S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6129--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    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
       AN ACT to amend the executive law, the correction law and the penal 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    S  2. The executive law is amended by adding a new section 719 to read
    4  as follows:
    5    S 719. TERRORIST REGISTRY INFORMATION SHARING. 1.   UPON REQUEST,  THE
    6  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE ANY AND ALL INFORMA-
    7  TION  IT OBTAINS, ON ANY TERRORIST REQUIRED TO BE REGISTERED PURSUANT TO
    8  ARTICLE SIX-D OF THE CORRECTION LAW, TO THE DIVISION OF HOMELAND SECURI-
    9  TY AND EMERGENCY SERVICES, AND THE PROVISION OF SUCH  INFORMATION  SHALL
   10  BE IN THE FORM AND MANNER AS THE DIVISION OF HOMELAND SECURITY AND EMER-
   11  GENCY SERVICES MAY SO REQUEST.
   12    2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
   13  FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
   14  VISION ONE OF THIS SECTION, SO AS TO DELIVER ANY NEW, DIFFERENT OR ADDI-
   15  TIONAL INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION  OF  HOMELAND
   16  SECURITY AND EMERGENCY SERVICES.
   17    3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
   18  PROVIDE THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  WITH  ANY  AND  ALL
   19  INFORMATION  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REQUIRE, IN
   20  ORDER TO MAINTAIN AN ACCURATE AND COMPLETE  REGISTRATION  OF  TERRORISTS
   21  PURSUANT  TO  ARTICLE  SIX-D OF THE CORRECTION LAW, AND THE PROVISION OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09044-06-5
       A. 6129--A                          2
    1  SUCH INFORMATION SHALL BE IN THE FORM AND  MANNER  AS  THE  DIVISION  OF
    2  CRIMINAL JUSTICE SERVICES SHALL SO REQUEST.
    3    S  3. The executive law is amended by adding a new section 232 to read
    4  as follows:
    5    S 232.  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  STATE  POLICE,
    9  AND THE PROVISION OF SUCH INFORMATION SHALL BE IN THE FORM AND MANNER AS
   10  THE DIVISION OF STATE POLICE MAY SO REQUEST.
   11    2.  UPON  REQUEST,  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL
   12  FURTHER REGULARLY SUPPLEMENT THE INFORMATION PROVIDED PURSUANT TO SUBDI-
   13  VISION ONE OF THIS SECTION, SO AS TO  DELIVER  ANY  NEW,  DIFFERENT,  OR
   14  ADDITIONAL  INFORMATION NOT PREVIOUSLY PROVIDED TO THE DIVISION OF STATE
   15  POLICE.
   16    3. THE DIVISION OF STATE POLICE SHALL PROVIDE THE DIVISION OF CRIMINAL
   17  JUSTICE SERVICES WITH ANY AND ALL INFORMATION THE DIVISION  OF  CRIMINAL
   18  JUSTICE  SERVICES  SHALL  REQUIRE,  IN ORDER TO MAINTAIN AN ACCURATE AND
   19  COMPLETE REGISTRATION OF TERRORISTS PURSUANT TO  ARTICLE  SIX-D  OF  THE
   20  CORRECTION  LAW,  AND  THE PROVISION OF SUCH INFORMATION SHALL BE IN THE
   21  FORM AND MANNER AS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  SO
   22  REQUEST.
   23    S 4. The correction law is amended by adding a new article 6-D to read
   24  as follows:
   25                                 ARTICLE 6-D
   26                             TERRORIST REGISTRY
   27  SECTION 169-A. LEGISLATIVE FINDINGS.
   28          169-B. DEFINITIONS.
   29          169-C. DUTIES OF THE DIVISION.
   30          169-D. REGISTRATION INFORMATION.
   31          169-E. REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION AND
   32                VERIFICATION FORMS.
   33          169-F. INVESTIGATION OF POTENTIAL REGISTRANTS.
   34          169-G. INITIAL ASSEMBLY OF THE REGISTRY.
   35          169-H. REGISTRATION AND VERIFICATION OF TERRORISTS.
   36          169-I. DUTIES OF THE COURT.
