A06129 Summary:

BILL NOA06129C
 
SAME ASSAME AS S03464-C
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Add 719 & 233, Exec L; add Art 6-D 169-a - 169-x, Cor L; add 490.23, Pen L; add 97-aaaa, St Fin L
 
Enacts the New York State Terrorist Registry Act; establishes the New York State terrorist registry; provides for terrorist registry information sharing; provides for registry information collection and notification; creates a special phone number and internet directory; establishes the crime of failure to register or verify with the NYS terrorist registry which is a class A-I felony.
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A06129 Actions:

BILL NOA06129C
 
03/16/2015referred to governmental operations
03/31/2015amend and recommit to governmental operations
03/31/2015print number 6129a
05/29/2015amend (t) and recommit to governmental operations
05/29/2015print number 6129b
01/06/2016referred to governmental operations
01/20/2016amend and recommit to governmental operations
01/20/2016print number 6129c
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A06129 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6129C
 
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the executive law, the correction law, the penal law, and the state finance law, in relation to the establish- ment of the New York state terrorist registry   PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the executive law, the correction law, the penal law, and the state finance law, to the establish the New York State Terrorist Registry.   SUMMARY OF SPECIFIC PROVISIONS: Summary of Provisions: This bill would: *Create a new section 719 of the executive law to provide for sharing of the terrorist registry information between the Division of Criminal Justice Services - DCJS (the keeper of the registry) and the Division of Homeland Security and Emergency Services - DHSES; *Create a new section 232 of the executive law to provide for sharing of the terrorist registry information between DCJS and the Division of State Police; *Create a new Article 6-D of the correction law to establish a New York State Terrorist Registry for Terrorists who live, work or attend an educational institution in New York State, based upon the model of Registration of Sex Offenders (Megan's Law - Article 6-C of the correction law); *Create a new section 490.23 of the penal law, to establish the new crime of failing to register or provide verification information for the New York State Terrorist Registry; and *Create a new section 97-aaaa of the state finance law, to establish the Terrorist Registry Funds Management Account, to provide for the collection of fees from the New York State Terrorist Registry program and to provide a fund to reimburse local governments and state agencies for their costs associated with administering the program.   PURPOSE OF THE BILL: Pursuant to the legislative intent of the bill, the purpose would of this act would be: "to monitor those individuals, who have demonstrated through their past actions, that they would commit an act of terrorism, so that through such monitoring, such persons will be discouraged and/or prevented from committing any new acts of terrorism, against the people and property of the state of New York."   TERRORIST REGISTRY: Specifically, the terrorist registry established pursuant to the new article 6-D, created by this bill would add 23 new sections to the correction law, in a very similar legal construct to Megan's law. Such registry would: *Register Terrorists: -Convicted of a state or federal crime of terrorism, or -Who have committed a "Verifiable Act of Terrorism" causing the federal government to take concordant responsive action; *Contain Information on Terrorists who live, work or attend school in New York State, including: -Personal-biographical information; -Forensic information (DNA, fingerprints and annual photograph); -Incident information (on the terrorist's past acts); -Employment information (which also includes educational information for students); and -Verification information; *Be assembled and maintained by DCJS, in cooperation with other govern- ment agencies; *Have non confidential information available to the public via a DCJS website and phone number; *Have confidential information available to government certain agencies, such as the state police, FBI, DHSES and United States Department of Homeland Security; and *Would be financed by fees collected from registrants   OPERATION OF THE REGISTRY: This bill would require DCJS to assemble and maintain the New York State Terrorist Registry. Pursuant to its terms: *DCJS would be required to work with other state and federal agencies to assemble a list of persons ("terrorists") who have ever committed a state or federal crime of terrorism, or who have ever committed a "Veri- fiable Act of Terrorism" that caused the federal government to obtain a conviction or concordant administrative determination, and examine and determine which of such terrorists are, or will be, residing, working or attending an educational institution in New York; *DCJS would be further required to add such terrorists to the New York State Terrorist Registry, and send such persons a standardized registra- tion packet, that DCJS must produce, which notifies the terrorist of their obligation to register and verify, and provides for the collection of all the necessary registry information; *Upon being added to the registry, the terrorist would be required to complete and sign the standardized registration form, and appear either before their confinement entity (such as the Department of Corrections) or if they are not incarcerated, before the law enforcement agency having jurisdiction (such as their local police department) to submit to a photograph, fingerprinting and DNA test; and *DCJS would be additionally required to review the information gathered on the terrorist, and in consultation with DHSES and the state police, determine what of such information should be kept confidential for secu- rity reasons, and then provide for the public accessibility of such non confidential information (as enumerated by the bill) by means of a post- ing of the registry on the DCJS website and by means of a public caller telephone service, with all information deemed secure not being disclosed.   JUDICIAL REVIEW: Any terrorist who wishes to have their name removed from the registry can make an application before the supreme court of the county of residence, or if they are not a resident of New York, before the supreme court of the county of Albany.   FAILURE TO REGISTER AND/OR VERIFY: Any person who fails to register, provide the necessary registration information to DCJS, or fails to provide the necessary verification information to DCJS would be guilty of a violation of § 490.23 of the penal law, which would be a class A-1 felony.   JUSTIFICATION: This bill would require terrorists convicted of a state or federal crime of terrorism, or who have committed a "Verifiable Act of Terrorism" causing the federal government to take concordant, responsive action, to register with the Division of Criminal Justice Services, and have their non confidential information made publically available. Based upon the highly successful construct of New York's Sexual Offender Registration Act (Megan's Law) this bill seeks to monitor those individ- uals, who have demonstrated through their past actions, that they would commit an act of terrorism, so that through such monitoring, such persons will be discouraged and/or prevented from committing any new acts of terrorism, against the people and property of the state of New York. Any effective government program to combat terrorism must require prevention, response and recovery. None of these elements is more impor- tant than prevention. The same proven strategy of registering convicted sexual predators to protect children can be equally applied to register convicted terrorists to protect all the people of the state. Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria (ISIS) have demonstrated their relentless, ferocious brutality over and over again They have repeatedly stated that they wish to see continued terrorist attacks in America and New York State. This bill would respond to New York State's first obligation as a government, to provide public protection for its citizens, and to do such in a manner that maintains essential freedoms and civil liberties of all people. Persons would be added to the New York State Terrorist Registry only after their past conduct resulted in a conviction for crime of terrorism or a federal action taken against them for committing a verifiable act of terrorism. Registrants can petition to the supreme court to have their name removed if such court finds that circumstances so justify the removal. The registration and verification is neither over-burdensome nor complex. Like the proven effectiveness of Megan's law, this bill would provide state and federal authorities with a powerful new tool to prevent future terrorist attacks, as well as provide terrorists with a serious disin- centive to commit another act of terrorism within New York State.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None noted.   EFFECTIVE DATE: This act would take effect on the first of November next succeeding the date on which it shall have become law.
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A06129 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6129--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Governmental Operations in accordance with  Assem-
          bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the executive law, the correction law,  the  penal  law,
          and the state finance law, in relation to the establishment of the New
          York state terrorist registry
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  state terrorist registry act".
     3    §  2. The executive law is amended by adding a new section 719 to read
     4  as follows:
     5    § 719. Terrorist registry information sharing. 1.   Upon request,  the
     6  division of criminal justice services shall provide any and all informa-
     7  tion  it obtains, on any terrorist required to be registered pursuant to
     8  article six-D of the correction law, to the division of homeland securi-
     9  ty and emergency services, and the provision of such  information  shall
    10  be in the form and manner as the division of homeland security and emer-
    11  gency services may so request.
    12    2.  Upon  request,  the  division  of  criminal justice services shall
    13  further regularly supplement the information provided pursuant to subdi-
    14  vision one of this section, so as to deliver any new, different or addi-
    15  tional information not previously provided to the division  of  homeland
    16  security and emergency services.
    17    3.  The  division  of  homeland  security and emergency services shall
    18  provide the division of criminal  justice  services  with  any  and  all
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09044-10-6

        A. 6129--C                          2
 
     1  information  the division of criminal justice services shall require, in
     2  order to maintain an accurate and complete  registration  of  terrorists
     3  pursuant  to  article  six-D of the correction law, and the provision of
     4  such  information  shall  be  in  the form and manner as the division of
     5  criminal justice services shall so request.
     6    § 3. The executive law is amended by adding a new section 233 to  read
     7  as follows:
     8    §  233.   Terrorist registry information sharing. 1. Upon request, the
     9  division of criminal justice services shall provide any and all informa-
    10  tion it obtains, on any terrorist required to be registered pursuant  to
    11  article  six-D  of  the correction law, to the division of state police,
    12  and the provision of such information shall be in the form and manner as
    13  the division of state police may so request.
    14    2. Upon request, the  division  of  criminal  justice  services  shall
    15  further regularly supplement the information provided pursuant to subdi-
    16  vision  one  of  this  section,  so as to deliver any new, different, or
    17  additional information not previously provided to the division of  state
    18  police.
    19    3. The division of state police shall provide the division of criminal
    20  justice  services  with any and all information the division of criminal
    21  justice services shall require, in order to  maintain  an  accurate  and
    22  complete  registration  of  terrorists  pursuant to article six-D of the
    23  correction law, and the provision of such information shall  be  in  the
    24  form  and  manner  as the division of criminal justice services shall so
    25  request.
    26    § 4. The correction law is amended by adding a new article 6-D to read
    27  as follows:
    28                                 ARTICLE 6-D
    29                             TERRORIST REGISTRY
    30  Section 169-a. Legislative findings.
    31          169-b. Definitions.
    32          169-c. Duties of the division.
    33          169-d. Registration information.
    34          169-e. Registrant notification;  standardized  registration  and
    35                   verification forms.
    36          169-f. Examination of potential registrants.
    37          169-g. Initial assembly of the registry.
    38          169-h. Registration and verification of terrorists.
    39          169-i. Duties of the court.
    40          169-j. Responsibilities   of   a  confinement  entity  prior  to
    41                   discharge of a terrorist.
    42          169-k. Responsibilities   during   community   supervision    or
    43                   probation.
    44          169-l. Duration of registration and verification.
    45          169-m. Notification of change of address.
    46          169-n. Registry information sharing.
    47          169-o. DNA and fingerprint custody and analysis.
    48          169-p. Registry and verification fees.
    49          169-q. Special telephone number.
    50          169-r. Internet directory.
    51          169-s. Immunity from liability.
    52          169-t. Annual report.
    53          169-u. Penalty.
    54          169-v. Unauthorized release of information.
    55          169-w. Expenses incurred by governmental entities.
    56          169-x. Separability.

