Add §§195.03 & 195.04, Pen L; add Art 6-D §§169 - 169-s, Cor L; add §530.15, amd §530.12, CP L
Enacts Danielle DiMedici, Jessica Tush and Brittany Passalacqua's law; establishes the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; creates a registry for domestic abuse offenders; defines domestic abuse offender; allows discretion of the court to place offender on registry.
STATE OF NEW YORK
________________________________________________________________________
64--A
Cal. No. 971
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. YOUNG, HELMING, AMEDORE, GALLIVAN, GOLDEN, KENNEDY,
LARKIN, O'MARA, RITCHIE, ROBACH, SEWARD, TEDISCO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes -- reported favorably from said committee and committed to the
Committee on Finance -- reported favorably from said committee and
committed to the Committee on Rules -- ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the penal law, in relation to establishing the crimes of
failure to register or verify as a domestic abuse offender in the
first and second degrees; to amend the correction law, in relation to
enacting "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's
Law"; and to amend the criminal procedure law, in relation to domestic
abuse offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 195.03
2 and 195.04 to read as follows:
3 § 195.03 Failure to register or verify as a domestic abuse offender in
4 the second degree.
5 A person is guilty of failure to register or verify as a domestic
6 abuse offender in the second degree when, being a domestic abuse offen-
7 der required to register or verify pursuant to article six-D of the
8 correction law, he or she fails to register or verify in the manner and
9 within the time periods provided for in such article.
10 Failure to register or verify as a domestic abuse offender in the
11 second degree is a class E felony.
12 § 195.04 Failure to register or verify as a domestic abuse offender in
13 the first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06155-02-7
S. 64--A 2
1 A person is guilty of failure to register or verify as a domestic
2 abuse offender in the first degree when he or she commits the crime of
3 failure to register or verify as a domestic abuse offender in the second
4 degree and has previously been convicted of failure to register or veri-
5 fy as a domestic abuse offender in the second degree as defined in
6 section 195.03 of this article.
7 Failure to register or verify as a domestic abuse offender in the
8 first degree is a class D felony.
9 § 2. The correction law is amended by adding a new article 6-D to read
10 as follows:
11 ARTICLE 6-D
12 DANIELLE DIMEDICI, JESSICA TUSH AND BRITTANY PASSALACQUA'S LAW
13 Section 169. Short title.
14 169-a. Definitions.
15 169-b. Duties of the division; registration information.
16 169-c. Domestic abuse offender; relocation; notification.
17 169-d. Duties of the court.
18 169-e. Discharge of domestic abuse offender from correctional
19 facility; duties of official in charge.
20 169-f. Duty to register and to verify.
21 169-g. Prior convictions; duty to inform and register.
22 169-h. Duration of registration and verification.
23 169-i. Registration and verification requirements.
24 169-j. Notification of local law enforcement agencies of change
25 of address.
26 169-k. Registration for change of address from another state.
27 169-l. Petition for relief or modification.
28 169-m. Special telephone number.
29 169-n. Directory; internet posting.
30 169-o. Immunity from liability.
31 169-p. Annual report.
32 169-q. Failure to register; penalty.
33 169-r. Unauthorized release of information.
34 169-s. Separability.
35 § 169. Short title. This article shall be known and may be cited as
36 "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's law".
37 § 169-a. Definitions. As used in this article, the following defi-
38 nitions apply:
39 1. "Domestic abuse offender" includes any person who (a) is convicted
40 of any of the offenses set forth in subdivision two of this section.
41 Convictions that result from or are connected with the same act, or
42 result from offenses committed at the same time, shall be counted for
43 the purpose of this article as one conviction. Any conviction set aside
44 pursuant to law is not a conviction for purposes of this article; or (b)
45 has been determined by the court to be a domestic abuse offender by a
46 court pursuant to section 530.15 or paragraph (c) of subdivision one of
47 section 530.12 of the criminal procedure law.