   37          169-J. RESPONSIBILITIES  OF  A  CONFINEMENT  ENTITY   PRIOR   TO
   38                DISCHARGE OF A TERRORIST.
   39          169-K. RESPONSIBILITIES    DURING   COMMUNITY   SUPERVISION   OR
   40                   PROBATION.
   41          169-L. DURATION OF REGISTRATION AND VERIFICATION.
   42          169-M. NOTIFICATION OF CHANGE OF ADDRESS.
   43          169-N. REGISTRY INFORMATION SHARING.
   44          169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS.
   45          169-P. REGISTRY AND VERIFICATION FEES.
   46          169-Q. SPECIAL TELEPHONE NUMBER.
   47          169-R. INTERNET DIRECTORY.
   48          169-S. IMMUNITY FROM LIABILITY.
   49          169-T. ANNUAL REPORT.
   50          169-U. PENALTY.
   51          169-V. UNAUTHORIZED RELEASE OF INFORMATION.
   52          169-W. SEPARABILITY.
   53    S 169-A. LEGISLATIVE FINDINGS. THE LEGISLATURE  FINDS  AND  DETERMINES
   54  THAT TERRORISM IS A SERIOUS THREAT TO THE PUBLIC SAFETY OF THE PEOPLE OF
   55  THE STATE OF NEW YORK.
       A. 6129--A                          3
    1    THE  LEGISLATURE  ADDITIONALLY  FINDS  AND  DETERMINES, THAT IT IS THE
    2  FIRST RESPONSIBILITY  OF  ANY  GOVERNMENT  TO  PROVIDE  FOR  THE  PUBLIC
    3  PROTECTION  AND SAFETY OF ITS CITIZENS, AND THAT IN ORDER TO ASSURE SUCH
    4  PUBLIC PROTECTION AND SAFETY, NEW YORK MUST TAKE ACTIVE STEPS TO ADVANCE
    5  A  PROGRAM  OF  PREVENTION OF, RESPONSE TO, AND RECOVERY FROM, TERRORIST
    6  ATTACKS.
    7    THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO ADVANCE  A
    8  PROGRAM  TO PREVENT TERRORIST ATTACKS, WHILE STILL PRESERVING THE ESSEN-
    9  TIAL CIVIL LIBERTIES AND FREEDOMS THAT NEW YORK'S CITIZENS HOLD DEAR  AS
   10  AN  IRREPLACEABLE,  FOUNDATIONAL ELEMENT OF SOCIETY, THE STATE MUST TAKE
   11  RESPONSIBLE ACTION TO REGISTER THOSE INDIVIDUALS, WHO HAVE  DEMONSTRATED
   12  THROUGH THEIR PAST ACTIONS, THAT THEY WOULD COMMIT AN ACT OF TERRORISM.
   13    THE  LEGISLATURE FURTHER FINDS AND DETERMINES, THAT THE PURPOSE OF THE
   14  NEW YORK STATE TERRORIST REGISTRY ESTABLISHED BY  THIS  ARTICLE,  IS  TO
   15  MONITOR  THOSE  INDIVIDUALS,  WHO  HAVE  DEMONSTRATED THROUGH THEIR PAST
   16  ACTIONS, THAT THEY WOULD COMMIT AN ACT OF  TERRORISM,  SO  THAT  THROUGH
   17  SUCH  MONITORING, SUCH PERSONS WILL BE DISCOURAGED AND/OR PREVENTED FROM
   18  COMMITTING ANY NEW ACTS OF TERRORISM, AGAINST THE PEOPLE AND PROPERTY OF
   19  THE STATE OF NEW YORK.
   20    S 169-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
   21  NITIONS SHALL APPLY:
   22    1.  "TERRORIST"  MEANS  ANY  PERSON  WHO IS CONVICTED OF ANY TERRORIST
   23  OFFENSE SET FORTH IN SUBDIVISION TWO OF THIS  SECTION,  AND/OR  WHO  HAS
   24  ENGAGED IN ANY VERIFIABLE ACT OF TERRORISM PURSUANT TO SUBDIVISION THREE
   25  OF THIS SECTION.
   26    2. "TERRORIST OFFENSE" MEANS ANY OFFENSE:
   27    (A) SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   28    (B)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
   29  FOREIGN COUNTRY, WHICH INCLUDES ALL OF THE  ESSENTIAL  ELEMENTS  OF  ANY
   30  OFFENSE SET FORTH IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   31    (C)  SET  FORTH  IN SECTIONS 32, 37, 81, 175, 175B, 229, 351, 831, 844
   32  (F), 844 (I), 930 (C), 956, 1038, 1114, 1116, 1203,  1362,  1363,  1366,
   33  1751,  1992,  1993,  2155, 2280, 2281, 2332, 2332A, 2332B, 2332C, 2332D,
   34  2332E, 2332F, 2332G, 2332H, 2339, 2339A, 2339B, 2339C, AND/OR  2339D  OF
   35  TITLE 18 OF THE UNITED STATES CODE;
   36    (D) SET FORTH IN SECTION 2284 OF TITLE 42 OF THE UNITED STATES CODE;
   37    (E) SET FORTH IN SECTION 46504, 46505 (B) (3), 46506, AND/OR 60123 (B)
