Add §§195.03 & 195.04, Pen L; add Art 6-B §§165 - 165-o, Cor L
Enacts "Brittany's law" defining domestic violence offenses and offenders and requiring such offenders to register with the division of criminal justice services; establishes the crimes of failure to register or verify as a domestic violence offender in the first and second degrees.
STATE OF NEW YORK
________________________________________________________________________
9286
IN ASSEMBLY
February 11, 2016
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Correction
AN ACT to amend the penal law and the correction law, in relation to
establishing "Brittany's law"
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 "Brittany's
2 law".
3 § 2. The penal law is amended by adding two new sections 195.03 and
4 195.04 to read as follows:
5 § 195.03 Failure to register or verify as a domestic violence offender
6 in the second degree.
7 A person is guilty of failure to register or verify as a domestic
8 violence offender in the second degree when, being a domestic violence
9 offender required to register or verify pursuant to article six-B of the
10 correction law, he or she fails to register or verify in the manner and
11 within the time periods provided for in such article.
12 Failure to register or verify as a domestic violence offender in the
13 second degree is a class E felony.
14 § 195.04 Failure to register or verify as a domestic violence offender
15 in the first degree.
16 A person is guilty of failure to register or verify as a domestic
17 violence offender in the first degree when he or she commits the crime
18 of failure to register or verify as a domestic violence offender in the
19 second degree and has previously been convicted of failure to register
20 or verify as a domestic violence offender in the second degree as
21 defined in section 195.03 of this article.
22 Failure to register or verify as a domestic violence offender in the
23 first degree is a class D felony.
24 § 3. The correction law is amended by adding a new article 6-B to read
25 as follows:
26 ARTICLE 6-B
27 DOMESTIC VIOLENCE REGISTRATION ACT
28 Section 165. Definitions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13912-02-6
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1 165-a. Duties of the division; registration information.
2 165-b. Domestic violence offender; relocation; notification.
3 165-c. Duties of the court.
4 165-d. Discharge of domestic violence offender from correctional
5 facility; duties of official in charge.
6 165-e. Duty to register and to verify.
7 165-f. Prior convictions; duty to inform and register.
8 165-g. Duration of registration and verification.
9 165-h. Registration and verification requirements.
10 165-i. Notification of local law enforcement agencies of change
11 of address.
12 165-j. Registration for change of address from another state.
13 165-k. Special telephone number.
14 165-l. Immunity from liability.
15 165-m. Annual report.
16 165-n. Failure to register; penalty.
17 165-o. Unauthorized release of information.
18 § 165. Definitions. As used in this article, the following definitions
19 apply:
20 1. "Domestic violence offender" includes any person who is convicted
21 of any of the domestic violence offenses set forth in subdivision two of
22 this section. Convictions that result from or are connected with the
23 same act, or result from offenses committed at the same time, shall be
24 counted for the purpose of this article as one conviction. Any
25 conviction set aside pursuant to law is not a conviction for purposes of
26 this article.
27 2. "Domestic violence offense" means the conviction of any felony
28 offense defined in the penal law when the victim of such crime or
29 offense is a family or household member.
30 3. "Family or household members" means the following individuals:
31 (a) persons related by consanguinity or affinity;
32 (b) persons legally married to one another;
33 (c) persons formerly married to one another regardless of whether they
34 still reside in the same household;
35 (d) persons who have a child in common regardless of whether such
36 persons are married or have lived together at any time; or
37 (e) unrelated persons who are continually or at regular intervals
38 living in the same household or who have in the past continually or at
39 regular intervals lived in the same household.
40 4. "Parent" means a natural or adoptive parent or any individual
41 lawfully charged with a minor child's care or custody.
42 5. "Division" means the division of criminal justice services as
43 defined by section eight hundred thirty-five of the executive law.