        A. 6129--C                          3
 
     1    §  169-a.  Legislative  findings. The legislature finds and determines
     2  that terrorism is a serious threat to the public safety of the people of
     3  the state of New York.
     4    The  legislature  additionally  finds  and  determines, that it is the
     5  first responsibility  of  any  government  to  provide  for  the  public
     6  protection  and safety of its citizens, and that in order to assure such
     7  public protection and safety, New York must take active steps to advance
     8  a program of prevention of, response to, and  recovery  from,  terrorist
     9  attacks.
    10    The  legislature also finds and determines, that in order to advance a
    11  program to prevent terrorist attacks, while still preserving the  essen-
    12  tial  civil liberties and freedoms that New York's citizens hold dear as
    13  an irreplaceable, foundational element of society, the state  must  take
    14  responsible  action to register those individuals, who have demonstrated
    15  through their past actions, that they would commit an act of terrorism.
    16    The legislature further finds and determines, that the purpose of  the
    17  New  York  state  terrorist  registry established by this article, is to
    18  monitor those individuals, who  have  demonstrated  through  their  past
    19  actions,  that  they  would  commit an act of terrorism, so that through
    20  such monitoring, such persons will be discouraged and/or prevented  from
    21  committing any new acts of terrorism, against the people and property of
    22  the state of New York.
    23    §  169-b.  Definitions.  As  used in this article, the following defi-
    24  nitions shall apply:
    25    1. "Terrorist" means any person who  is  convicted  of  any  terrorist
    26  offense  set  forth  in  subdivision two of this section, and/or who has
    27  engaged in any verifiable act of terrorism pursuant to subdivision three
    28  of this section.
    29    2. "Terrorist offense" means any offense:
    30    (a) Set forth in article four hundred ninety of the penal law;
    31    (b) In any other jurisdiction, whether within the United States  or  a
    32  foreign  country,  which  includes  all of the essential elements of any
    33  offense set forth in article four hundred ninety of the penal law;
    34    (c) Set forth in sections 32, 37, 81, 175, 175b, 229,  351,  831,  844
    35  (f),  844  (i),  930 (c), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366,
    36  1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332a,  2332b,  2332c,  2332d,
    37  2332e,  2332f,  2332g, 2332h, 2339, 2339a, 2339b, 2339c, and/or 2339d of
    38  title 18 of the United States Code;
    39    (d) Set forth in section 2284 of title 42 of the United States Code;
    40    (e) Set forth in section 46504, 46505 (b) (3), 46506, and/or 60123 (b)
    41  of title 49 of the United States Code; and/or
    42    (f) In any other jurisdiction, whether within the United States  or  a
    43  foreign  country,  of  any  offense  which includes all of the essential
    44  elements of any offense set forth within paragraphs (c), (d) or  (e)  of
    45  this subdivision.
    46    3.  "Verifiable  act of terrorism" means any act committed by a person
    47  or persons that has resulted in such person or persons being:
    48    (a) Convicted by a combat status review tribunal or  military  commis-
    49  sion  of  any  act of terrorism, terrorist activities, or the harboring,
    50  support and/or promotion of terrorists of terrorist activities;
    51    (b) Convicted by a military or civilian court of  competent  jurisdic-
    52  tion  of  any  act of terrorism, terrorist activities, or the harboring,
    53  support and/or  promotion  of  terrorists  or  terrorist  activities  in
    54  violation of the uniform code of military justice;
    55    (c) Subject to an order of detention by the armed forces of the United
    56  States,  any  other  government  agency  of  the  United  States, or any

        A. 6129--C                          4

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

        A. 6129--C                          5
 
     1  nications facility through which a customer may  obtain  access  to  the
     2  internet.
     3    13.  "Internet  service  provider" means any business, organization or
     4  other entity engaged in the  business  of  providing  telecommunication,
     5  cable  and/or  broadband services to connect to, and communicate on, the
     6  internet, or any other broad multi-user computer system.
     7    14. "Internet identifiers" means any  electronic  mail  addresses  and
     8  designations  used  for  the purposes of chat, instant messaging, social
     9  networking or other similar internet communication.
    10    15. "Cellular service provider" means any  business,  organization  or
    11  other  entity engaged in the business of providing cellular telephone or
    12  device service through which a  customer  may  make  cellular  telephone
    13  calls or obtain access to the internet, but does not include a business,
    14  organization  or  other  entity to the extent that it provides only land
    15  line or cable telecommunications services.
    16    16. "Registry" means the New York state terrorist registry established
    17  and maintained by the division of criminal justice services pursuant  to
    18  this article.
    19    17. "Registrant" means a terrorist, that upon examination, pursuant to
    20  section  one  hundred  sixty-nine-f  of  this  article, the division has
    21  determined shall be required to register with, and be added to, the  New
    22  York state terrorist registry.
    23    18.  "Confinement  entity"  means the department, or any other office,
    24  agency, government, corporation or other institution which maintains the
    25  correctional facility, hospital, local  correctional  facility,  or  any
    26  other  similar type of secure facility, at which a terrorist, as defined
    27  in subdivision one of this section, is confined.
    28    § 169-c. Duties of the division.  1. Terrorist registry. The  division
    29  shall  establish  and  maintain  an  information  file on all terrorists
    30  required to register pursuant to the provisions of this  article,  which
    31  shall  include  all  the  information  set  forth in section one hundred
    32  sixty-nine-d of this article, and which shall be known as the  New  York
    33  state terrorist registry.
    34    2.  Registrant notification. The division shall notify every terrorist
    35  required to be registered under this article, pursuant to the provisions
    36  of section one hundred sixty-nine-e of this article,  but  in  no  event
    37  shall  the  failure  of a terrorist to receive such notice, or the divi-
    38  sion's failure to provide such notice, relieve such terrorist  from  any
    39  obligation required by this article.
    40    3. Initial assembly of the registry. The division, pursuant to section
    41  one  hundred sixty-nine-f of this article, shall conduct examinations to
    42  determine what terrorists shall be initially added to the registry,  and
    43  upon  such  examinations  and determinations, in accordance with section
    44  one hundred sixty-nine-g of this article, shall add such  terrorists  to
    45  the New York state terrorist registry.
    46    4.  Examinations of potential registrants. The division, in accordance
    47  with section one hundred sixty-nine-f of this article, shall make  regu-
    48  lar  examinations  to  determine  what  terrorists shall be added to the
    49  registry.
    50    5.  Standardized registration information form, personalized registra-
    51  tion information form and standardized registration form.  The  division
    52  shall  develop a standardized registration information form, a personal-
    53  ized registration information form and a standardized registration form,
    54  pursuant to section one hundred sixty-nine-e of this article.
    55    6. Standardized verification information form, personalized  verifica-
    56  tion form and standardized verification form. The division shall develop

        A. 6129--C                          6
 
     1  a  standardized  verification information form, a personalized verifica-
     2  tion form and a standardized verification form, pursuant to section  one
     3  hundred sixty-nine-e of this article.
     4    7. Registration and verification of terrorists. The division, pursuant
     5  to  section  one hundred sixty-nine-h of this article, shall provide for
     6  the registration and verification of terrorists added to  the  New  York
     7  state terrorist registry.
     8    8.  Notification  of  change  of  address.  The  division, pursuant to
     9  section one hundred sixty-nine-m of this article, shall provide for  the
    10  notification  of  law  enforcement  agencies having jurisdiction, when a
    11  registrant notifies the division of a change of address.
    12    9. Registry information sharing. The division, pursuant to section one
    13  hundred sixty-nine-n of this article, is authorized  to  share  the  New
    14  York  state terrorist registry, and all the information contained there-
    15  in, to advance the purposes of this article.
    16    10. Secure information. The division, pursuant to section one  hundred
    17  sixty-nine-n of this article, in consultation with the division of home-
    18  land  security  and emergency services and the division of state police,
    19  shall review the information contained on the registry, and shall deter-
    20  mine whether the disclosure of any particular information  contained  on
    21  the  registry may cause a security risk to the people or property of the
    22  state of New York, and upon  such  determination  that  such  particular
    23  information  needs  to  be deemed secure, the division shall remove such
    24  secure information from public accessibility.
    25    11. DNA custody and analysis. The division, pursuant  to  section  one
    26  hundred  sixty-nine-o  of  this  article,  shall provide for the secure,
    27  custodial transfer of the DNA sample collected from the registrant,  for
    28  the  preservation,  storage  and  analysis of such DNA sample, and shall
    29  further provide for the subsequent secure custodial transfer of the  DNA
    30  sample,  and/or  the analysis produced therefrom, to the state DNA iden-
    31  tification index, maintained pursuant to section  nine  hundred  ninety-
    32  five-c of the executive law.
    33    12.  Fingerprint  custody  and  analysis.  The  division,  pursuant to
    34  section one hundred sixty-nine-o of this article, shall provide for  the
    35  secure, custodial transfer of the fingerprints collected from the regis-
    36  trant,  to the laboratory maintained by the division of state police, or
    37  another approved fingerprint analysis entity as contracted with  by  the
    38  division,  for  the  preservation,  storage and analysis of such finger-
    39  prints.
    40    13. Registry and verification fees. The division, pursuant to  section
    41  one  hundred sixty-nine-p of this article, shall be authorized to charge
    42  registration and verification fees to be paid to  the  division  by  the
    43  registrant,  at the time and manner prescribed by the division, with the
    44  state comptroller being authorized to deposit such fees into the general
    45  fund.
    46    14. Special telephone number. The division shall establish and operate
    47  a special telephone number pursuant to section one hundred  sixty-nine-q
    48  of this article.
    49    15.  Internet  directory.  The  division  shall  establish an internet
    50  directory pursuant to section one hundred sixty-nine-r of this article.
    51    § 169-d. Registration information. The division, pursuant to  subdivi-
    52  sion  one  of  section  one  hundred sixty-nine-c of this article, shall
    53  establish and maintain an information file on all terrorists required to
    54  register pursuant to the provisions of section one hundred  sixty-nine-h
    55  of  this  article,  which shall be known as the New York state terrorist