   38  OF TITLE 49 OF THE UNITED STATES CODE; AND/OR
   39    (F)  IN  ANY OTHER JURISDICTION, WHETHER WITHIN THE UNITED STATES OR A
   40  FOREIGN COUNTRY, OF ANY OFFENSE WHICH  INCLUDES  ALL  OF  THE  ESSENTIAL
   41  ELEMENTS  OF  ANY OFFENSE SET FORTH WITHIN PARAGRAPHS (C), (D) OR (E) OF
   42  THIS SUBDIVISION.
   43    3. "VERIFIABLE ACT OF TERRORISM" MEANS ANY ACT COMMITTED BY  A  PERSON
   44  OR PERSONS THAT HAS RESULTED IN SUCH PERSON OR PERSONS BEING:
   45    (A)  CONVICTED  BY A COMBAT STATUS REVIEW TRIBUNAL OR MILITARY COMMIS-
   46  SION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
   47  SUPPORT AND/OR PROMOTION OF TERRORISTS OF TERRORIST ACTIVITIES;
   48    (B)  CONVICTED  BY A MILITARY OR CIVILIAN COURT OF COMPETENT JURISDIC-
   49  TION OF ANY ACT OF TERRORISM, TERRORIST ACTIVITIES,  OR  THE  HARBORING,
   50  SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR  TERRORIST  ACTIVITIES IN
   51  VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE;
   52    (C) SUBJECT TO AN ORDER OF DETENTION BY THE ARMED FORCES OF THE UNITED
   53  STATES, ANY OTHER  GOVERNMENT  AGENCY  OF  THE  UNITED  STATES,  OR  ANY
   54  CONTRACTOR  OF THE GOVERNMENT OF THE UNITED STATES THAT IS AUTHORIZED BY
   55  THE GOVERNMENT OF THE UNITED STATES TO  MAKE  SUCH  DETENTIONS,  UPON  A
       A. 6129--A                          4
    1  DETERMINATION  THAT  SUCH PERSON WAS AT ANY TIME, A FOREIGN ENEMY COMBA-
    2  TANT OR AN ILLEGAL ENEMY COMBATANT;
    3    (D)  DEPORTED  OR  TRANSPORTED,  TO  A  COUNTRY, OTHER THAN THE UNITED
    4  STATES, BY THE GOVERNMENT OF THE UNITED STATES,  OR  ANY  DEPARTMENT  OR
    5  AGENCY  THEREOF, UPON A DETERMINATION OF INVOLVEMENT IN TERRORIST ACTIV-
    6  ITIES, OR THE HARBORING,  SUPPORT  AND/OR  PROMOTION  OF  TERRORISTS  OR
    7  TERRORIST ACTIVITIES; OR
    8    (E)  DESIGNATED  BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
    9  THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES  DEPARTMENT  OF
   10  JUSTICE,  THE  UNITED  STATES  DEPARTMENT OF DEFENSE OR ANY OF ITS ARMED
   11  SERVICES, THE UNITED STATES  CENTRAL  INTELLIGENCE  AGENCY,  AND/OR  THE
   12  OFFICE  OF  THE  DIRECTOR  OF NATIONAL INTELLIGENCE, AS A PERSON WHO HAS
   13  COMMITTED A TERRORIST ACT AGAINST THE UNITED STATES OR ANY OF ITS  CITI-
   14  ZENS,  AND/OR  WHO  IS  A  MEMBER OF A DESIGNATED TERRORIST ORGANIZATION
   15  PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
   16    4. "TERRORIST INCIDENT" MEANS ANY INCIDENT WHICH WAS THE  BASIS  OF  A
   17  CONVICTION  FOR  ANY TERRORIST OFFENSE, AS DEFINED BY SUBDIVISION TWO OF
   18  THIS SECTION, OR ANY INCIDENT WHICH WAS THE BASIS FOR A  VERIFIABLE  ACT
   19  OF TERRORISM, AS DEFINED BY SUBDIVISION THREE OF THIS SECTION.
   20    5. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS:
   21    (A)  THE CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN
   22  WHICH THE TERRORIST EXPECTS TO RESIDE, OR ACTUALLY RESIDES, UPON HIS  OR
   23  HER  DISCHARGE,  PROBATION, PAROLE, RELEASE TO POST-RELEASE SUPERVISION,
   24  OR UPON ANY OTHER FORM OF FEDERAL, STATE OR LOCAL  CONDITIONAL  RELEASE;
   25  OR
   26    (B)  IF  THE  TERRORIST DOES NOT RECEIVE DISCHARGE, PROBATION, PAROLE,
   27  RELEASE TO POST-RELEASE SUPERVISION, OR ANY OTHER FORM OF FEDERAL, STATE
   28  OR LOCAL CONDITIONAL RELEASE, THEN THE CHIEF LAW ENFORCEMENT OFFICER  IN
   29  THE VILLAGE, TOWN OR CITY IN WHICH THE TERRORIST ACTUALLY RESIDES; OR
   30    (C) IF THERE IS NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN
   31  OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY; OR
   32    (D)  IF  THERE  IS NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN,
   33  CITY OR COUNTY, THE DIVISION OF STATE POLICE.
   34    6. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
   35  DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   36    7.  "DEPARTMENT"  MEANS  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