44 6. "Law enforcement agency having jurisdiction" means:
45 (a) (i) the chief law enforcement officer in the village, town or city
46 in which the offender expects to reside upon his or her discharge,
47 probation, parole, release to post-release supervision or upon any form
48 of state or local conditional release; or
49 (ii) if there be no chief law enforcement officer in such village,
50 town or city, the chief law enforcement officer of the county in which
51 the offender expects to reside; or
52 (iii) if there be no chief enforcement officer in such village, town,
53 city or county, the division of state police; and
54 (b) in the case of a domestic violence offender who is or expects to
55 be employed by, enrolled in, attending or employed, whether for compen-
56 sation or not, at an institution of higher education, (i) the chief law
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1 enforcement officer in the village, town or city in which such institu-
2 tion is located; or (ii) if there be no chief law enforcement officer in
3 such village, town or city, the chief law enforcement officer of the
4 county in which such institution is located; or (iii) if there be no
5 chief law enforcement officer in such village, town, city or county, the
6 division of state police; and (iv) if such institution operates or
7 employs a campus law enforcement or security agency, the chief of such
8 agency; and
9 (c) in the case of a domestic violence offender who expects to reside
10 within a state park or on other land under the jurisdiction of the
11 office of parks, recreation and historic preservation, the state
12 regional park police.
13 § 165-a. Duties of the division; registration information. 1. The
14 division shall establish and maintain a file of individuals required to
15 register pursuant to the provisions of this article which shall include
16 the following information of each registrant:
17 (a) The domestic violence offender's name, all aliases used, date of
18 birth, sex, race, height, weight, eye color, driver's license number,
19 home address and/or expected place of domicile, any internet accounts
20 with internet access providers belonging to such offender and internet
21 identifiers that such offender uses.
22 (b) A photograph and set of fingerprints. The division shall, during
23 the period of registration, update such photograph once every three
24 years. The division shall notify the domestic violence offender by mail
25 of the duty to appear and be photographed at the specified law enforce-
26 ment agency having jurisdiction. Such notification shall be mailed at
27 least thirty days and not more than sixty days before the photograph is
28 required to be taken pursuant to this article.
29 (c) A description of the offense for which the domestic violence
30 offender was convicted, the date of conviction and the sentence imposed.
31 (d) The name and address of any institution of higher education at
32 which the domestic violence offender is or expects to be enrolled,
33 attending or employed, whether for compensation or not, and whether such
34 offender resides in or will reside in a facility owned or operated by
35 such institution.
36 (e) The employment address and/or expected place of employment of the
37 domestic violence offender.
38 (f) Any other information deemed pertinent by the division.
39 2. (a) The division is authorized to make the registry available to
40 any regional or national registry of domestic violence offenders for the
41 purpose of sharing information. The division shall accept files from any
42 regional or national registry of domestic violence offenders and shall
43 make such files available when requested pursuant to the provisions of
44 this article.
45 (b) No official, agency, authorized person or entity, whether public
46 or private, shall be subject to any civil or criminal liability for
47 damages for any decision or action made in the ordinary course of busi-
48 ness of that official, agency, authorized person or entity pursuant to
49 this article, provided that such official, agency, authorized person or
50 entity acted reasonably and in good faith with respect to such registry
51 information.
52 (c) The division shall require that no information included in the
53 registry shall be made available except in the furtherance of the
54 provisions of this article.
55 3. The division shall develop a standardized registration form to be
56 made available to the appropriate authorities and promulgate rules and
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1 regulations to implement the provisions of this section. Such form shall
2 be written in clear and concise language and shall advise the domestic
3 violence offender of his or her duties and obligations under this arti-
4 cle.
5 4. The division shall mail a nonforwardable verification form to the
6 last reported address of the domestic violence offender for annual
7 verification requirements.
8 5. The division shall also establish and operate a telephone number as
9 provided for in section one hundred sixty-five-k of this article.
10 6. The division shall also establish a public awareness campaign to
11 advise the public of the provisions of this article.
12 7. The division shall charge a fee of ten dollars each time a domestic
13 violence offender registers any change of address or any change of his
14 or her status of enrollment, attendance, employment or residence at any
15 institution of higher education as required by this article. The fee
16 shall be paid to the division by the domestic violence offender. The
17 state comptroller is hereby authorized to deposit such fees into the
18 domestic violence awareness fund established pursuant to section nine-
19 ty-seven-yyy of the state finance law as added by chapter six hundred
20 thirty-four of the laws of two thousand two.
21 8. The division shall, upon the request of any children's camp opera-
22 tor, release to such person any information in the registry relating to
23 a prospective employee of any such person or entity in accordance with
24 the provisions of this article. The division shall promulgate rules and
25 regulations relating to procedures for the release of information in the
26 registry to such persons.