        A. 6129--C                          7
 
     1  registry, and which shall include the following information on each such
     2  registrant:
     3    1. Personal information, including:
     4    (a) The terrorist's name;
     5    (b) All aliases currently or ever used by the terrorist;
     6    (c) The date of birth of the terrorist;
     7    (d) The sex of the terrorist;
     8    (e) The race of the terrorist;
     9    (f)  The height, weight, eye color, distinctive markings, and build of
    10  the terrorist;
    11    (g) The nation of origin and country or countries  of  citizenship  of
    12  the terrorist;
    13    (h)  The  driver's  license number or non-driver's identification card
    14  number of the terrorist;
    15    (i) The passport number of the most recent passport of the terrorist;
    16    (j) The home address and/or expected place of domicile  and/or  actual
    17  place of domicile of the terrorist;
    18    (k)  The social security number, or taxpayer identification number, of
    19  the terrorist;
    20    (l) Any and all internet accounts with internet service/access provid-
    21  ers belonging to such terrorist;
    22    (m) Any and all internet identifiers that such terrorist uses, or  has
    23  used; and
    24    (n)  Any and all cellular accounts and cellular telephone numbers with
    25  cellular service providers belonging to the terrorist, or  any  and  all
    26  cellular  accounts  and cellular telephone numbers with cellular service
    27  of which the terrorist has authorized use;
    28    2. Forensic information, including:
    29    (a) A photograph of  the  terrorist,  taken  in  accordance  with  the
    30  provisions of this article, which shall be updated annually;
    31    (b)  A  complete  set  of  fingerprints of the terrorist, collected in
    32  accordance with the provisions of this article;
    33    (c) A DNA sample, collected in accordance with the provisions of  this
    34  article,  with such sample being compliant with testing for the combined
    35  DNA index system (CODIS), and with such sample capable  of  providing  a
    36  report  and analysis of autosomal DNA (atDNA), mitochondrial DNA (mtDNA)
    37  and Y-chromosome DNA (Y-DNA), together with any other screening  or  DNA
    38  testing as may be required by the division; and
    39    (d)  A  DNA  analysis  of the DNA sample collected from the terrorist,
    40  performed by a laboratory approved by the division, with  such  analysis
    41  being  compliant  with  the  combined DNA index system (CODIS), and with
    42  such analysis capable of providing a report and  analysis  of  autosomal
    43  DNA  (atDNA),  mitochondrial  DNA  (mtDNA) and Y-chromosome DNA (Y-DNA),
    44  together with any other screening or DNA testing as may be  required  by
    45  the division;
    46    3.  Terrorist  incident  information,  including,  for  each and every
    47  terrorist incident involving the terrorist:
    48    (a) A complete description of the incident and its surrounding  events
    49  for  which the terrorist was convicted, detained, deported, transported,
    50  or designated;
    51    (b) The date of the incident and its surrounding events for which  the
    52  terrorist was convicted, detained, deported, transported, or designated;
    53    (c)  A complete description of each and every consequence of the inci-
    54  dent and its surrounding events for which the terrorist  was  convicted,
    55  detained, deported, transported, or designated, including each and every

        A. 6129--C                          8
 
     1  sentence,  fine,  punishment  and/or sanction imposed as a result of the
     2  incident; and
     3    (d)  The  date  of each and every conviction, detainment, deportation,
     4  transportation, and/or designation that occurred  as  a  result  of  the
     5  incident,  and each and every sentence, fine, punishment and/or sanction
     6  imposed as a result of the incident;
     7    4. Employment information of the terrorist, including:
     8    (a) In the case of a terrorist who is employed, or who expects  to  be
     9  employed:
    10    (i)  the  name  and  address  of  the  terrorist's current or expected
    11  employer;
    12    (ii) a complete description of the terrorist's employment duties, work
    13  locations, job titles and tools and materials utilized during the course
    14  of employment; and
    15    (iii) a complete list of the terrorist's supervisors; and
    16    (b) In the case of a terrorist who is a student, or who expects to  be
    17  a student:
    18    (i) the name and address of the terrorist's educational institution or
    19  expected educational institution;
    20    (ii)  a  complete  description  of  the  terrorist's classes taken, or
    21  expected to be taken, classroom locations, and educational credits; and
    22    (iii) a complete list of the terrorist's professors.
    23    5. Supplemental and verification information of the terrorist, includ-
    24  ing:
    25    (a) An annual update of the terrorist's photograph; and
    26    (b) Any other additional and further information deemed  pertinent  by
    27  the division.
    28    §   169-e.  Registrant  notification;  standardized  registration  and
    29  verification forms. 1. Registration packet. The division shall create  a
    30  non-forwardable  registration packet, which shall consist of a standard-
    31  ized registration information form, a personalized registration informa-
    32  tion form, and a standardized registration form.
    33    2. Standardized registration  information  form.  The  division  shall
    34  create  a  standardized  registration  information  form,  in  clear and
    35  concise language, with the purpose of  providing  information  to  every
    36  terrorist, required to register with the New York state terrorist regis-
    37  try, on the following:
    38    (a)  Duty  and  obligation  to register. The standardized registration
    39  information form shall provide information concerning  the  registrant's
    40  duty and obligation to register with the division;
    41    (b)  Further  duties  and obligations of registrants. The standardized
    42  registration information form shall also  provide  information  advising
    43  the  registrant of his or her duties and obligations under this article;
    44  and
    45    (c) Manner of registration. The standardized registration  information
    46  form  shall  additionally  provide information concerning the manner and
    47  procedures that a registrant shall be required to follow,  in  order  to
    48  properly  register  in  accordance  with the provisions of this article,
    49  including:
    50    (i) detailed directions and information as  to  how  to  complete  the
    51  standardized registration form;
    52    (ii) detailed directions and information as to how the registrant must
    53  appear before the law enforcement agency having jurisdiction, as well as
    54  information  concerning  the  registrant's requirement to provide his or
    55  her photograph, fingerprints and a DNA sample to  such  law  enforcement
    56  agency; and

        A. 6129--C                          9
 
     1    (iii)  detailed directions and information concerning the registrant's
     2  responsibility to pay a one hundred dollar registration fee to the divi-
     3  sion, pursuant to section one hundred sixty-nine-p of this article,  and
     4  the available means and manner in which such fee shall be paid.
     5    3.  Personalized  registration  information  form.  The division shall
     6  create a  personalized  registration  information  form,  in  clear  and
     7  concise  language,  with  the  purpose of providing information to every
     8  terrorist required to register with the New York state terrorist  regis-
     9  try  with detailed directions and information as to where the registrant
    10  must appear before the law enforcement agency having jurisdiction, which
    11  shall specify the  address,  telephone  number  and  designated  contact
    12  person of such law enforcement agency.
    13    4.  Standardized registration form. The division shall create a stand-
    14  ardized registration form, in  clear  and  concise  language,  with  the
    15  purpose of collecting the registration information identified in section
    16  one  hundred sixty-nine-d of this article, from every terrorist required
    17  to register with the New York state terrorist registry.
    18    5. Verification packet. The division shall  create  a  non-forwardable
    19  verification  packet, which shall consist of a standardized verification
    20  information form, a personalized verification information  form,  and  a
    21  standardized verification form.
    22    6.  Standardized  verification  information  form.  The division shall
    23  create a  standardized  verification  information  form,  in  clear  and
    24  concise  language,  with  the  purpose of providing information to every
    25  terrorist, required to register with the New York state terrorist regis-
    26  try, on the following:
    27    (a) Duty and obligation  to  provide  verification.  The  standardized
    28  verification  information  form shall provide information concerning the
    29  registrant's duty and obligation to provide quarterly verification  with
    30  the division;
    31    (b)  Further  duties  and obligations of registrants. The standardized
    32  verification information form shall also  provide  information  advising
    33  the  registrant of his or her duties and obligations under this article;
    34  and
    35    (c) Manner of registration. The standardized verification  information
    36  form  shall  additionally  provide information concerning the manner and
    37  procedures that a registrant shall be required to follow,  in  order  to
    38  properly  provide verification in accordance with the provisions of this
    39  article, including:
    40    (i) detailed directions and information as  to  how  to  complete  the
    41  standardized verification form;
    42    (ii)  detailed  directions  and information as to how to appear before
    43  the law enforcement agency having jurisdiction,  concerning  the  regis-
    44  trant's  requirement  to annually update his or her photograph with such
    45  law enforcement agency; and
    46    (iii) detailed directions and information concerning  the  terrorist's
    47  responsibility  to  pay  a ten dollar change of address fee to the divi-
    48  sion, as well as a ten dollar annual updated photograph fee, pursuant to
    49  section one hundred sixty-nine-p of  this  article,  and  the  available
    50  means and manner in which such fee or fees shall be paid.
    51    7.  Personalized  verification  information  form.  The division shall
    52  create a  personalized  verification  information  form,  in  clear  and
    53  concise  language,  with  the  purpose of providing information to every
    54  terrorist required to register with the New York state terrorist  regis-
    55  try  with detailed directions and information as to where the registrant
    56  must appear before the law enforcement agency having jurisdiction, which

        A. 6129--C                         10

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

        A. 6129--C                         11
 
     1    12. Mailing of registration packet. The  non-forwardable  registration
     2  packet,  as  defined in subdivision one of this section, shall be mailed
     3  by the division, by first class mail, to the last known address of  such
     4  terrorist,  in  accordance with the timelines established by subdivision
     5  fifteen of this section.
     6    13.  Purpose  of  the verification packet. The purpose of the non-for-
     7  wardable verification packet, created  in  accordance  with  subdivision
     8  five  of  this section, shall be to inform every registrant added to the
     9  New York state terrorist registry of such registrant's  duty  and  obli-
    10  gation  to  provide  verification  as  required  by this article, and to
    11  collect the necessary verification information from such  registrant  as
    12  required by this article.
    13    14.  Mailing  of verification packet. The non-forwardable verification
    14  packet, as defined in subdivision five of this section, shall be  mailed
    15  by  the division, by first class mail, to the last known address of such
    16  registrant, in accordance with the timelines established by  subdivision
    17  fifteen of this section.
    18    15.  Timelines.  With respect to the requirements of this article, the
    19  following timelines shall apply:
    20    (a) The mailing required in accordance with the provisions of subdivi-
    21  sion twelve of this section shall be completed by  the  division  within
    22  ten  calendar  days of the date on which the division adds the terrorist
    23  to whom the mailing is directed to the New York state  terrorist  regis-
    24  try;
    25    (b)  The  mailing  required in accordance with subdivision fourteen of
    26  this section shall be completed  by  the  division  within  seventy-five
    27  calendar days of the date on which the registrant to whom the mailing is
    28  directed  provides the division with all the information required in the
    29  standardized registration form, and then again, every ninety days there-
    30  after;
    31    (c) The registrant, within ten calendar days of  the  receipt  of  the
    32  registration packet from the division, or within thirty calendar days of
    33  the  mailing  of  registration  packet  by  the division, or within five
    34  calendar days of downloading the standardized registration form from the
    35  division's website, or within five days of being personally notified  by
    36  the division or its representative, whichever is earlier, shall return a
    37  fully  executed, signed and completed copy of the standardized registra-
    38  tion form to the division, either by means of United States first  class
    39  mail,  or  by  means  of personal delivery to the law enforcement agency
    40  having jurisdiction;
    41    (d) The registrant, within ten calendar days of  the  receipt  of  the
    42  verification  packet  from the division, or within fifteen calendar days
    43  of the mailing of verification packet by the division,  or  within  five
    44  calendar days of downloading the standardized verification form from the
    45  division's  website,  or  within  five calendar days of being personally
    46  notified by the division or its representative,  whichever  is  earlier,
    47  shall  return  a fully executed, signed and completed copy of the stand-
    48  ardized verification form to the division, either  by  means  of  United
    49  States  first  class  mail,  or by means of personal delivery to the law
    50  enforcement agency having jurisdiction;
    51    (e) The registrant, within fifteen calendar days of the receipt of the
    52  registration packet from the division, or  within  thirty-five  calendar
    53  days  of  the  mailing of registration packet by the division, or within
    54  ten calendar days of downloading the standardized registration form from
    55  the division's website, or within five calendar days of being personally
    56  notified by the division or its representative,  whichever  is  earlier,