48 2. "Domestic abuse offense" means:
49 (a) disorderly conduct, criminal obstruction of breathing or blood
50 circulation, strangulation in the first degree, strangulation in the
51 second degree, harassment in the first degree, harassment in the second
52 degree, aggravated harassment in the second degree, stalking in the
53 first degree, stalking in the second degree, stalking in the third
54 degree, stalking in the fourth degree, criminal mischief, menacing in
55 the second degree, menacing in the third degree, reckless endangerment,
56 assault in the second degree, assault in the third degree or an
S. 64--A 3
1 attempted assault between spouses or former spouses, or between parent
2 and child or between members of the same family or household except that
3 if the respondent would not be criminally responsible by reason of age
4 pursuant to section 30.00 of the penal law. For purposes of this
5 section, "disorderly conduct" includes disorderly conduct not in a
6 public place; or
7 (b) a conviction of (i) an offense in any other jurisdiction which
8 includes all of the essential elements of any such crime provided for in
9 paragraph (a) of this subdivision or (ii) a felony in any other juris-
10 diction for which the offender is required to register as a domestic
11 abuse offender in the jurisdiction in which the conviction occurred,
12 provided that the elements of such crime of conviction are substantially
13 the same as those which are a part of such offense as of the date on
14 which this section takes effect.
15 3. For purposes of this section, "members of the same family or house-
16 hold" with respect to a proceeding in the criminal courts shall mean the
17 following:
18 (a) persons related by consanguinity or affinity;
19 (b) persons legally married to one another;
20 (c) persons formerly married to one another regardless of whether they
21 still reside in the same household;
22 (d) persons who have a child in common, regardless of whether such
23 persons have been married or have lived together at any time;
24 (e) persons who are not related by consanguinity or affinity and who
25 are or have been in an intimate relationship regardless of whether such
26 persons have lived together at any time. Factors the court may consider
27 in determining whether a relationship is an "intimate relationship"
28 include but are not limited to: the nature or type of relationship,
29 regardless of whether the relationship is sexual in nature; the frequen-
30 cy of interaction between the persons; and the duration of the relation-
31 ship. Neither a casual acquaintance nor ordinary fraternization between
32 two individuals in business or social contexts shall be deemed to
33 constitute an "intimate relationship"; and
34 (f) persons residing together continually or at regular intervals,
35 currently or in the past.
36 4. "Law enforcement agency having jurisdiction" means:
37 (a) (i) the chief law enforcement officer in the village, town or city
38 in which the domestic abuse offender expects to reside upon his or her
39 discharge, probation, parole, release to post-release supervision or
40 upon any form of state or local conditional release; or (ii) if there be
41 no chief law enforcement officer in such village, town or city, the
42 chief law enforcement officer of the county in which the offender
43 expects to reside; or (iii) if there be no chief enforcement officer in
44 such village, town, city or county, the division of state police; and
45 (b) in the case of a domestic abuse offender who is or expects to be
46 employed by, enrolled in, attending or employed, whether for compen-
47 sation or not, at an institution of higher education: (i) the chief law
48 enforcement officer in the village, town or city in which such institu-
49 tion is located; or (ii) if there be no chief law enforcement officer in
50 such village, town or city, the chief law enforcement officer of the
51 county in which such institution is located; or (iii) if there be no
52 chief law enforcement officer in such village, town, city or county, the
53 division of state police; and (iv) if such institution operates or
54 employs a campus law enforcement or security agency, the chief of such
55 agency.
S. 64--A 4
1 5. "Division" means the division of criminal justice services as
2 defined by section eight hundred thirty-five of the executive law.
3 6. "Local correctional facility" means a local correctional facility
4 as that term is defined in subdivision sixteen of section two of this
5 chapter.
6 7. "Probation" means a sentence of probation imposed pursuant to arti-
7 cle sixty-five of the penal law and shall include a sentence of impri-
8 sonment imposed in conjunction with a sentence of probation.
9 8. "Nonresident worker" means any person required to register as a
10 domestic abuse offender in another jurisdiction who is employed or
11 carries on a vocation in this state, on either a full-time or a part-
12 time basis, with or without compensation, for more than fourteen consec-
13 utive days, or for an aggregate period exceeding thirty days in a calen-
14 dar year.