27 9. The division shall, upon the request of any authorized internet
28 entity, release to such entity internet identifiers that would enable
29 such entity to prescreen or remove domestic violence offenders from its
30 services or, in conformity with state and federal law, advise law
31 enforcement and/or other governmental entities of potential violations
32 of law and/or threats to public safety. Before releasing any information
33 the division shall require an authorized internet entity that requests
34 information from the registry to submit to the division the name,
35 address and telephone number of such entity and the specific legal
36 nature and corporate status of such entity. Except for the purposes
37 specified in this subdivision, an authorized internet entity shall not
38 publish or in any way disclose or redisclose any information provided to
39 it by the division pursuant to this subdivision. The division may charge
40 an authorized internet entity a fee for access to registered internet
41 identifiers requested by such entity pursuant to this subdivision. The
42 division shall promulgate rules and regulations relating to procedures
43 for the release of information in the registry, including but not limit-
44 ed to, the disclosure and redisclosure of such information, and the
45 imposition of any fees.
46 § 165-b. Domestic violence offender; relocation; notification. 1. In
47 the case of any domestic violence offender, it shall be the duty of the
48 department, hospital or local correctional facility at least ten calen-
49 dar days prior to the release or discharge of any domestic violence
50 offender from a correctional facility, hospital or local correctional
51 facility to notify the division of the contemplated release or discharge
52 of such domestic violence offender, informing the division in writing on
53 a form provided by the division indicating the address at which he or
54 she proposes to reside and the name and address of any institution of
55 higher education at which he or she expects to be enrolled, attending or
56 employed, whether for compensation or not, and whether he or she resides
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1 in or will reside in a facility owned or operated by such institution.
2 If such domestic violence offender changes his or her place of residence
3 while on parole, such notification of the change of residence shall be
4 sent by the domestic violence offender's parole officer within forty-
5 eight hours to the division on a form provided by the division. If such
6 domestic violence offender changes the status of his or her enrollment,
7 attendance, employment or residence at any institution of higher educa-
8 tion while on parole, such notification of the change of status shall be
9 sent by the domestic violence offender's parole officer within forty-
10 eight hours to the division on a form provided by the division.
11 2. In the case of any domestic violence offender on probation, it
12 shall be the duty of the domestic violence offender's probation officer
13 to notify the division within forty-eight hours of the new place of
14 residence on a form provided by the division. If such domestic violence
15 offender changes the status of his or her enrollment, attendance,
16 employment or residence at any institution of higher education while on
17 probation, such notification of the change of status shall be sent by
18 the domestic violence offender's probation officer within forty-eight
19 hours to the division on a form provided by the division.
20 3. In the case in which any domestic violence offender escapes from a
21 state or local correctional facility or hospital, the designated offi-
22 cial of the facility or hospital where the person was confined shall
23 notify within twenty-four hours the law enforcement agency having had
24 jurisdiction at the time of his or her conviction, informing such law
25 enforcement agency of the name and aliases of the person, and the
26 address at which he or she resided at the time of his or her conviction,
27 the amount of time remaining to be served, if any, on the full term for
28 which he or she was sentenced, and the nature of the crime for which he
29 or she was sentenced, transmitting at the same time a copy of such
30 domestic violence offender's fingerprints and photograph and a summary
31 of his or her criminal record.
32 4. The division shall provide general information, in registration
33 materials and annual correspondence, to registrants concerning notifica-
34 tion and registration procedures that may apply if the registrant is
35 authorized to relocate and relocates to another state or United States
36 possession, or commences employment or attendance at an education insti-
37 tution in another state or United States possession. Such information
38 shall include addresses and telephone numbers for relevant agencies from
39 which additional information may be obtained.
40 § 165-c. Duties of the court. 1. Upon conviction of any of the
41 offenses set forth in subdivision two of section one hundred sixty-five
42 of this article the court shall certify that the person is a domestic
43 violence offender and shall include the certification in the order of
44 commitment, if any, and judgment of conviction. The court shall also
45 advise the domestic violence offender of his or her duties under this
46 article. Failure to include the certification in the order of commit-
47 ment or the judgment of conviction shall not relieve a domestic violence
48 offender of the obligations imposed by this article.