        A. 6129--C                         12
 
     1  shall  appear  before the law enforcement agency having jurisdiction, to
     2  provide fingerprints, an initial photograph and  a  DNA  sample,  unless
     3  such  registrant  has previously had their initial photograph previously
     4  taken,  and  their  fingerprints and DNA sample previously collected, in
     5  accordance with subdivisions three  and  five  of  section  one  hundred
     6  sixty-nine-j  of  this article, or in accordance with subdivisions three
     7  and five of section one hundred sixty-nine-k of this article; and
     8    (f) The registrant shall annually appear before  the  law  enforcement
     9  agency having jurisdiction, not later than one year after, and not prior
    10  to  three hundred thirty days before, the anniversary date of the taking
    11  or his or her initial photograph in order to provide the division within
    12  an updated photograph.
    13    16. Duty and obligation to register and provide verification absolute.
    14  In no event shall the failure of a  terrorist  to  receive  any  notice,
    15  registration  packet  or verification packet, or of the division to fail
    16  to provide such notice, registration packet or verification  packet,  or
    17  of  the  failure  of  the  division to provide such notice, registration
    18  packet or verification packet within the time required pursuant to  this
    19  section, relieve any such terrorist from any duty or obligation required
    20  by this article.
    21    17.  Violations.  In the event that a completed standardized registra-
    22  tion form or a completed standardized verification form is not  returned
    23  to  the  division by a registrant within the timelines required pursuant
    24  to subdivision fifteen of this section, the division  shall  immediately
    25  notify  the  division  of  state  police, the state division of homeland
    26  security and emergency services, and the  United  States  department  of
    27  homeland  security,  whereupon  the division of state police shall imme-
    28  diately cause such terrorist to be arrested and charged with  a  failure
    29  to  register  in  accordance  with this article, and pursuant to section
    30  490.23 of the penal law.
    31    18. Late filings. The division  may  by  regulation  identify  certain
    32  circumstances when the commissioner may authorize the late submission of
    33  a  standardized  registration form, a standardized verification form, or
    34  the late collection of fingerprints, DNA sample, initial  photograph  or
    35  updated  photograph,  but  in  no  event shall a late submission or late
    36  collection be authorized more than ninety days after the registrant,  if
    37  of  legal capacity, received actual notice, of their duty and obligation
    38  to submit or have collected such standardized registration form,  stand-
    39  ardized  verification form, fingerprints, DNA sample, initial photograph
    40  or updated photograph.
    41    19. Regulations. The division shall promulgate rules  and  regulations
    42  to implement the provisions of this section.
    43    §  169-f.  Examination  of  potential registrants. 1. Generally.   The
    44  division shall make regular examinations to determine whether terrorists
    45  shall be added to the registry, and upon any such examination and deter-
    46  mination that a terrorist shall be added to the registry, in  accordance
    47  with the provisions of this section, the division shall add such terror-
    48  ist to the registry, and shall notify such terrorist pursuant to section
    49  one hundred sixty-nine-e of this article.
    50    2. Release notification. In the case of any terrorist, it shall be the
    51  duty  of the confinement entity in whose custody such terrorist is held,
    52  at least sixty calendar days prior to the release of such terrorist from
    53  such custody, to notify the division, in a form and manner  provided  by
    54  the  division,  of the contemplated release or discharge of such terror-
    55  ist. The notification provided shall include the address at  which  such
    56  terrorist proposes to reside. If such terrorist changes his or her place

        A. 6129--C                         13
 
     1  of  residence  while on parole, such notification of the change of resi-
     2  dence shall be sent by the terrorist's parole officer within forty-eight
     3  hours to the division, on a form and in a manner provided by  the  divi-
     4  sion.  In  the event that the confinement entity is unable to notify the
     5  division of the contemplated release or discharge of such  terrorist  at
     6  least  sixty  days  prior  to  such release, the confinement entity must
     7  provide an emergency notification to the division, in a form and  manner
     8  provided by the division.
     9    3.  Probation notification. In the case of any terrorist on probation,
    10  it shall be the duty of the terrorist's probation officer to notify  the
    11  division,  within  forty-eight hours, of any initial or changed place of
    12  residence of such terrorist, in the form  and  manner  provided  by  the
    13  division.
    14    4.  Escape  notification. In the event that any terrorist escapes from
    15  the custody of any confinement entity, the designated  official  of  the
    16  confinement entity, shall immediately notify, by telephone and/or email,
    17  the  division  of such escape. Within twenty-four hours, the confinement
    18  entity shall further provide the division and the law enforcement agency
    19  having jurisdiction at, and  immediately  prior  to,  the  time  of  the
    20  terrorist's confinement, with:
    21    (a) The name and aliases of the terrorist;
    22    (b)  The  address at which the terrorist resided at the time of his or
    23  her confinement;
    24    (c) The amount of time remaining on the terrorist's confinement to  be
    25  served, if any;
    26    (d) The nature of the offense for which the terrorist was confined;
    27    (e) A recent photograph of the terrorist; and
    28    (f) The fingerprints of the terrorist.
    29    5.  Purpose.  It  shall  be the purpose of the division's examinations
    30  under this section to determine what terrorists are or will be residing,
    31  working, or attending educational institutions, in New York  state,  and
    32  whether,  pursuant  to  the  provisions of this article, such terrorists
    33  should be added to the New York state terrorist registry.
    34    6. Communication with other entities. (a) In conducting  its  examina-
    35  tions,  pursuant  to  this  section, to determine what terrorists are or
    36  will be residing, working, or attending educational institutions in  New
    37  York  state,  the  division  shall  communicate with the following state
    38  entities:
    39    (i) The department;
    40    (ii) The division of parole;
    41    (iii) The office of probation and correctional alternatives;
    42    (iv) The department of health;
    43    (v) The department of education;
    44    (vi) The office of court administration, and any court of the  unified
    45  court system;
    46    (vii) The division of state police;
    47    (viii)  The  division  of  homeland  security  and emergency services;
    48  and/or
    49    (ix) Any other state or local entity the division deems appropriate.
    50    (b) In further conducting its examinations, pursuant to this  section,
    51  to  determine  what  terrorists  are  or  will  be residing, working, or
    52  attending educational institutions, in  New  York  state,  the  division
    53  shall  also communicate with the following federal, interstate or inter-
    54  national entities:
    55    (i) The federal bureau of prisons;

        A. 6129--C                         14
 
     1    (ii) The United State department of defense, and  its  armed  services
     2  branches;
     3    (iii) The United State department of state;
     4    (iv) The United States department of justice;
     5    (v) The United States department of homeland security;
     6    (vi) The central intelligence agency;
     7    (vii) The office of the director of national intelligence;
     8    (viii) The International Criminal Police Organization (INTERPOL); and
     9    (ix)  Any other federal, interstate, or international entity the divi-
    10  sion deems appropriate.
    11    7. Grounds to add a terrorist to the  registry.  Upon  examination  in
    12  accordance  with  this  section,  the division shall add a terrorist, as
    13  defined by subdivision one of section one hundred sixty-nine-b  of  this
    14  article,  to  the  New  York  state terrorist registry, and provide such
    15  terrorist with notification that they have been so added to the registry
    16  in accordance with section one hundred sixty-nine-e of this article,  if
    17  the division determines that such terrorist is:
    18    (a)  Not  presently subject to confinement but is currently, has been,
    19  or will be within the next ninety days, living, working or attending  an
    20  educational institution within New York state, or
    21    (b) Is presently in the custody of a confinement entity, or is subject
    22  to  community  supervision  or  probation, and is scheduled for a condi-
    23  tional release or any other discharge in New York state, or
    24    (c) Is presently in the custody of a confinement entity, or is subject
    25  to community supervision or probation, and is  scheduled  for  a  condi-
    26  tional release or any other discharge outside of New York state and such
    27  terrorist  has  evidenced  any  intention  to  reside, work or attend an
    28  educational institution in New York state.
    29    8. Court application to add a person to the registry. Upon examination
    30  in accordance with this section, and upon  a  finding  that  the  person
    31  examined may not have committed a terrorist offense as defined in subdi-
    32  vision  two  of  section  one hundred sixty-nine-b of this article, or a
    33  verifiable act of terrorism, as defined in subdivision three of  section
    34  one hundred sixty-nine-b of this article, but in the joint determination
    35  of  the  division  and  the  division of homeland security and emergency
    36  services, that such person nonetheless  still  presents  a  serious  and
    37  immediate  risk of performing, promoting, supporting and/or facilitating
    38  a terrorist act against the people and/or property of the state  of  New
    39  York,  then  the division may make an application to a supreme court, in
    40  accordance with section one hundred sixty-nine-i of this article, to add
    41  such person to the New York state terrorist registry, and if such  court
    42  issues the certification, then the division shall add such person to the
    43  registry,  and  provide such person with notification in accordance with
    44  section one hundred sixty-nine-e of this article.
    45    9.  Addition to the registry by court order.  Where  a  court  of  the
    46  unified court system in New York, issues a certification to add a person
    47  to the New York state terrorist registry, in accordance with section one
    48  hundred  sixty-nine-i  of this article, then the division shall add such
    49  person to the registry, and provide such  person  with  notification  in
    50  accordance with section one hundred sixty-nine-e of this article.
    51    10.  Removal from the registry by court order. Where the supreme court
    52  in the county where a registrant resides, or the supreme court of Albany
    53  county where a person does not reside in New York state, issues a  deci-
    54  sion  and/or  order to remove a person from the New York state terrorist
    55  registry, in accordance with section one hundred  sixty-nine-i  of  this
    56  article,  then  the division shall remove such person from the registry,