15 9. "Nonresident student" means a person required to register as a
16 domestic abuse offender in another jurisdiction who is enrolled on a
17 full-time or part-time basis in any public or private educational insti-
18 tution in this state including any secondary school, trade or profes-
19 sional institution or institution of higher education.
20 § 169-b. Duties of the division; registration information. 1. The
21 division shall establish and maintain a file of individuals required to
22 register pursuant to the provisions of this article which shall include
23 the following information of each registrant:
24 (a) The domestic abuse offender's name, all aliases used, date of
25 birth, sex, race, height, weight, eye color, driver's license number,
26 and home address and/or expected place of domicile.
27 (b) A photograph and set of fingerprints.
28 (c) A description of the offense for which the domestic abuse offender
29 was convicted, the date of conviction and the sentence imposed.
30 (d) The name and address of any institution of higher education at
31 which the domestic abuse offender is or expects to be enrolled, attend-
32 ing or employed, whether for compensation or not, and whether such
33 domestic abuse offender resides in or will reside in a facility owned or
34 operated by such institution.
35 (e) Any other information deemed pertinent by the division.
36 2. (a) The division is authorized to make the registry available to
37 any regional or national registry of domestic abuse offenders for the
38 purpose of sharing information. The division shall accept files from any
39 regional or national registry of domestic abuse offenders and shall make
40 such files available when requested pursuant to the provisions of this
41 article.
42 (b) The division shall require that no information included in the
43 registry shall be made available except in the furtherance of the
44 provisions of this article.
45 3. The division shall develop a standardized registration form to be
46 made available to the appropriate authorities and promulgate rules and
47 regulations to implement the provisions of this section. Such form shall
48 be written in clear and concise language and shall advise the domestic
49 abuse offender of his or her duties and obligations under this article.
50 4. The division shall mail a nonforwardable verification form to the
51 last reported address of the person for annual verification require-
52 ments.
53 5. The division shall establish and operate a telephone number as
54 provided for in section one hundred sixty-nine-m of this article.
55 6. The division shall establish a directory pursuant to section one
56 hundred sixty-nine-n of this article.
S. 64--A 5
1 7. The division shall establish a public awareness campaign to advise
2 the public of the provisions of this article.
3 8. (a) The division shall charge an administrative fee to a domestic
4 abuse offender to cover the cost of inclusion on the registry. Such fee
5 shall be set at a reasonable rate to be determined periodically by the
6 division.
7 (b) The division shall charge a fee of ten dollars each time a domes-
8 tic abuse offender registers any change of address or any change of his
9 or her status of enrollment, attendance, employment or residence at any
10 institution of higher education as required by subdivision three of
11 section one hundred sixty-nine-f of this article. The fee shall be paid
12 to the division by the domestic abuse offender. The state comptroller is
13 hereby authorized to deposit such fees into the general fund.
14 § 169-c. Domestic abuse offender; relocation; notification. 1. In the
15 case of any domestic abuse offender, it shall be the duty of the depart-
16 ment or local correctional facility at least ten calendar days prior to
17 the release or discharge of any domestic abuse offender from a correc-
18 tional facility or local correctional facility to notify the division of
19 the contemplated release or discharge of such domestic abuse offender,
20 informing the division in writing on a form provided by the division
21 indicating the address at which he or she proposes to reside and the
22 name and address of any institution of higher education at which he or
23 she expects to be enrolled, attending or employed, whether for compen-
24 sation or not, and whether he or she resides in or will reside in a
25 facility owned or operated by such institution. If such domestic abuse
26 offender changes his or her place of residence while on parole, such
27 notification of the change of residence shall be sent by the domestic
28 abuse offender's parole officer within forty-eight hours to the division
29 on a form provided by the division. If such domestic abuse offender
30 changes the status of his or her enrollment, attendance, employment or
31 residence at any institution of higher education while on parole, such
32 notification of the change of status shall be sent by the domestic abuse
33 offender's parole officer within forty-eight hours to the division on a
34 form provided by the division.