49 2. Any domestic violence offender, who is released on probation or
50 discharged upon payment of a fine, conditional discharge or uncondi-
51 tional discharge shall, prior to such release or discharge, be informed
52 of his or her duty to register under this article by the court in which
53 he or she was convicted. At the time sentence is imposed, such domestic
54 violence offender shall register with the division on a form prepared by
55 the division. The court shall require the domestic violence offender to
56 read and sign such form and to complete the registration portion of such
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1 form. The court shall on such form obtain the address where the domestic
2 violence offender expects to reside upon his or her release, and the
3 name and address of any institution of higher education he or she
4 expects to be employed by, enrolled in, attending or employed, whether
5 for compensation or not, and whether he or she expects to reside in a
6 facility owned or operated by such an institution, and shall report such
7 information to the division. The court shall give one copy of the form
8 to the domestic violence offender and shall send two copies to the divi-
9 sion which shall forward the information to the law enforcement agencies
10 having jurisdiction. Where the court orders a domestic violence offen-
11 der released on probation, such order must include a provision requiring
12 that he or she comply with the requirements of this article. Where such
13 domestic violence offender violates such provision, probation may be
14 immediately revoked in the manner provided by article four hundred ten
15 of the criminal procedure law.
16 § 165-d. Discharge of domestic violence offender from correctional
17 facility; duties of official in charge. Any domestic violence offender,
18 to be discharged, paroled, released to post-release supervision or
19 released from any state or local correctional facility, hospital or
20 institution where he or she was confined or committed, shall at least
21 fifteen calendar days prior to discharge, parole or release, be informed
22 of his or her duty to register under this article, by the facility in
23 which he or she was confined or committed. The facility shall require
24 the domestic violence offender to read and sign such form as may be
25 required by the division stating the duty to register and the procedure
26 for registration has been explained to him or her and to complete the
27 registration portion of such form. The facility shall obtain on such
28 form the address where the domestic violence offender expects to reside
29 upon his or her discharge, parole or release and the name and address of
30 any institution of higher education he or she expects to be employed by,
31 enrolled in, attending or employed, whether for compensation or not, and
32 whether he or she expects to reside in a facility owned or operated by
33 such an institution, and shall report such information to the division.
34 The facility shall give one copy of the form to the domestic violence
35 offender, retain one copy and shall send one copy to the division which
36 shall provide the information to the law enforcement agencies having
37 jurisdiction. The facility shall give the domestic violence 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 domestic violence offender and sent to the division by the
41 facility at least ten days prior to the domestic violence offender's
42 release or discharge.
43 § 165-e. Duty to register and to verify. 1. Any domestic violence
44 offender shall, (a) at least ten calendar days prior to discharge,
45 parole, release to post-release supervision or release from any state or
46 local correctional facility, hospital or institution where he or she was
47 confined or committed, or, (b) at the time sentence is imposed for any
48 domestic violence offender released on probation or discharged upon
49 payment of a fine, conditional discharge or unconditional discharge,
50 register with the division on a form prepared by the division.
51 2. For a domestic violence offender required to register under this
52 article on each anniversary of the domestic violence offender's initial
53 registration date during the period in which he or she is required to
54 register under this section the following applies:
55 (a) The domestic violence offender shall mail the verification form to
56 the division within ten calendar days after receipt of the form.
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1 (b) The verification form shall be signed by the domestic violence
2 offender, and state that he or she still resides at the address last
3 reported to the division.
4 (c) If the domestic violence offender fails to mail the signed verifi-
5 cation form to the division within ten calendar days after receipt of
6 the form, he or she shall be in violation of this section unless he or
7 she proves that he or she has not changed his or her residence address.
8 (d) If the domestic violence offender, to whom a notice has been
9 mailed at the last reported address pursuant to this article, fails to
10 personally appear at the law enforcement agency having jurisdiction,
11 within twenty days of the anniversary of the domestic violence
12 offender's initial registration, or an alternate later date scheduled by
13 the law enforcement agency having jurisdiction, he or she shall be in
14 violation of this section. The duty to personally appear for such
15 updated photograph shall be temporarily suspended during any period in
16 which the domestic violence offender is confined in any hospital or
17 institution, and such domestic violence offender shall personally appear
18 for such updated photograph no later than ninety days after release from
19 such hospital or institution, or an alternate later date scheduled by
20 the law enforcement agency having jurisdiction.