        A. 6129--C                         15
 
     1  and provide such person with notification  of  their  removal  from  the
     2  registry,  but  the  division may appeal such decision and/or order, and
     3  such removal shall not be performed by  the  division  until  the  final
     4  appeal is decided in favor of the person seeking removal from the regis-
     5  try.
     6    §  169-g. Initial assembly of the registry. The division, within sixty
     7  days of the effective date of this article, shall commence  examinations
     8  and  make  determinations, in accordance with section one hundred sixty-
     9  nine-f of this article, to determine what terrorists shall be  initially
    10  added  to  the  registry, and upon such examinations and determinations,
    11  shall add such terrorists to the registry, and shall  thereafter  notify
    12  such  terrorists  that  they have been added to the registry pursuant to
    13  section one hundred sixty-nine-e of this article.
    14    § 169-h. Registration and verification of terrorists.  1.    Duty  and
    15  obligation  to  register  and  verify.  Any person added to the New York
    16  state terrorist registry by the division, in accordance with section one
    17  hundred sixty-nine-f of this article, shall be required,  and  have  the
    18  duty  and  obligation  to  register  and  verify,  and  shall further be
    19  required and have the duty and obligation to provide the required regis-
    20  tration and quarterly verification information, in accordance with  this
    21  article.
    22    2.  Specific  duties and obligations.   Any terrorist added to the New
    23  York state terrorist registry by the division  shall  be  required,  and
    24  shall have the duty and obligation to:
    25    (a) Register under this article;
    26    (b) Provide the division with a completed, signed, standardized regis-
    27  tration  form,  containing  all the required registration information in
    28  accordance with section one hundred sixty-nine-d of this article, within
    29  the times, and pursuant to the means of delivery, required by this arti-
    30  cle;
    31    (c) Unless such terrorist has previously had their initial  photograph
    32  previously  taken,  in  accordance  with  subdivisions three and five of
    33  section one hundred sixty-nine-j of this article, or in accordance  with
    34  subdivisions  three and five of section one hundred sixty-nine-k of this
    35  article, appear to, and be photographed by, the specified  law  enforce-
    36  ment agency having jurisdiction, within the times, and at the locations,
    37  required pursuant to this article;
    38    (d)  Unless  such  terrorist  has  previously  had  their fingerprints
    39  collected, in accordance with subdivisions three and five of section one
    40  hundred sixty-nine-j of this article, or in accordance with subdivisions
    41  three and five of section one  hundred  sixty-nine-k  of  this  article,
    42  appear to, and be fingerprinted by, the specified law enforcement agency
    43  having  jurisdiction,  within  the times, and at the locations, required
    44  pursuant to this article;
    45    (e)  Unless  such  terrorist  has  previously  had  their  DNA  sample
    46  collected, in accordance with subdivisions three and five of section one
    47  hundred sixty-nine-j of this article, or in accordance with subdivisions
    48  three  and  five  of  section  one hundred sixty-nine-k of this article,
    49  appear to, and submit to  a  DNA  sample  taken  by  the  specified  law
    50  enforcement  agency  having  jurisdiction,  within the times, and at the
    51  locations, required pursuant to this article; and
    52    (f) Provide the division  with  any  other  and  further  registration
    53  information required by this article.
    54    3.  Continuing duties and obligations.  Any terrorist added to the New
    55  York state terrorist registry by the division shall further be required,
    56  and shall have the continuing duty to:

        A. 6129--C                         16
 
     1    (a) Verify under this article;
     2    (b)  Provide the division with a completed, signed, standard verifica-
     3  tion form, containing  all  the  required  verification  information  in
     4  accordance with section one hundred sixty-nine-d of this article, within
     5  the times, and pursuant to the means of delivery, required by this arti-
     6  cle;
     7    (c)  Appear  to,  and  be  annually photographed by, the specified law
     8  enforcement agency having jurisdiction, within the  times,  and  at  the
     9  locations, required pursuant to this article; and
    10    (d)  Provide  the  division  with  any  other and further verification
    11  information required by this article.
    12    4. Discontinued duties and obligations.  The duty to  register  and/or
    13  verify  under  the provisions of this article shall not be applicable to
    14  any person whose conviction was reversed upon appeal or who was pardoned
    15  by the governor or the president for the offense which  was  the  reason
    16  the division added such person to the New York state terrorist registry.
    17    5.  Change  of  address.  Any  terrorist  added  to the New York state
    18  terrorist registry shall, in addition to any other information  required
    19  by  this  article,  register his or her current residential address, and
    20  the address of his or her place of employment or educational institution
    21  attended, with the division, and shall notify the division of any change
    22  of residence, employment or educational institution address  in  accord-
    23  ance with the provisions of this article.
    24    §  169-i. Duties of the court. 1. Certification of terrorist. (a) Upon
    25  conviction of any of the offenses set  forth  in  article  four  hundred
    26  ninety  of  the  penal law, the court shall certify that the person is a
    27  terrorist, and shall include the certification in the order  of  commit-
    28  ment,  if any, and judgment of conviction, and shall additionally direct
    29  the division to add such person, so convicted, to  the  New  York  state
    30  terrorist registry.
    31    (b)  If  the  person  certified as the registrant is present in court,
    32  then the court shall advise such person of his or her duties  and  obli-
    33  gations  under this article, but in the event of his or her absence from
    34  court, the court shall direct the division  to  mail  such  terrorist  a
    35  registration  packet  in  accordance  with the provisions of section one
    36  hundred sixty-nine-e of this article.
    37    (c) Any failure of the court to include the certification in the order
    38  of commitment or the judgment of conviction shall not relieve a  terror-
    39  ist  of the duties and obligations imposed by this article, nor prohibit
    40  the division from adding such person to the  New  York  state  terrorist
    41  registry in accordance with the provisions of this article.
    42    (d)  Any person who a court certifies as a registrant, who is released
    43  on probation or discharged upon payment of a fine, conditional discharge
    44  or unconditional discharge, shall, prior to such release  or  discharge,
    45  be  informed  of  his  or her duty and obligation to register under this
    46  article by the court in which he or she was convicted, and at  the  time
    47  sentence  is imposed, such terrorist shall register with the division on
    48  the standardized registration form prepared by the division  in  accord-
    49  ance with this article as follows:
    50    (i)  The  court  shall  require the terrorist to read and complete the
    51  standardized registration form, sign the same in  the  presence  of  the
    52  court, and submit such completed document back to the court;
    53    (ii)  Upon completion of the standardized registration form, the court
    54  shall give one copy of such form to the terrorist, and shall direct  the
    55  immediate transmission of the original completed and signed standardized
    56  registration  form  to  the  division, which shall, upon receipt of such

        A. 6129--C                         17
 
     1  form, add such person  to  the  registry  and  forward  the  information
     2  collected  to  the  law  enforcement  agencies  having  jurisdiction, in
     3  accordance with this article;
     4    (iii)  The  court  shall further notify the terrorist that within five
     5  calendar days, such terrorist shall appear before  the  law  enforcement
     6  agency  having jurisdiction, or the office of probation and correctional
     7  alternatives, to provide fingerprints, an initial photograph and  a  DNA
     8  sample; and
     9    (iv)  From  the  completed  standardized  registration form, the court
    10  shall place upon the record the fact that the terrorist shall  be  added
    11  to  the  New  York  state  terrorist registry, and the address where the
    12  terrorist will be deemed to reside upon his or her release.
    13    (e) Any person who a court certifies as a registrant, who is not pres-
    14  ent in the court at the time of the issuance of order providing for such
    15  certification, shall be added by the division  to  the  New  York  state
    16  terrorist  registry,  and  shall register with the division, and provide
    17  all required information, together with the DNA sample, fingerprints and
    18  initial photograph, in accordance with the provisions and  timelines  of
    19  section one hundred sixty-nine-e of this article.
    20    2.  Application  to add a person to the registry. (a) Court Order.  In
    21  accordance with subdivision eight of section one hundred sixty-nine-f of
    22  this article, the division, after examination, may petition the  supreme
    23  court,  on  notice to the person who is the subject of the investigation
    24  by mailing a copy of the petition to the  last  known  address  of  such
    25  person, for a certification that such person that is the subject of such
    26  examination  in the joint determination of the division and the division
    27  of homeland security and emergency  services,  presents  a  serious  and
    28  immediate  risk of performing, promoting, supporting and/or facilitating
    29  a terrorist act against the people and/or property of the state  of  New
    30  York,  and  that  a certification should be issued to add such person to
    31  the New York state terrorist registry. If the court issues  the  certif-
    32  ication  requested  under  this subdivision, then the division shall add
    33  such person to the New York state terrorist registry, and  provide  such
    34  person  with  notification in accordance with section one hundred sixty-
    35  nine-e of this article.
    36    (b) Appeals. The division may appeal any decision and/or  order  where
    37  the court denies a certification sought under this subdivision and fails
    38  to  direct  the  division  to  add  the person who is the subject of the
    39  application to the New York state terrorist registry. An appeal of  such
    40  denial  shall go, as of right, to the court of appeals, which shall hear
    41  such appeal within ninety days of the issuance of the  decision  or  the
    42  entry  of  the order denying the certification sought by the division in
    43  accordance with this subdivision, whichever is earlier. Any person  whom
    44  the  court  directs shall have their name added to the registry may also
    45  appeal such decision and/or order. An appeal  of  such  decision  and/or
    46  order  adding such person to the registry by the person whose name would
    47  be so added shall go, as of right, to  the  appellate  division  in  the
    48  department  in  which such person so resides, or if such person does not
    49  reside in New York state, to the appellate division of the third depart-
    50  ment, which such appellate division shall hear such appeal within ninety
    51  days of the issuance of the decision or the entry of the  order  issuing
    52  the  certification  sought in accordance with this section, whichever is
    53  earlier.
    54    3. Application to remove a person from the registry. Any person  added
    55  by  the  division  to  the New York state terrorist registry may seek an
    56  order of  the supreme court in the county where such registrant resides,