35 2. In the case of any domestic abuse offender on probation, it shall
36 be the duty of the domestic abuse offender's probation officer to notify
37 the division within forty-eight hours of the new place of residence on a
38 form provided by the division. If such domestic abuse offender changes
39 the status of his or her enrollment, attendance, employment or residence
40 at any institution of higher education while on probation, such notifi-
41 cation of the change of status shall be sent by the domestic abuse
42 offender's probation officer within forty-eight hours to the division on
43 a form provided by the division.
44 3. In the case in which any domestic abuse offender escapes from a
45 state or local correctional facility, the designated official of the
46 facility where the domestic abuse offender was confined shall notify
47 within twenty-four hours the law enforcement agency having had jurisdic-
48 tion at the time of his or her conviction, informing such law enforce-
49 ment agency of the name and aliases of the domestic abuse offender, and
50 the address at which he or she resided at the time of his or her
51 conviction, the amount of time remaining to be served, if any, on the
52 full term for which he or she was sentenced, and the nature of the crime
53 for which he or she was sentenced, transmitting at the same time a copy
54 of such domestic abuse offender's fingerprints and photograph and a
55 summary of his or her criminal record.
S. 64--A 6
1 4. The division shall provide general information, in registration
2 materials and annual correspondence, to registrants concerning notifica-
3 tion and registration procedures that may apply if the registrant is
4 authorized to relocate and relocates to another state or United States
5 possession, or commences employment or attendance at an educational
6 institution in another state or United States possession. Such informa-
7 tion shall include addresses and telephone numbers for relevant agencies
8 from which additional information may be obtained.
9 § 169-d. Duties of the court. 1. Upon conviction of any of the
10 offenses set forth in subdivision two of section one hundred
11 sixty-nine-a of this article the court shall certify that the person is
12 a domestic abuse offender and shall include the certification in the
13 judgment of conviction. The court shall also advise the domestic abuse
14 offender of his or her duties under this article. Failure to include the
15 certification in the judgment of conviction shall not relieve a domestic
16 abuse offender of the obligations imposed by this article.
17 2. Any domestic abuse offender who has been convicted of a violent
18 felony or two or more misdemeanors against a person who is a member of
19 such offender's family or household as defined in section 530.12 of the
20 criminal procedure law, who is released on probation or discharged upon
21 payment of a fine, conditional discharge or unconditional discharge
22 shall, prior to such release or discharge, be informed of his or her
23 duty to register under this article by the court in which he or she was
24 convicted. At the time sentence is imposed, such domestic abuse offender
25 shall register with the division on a form prepared by the division. The
26 court shall require the domestic abuse offender to read and sign such
27 form and to complete the registration portion of such form. The court
28 shall on such form obtain the address where the domestic abuse offender
29 expects to reside upon his or her 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 court shall give one copy of the form to the domestic abuse offender
35 and shall send two copies to the division which shall forward the infor-
36 mation to the law enforcement agencies having jurisdiction. Where the
37 court orders a domestic abuse offender released on probation, such order
38 must include a provision requiring that he or she comply with the
39 requirements of this article. Where such domestic abuse offender
40 violates such provision, probation may be immediately revoked in the
41 manner provided by article four hundred ten of the criminal procedure
42 law.
43 3. Notwithstanding any other provision of law to the contrary, it
44 shall be in the courts discretion to require an offender to register
45 pursuant to this article. In determining whether an offender should be
46 on the registry, a judge shall consider, among other things, whether the
47 offender is a victim who was defending himself or herself and the
48 offender's history of and propensity for violence. In addition, a judge
49 may require a threat assessment of future risk, utilizing methods such
50 as a Domestic Violence MOSAIC, a Danger Assessment, a Domestic Violence
51 Screening Instrument or a Kingston Screening Instrument for Domestic
52 Violence or other threat assessment as the court may deem appropriate.
53 4. The court shall provide reasonable opportunity to a victim to
54 object to an offender's inclusion in the registry and shall take such
55 information into account while determining the offender's inclusion
56 pursuant to subdivision three of this section.
