41 5. The division shall also establish and operate a telephone number as
42 provided for in section one hundred sixty-eight-kk of this article.
43 6. The division shall also establish a public awareness campaign to
44 advise the public of the provisions of this article.
45 7. The division shall charge a fee of ten dollars each time an offen-
46 der registers any change of address or any change of his or her status
47 of enrollment, attendance, employment or residence at any institution of
48 higher education as required by subdivision three of section one hundred
49 sixty-eight-gg of this article. The fee shall be paid to the division by
50 the offender. The state comptroller is hereby authorized to deposit such
51 fees into the general fund.
52 8. The division shall maintain a gun crime registry from the informa-
53 tion obtained from each registered individual and make such information
54 available to the public on a website maintained and operated by the
55 division in a similar manner as the sex offender registry as established
56 in article six-C of this chapter.
A. 7546 4
1 § 168-dd. Offender; relocation; notification. In the case of any
2 offender on probation, it shall be the duty of the offender's probation
3 officer to notify the division within forty-eight hours of the new place
4 of residence on a form provided by the division. If such offender chang-
5 es the status of his or her enrollment, attendance, employment or resi-
6 dence at any institution of higher education while on probation, such
7 notification of the change of status shall be sent by the offender's
8 probation officer within forty-eight hours to the division on a form
9 provided by the division.
10 § 168-ee. Duties of the court. Upon conviction of any of the offenses
11 set forth in subdivision seven of section one hundred sixty-eight-bb of
12 this article the court shall certify that the person is an offender and
13 shall include the certification in the order of commitment, if any, and
14 judgment of conviction. The court shall also advise the offender of his
15 or her duties under this article. Failure to include the certification
16 in the order of commitment or the judgment of conviction shall not
17 relieve an offender of the obligations imposed by this article.
18 § 168-ff. Discharge of offender from correctional facility; duties of
19 official in charge. Any offender, to be discharged, paroled, released to
20 post-release supervision or released from any state or local correction-
21 al facility or institution where he or she was confined or committed,
22 shall at least forty-five days prior to discharge, parole or release, be
23 informed of his or her duty to register under this article, by the
24 facility in which he or she was confined or committed. The facility
25 shall require the offender to read and sign such form as may be required
26 by the division stating the duty to register and the procedure for
27 registration has been explained to him or her and to complete the regis-
28 tration portion of such form. The facility shall obtain on such form the
29 address where the offender expects to reside upon his or her discharge
30 or parole and the name and address of any institution of higher educa-
31 tion he or she expects to be employed by, enrolled in or attending,
32 whether for compensation or not, and whether he or she expects to reside
33 in a facility owned or operated by such an institution, and shall report
34 such information to the division. The facility shall give one copy of
35 the form to the offender, retain one copy and shall send one copy to the
36 division which shall provide the information to the law enforcement
37 agencies having jurisdiction. The facility shall give the offender a
38 form prepared by the division, to register with the division at least
39 fifteen calendar days prior to release and such form shall be completed,
40 signed by the offender and sent to the division by the facility at least
41 ten days prior to the offender's release or discharge.
42 § 168-gg. Duty to register and to verify. 1. Any offender shall, at
43 least twenty calendar days prior to discharge, parole, release to post-
44 release supervision or release from any state or local correctional
45 facility or institution where he or she was confined or committed,
46 register with the division in a form prepared by the division.
47 2. For an offender required to register under this article the follow-
48 ing applies:
49 (a) The offender shall mail the verification form to the division
50 within ten calendar days after receipt of the form.
51 (b) The verification form shall be signed by the offender, and state
52 that he or she still resides at the address last reported to the divi-
53 sion.
54 (c) If the offender fails to mail the signed verification form to the
55 division within ten calendar days after receipt of the form, he or she
A. 7546 5
1 shall be in violation of this section unless he or she proves that he or
2 she has not changed his or her residence address.
3 3. Any offender shall register with the division no later than ten
4 calendar days after any change of address or any change of his or her
5 status of enrollment, attendance, employment or residence at any insti-
6 tution of higher education. A fee of ten dollars, as authorized by
7 subdivision seven of section one hundred sixty-eight-cc of this article,
8 shall be submitted by the offender each time such offender registers any
9 change of address or any change of his or her status of enrollment,
10 attendance, employment or residence at any institution of higher educa-
11 tion. Any failure or omission to submit the required fee shall not
12 affect the acceptance by the division of the change of address or change
13 of status.
14 4. The offender shall notify local law enforcement or the division in
15 writing of a new address within ten days after moving.
16 5. The offender shall report in person to a local police agency to
17 have a current photo taken every three years.