        A. 6129--C                         18
 
     1  or the supreme court of the county of Albany if such registrant does not
     2  reside in the state of New York, to  have  their  name  and  information
     3  removed from the registry as follows:
     4    (a)  Grounds  for order of removal. That in order to issue an order to
     5  remove the registrant and their information  from  the  New  York  state
     6  terrorist registry, the court must find considerable grounds that:
     7    (i)  the  nature  and circumstances of the offense or incident causing
     8  the person to be defined as a terrorist does not merit the person's name
     9  and information being added to the registry;
    10    (ii) the history and character of  such  person  does  not  merit  the
    11  person's name and information being added to the registry;
    12    (iii) the division, in adding such person's name to the registry acted
    13  in  an  arbitrary  and  capricious  manner,  failed  to  comply with the
    14  provisions of this article and/or the past actions and current  behavior
    15  of the registrant does not merit his or her registration for any reason;
    16  and
    17    (iv) the court is of the opinion that such registration would be undu-
    18  ly harsh and inappropriate.
    19    (b)  Removal of person from the registry. That where the supreme court
    20  finds the considerable grounds required in paragraph (a) of this  subdi-
    21  vision,  and  issues an order to remove a person from the New York state
    22  terrorist registry, the division shall, in accordance  with  this  para-
    23  graph and paragraph (c) of this subdivision, remove such person from the
    24  registry,  and  provide  such  person with notification of their removal
    25  from the registry.
    26    (c) Appeals. The division may appeal any decision and/or  order  where
    27  the  court  directs  the  division  to remove a person from the New York
    28  state terrorist registry. An appeal of such decision and/or order  shall
    29  go,  as  of  right, to the court of appeals which shall hear such appeal
    30  within ninety days of the issuance of the decision or the entry  of  the
    31  order  directing  the  division to remove such person from the registry,
    32  whichever is earlier.  Where the division appeals an order to  remove  a
    33  person  from  the  New York state terrorist registry, such removal shall
    34  not be performed by the division until the final appeal  is  decided  in
    35  favor  of  the person seeking such removal. Any person to whom the court
    36  denies a petition to have their name removed from  the  New  York  state
    37  terrorist registry may also appeal such decision and/or order. An appeal
    38  of such decision and/or order denying the petition to remove such person
    39  from the registry by the person seeking to have their name removed shall
    40  go,  as  of  right, to the appellate division in the department in which
    41  such person so resides, or if such person does not reside  in  New  York
    42  state,  to  the  appellate  division of the third department, which such
    43  appellate division shall hear such appeal  within  ninety  days  of  the
    44  issuance  of  the  decision  or  entry of the order denying the petition
    45  sought in accordance with this section, whichever is earlier.
    46    § 169-j. Responsibilities of a confinement entity prior  to  discharge
    47  of  a terrorist.   1. Notification of the division. For every terrorist,
    48  as defined in subdivision one of section  one  hundred  sixty-nine-b  of
    49  this  article, within its custody, the confinement entity, as defined in
    50  subdivision eighteen of section one hundred sixty-nine-b of  this  arti-
    51  cle, shall notify the division, in a form and manner provided for by the
    52  division,  of  certain information on such terrorist, including, but not
    53  limited to, the terrorist's name, the address of the terrorist prior  to
    54  confinement,  the  expected  length of confinement of the terrorist, and
    55  the date of expected release of the terrorist from  the  facility  main-
    56  tained  by  the  confinement  entity.  The notification required by this

        A. 6129--C                         19

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

        A. 6129--C                         20
 
     1  hundred dollar fee required pursuant to section one hundred sixty-nine-p
     2  of this article, or the duty to appear before such law enforcement agen-
     3  cy having jurisdiction for the purpose of providing a change of  address
     4  form,  or  the  duty  to appear or re-appear before such law enforcement
     5  agency having jurisdiction for the purpose of providing an annual update
     6  to the terrorist's initial photograph.
     7    6. Recording of address.  Upon  the  completion  of  the  standardized
     8  registration  form  by the terrorist, the confinement entity shall imme-
     9  diately record from such standardized  registration  form,  the  address
    10  where the terrorist expects to reside upon his or her discharge, parole,
    11  release to post-release supervision or any other release, and shall keep
    12  and maintain a record of such address.
    13    7.  Transmission  of  the  standardized  registration  form.  Upon the
    14  completion of the standardized registration form  by  the  terrorist  in
    15  accordance with subdivision three of this section, the confinement enti-
    16  ty shall immediately give one copy of the completed and signed standard-
    17  ized  registration  form  to  the  terrorist,  maintain one copy of such
    18  completed and signed form for the confinement entity's own records,  and
    19  shall  further  immediately  transmit  to the division, by the means and
    20  manner provided by the  division,  the  original  completed  and  signed
    21  standardized registration form.
    22    8.  Transmission of the registration materials. Upon the collection of
    23  the initial photograph, the complete set of fingerprints,  and  the  DNA
    24  sample  from  the terrorist in accordance with subdivision three of this
    25  section, the confinement entity shall immediately transmit to the  divi-
    26  sion  the  initial photograph, the complete set of fingerprints, and the
    27  DNA sample, by the means and manner provided by the division.
    28    9. Conviction data and personal information. At  any  time  after  the
    29  effective  date  of  this  article,  the  division  may request, and the
    30  confinement entity shall then immediately provide and  transmit  to  the
    31  division,  any  and  all the conviction data and personal information of
    32  any terrorist, as defined in subdivision  one  of  section  one  hundred
    33  sixty-nine-b  of  this  article,  within  the custody of the confinement
    34  entity.
    35    10. Sharing of conviction data and personal information. Upon  receipt
    36  of  the  conviction  data  and  personal information of the terrorist in
    37  accordance with subdivision nine of this  section,  the  division  shall
    38  immediately  transmit  such  conviction data and personal information to
    39  the division of homeland security and emergency  services,  the  federal
    40  bureau  of  investigation,  and the United States department of homeland
    41  security.
    42    § 169-k. Responsibilities during community supervision  or  probation.
    43  1.  Notification  of  the  division.  For every terrorist, as defined in
    44  subdivision one of section one hundred sixty-nine-b of this article,  on
    45  community   supervision  or  probation,  the  department  or  office  of
    46  probation and correctional alternatives shall notify the division, in  a
    47  form  and manner provided for by the division, of certain information on
    48  such terrorist, including, but not limited to, the terrorist's name, the
    49  address  of  the  terrorist  prior  to  the  community  supervision   or
    50  probation,  the current address of the terrorist, the expected length of
    51  community supervision or probation of the terrorist,  and  the  date  of
    52  expected  release  of  the  terrorist  from the community supervision or
    53  probation.  The notification required by  this  subdivision  shall  take
    54  place  within  thirty  days of the effective date of this article, or if
    55  the terrorist commences community supervision  or  probation  after  the
    56  effective date of this article, then such notice shall take place within

        A. 6129--C                         21
 
     1  thirty  days  of  the  commencement of the date of such community super-
     2  vision or probation.
     3    2.  Notification of duty and obligation to register. For every terror-
     4  ist, as defined in subdivision one of section one  hundred  sixty-nine-b
     5  of  this  article, on community supervision or probation, the department
     6  or office of probation and correctional alternatives shall  inform  such
     7  terrorist  of  their duty and obligation to register under this article.
     8  Such notification shall be in a form and manner provided  by  the  divi-
     9  sion.  The  failure  of  the division, or of the department or office of
    10  probation and correctional alternatives, to provide, or the  failure  of
    11  the  terrorist  to receive, such notice, shall not relieve the terrorist
    12  of any duty and/or  obligation  under  this  article.  The  notification
    13  required  by  this  subdivision  shall  take  place not less than thirty
    14  calendar days after the effective date of this article, but in the event
    15  the department or office of probation and correctional  alternatives  is
    16  unable  to  notify  the  terrorist  as required by this subdivision, the
    17  department or office of probation and  correctional  alternatives  shall
    18  provide an emergency notification to the terrorist, in a form and manner
    19  provided by the division.
    20    3.  Registration  by the department or office of probation and correc-
    21  tional alternatives. Immediately after providing the terrorist with  the
    22  notification  required  pursuant to subdivision two of this section, the
    23  department or office of probation and  correctional  alternatives  shall
    24  present  every  terrorist,  as defined in subdivision one of section one
    25  hundred sixty-nine-b  of  this  article,  on  community  supervision  or
    26  probation,  who  has  not  previously registered with the New York state
    27  terrorist registry, with a registration packet, as defined  in  subdivi-
    28  sion  one  of  section  one  hundred  sixty-nine-e  of  this article, as
    29  provided by the division, and shall further arrange to have such  packet
    30  read and explained to the terrorist, and after such reading and explana-
    31  tion, shall additionally require the terrorist to:
    32    (a)  Complete  and  sign  the standardized registration form contained
    33  within such registration packet;
    34    (b) Present himself or herself for the taking of an initial  registra-
    35  tion photograph;
    36    (c)  Present  himself  or  herself for the taking of a complete set of
    37  fingerprints; and
    38    (d) Present himself or herself for the taking of a DNA sample.
    39    4. Failure of a terrorist to register. Neither the department nor  the
    40  office  of  probation  and  correctional  alternatives  shall release or
    41  discharge from probation or community supervision any terrorist required
    42  to register under this article who has not  previously  registered  with
    43  the  New  York  state  terrorist  registry,  without  first  obtaining a
    44  completed and signed standardized registration form, an  initial  photo-
    45  graph,  a  complete  set  of  fingerprints,  and a DNA sample, from such
    46  terrorist pursuant to subdivision three of this section.
    47    5. Satisfaction of duty to initially  appear  before  law  enforcement
    48  agency  having  jurisdiction.  The  collection  by the department or the
    49  office of probation and correctional alternatives, of the initial photo-
    50  graph, the complete set of fingerprints, and the DNA  sample,  from  the
    51  terrorist,  in  accordance with subdivision three of this section, shall
    52  relieve the terrorist from their duty to initially appear before the law
    53  enforcement agency  having  jurisdiction,  for  the  collection  of  the
    54  initial  photograph,  the  complete  set  of  fingerprints,  and the DNA
    55  sample, but shall not relieve such terrorist from  their  duty  to  pay,
    56  within  fifteen days of release from probation or community supervision,