S. 64--A 7
1 § 169-e. Discharge of domestic abuse offender from correctional facil-
2 ity; duties of official in charge. 1. Any domestic abuse offender, to be
3 discharged, paroled, released to post-release supervision or released
4 from any state or local correctional facility, shall at least fifteen
5 calendar days prior to discharge, parole or release, be informed of his
6 or her duty to register under this article, by the facility in which he
7 or she was confined. The facility shall require the domestic abuse
8 offender to read and sign such form as may be required by the division
9 stating the duty to register and the procedure for registration has been
10 explained to him or her and to complete the registration portion of such
11 form. The facility shall obtain on such form the address where the
12 domestic abuse offender expects to reside upon his or her discharge,
13 parole or release and the name and address of any institution of higher
14 education he or she expects to be employed by, enrolled in, attending or
15 employed, whether for compensation or not, and whether he or she expects
16 to reside in a facility owned or operated by such an institution, and
17 shall report such information to the division. The facility shall give
18 one copy of the form to the domestic abuse offender, retain one copy and
19 shall send one copy to the division which shall provide the information
20 to the law enforcement agencies having jurisdiction. The facility shall
21 give the domestic abuse offender a form prepared by the division, to
22 register with the division at least fifteen calendar days prior to
23 release and such form shall be completed, signed by the domestic abuse
24 offender and sent to the division by the facility at least ten days
25 prior to the domestic abuse offender's release or discharge.
26 2. The division shall also immediately transmit the conviction data
27 and fingerprints to the Federal Bureau of Investigation if not already
28 obtained.
29 § 169-f. Duty to register and to verify. 1. Any domestic abuse offen-
30 der shall (a) at least ten calendar days prior to discharge, parole,
31 release to post-release supervision or release from any state or local
32 correctional facility where he or she was confined, or (b) if released
33 on probation or discharged upon payment of a fine, conditional discharge
34 or unconditional discharge, at the time sentence is imposed, register
35 with the division on a form prepared by the division.
36 2. Any domestic abuse offender required to register under this article
37 shall on or before each anniversary of the domestic abuse offender's
38 initial registration date during the period in which he or she is
39 required to register verify that he or she still resides at the address
40 last reported to the division.
41 3. Any domestic abuse offender shall register with the division no
42 later than ten calendar days after any change of address or any change
43 of his or her status of enrollment, attendance, employment or residence
44 at any institution of higher education. A fee of ten dollars, as author-
45 ized by subdivision eight of section one hundred sixty-nine-b of this
46 article, shall be submitted by the domestic abuse offender each time
47 such domestic abuse offender registers any change of address or any
48 change of his or her status of enrollment, attendance, employment or
49 residence at any institution of higher education. Any failure or omis-
50 sion to submit the required fee shall not affect the acceptance by the
51 division of the change of address or change of status.
52 4. The duty to register under the provisions of this article shall not
53 be applicable to any domestic abuse offender whose conviction was
54 reversed upon appeal or who was pardoned by the governor.
55 5. Any nonresident worker or nonresident student, as defined in subdi-
56 visions eight and nine of section one hundred sixty-nine-a of this arti-
S. 64--A 8
1 cle, shall register his or her current address and the address of his or
2 her place of employment or educational institution attended with the
3 division within ten calendar days after such nonresident worker or
4 nonresident student commences employment or attendance at an educational
5 institution in the state. Any nonresident worker or nonresident student
6 shall notify the division of any change of residence, employment or
7 educational institution address no later than ten days after such
8 change. The division shall notify the law enforcement agency where the
9 nonresident worker is employed or the educational institution is located
10 that a nonresident worker or nonresident student is present in that
11 agency's jurisdiction.
12 § 169-g. Prior convictions; duty to inform and register. 1. Every
13 domestic abuse offender who on the effective date of this article is
14 then on parole or probation for an offense provided for in subdivision
15 two of section one hundred sixty-nine-a of this article shall within
16 thirty calendar days of such effective date register with his or her
17 parole or probation officer. Any domestic abuse offender who fails or
18 refuses to so comply shall be subject to the same penalties as otherwise
19 provided for in this article which would be imposed upon a domestic
20 abuse offender who fails or refuses to so comply with the provisions of
21 this article on or after such effective date.