21 3. Any domestic violence offender shall register with the division no
22 later than ten calendar days after any change of address, internet
23 accounts with internet access providers belonging to such offender,
24 internet identifiers that such offender uses, or his or her status of
25 enrollment, attendance, employment or residence at any institution of
26 higher education. A fee of ten dollars, as authorized by subdivision
27 seven of section one hundred sixty-five-a of this article, shall be
28 submitted by the domestic violence offender each time such offender
29 registers any change of address or any change of his or her status or
30 enrollment, attendance, employment or residence at any institution of
31 higher education. Any failure or omission to submit the required fee
32 shall not affect the acceptance by the division of the change of address
33 or change of status.
34 4. The duty to register under the provisions of this article shall not
35 be applicable to any domestic violence offender whose conviction was
36 reversed upon appeal or who was pardoned by the governor.
37 5. Any nonresident worker or nonresident student, as defined in subdi-
38 visions fourteen and fifteen of section one hundred sixty-eight-a of
39 this chapter, shall register his or her current address and the address
40 of his or her place of employment or educational institution attended
41 with the division within ten calendar days after such nonresident worker
42 or nonresident student commences employment or attendance at an educa-
43 tional institution in the state. Any nonresident worker or nonresident
44 student shall notify the division of any change of residence, employment
45 or educational institution address no later than ten days after such
46 change. The division shall notify the law enforcement agency where the
47 nonresident worker is employed or the educational institution is located
48 that a nonresident worker or nonresident student is present in that
49 agency's jurisdiction.
50 § 165-f. Prior convictions; duty to inform and register. 1. The
51 department of parole or office of probation and correctional alterna-
52 tives in accordance with risk factors pursuant to this article shall
53 determine the duration of registration and notification for every domes-
54 tic violence offender who on the effective date of this article is then
55 on parole or probation for an offense provided for in subdivision two of
56 section one hundred sixty-five of this article.
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1 2. Every domestic violence offender who on the effective date of this
2 article is then on parole or probation for an offense provided for in
3 subdivision two of section one hundred sixty-five of this article shall
4 within ten calendar days of such determination register with his or her
5 parole or probation officer. On each anniversary of the domestic
6 violence offender's initial registration date thereafter, the provisions
7 of section one hundred sixty-five-e of this article shall apply. Any
8 domestic violence offender who fails or refuses to so comply shall be
9 subject to the same penalties as otherwise provided for in this article
10 which would be imposed upon a domestic violence offender who fails or
11 refuses to so comply with the provisions of this article on or after
12 such effective date.
13 3. It shall be the duty of the parole or probation officer to inform
14 and register such domestic violence offender according to the require-
15 ments imposed by this article. A parole or probation officer shall give
16 one copy of the form to the domestic violence offender and shall, within
17 three calendar days, send two copies electronically or otherwise to the
18 division which shall forward one copy electronically or otherwise to the
19 law enforcement agency having jurisdiction where the domestic violence
20 offender resides upon his or her parole, probation, or upon any form of
21 state or local conditional release.
22 4. A petition for relief from this section is permitted to any domes-
23 tic violence offender required to register while released on parole or
24 probation pursuant to section one hundred sixty-five-n of this article.
25 § 165-g. Duration of registration and verification. The duration of
26 registration and verification for a domestic violence offender shall be
27 annually for a period of twenty years from the initial date of registra-
28 tion.
29 § 165-h. Registration and verification requirements. Registration and
30 verification as required by this article shall consist of a statement in
31 writing signed by the domestic violence offender giving the information
32 that is required by the division and the division shall enter the infor-
33 mation into an appropriate electronic data base or file.
34 § 165-i. Notification of local law enforcement agencies of change of
35 address. 1. Upon receipt of a change of address by a domestic violence
36 offender required to register under this article, the division shall
37 notify the local law enforcement agency having jurisdiction of the new
38 place of residence and the local law enforcement agency where the domes-
39 tic violence offender last resided of the new place of residence.
40 2. Upon receipt of change of address information, the local law
41 enforcement agency having jurisdiction of the new place of residence
42 shall adhere to the notification provisions set forth in this article.
43 3. The division shall, if the domestic violence offender changes resi-
44 dence to another state, notify the appropriate agency within that state
45 of the new place of residence.