   37  SUPERVISION, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO,  AND  SECTION
   38  FIVE, OF THIS CHAPTER.
   39    8.  "OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES" MEANS THE
   40  OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AS  DESCRIBED  IN
   41  SECTION TWO HUNDRED FORTY OF THE EXECUTIVE LAW.
   42    9.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
   43  SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
   44  SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
   45  THIS CHAPTER.
   46    10. "LOCAL CORRECTIONAL FACILITY" MEANS THE LOCAL CORRECTIONAL FACILI-
   47  TY AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
   48  CHAPTER.
   49    11. "PROBATION" MEANS A SENTENCE  OF  PROBATION  IMPOSED  PURSUANT  TO
   50  ARTICLE  SIXTY-FIVE  OF  THE  PENAL  LAW AND SHALL INCLUDE A SENTENCE OF
   51  IMPRISONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
   52    12. "INTERNET ACCESS PROVIDER" MEANS  ANY  BUSINESS,  ORGANIZATION  OR
   53  OTHER  ENTITY ENGAGED IN THE BUSINESS OF PROVIDING A COMPUTER AND COMMU-
   54  NICATIONS FACILITY THROUGH WHICH A CUSTOMER MAY  OBTAIN  ACCESS  TO  THE
   55  INTERNET.
       A. 6129--A                          5
    1    13.  "INTERNET  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
    2  OTHER ENTITY ENGAGED IN THE  BUSINESS  OF  PROVIDING  TELECOMMUNICATION,
    3  CABLE  AND/OR  BROADBAND SERVICES TO CONNECT TO, AND COMMUNICATE ON, THE
    4  INTERNET, OR ANY OTHER BROAD MULTI-USER COMPUTER SYSTEM.
    5    14.  "INTERNET  IDENTIFIERS"  MEANS  ANY ELECTRONIC MAIL ADDRESSES AND
    6  DESIGNATIONS USED FOR THE PURPOSES OF CHAT,  INSTANT  MESSAGING,  SOCIAL
    7  NETWORKING OR OTHER SIMILAR INTERNET COMMUNICATION.
    8    15.  "CELLULAR  SERVICE  PROVIDER" MEANS ANY BUSINESS, ORGANIZATION OR
    9  OTHER ENTITY ENGAGED IN THE BUSINESS OF PROVIDING CELLULAR TELEPHONE  OR
   10  DEVICE  SERVICE  THROUGH  WHICH  A  CUSTOMER MAY MAKE CELLULAR TELEPHONE
   11  CALLS OR OBTAIN ACCESS TO THE INTERNET, BUT DOES NOT INCLUDE A BUSINESS,
   12  ORGANIZATION OR OTHER ENTITY TO THE EXTENT THAT IT  PROVIDES  ONLY  LAND
   13  LINE OR CABLE TELECOMMUNICATIONS SERVICES.
   14    16. "REGISTRY" MEANS THE NEW YORK STATE TERRORIST REGISTRY ESTABLISHED
   15  AND  MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
   16  THIS ARTICLE.
   17    17. "REGISTRANT" MEANS A TERRORIST, THAT UPON INVESTIGATION,  PURSUANT
   18  TO  SECTION  ONE  HUNDRED SIXTY-NINE-F OF THIS ARTICLE, THE DIVISION HAS
   19  DETERMINED SHALL BE REQUIRED TO REGISTER WITH, AND BE ADDED TO, THE  NEW
   20  YORK STATE TERRORIST REGISTRY.
   21    18.  "CONFINEMENT  ENTITY"  MEANS THE DEPARTMENT, OR ANY OTHER OFFICE,
   22  AGENCY, GOVERNMENT, CORPORATION OR OTHER INSTITUTION WHICH MAINTAINS THE
   23  CORRECTIONAL FACILITY, HOSPITAL, LOCAL  CORRECTIONAL  FACILITY,  OR  ANY
   24  OTHER  SIMILAR TYPE OF SECURE FACILITY, AT WHICH A TERRORIST, AS DEFINED
   25  IN SUBDIVISION ONE OF THIS SECTION, IS CONFINED.
   26    S 169-C. DUTIES OF THE DIVISION.  1. TERRORIST REGISTRY. THE  DIVISION
   27  SHALL  ESTABLISH  AND  MAINTAIN  AN  INFORMATION  FILE ON ALL TERRORISTS
   28  REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS OF THIS  ARTICLE,  WHICH
   29  SHALL  INCLUDE  ALL  THE  INFORMATION  SET  FORTH IN SECTION ONE HUNDRED
   30  SIXTY-NINE-D OF THIS ARTICLE, AND WHICH SHALL BE KNOWN AS THE  NEW  YORK
   31  STATE TERRORIST REGISTRY.
   32    2.  REGISTRANT NOTIFICATION. THE DIVISION SHALL NOTIFY EVERY TERRORIST
   33  REQUIRED TO BE REGISTERED UNDER THIS ARTICLE, PURSUANT TO THE PROVISIONS
   34  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  BUT  IN  NO  EVENT
   35  SHALL  THE  FAILURE  OF A TERRORIST TO RECEIVE SUCH NOTICE, OR THE DIVI-
   36  SION'S FAILURE TO PROVIDE SUCH NOTICE, RELIEVE SUCH TERRORIST  FROM  ANY
   37  OBLIGATION REQUIRED BY THIS ARTICLE.
   38    3. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, PURSUANT TO SECTION