22 2. It shall be the duty of the parole or probation officer to inform
23 and register such domestic abuse offender according to the requirements
24 imposed by this article. A parole or probation officer shall give one
25 copy of the form to the domestic abuse offender and shall, within three
26 calendar days, send two copies electronically or otherwise to the divi-
27 sion which shall forward one copy electronically or otherwise to the law
28 enforcement agency having jurisdiction where the domestic abuse offender
29 resides upon his or her parole, probation, or upon any form of state or
30 local conditional release.
31 § 169-h. Duration of registration and verification. The duration of
32 registration and verification for a domestic abuse offender shall be for
33 a period of five to ten years from the initial date of registration, as
34 determined by the court, or while a permanent order of protection exists
35 against the domestic abuse offender whichever is longer.
36 § 169-i. Registration and verification requirements. Registration and
37 verification as required by this article shall consist of a statement in
38 writing signed by the domestic abuse offender giving the information
39 that is required by the division and the division shall enter the infor-
40 mation into an appropriate electronic data base or file.
41 § 169-j. Notification of local law enforcement agencies of change of
42 address. 1. Upon receipt of a change of address by a domestic abuse
43 offender required to register under this article, the division shall
44 notify the local law enforcement agency having jurisdiction of the new
45 place of residence and the local law enforcement agency where the domes-
46 tic abuse offender last resided of the new place of residence.
47 2. The division shall, if the domestic abuse offender changes resi-
48 dence to another state, notify the appropriate agency within that state
49 of the new place of residence.
50 3. Upon receipt of a change in the status of the enrollment, attend-
51 ance, employment or residence at an institution of higher education by a
52 domestic abuse offender required to register under this article, the
53 division shall notify each law enforcement agency having jurisdiction
54 which is affected by such change.
55 § 169-k. Registration for change of address from another state. 1. A
56 domestic abuse offender who has been convicted of an offense which
S. 64--A 9
1 requires registration under paragraph (b) of subdivision two of section
2 one hundred sixty-nine-a of this article shall notify the division of
3 the new address no later than ten calendar days after such domestic
4 abuse offender establishes residence in this state.
5 2. The division shall undertake an information campaign designed to
6 provide information to officials and appropriate individuals in other
7 states and United States possessions concerning the notification proce-
8 dures required by this article. Such information campaign shall be ongo-
9 ing, and shall include, but not be limited to, letters, notice forms and
10 similar materials providing relevant information about this article and
11 the specific procedures required to effect notification. Such materials
12 shall include an address and telephone number which such officials and
13 individuals in other states and United States possessions may use to
14 obtain additional information.
15 § 169-l. Petition for relief or modification. Any domestic abuse
16 offender who is required to register or verify pursuant to this article
17 and who has been registered for a minimum period of ten years may be
18 relieved of any further duty to register upon the granting of a petition
19 for relief by the sentencing court or by the court which made the deter-
20 mination regarding duration of registration and level of notification.
21 The offender shall bear the burden of proving by clear and convincing
22 evidence that his or her risk of repeat offense and threat to public
23 safety is such that registration or verification is no longer necessary.
24 Such petition, if granted, shall not relieve the petitioner of the duty
25 to register pursuant to this article upon conviction of any offense
26 requiring registration in the future. Such a petition shall not be
27 considered more than once every two years. In the event that the domes-
28 tic abuse offender's petition for relief is granted, the district attor-
29 ney may appeal as of right from the order pursuant to the provisions of
30 articles fifty-five, fifty-six and fifty-seven of the civil practice law
31 and rules. Where counsel has been assigned to represent the domestic
32 abuse offender upon the ground that the domestic abuse offender is
33 financially unable to retain counsel, that assignment shall be continued
34 throughout the pendency of the appeal, and the person may appeal as a
35 poor person pursuant to article eighteen-B of the county law.