46 4. Upon receipt of a change in the status of the enrollment, attend-
47 ance, employment or residence at an institution of higher education by a
48 domestic violence offender required to register under this article, the
49 division shall notify each law enforcement agency having jurisdiction
50 which is affected by such change.
51 5. Upon receipt of change in the status of the enrollment, attendance,
52 employment or residence at an institution of higher education by a
53 domestic violence offender required to register under this article, each
54 law enforcement agency having jurisdiction shall adhere to the notifica-
55 tion provisions set forth in this article.
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1 § 165-j. Registration for change of address from another state. 1. A
2 domestic violence offender who has been convicted of an offense which
3 requires registration under this article shall notify the division of
4 the new address no later than ten calendar days after such domestic
5 violence offender establishes residence in this state.
6 2. If the division determines that the domestic violence offender is
7 required to register, the division shall notify the domestic violence
8 offender of his or her duty to register under this article and shall
9 require the domestic violence offender to sign a form as may be required
10 by the division acknowledging that the duty to register and the proce-
11 dure for registration has been explained to the domestic violence offen-
12 der. The division shall obtain on such form the address where the domes-
13 tic violence offender expects to reside within the state and the
14 domestic violence offender shall retain one copy of the form and send
15 two copies to the division which shall provide the information to the
16 law enforcement agency having jurisdiction where the domestic violence
17 offender expects to reside within this state.
18 3. The division shall undertake an information campaign designed to
19 provide information to officials and appropriate individuals in other
20 states and United States possessions concerning the notification proce-
21 dures required by this article. Such information campaign shall be ongo-
22 ing, and shall include, but not be limited to, letters, notice forms and
23 similar materials providing relevant information about this article and
24 the specific procedures required to effect notification. Such materials
25 shall include an address and telephone number which such officials and
26 individuals in other states and United States possessions may use to
27 obtain additional information.
28 § 165-k. Special telephone number. 1. Pursuant to section one hundred
29 sixty-five-a of this article, the division shall also operate a tele-
30 phone number that members of the public may call free of charge and
31 inquire whether a named individual required to register pursuant to this
32 article is listed. The division shall ascertain whether a named person
33 reasonably appears to be a person so listed. The division shall decide
34 whether the named person reasonably appears to be a person listed, based
35 upon information from the caller providing information that shall
36 include (a) an exact street address, including apartment number, driv-
37 er's license number or birth date, along with additional information
38 that may include social security number, hair color, eye color, height,
39 weight, distinctive markings, ethnicity; or (b) any combination of the
40 above listed characteristics if an exact birth date or address is not
41 available. If three of the characteristics provided include ethnicity,
42 hair color, and eye color, other identifying characteristics shall be
43 provided. Any information identifying the victim by name, birth date,
44 address or relation to the person listed by the division shall be
45 excluded by the division.
46 2. When the telephone number is called, a preamble shall be played
47 which shall provide the following information:
48 (a) notice that the caller's telephone number will be recorded;
49 (b) that there is no charge for use of the telephone number;
50 (c) notice that the caller is required to identify himself or herself
51 to the operator and provide current address and shall be maintained in a
52 written record;
53 (d) notice that the caller is required to be eighteen years of age or
54 older;
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1 (e) a warning that it is illegal to use information obtained through
2 the telephone number to commit a crime against any person listed or to
3 engage in illegal discrimination or harassment against such person;
4 (f) notice that the caller is required to have the birth date, driv-
5 er's license or identification number, or address or other identifying
6 information regarding the person about whom information is sought in
7 order to achieve a positive identification of that person;
8 (g) a statement that the number is not a crime hotline and that any
9 suspected criminal activity should be reported to local authorities;
10 (h) a statement that an information package which will include a
11 description of the law and domestic violence prevention materials is
12 available upon request from the division. Such information package shall
13 include questions and answers regarding the most commonly asked ques-
14 tions about the domestic violence offender registration act, and current
15 domestic violence prevention material.
16 3. (a) The division shall establish a program allowing non-profit and
17 not-for-profit youth services organizations to pre-register with the
18 division for use of the telephone number. Pre-registration shall include
19 the identification of up to two officials of the organization who may
20 call the telephone number and obtain information on behalf of the organ-
21 ization. A pre-registered certificate issued under this subdivision
22 shall be valid for two years, unless earlier revoked by the division for
23 good cause shown. No fee shall be charged to an applicant for the issu-
24 ance of a pre-registered certificate pursuant to this subdivision.