   39  ONE  HUNDRED  SIXTY-NINE-F OF THIS ARTICLE, SHALL CONDUCT INVESTIGATIONS
   40  TO DETERMINE WHAT TERRORISTS SHALL BE INITIALLY ADDED TO  THE  REGISTRY,
   41  AND  UPON  SUCH  INVESTIGATIONS  AND  DETERMINATIONS, IN ACCORDANCE WITH
   42  SECTION ONE HUNDRED SIXTY-NINE-G OF THIS ARTICLE, SHALL ADD SUCH TERROR-
   43  ISTS TO THE NEW YORK STATE TERRORIST REGISTRY.
   44    4. INVESTIGATIONS OF POTENTIAL REGISTRANTS. THE DIVISION,  IN  ACCORD-
   45  ANCE  WITH  SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE, SHALL MAKE
   46  REGULAR INVESTIGATIONS TO DETERMINE WHAT TERRORISTS SHALL  BE  ADDED  TO
   47  THE REGISTRY.
   48    5.  STANDARDIZED REGISTRATION INFORMATION FORM, PERSONALIZED REGISTRA-
   49  TION  INFORMATION  FORM AND STANDARDIZED REGISTRATION FORM. THE DIVISION
   50  SHALL DEVELOP A STANDARDIZED REGISTRATION INFORMATION FORM, A  PERSONAL-
   51  IZED REGISTRATION INFORMATION FORM AND A STANDARDIZED REGISTRATION FORM,
   52  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   53    6.  STANDARDIZED VERIFICATION INFORMATION FORM, PERSONALIZED VERIFICA-