36 § 169-m. Special telephone number. 1. Pursuant to section one hundred
37 sixty-nine-b of this article, the division shall operate a telephone
38 number that members of the public may call free of charge and inquire
39 whether a named individual required to register pursuant to this article
40 is listed. The division shall ascertain whether a named person reason-
41 ably appears to be a person so listed and provide the caller with the
42 relevant information. The division shall decide whether the named person
43 reasonably appears to be a person listed, based upon information from
44 the caller providing information that shall include (a) an exact street
45 address, including apartment number, driver's license number or birth
46 date, along with additional information that may include social security
47 number, hair color, eye color, height, weight, distinctive markings,
48 ethnicity; or (b) any combination of the above listed characteristics if
49 an exact birth date or address is not available. If three of the charac-
50 teristics provided include ethnicity, hair color, and eye color, other
51 identifying characteristics shall be provided. Any information identify-
52 ing the victim by name, birth date, address or relation to the person
53 listed by the division shall be excluded by the division.
54 2. When the telephone number is called, a preamble shall be played
55 which shall provide the following information:
56 (a) notice that the caller's telephone number will be recorded;
S. 64--A 10
1 (b) that there is no charge for use of the telephone number;
2 (c) notice that the caller is required to identify himself or herself
3 to the operator and provide a current address and that the call shall be
4 maintained in a written record;
5 (d) a warning that it is illegal to use information obtained through
6 the telephone number to commit a crime against any person listed or to
7 engage in illegal discrimination or harassment against such person;
8 (e) notice that the caller is required to have the birth date, driv-
9 er's license or identification number, or address or other identifying
10 information regarding the person about whom information is sought in
11 order to achieve a positive identification of that person; and
12 (f) a statement that the number is not a crime hotline and that any
13 suspected criminal activity should be reported to local authorities.
14 3. Whenever there is reasonable cause to believe that any person or
15 group of persons is engaged in a pattern or practice of misuse of the
16 telephone number, the attorney general, any district attorney or any
17 person aggrieved by the misuse of the number is authorized to bring a
18 civil action in the appropriate court requesting preventive relief,
19 including an application for a permanent or temporary injunction,
20 restraining order or other order against the person or group of persons
21 responsible for the pattern or practice of misuse. The foregoing reme-
22 dies shall be independent of any other remedies or procedures that may
23 be available to an aggrieved party under other provisions of law. Such
24 person or group of persons shall be subject to a fine of not less than
25 five hundred dollars and not more than one thousand dollars.
26 4. The division shall submit to the legislature an annual report on
27 the operation of the telephone number. The annual report shall include,
28 but not be limited to, all of the following:
29 (a) number of calls received;
30 (b) a detailed outline of the amount of money expended and the manner
31 in which it was expended for purposes of this section;
32 (c) number of calls that resulted in an affirmative response and the
33 number of calls that resulted in a negative response with regard to
34 whether a named individual was listed;
35 (d) number of persons listed; and
36 (e) a summary of the success of the telephone number program based
37 upon selected factors.
38 § 169-n. Directory; internet posting. 1. The division shall maintain a
39 directory of domestic abuse offenders. The directory shall include the
40 address, address of the offender's place of employment and photograph of
41 the domestic abuse offender along with the following information, if
42 available: name, physical description, age and distinctive markings. The
43 directory shall have domestic abuse offender listings categorized by
44 county and zip code. A copy of the directory shall annually be distrib-
45 uted to the offices of local, village, town, city, county or state law
46 enforcement agencies for purposes of public access. The division shall
47 distribute monthly updates to the offices of local, village, town, city,
48 county or state law enforcement agencies for purposes of public access.
49 Such departments shall require that a person in writing provide their
50 name and address prior to viewing the directory. The directory provided
51 for in this section shall be updated monthly to maintain its efficiency
52 and usefulness and shall be computer accessible. Such directory shall be
53 made available at all times on the internet via the division homepage.