18 6. The division shall mail to the offender's address a verification
19 form every ninety days for a period of three years after conviction and
20 every six months thereafter to ensure the division has an accurate
21 address for the offender.
22 7. The duty to register under the provisions of this article shall not
23 be applicable to any offender whose conviction was reversed upon appeal
24 or who was pardoned by the governor.
25 § 168-hh. Duration of registration and verification requirements. An
26 offender shall remain on the registry for the initial period of ten
27 years after conviction and can be removed following the initial period
28 upon order of the court conviction.
29 § 168-ii. Registration and verification requirements. Registration and
30 verification as required by this article shall consist of a statement in
31 writing signed by the offender giving the information that is required
32 by the division and the division shall enter the information into an
33 appropriate electronic data base or file.
34 § 168-jj. Notification of local law enforcement agencies of change of
35 address. Upon receipt of a change of address by an offender required to
36 register under this article, the division shall notify the local law
37 enforcement agency having jurisdiction of the new place of residence and
38 the local law enforcement agency where the offender last resided of the
39 new place of residence.
40 § 168-kk. Special telephone number. 1. Pursuant to section one hundred
41 sixty-eight-cc of this article, the division shall also operate a tele-
42 phone number that members of the public may call free of charge and
43 inquire whether a named individual required to register pursuant to this
44 article is listed. The division shall ascertain whether a named person
45 reasonably appears to be a person so listed and provide the caller with
46 the relevant information. The division shall decide whether the named
47 person reasonably appears to be a person listed, based upon information
48 from the caller providing information that shall include (a) an exact
49 street address, including apartment number, driver's license number or
50 birth date, along with additional information that may include social
51 security number, hair color, eye color, height, weight, distinctive
52 markings, ethnicity; or (b) any combination of the above listed charac-
53 teristics if an exact birth date or address is not available. If three
54 of these characteristics provided include ethnicity, hair color, and eye
55 color, other identifying characteristics shall be provided. Any informa-
A. 7546 6
1 tion identifying the victim by name, birth date, address or relation to
2 the person listed by the division shall be excluded by the division.
3 2. When the telephone number is called, a preamble shall be played
4 which shall provide the following information:
5 (a) notice that the caller's telephone number will be recorded;
6 (b) that there is no charge for use of the telephone number;
7 (c) notice that the caller is required to identify himself or herself
8 to the operator and provide current address and shall be maintained in a
9 written record;
10 (d) notice that the caller is required to be eighteen years of age or
11 older;
12 (e) a warning that it is illegal to use information obtained through
13 the telephone number to commit a crime against any person listed or to
14 engage in illegal discrimination or harassment against such person;
15 (f) notice that the caller is required to have the birth date, driv-
16 er's license or identification number, or address or other identifying
17 information regarding the person about whom information is sought in
18 order to achieve a positive identification of that person;
19 (g) a statement that the number is not a crime hotline and that any
20 suspected criminal activity should be reported to local authorities.
21 § 168-ll. Immunity from liability. 1. No official, employee or agency,
22 whether public or private, shall be subject to any civil or criminal
23 liability for damages for any discretionary decision to release relevant
24 and necessary information pursuant to this article, unless it is shown
25 that such official, employee or agency acted with gross negligence or in
26 bad faith. The immunity provided under this section applies to the
27 release of relevant information to other employees or officials or to
28 the general public.
29 2. Nothing in this section shall be deemed to impose any civil or
30 criminal liability upon or to give rise to a cause of action against any
31 official, employee or agency, whether public or private, for failing to
32 release information as authorized in this article unless it is shown
33 that such official, employee or agency acted with gross negligence or in
34 bad faith.
35 § 168-mm. Penalty. Any offender required to register or to verify
36 pursuant to the provisions of this article who fails to register or
37 verify in the manner and within the time periods provided for in this
38 article shall be guilty of a class A misdemeanor upon conviction for the
39 first offense, and upon conviction for a second or subsequent offense
40 shall be guilty of a class D felony. Any such failure to register or
41 verify may also be the basis for revocation of parole pursuant to
42 section two hundred fifty-nine-i of the executive law or the basis for
43 revocation of probation pursuant to article four hundred ten of the
44 criminal procedure law.
45 § 168-nn. Unauthorized release of information. The unauthorized
46 release of any information required by this article shall be a class B
47 misdemeanor.
48 § 168-oo. Separability. If any section of this article, or part there-
49 of shall be adjudged by a court of competent jurisdiction to be invalid,
50 such judgment shall not affect, impair or invalidate the remainder or
51 any other section or part thereof.
52 § 2. This act shall take effect on the one hundred eightieth day after
53 it shall have become a law.