        A. 6129--C                         22

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

        A. 6129--C                         23
 
     1  dence, employment or educational institution address in accordance  with
     2  the provisions of this article.
     3    2.  Notification of local law enforcement. Upon receipt of a change of
     4  address by a terrorist required  to  register  under  this  article,  in
     5  accordance  with  subdivision  one  of  this section, the division shall
     6  immediately notify the local law enforcement agency having  jurisdiction
     7  of  the  new  place of residence, place of employment or place of educa-
     8  tional institution attended, and the local law enforcement agency having
     9  jurisdiction where the terrorist last resided, worked or attended educa-
    10  tional instruction, of such change of address.
    11    3. Requirements of local law enforcement. Upon receipt of  the  change
    12  of  address  information  from the division, sent to the law enforcement
    13  agency having jurisdiction, in accordance with subdivision two  of  this
    14  section,  the  local  law  enforcement  agency having jurisdiction shall
    15  adhere to all the provisions and requirements set forth in this article.
    16    4. Notification of other jurisdictions. The  division  shall,  if  the
    17  terrorist changes his or her residence to another state or nation, noti-
    18  fy  the  appropriate agency within that state or nation of the new place
    19  of residence.
    20    § 169-n. Registry information sharing.  1. Sharing of information with
    21  New York and federal entities. The division, pursuant to  this  section,
    22  is authorized to share the New York state terrorist registry, and all of
    23  its information contained therein, with the division of homeland securi-
    24  ty and emergency services, the division of state police, the department,
    25  any  court of the unified court system, the New York city police depart-
    26  ment, the United States department  of  homeland  security,  the  United
    27  States department of justice, the United States department of state, the
    28  office  of  the  director  of  national  intelligence, the United States
    29  central intelligence agency, and any local, state, national and interna-
    30  tional law enforcement entity, and/or any other entity that the division
    31  deems appropriate to advance the  purposes  of  this  article.  For  the
    32  purposes  of  this section, the sharing of information shall include the
    33  provision of information from the New York state terrorist  registry  to
    34  the  entities  authorized under this section, as well as the receipt and
    35  incorporation of information into New York state terrorist registry from
    36  the entities authorized under this section.
    37    2. Sharing of information with other registry entities. The  division,
    38  pursuant  to  this  section, is further authorized to share the New York
    39  state terrorist registry, and all of its information contained  therein,
    40  with  any  other  state,  regional  or  national registry of terrorists,
    41  including but not limited to, the  terrorist  screening  database  main-
    42  tained  by  the  federal  bureau  of investigation's terrorist screening
    43  center, and/or any and all other databases maintained by the division of
    44  the state police, and/or any and all other databases maintained  by  any
    45  local,  state,  national  and  international  law  enforcement entities,
    46  and/or any other entity that maintains a criminal justice  or  terrorist
    47  database  that the division deems appropriate to advance the purposes of
    48  this article. For the purposes of this section, the sharing of  informa-
    49  tion  shall include the provision of information from the New York state
    50  terrorist registry to the entities authorized  under  this  section,  as
    51  well as the receipt and incorporation of information into New York state
    52  terrorist registry from the entities authorized under this section.
    53    3. Review of registry for secure information. The division of homeland
    54  security  and emergency services, pursuant to this section, in consulta-
    55  tion with the division of homeland security and emergency  services  and
    56  the  division of state police, shall review the information contained on

        A. 6129--C                         24
 
     1  the New York state terrorist registry, and shall determine  whether  the
     2  disclosure  of  any particular information contained on the registry may
     3  cause a security risk to the people or property  of  the  state  of  New
     4  York. Upon the review made in accordance with this subdivision, and upon
     5  a  determination  that  any  particular  information  needs to be deemed
     6  secure, the division shall remove such secure  information  from  public
     7  accessibility,  including  exempting  such information from the require-
     8  ments of the posting on the division's website, pursuant to section  one
     9  hundred  sixty-nine-r  of this article, or providing of such information
    10  through the special telephone number  in  accordance  with  section  one
    11  hundred  sixty-nine-q  of  this  article.  Any information deemed secure
    12  pursuant to this subdivision shall not be subject to the  provisions  of
    13  the New York state freedom of information law pursuant to article six of
    14  the public officers law.
    15    4. Secure information sharable. In no event shall a determination made
    16  by  the  division  of  homeland  security  and  emergency services, that
    17  particular information shall be deemed secure, pursuant  to  subdivision
    18  three  of  this  section,  prevent the division from sharing such secure
    19  information with any entity  identified  for  the  registry  information
    20  sharing  pursuant  to  this  section, but the division may place sharing
    21  restrictions on such secure information, as determined by  the  division
    22  of  homeland  security  and emergency services, when sharing such secure
    23  information with other authorized sharing entities, in  accordance  with
    24  subdivision one and two of this section, could result in the inappropri-
    25  ate disclosure of such secure information.
    26    § 169-o. DNA and fingerprint custody and analysis. 1. Secure custodial
    27  collection.  The  division,  pursuant to this section, shall provide for
    28  the secure custodial collection of the DNA sample and fingerprints taken
    29  from the terrorist by the law enforcement  agency  having  jurisdiction,
    30  the  confinement  entity,  or  the department or office of probation and
    31  correctional alternatives, in accordance with  the  provisions  of  this
    32  article. The division shall further develop by regulation, protocols for
    33  such  secure  custodial  collection  of  the DNA sample and fingerprints
    34  collected from the terrorist, and shall make  available  an  information
    35  packet  to  explain the secure protocols to all law enforcement agencies
    36  having jurisdiction, all confinement entities, the  department  and  the
    37  office of probation and correctional alternatives.
    38    2.  Secure  custodial  transfer of DNA. The division, pursuant to this
    39  section, shall provide for the secure  custodial  transfer  of  the  DNA
    40  sample collected from the terrorist by the law enforcement agency having
    41  jurisdiction,  the  confinement entity, the department, or the office of
    42  probation  and  correctional  alternatives,  in  accordance   with   the
    43  provisions of this article, to the laboratory maintained by the division
    44  of  state  police,  and/or  any  other  approved DNA analysis entity, as
    45  contracted with by the division, for the preservation, storage and anal-
    46  ysis of such DNA sample.
    47    3. Secure custodial transfer of fingerprints. The  division,  pursuant
    48  to  this section, shall provide for the secure custodial transfer of the
    49  fingerprints collected from the terrorist by the law enforcement  agency
    50  having  jurisdiction,  the  confinement  entity,  the department, or the
    51  office of probation and correctional alternatives,  in  accordance  with
    52  the  provisions  of  this  article,  to the laboratory maintained by the
    53  division of state police, and/or any other approved fingerprint analysis
    54  entity, as contracted with by the division, for the preservation,  stor-
    55  age and analysis of such fingerprints.

        A. 6129--C                         25
 
     1    4.  State DNA identification index. The division shall further provide
     2  for the subsequent secure custodial transfer of the DNA  sample,  and/or
     3  the analysis produced, to the state DNA identification index, maintained
     4  pursuant to section nine hundred ninety-five-c of the executive law.
     5    §  169-p.  Registry  and  verification fees. 1. Charging of fees.  The
     6  division, pursuant to this section, shall:
     7    (a) Charge a fee of one hundred dollars for the  initial  registration
     8  of the terrorist;
     9    (b)  Charge  a  fee of ten dollars each time a terrorist registers any
    10  change of address; and
    11    (c) Charge a fee of ten dollars  each  time  a  terrorist  appears  to
    12  permit the taking of an updated annual photograph.
    13    2. Payment of fees. All fees charged pursuant to this section shall be
    14  paid  to the division by the terrorist at the time and manner prescribed
    15  by the division.
    16    3. Waiver of fees. The division may provide, on a case by case  basis,
    17  for  a  waiver of any fee to be charged pursuant to this section, or may
    18  further authorize, on a case by case basis, for a delayed or installment
    19  payment of a fee to be charged pursuant to this section.
    20    4. Deposit authorization. The state comptroller is  hereby  authorized
    21  to  deposit any and all fees collected pursuant to this section into the
    22  general fund.
    23    § 169-q. Special telephone number. 1. Toll free number.  The  division
    24  shall  operate  a  telephone  number that members of the public may call
    25  free of charge to inquire whether a named individual required to  regis-
    26  ter  pursuant  to this article is listed on the New York state terrorist
    27  registry, and to obtain publicly  available  registry  information  with
    28  respect to such terrorist.
    29    2. Receipt of, and response to, calls to the special telephone number.
    30  Upon  the receipt of a call to the special telephone number provided for
    31  in this section, the division shall:
    32    (a) Ask the caller for a name of an individual  on  which  the  caller
    33  would like to obtain information.
    34    (b) Ascertain whether such named individual reasonably appears to be a
    35  person  listed on the registry, and in deciding whether such named indi-
    36  vidual reasonably appears to be a person listed  on  the  registry,  the
    37  division shall require the caller to provide information on any three of
    38  the following:
    39    (i)  an  exact  street address, including apartment number, if any, of
    40  the terrorist;
    41    (ii) the driver's license number or non-driver's  identification  card
    42  number of the terrorist;
    43    (iii) the date of birth of the terrorist;
    44    (iv)  the  social security number or taxpayer identification number of
    45  the terrorist;
    46    (v) the country of origin of the terrorist;
    47    (vi) the crime of terrorism or verifiable terrorist act  committed  by
    48  the terrorist;
    49    (vii) the hair color or eye color of the terrorist;
    50    (viii) the height, weight, or build of the terrorist;
    51    (ix)  any  distinctive  markings  or  the  ethnicity of the terrorist;
    52  and/or
    53    (x) the name and street address of the terrorist's employer.
    54    (c) Upon ascertaining that the named individual reasonably appears  to
    55  be  a  person listed on the New York state terrorist registry based upon
    56  the information provided from the caller in  accordance  with  paragraph