54 2. Every page of the division's website shall prominently display a
55 link to the website of the New York state office for the prevention of
56 domestic violence and the telephone number of the New York state domes-
S. 64--A 11
1 tic violence hotline and shall also contain a caveat informing users
2 that a person who is not on the registry may still have a history of
3 violence or a propensity for violence and if the user suspects that a
4 person he or she is involved with is dangerous, he or she should call
5 the hotline.
6 3. Any person who uses information disclosed pursuant to this section
7 in violation of the law shall in addition to any other penalty or fine
8 imposed, be subject to a fine of not less than five hundred dollars and
9 not more than one thousand dollars. Unauthorized removal or duplication
10 of the directory from the offices of a local, village or city police
11 department shall be punishable by a fine not to exceed one thousand
12 dollars. In addition, the attorney general, any district attorney, or
13 any person aggrieved is authorized to bring a civil action in the appro-
14 priate court requesting preventive relief, including an application for
15 a permanent or temporary injunction, restraining order, or other order
16 against the person or group of persons responsible for such action. The
17 foregoing remedies shall be independent of any other remedies or proce-
18 dures that may be available to an aggrieved party under other provisions
19 of law.
20 § 169-o. Immunity from liability. 1. No official, employee or agency,
21 whether public or private, shall be subject to any civil or criminal
22 liability for damages for any discretionary decision to release relevant
23 and necessary information pursuant to this article, if that official,
24 employee or agency acted reasonably and in good faith. The immunity
25 provided under this section applies to the release of relevant informa-
26 tion to other employees or officials or to the general public.
27 2. Nothing in this section shall be deemed to impose any civil or
28 criminal liability upon or to give rise to a cause of action against any
29 official, employee or agency, whether public or private, for failing to
30 release information as authorized in this section unless it is shown
31 that such official, employee or agency acted with gross negligence or in
32 bad faith.
33 § 169-p. Annual report. The division shall on or before August first
34 in each year file a report with the governor and the legislature detail-
35 ing the program, compliance with provisions of this article and effec-
36 tiveness of the provisions of this article, together with any recommen-
37 dations to further enhance the intent of this article.
38 § 169-q. Failure to register; penalty. Any person required to register
39 pursuant to the provisions of this article who fails to register in the
40 manner and within the time periods provided for in this article shall be
41 guilty of a class E felony for the first offense, and for a second or
42 subsequent offense shall be guilty of a class D felony respectively in
43 accordance with sections 195.03 and 195.04 of the penal law. Any such
44 failure to register may also be the basis for revocation of parole
45 pursuant to section two hundred fifty-nine-i of the executive law which
46 shall be in addition to any other penalties provided by law.
47 § 169-r. Unauthorized release of information. The unauthorized release
48 of any information required by this article shall be a class B misdemea-
49 nor.
50 § 169-s. Separability. If any section of this article, or part thereof
51 shall be adjudged by a court of competent jurisdiction to be invalid,
52 such judgment shall not affect, impair or invalidate the remainder or
53 any other section or part thereof.
54 § 3. The criminal procedure law is amended by adding a new section
55 530.15 to read as follows:
56 § 530.15 Domestic abuse offender determination.
S. 64--A 12
1 If in the opinion of the court the interest of justice would be
2 served, the court may, in its discretion, find a defendant against whom
3 an order of protection has been issued on two or more separate occasions
4 is a "domestic abuse offender" as defined in subdivision one of section
5 one hundred sixty-nine-a of the correction law.
6 § 4. Subdivision 1 of section 530.12 of the criminal procedure law is
7 amended by adding a new paragraph (c) to read as follows:
8 (c) determine a defendant against whom an order of protection has been
9 issued on two or more separate occasions to be a "domestic abuse offen-
10 der" as defined in subdivision one of section one hundred sixty-nine-a
11 of the correction law.
12 § 5. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided, however, that section one of this
14 act shall take effect on the first of November next succeeding the date
15 on which it shall have become a law; and provided further, that effec-
16 tive immediately, the addition, amendment and/or repeal of any rule or
17 regulation necessary for the implementation of this act on its effective
18 date are authorized to be made and completed on or before such date.