   54  TION FORM AND STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL DEVELOP
   55  A STANDARDIZED VERIFICATION INFORMATION FORM, A  PERSONALIZED  VERIFICA-
       A. 6129--A                          6
    1  TION  FORM AND A STANDARDIZED VERIFICATION FORM, PURSUANT TO SECTION ONE
    2  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
    3    7. REGISTRATION AND VERIFICATION OF TERRORISTS. THE DIVISION, PURSUANT
    4  TO  SECTION  ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, SHALL PROVIDE FOR
    5  THE REGISTRATION AND VERIFICATION OF TERRORISTS ADDED TO  THE  NEW  YORK
    6  STATE TERRORIST REGISTRY.
    7    8.  NOTIFICATION  OF  CHANGE  OF  ADDRESS.  THE  DIVISION, PURSUANT TO
    8  SECTION ONE HUNDRED SIXTY-NINE-M OF THIS ARTICLE, SHALL PROVIDE FOR  THE
    9  NOTIFICATION  OF  LAW  ENFORCEMENT  AGENCIES HAVING JURISDICTION, WHEN A
   10  REGISTRANT NOTIFIES THE DIVISION OF A CHANGE OF ADDRESS.
   11    9. REGISTRY INFORMATION SHARING. THE DIVISION, PURSUANT TO SECTION ONE
   12  HUNDRED SIXTY-NINE-N OF THIS ARTICLE, IS AUTHORIZED  TO  SHARE  THE  NEW
   13  YORK  STATE TERRORIST REGISTRY, AND ALL THE INFORMATION CONTAINED THERE-
   14  IN, TO ADVANCE THE PURPOSES OF THIS ARTICLE.
   15    10. SECURE INFORMATION. THE DIVISION, PURSUANT TO SECTION ONE  HUNDRED
   16  SIXTY-NINE-N OF THIS ARTICLE, IN CONSULTATION WITH THE DIVISION OF HOME-
   17  LAND  SECURITY  AND EMERGENCY SERVICES AND THE DIVISION OF STATE POLICE,
   18  SHALL REVIEW THE INFORMATION CONTAINED ON THE REGISTRY, AND SHALL DETER-
   19  MINE WHETHER THE DISCLOSURE OF ANY PARTICULAR INFORMATION  CONTAINED  ON
   20  THE  REGISTRY MAY CAUSE A SECURITY RISK TO THE PEOPLE OR PROPERTY OF THE
   21  STATE OF NEW YORK, AND UPON  SUCH  DETERMINATION  THAT  SUCH  PARTICULAR
   22  INFORMATION  NEEDS  TO  BE DEEMED SECURE, THE DIVISION SHALL REMOVE SUCH
   23  SECURE INFORMATION FROM PUBLIC ACCESSIBILITY.
   24    11. DNA CUSTODY AND ANALYSIS. THE DIVISION, PURSUANT  TO  SECTION  ONE
   25  HUNDRED  SIXTY-NINE-O  OF  THIS  ARTICLE,  SHALL PROVIDE FOR THE SECURE,
   26  CUSTODIAL TRANSFER OF THE DNA SAMPLE COLLECTED FROM THE REGISTRANT,  FOR
   27  THE  PRESERVATION,  STORAGE  AND  ANALYSIS OF SUCH DNA SAMPLE, AND SHALL
   28  FURTHER PROVIDE FOR THE SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE  DNA
   29  SAMPLE,  AND/OR  THE ANALYSIS PRODUCED THEREFROM, TO THE STATE DNA IDEN-
   30  TIFICATION  INDEX,  MAINTAINED  PURSUANT   TO   SECTION   NINE   HUNDRED
   31  NINETY-FIVE-C OF THE EXECUTIVE LAW.
   32    12.  FINGERPRINT  CUSTODY  AND  ANALYSIS.  THE  DIVISION,  PURSUANT TO