        A. 6129--C                         26
 
     1  (b)  of this subdivision, provide the caller with the following informa-
     2  tion:
     3    (i) the name of the terrorist;
     4    (ii) the age, physical description and any distinctive markings of the
     5  terrorist;
     6    (iii) the exact residential address of the terrorist;
     7    (iv)  if  the  terrorist is employed, the exact address of the terror-
     8  ist's place of employment;
     9    (v) if the terrorist is a student, the exact  address  of  the  educa-
    10  tional institution the terrorist is attending; and
    11    (vi)  background  information on the terrorist, including for each and
    12  every terrorist incident involving the terrorist, the terrorist's  crime
    13  of  conviction, verifiable act of terrorism, modus of operation, and any
    14  other information the division deems relevant to provide.
    15    (d) Play, before a live operator speaks with the  caller,  a  recorded
    16  preamble which shall provide the following notices:
    17    (i) that the caller's telephone number will be recorded;
    18    (ii) that there will be no charge to the caller for use of the special
    19  telephone number;
    20    (iii)  that  the  caller  shall  be required to provide their name and
    21  address to the operator and that such shall be maintained in  a  written
    22  record;
    23    (iv) that the caller is required to be not less than eighteen years of
    24  age;
    25    (v)  that  it is illegal to use information obtained through the tele-
    26  phone number to commit a crime against any person registered on the  New
    27  York state terrorist registry, or to engage in illegal discrimination or
    28  harassment against such person;
    29    (vi)  that  the caller is required to have the identifying information
    30  required to be provided in paragraph (b) of this  subdivision  regarding
    31  the  individual  about  whom information is sought in order to achieve a
    32  positive identification of that person;
    33    (vii) that the special telephone number is not  a  crime  hotline  and
    34  that  any suspected criminal or terrorist activity should be reported to
    35  the local, state or federal authorities; and
    36    (viii) that an information package, which will include  a  description
    37  of  the  law  pertaining  to  the  New York state terrorist registry, is
    38  available online on the division's official website, and in writing,  by
    39  mail, upon request from the division.
    40    3.  Misuse  of the special telephone number. Whenever there is reason-
    41  able cause to believe that any person or group of persons is engaged  in
    42  a  pattern  or  practice  of misuse of the special telephone number, the
    43  attorney general, any district attorney or any person aggrieved  by  the
    44  misuse of the number is authorized to bring a civil action in the appro-
    45  priate  court requesting preventive relief, including an application for
    46  a permanent or temporary injunction, restraining order  or  other  order
    47  against  the  person  or group of persons responsible for the pattern or
    48  practice of misuse, and the foregoing remedies shall be  independent  of
    49  any  other  remedies or procedures that may be available to an aggrieved
    50  party under other provisions of law, and such person or group of persons
    51  shall be subject to a fine of not less than five hundred dollars and not
    52  more than one thousand dollars.
    53    4. Report of call activity.   The division shall,  on  or  before  the
    54  first  of  September  in each year, file a report with the governor, the
    55  temporary president of the senate, the speaker of  the  state  assembly,
    56  the chair of the senate standing committee on veterans, homeland securi-

        A. 6129--C                         27

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

        A. 6129--C                         28
 
     1  geographic area specified by such person, but unless the applicant is an
     2  employee  or  entity  of a state, local or federal government, acting in
     3  their official capacity, such e-mail notifications shall be  limited  to
     4  three geographic areas per e-mail account.
     5    3.  No  charge  for  the  use of the directory. The division shall not
     6  charge for access to the internet  directory  nor  for  the  receipt  of
     7  e-mail notifications.
     8    4.  Misuse  of  the  internet  directory. Whenever there is reasonable
     9  cause to believe that any person or group of persons  is  engaged  in  a
    10  pattern  or  practice  of misuse of the internet directory, the attorney
    11  general, any district attorney or any person aggrieved by the misuse  of
    12  the  directory  is authorized to bring a civil action in the appropriate
    13  court requesting preventive  relief,  including  an  application  for  a
    14  permanent  or  temporary  injunction,  restraining  order or other order
    15  against the person or group of persons responsible for  the  pattern  or
    16  practice  of  misuse, and the foregoing remedies shall be independent of
    17  any other remedies or procedures that may be available to  an  aggrieved
    18  party under other provisions of law, and such person or group of persons
    19  shall be subject to a fine of not less than five hundred dollars and not
    20  more than one thousand dollars.
    21    5.  Secure  information.  The internet directory shall not provide any
    22  user with any information from the New  York  state  terrorist  registry
    23  that  the  division  has  deemed  secure, in accordance with subdivision
    24  three of section one hundred sixty-nine-n of this article.
    25    6. Advertisement of internet directory. The division shall provide for
    26  the advertisement of the internet directory established pursuant to this
    27  section, including but not  limited  to  the  listing  of  such  website
    28  address  on  its  recorded message for the special telephone number, and
    29  the posting of a link to such internet directory on the official website
    30  of the division of homeland security and emergency services.
    31    7. Regulations. The division shall promulgate rules and regulations to
    32  implement the provisions of this section.
    33    § 169-s. Immunity from liability. 1. No official, employee or  agency,
    34  whether  public  or  private,  shall be subject to any civil or criminal
    35  liability for damages for any discretionary decision to release relevant
    36  and necessary information pursuant to this article, unless it  is  shown
    37  that such official, employee or agency acted with gross negligence or in
    38  bad  faith.  The  immunity  provided  under  this section applies to the
    39  release of relevant information to other  state,  local  and/or  federal
    40  employees or officials, or to the general public.
    41    2.  Nothing  in  this  section  shall be deemed to impose any civil or
    42  criminal liability upon or to give rise to a cause of action against any
    43  official, employee or agency, whether public or private, for failing  to
    44  release  information  as  authorized  in this article unless it is shown
    45  that such official, employee or agency acted with gross negligence or in
    46  bad faith.
    47    § 169-t. Annual report. The division shall, on or before the first  of
    48  September  in  each year, file a report with the governor, the temporary
    49  president of the senate, the speaker of the state assembly, the chair of
    50  the senate standing committee on veterans, homeland security  and  mili-
    51  tary  affairs,  and  the  chair  of  the  assembly standing committee on
    52  governmental operations, detailing the New York state terrorist registry
    53  program established by this article, the division's experience  concern-
    54  ing compliance with provisions of this article, and the division's expe-
    55  rience  concerning  the effectiveness of this article, together with any

        A. 6129--C                         29
 
     1  recommendations the division may have to further enhance the  intent  of
     2  this article.
     3    §  169-u.  Penalty.  Any terrorist required to register, or to provide
     4  information or supplemental information, or  verification,  pursuant  to
     5  the  provisions  of this article, or who fails to register or to provide
     6  information, or supplemental information, or verification, in the manner
     7  and within the time periods provided for in this article, shall be guil-
     8  ty of a class A-I felony, pursuant to section 490.23 of the  penal  law.
     9  Any  such failure to register or to provide information, or supplemental
    10  information, or verification, pursuant to the provisions of  this  arti-
    11  cle,  may also be the basis for revocation of parole pursuant to section
    12  two hundred fifty-nine-i of the executive law, or the basis for  revoca-
    13  tion of probation pursuant to article four hundred ten of this chapter.
    14    § 169-v. Unauthorized release of information. The unauthorized release
    15  of  any  information  contained in the New York state terrorist registry
    16  shall be a class B misdemeanor.
    17    § 169-w. Expenses incurred by governmental entities. 1. Local  govern-
    18  ments.  Any local government, which has incurred any cost for compliance
    19  with the provisions of this article, may  make  an  application  to  the
    20  state  comptroller  for  reimbursement  of  such  cost.  Application for
    21  reimbursement for such cost incurred shall be in the form and manner  as
    22  required  by the state comptroller. The state comptroller shall pay such
    23  a local government, which has made an application for a cost, which  has
    24  been  verified  by  the state comptroller as having been incurred by the
    25  local government, from the terrorist registry funds management  account,
    26  established  pursuant  to section ninety-seven-aaaa of the state finance
    27  law, following appropriation by the legislature and  allocation  by  the
    28  director of the budget.
    29    2.  State  agency.  Any  state agency, which has incurred any cost for
    30  compliance with the provisions of this article, may make an  application
    31  to the state comptroller and the director of the budget, for an increase
    32  in  such  state  agency's  budget,  in  direct  relation to such cost so
    33  incurred. Application for an increase in such state agency's budget,  in
    34  direct  relation  to such cost incurred, shall be in the form and manner
    35  as required by the director of the budget and the state comptroller. The
    36  state comptroller shall verify whether the cost has been so incurred  by
    37  the state agency. Any increase in such state agency's budget, as author-
    38  ized  by  this  subdivision,  shall  be  in direct relation to such cost
    39  incurred by such state agency, and shall be charged from  the  terrorist
    40  registry funds management account, established pursuant to section nine-
    41  ty-seven-aaaa  of  the state finance law, following appropriation by the
    42  legislature and allocation by the director of the budget.
    43    3. Notification of the governor and the legislature.   Not later  than
    44  the  first  day  of March, the state comptroller and the director of the
    45  budget shall notify the governor, the temporary president of the senate,
    46  and the speaker of the assembly, of  the  fiscal  amounts  requested  in
    47  applications  for  reimbursement for costs incurred by local governments
    48  under this section, and the fiscal amounts of applications for increases
    49  in state agencies' budgets  under  this  section,  during  the  previous
    50  twelve  months, with such notification identifying the local governments
    51  and the state agencies that have made such applications.
    52    § 169-x. Separability. If any section of this article or part  thereof
    53  shall  be  adjudged  by a court of competent jurisdiction to be invalid,
    54  such judgment shall not affect, impair or invalidate  the  remainder  or
    55  any other section or part thereof.

        A. 6129--C                         30
 
     1    §  5.  The penal law is amended by adding a new section 490.23 to read
     2  as follows:
     3  § 490.23 Failure to register or verify with the New York state terrorist
     4             registry.
     5    A  person is guilty of failure to register or verify with the New York
     6  state terrorist registry when he or she is required to register or veri-
     7  fy with the division of criminal justice services  pursuant  to  article
     8  six-D  of the correction law, and fails to register as required pursuant
     9  to article six-D of the correction law, or  fails  to  provide  required
    10  information,  or  supplemental  information, or verification as required
    11  pursuant to article six-D of the correction law.
    12    Failure to register or verify with the New York state terrorist regis-
    13  try is a class A-I felony.
    14    § 6. The state finance law is amended by adding a new section  97-aaaa
    15  to read as follows:
    16    §  97-aaaa.  Terrorist registry funds management account.  1. There is
    17  hereby established in the joint custody of the state comptroller and the
    18  commissioner of the department of taxation and  finance  a  fund  to  be
    19  known as the "terrorist registry funds management account".
    20    2. The terrorist registry fund management account shall consist of:
    21    (a)  Monies  received  by  the  state pursuant to article six-D of the
    22  correction law;
    23    (b) Monies received by the state  and  directed  to  be  paid  to  the
    24  account upon order of any court of:
    25    (i) The unified court system of the state of New York;
    26    (ii) The federal court system of the United States; and/or
    27    (iii)  The government of the United States operating under the Uniform
    28  Code of Military Justice, and
    29    (c) All other monies, fees, fines, grants, bequests  or  other  monies
    30  credited,  appropriated  or  transferred  thereto from any other fund or
    31  source.
    32    3. Monies of the terrorist registry funds management account,  follow-
    33  ing  appropriation  by the legislature and allocation by the director of
    34  the budget, shall be made available  for  local  governments  and  state
    35  agencies  providing services pursuant to article six-D of the correction
    36  law.
    37    § 7. This act shall take effect on the first of November next succeed-
    38  ing the date on which it shall have become a law.
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