25 (b) An organization granted a pre-registered certificate pursuant to
26 this subdivision may, upon calling the telephone number, inquire whether
27 multiple named individuals are listed on the domestic violence offender
28 registry. Notwithstanding any per call limitation the division may place
29 on calls by private individuals, the division shall allow such pre-re-
30 gistered organizations to inquire about up to twenty prospective coach-
31 es, leaders or volunteers in each call to the telephone number.
32 (c) For purposes of this subdivision, "youth services organization"
33 shall mean a formalized program operated by a corporation pursuant to
34 subparagraph five of paragraph (a) of section one hundred two of the
35 not-for-profit corporation law that functions primarily to: (i) provide
36 children the opportunity to participate in adult-supervised sporting
37 activities; or (ii) match children or groups of children with adult
38 volunteers for the purpose of providing children with positive role
39 models to enhance their development.
40 4. Whenever there is reasonable cause to believe that any person or
41 group of persons is engaged in a pattern or practice of misuse of the
42 telephone number, the attorney general, any district attorney or any
43 person aggrieved by the misuse of the number is authorized to bring a
44 civil action in the appropriate court requesting preventive relief,
45 including an application for a permanent or temporary injunction,
46 restraining order or other order against the person or group of persons
47 responsible for the pattern or practice of misuse. The foregoing reme-
48 dies shall be independent of any other remedies or procedures that may
49 be available to an aggrieved party under other provisions of law. Such
50 person or group of persons shall be subject to a fine of not less than
51 five hundred dollars and not more than one thousand dollars.
52 5. The division shall submit to the legislature an annual report on
53 the operation of the telephone number. The annual report shall include,
54 but not be limited to, all of the following:
55 (a) number of calls received;
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1 (b) a detailed outline of the amount of money expended and the manner
2 in which it was expended for purposes of this section;
3 (c) number of calls that resulted in an affirmative response and the
4 number of calls that resulted in a negative response with regard to
5 whether a named individual was listed;
6 (d) number of persons listed; and
7 (e) a summary of the success of the telephone number program based
8 upon selected factors.
9 § 165-l. Immunity from liability. 1. No official, employee or agency,
10 whether public or private, shall be subject to any civil or criminal
11 liability for damages for any discretionary decision to release relevant
12 and necessary information pursuant to this section if that official,
13 employee or agency acted reasonably and in good faith. The immunity
14 provided under this section applies to the release of relevant informa-
15 tion to other employees or officials or to the general public.
16 2. Nothing in this section shall be deemed to impose any civil or
17 criminal liability upon or to give rise to a cause of action against any
18 official, employee or agency, whether public or private, for failing to
19 release information as authorized in this section if that official,
20 employee or agency acted reasonably and in good faith.
21 § 165-m. Annual report. The division shall on or before February first
22 in each year file a report with the governor, and the legislature
23 detailing the program, compliance with provisions of this article and
24 effectiveness of the provisions of this article, together with any
25 recommendations to further enhance the intent of this article.
26 § 165-n. Failure to register; penalty. Any person required to register
27 pursuant to the provisions of this article who fails to register in the
28 manner and within the time periods provided for in this article shall be
29 guilty of a class E felony for the first offense, and for a second or
30 subsequent offense shall be guilty of a class D felony respectively in
31 accordance with sections 195.03 and 195.04 of the penal law. Any such
32 failure to register may also be the basis for revocation of parole
33 pursuant to section two hundred fifty-nine-i of the executive law which
34 shall be in addition to any other penalties provided by law.
35 § 165-o. Unauthorized release of information. The unauthorized release
36 of any information required by this article shall be a class B misdemea-
37 nor.
38 § 4. If any clause, sentence, paragraph, section or part of this
39 section shall be adjudged by any court of competent jurisdiction to be
40 invalid, such judgment shall not affect, impair or invalidate the
41 remainder thereof, but shall be confined in its operation to the clause,
42 sentence, paragraph, section or part thereof directly involved in the
43 controversy in which such judgment shall have been rendered.
44 § 5. This act shall take effect immediately; provided, however, that
45 section two of this act shall take effect on the first of November next
46 succeeding the date on which it shall have become a law.