   33  SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE, SHALL PROVIDE FOR  THE
   34  SECURE, CUSTODIAL TRANSFER OF THE FINGERPRINTS COLLECTED FROM THE REGIS-
   35  TRANT,  TO THE LABORATORY MAINTAINED BY THE DIVISION OF STATE POLICE, OR
   36  ANOTHER APPROVED FINGERPRINT ANALYSIS ENTITY AS CONTRACTED WITH  BY  THE
   37  DIVISION,  FOR  THE  PRESERVATION,  STORAGE AND ANALYSIS OF SUCH FINGER-
   38  PRINTS.
   39    13. REGISTRY AND VERIFICATION FEES. THE DIVISION, PURSUANT TO  SECTION
   40  ONE  HUNDRED SIXTY-NINE-P OF THIS ARTICLE, SHALL BE AUTHORIZED TO CHARGE
   41  REGISTRATION AND VERIFICATION FEES TO BE PAID TO  THE  DIVISION  BY  THE
   42  REGISTRANT,  AT THE TIME AND MANNER PRESCRIBED BY THE DIVISION, WITH THE
   43  STATE COMPTROLLER BEING AUTHORIZED TO DEPOSIT SUCH FEES INTO THE GENERAL
   44  FUND.
   45    14. SPECIAL TELEPHONE NUMBER. THE DIVISION SHALL ESTABLISH AND OPERATE
   46  A SPECIAL TELEPHONE NUMBER PURSUANT TO SECTION ONE HUNDRED  SIXTY-NINE-Q
   47  OF THIS ARTICLE.
   48    15.  INTERNET  DIRECTORY.  THE  DIVISION  SHALL  ESTABLISH AN INTERNET
   49  DIRECTORY PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE.
   50    S 169-D. REGISTRATION INFORMATION. THE DIVISION, PURSUANT TO  SUBDIVI-
   51  SION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-NINE-C OF THIS ARTICLE, SHALL
   52  ESTABLISH AND MAINTAIN AN INFORMATION FILE ON ALL TERRORISTS REQUIRED TO
   53  REGISTER PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-NINE-H
   54  OF  THIS  ARTICLE,  WHICH SHALL BE KNOWN AS THE NEW YORK STATE TERRORIST
   55  REGISTRY, AND WHICH SHALL INCLUDE THE FOLLOWING INFORMATION ON EACH SUCH
   56  REGISTRANT:
       A. 6129--A                          7
    1    1. PERSONAL INFORMATION, INCLUDING:
    2    (A) THE TERRORIST'S NAME;
    3    (B) ALL ALIASES CURRENTLY OR EVER USED BY THE TERRORIST;
    4    (C) THE DATE OF BIRTH OF THE TERRORIST;
    5    (D) THE SEX OF THE TERRORIST;
    6    (E) THE RACE OF THE TERRORIST;
    7    (F)  THE HEIGHT, WEIGHT, EYE COLOR, DISTINCTIVE MARKINGS, AND BUILD OF
    8  THE TERRORIST;
    9    (G) THE NATION OF ORIGIN AND COUNTRY OR COUNTRIES  OF  CITIZENSHIP  OF
   10  THE TERRORIST;
   11    (H)  THE  DRIVER'S  LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
   12  NUMBER OF THE TERRORIST;
   13    (I) THE PASSPORT NUMBER OF THE MOST RECENT PASSPORT OF THE TERRORIST;
   14    (J) THE HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE  AND/OR  ACTUAL
   15  PLACE OF DOMICILE OF THE TERRORIST;
   16    (K)  THE SOCIAL SECURITY NUMBER, OR TAXPAYER IDENTIFICATION NUMBER, OF
   17  THE TERRORIST;
   18    (L) ANY AND ALL INTERNET ACCOUNTS WITH INTERNET SERVICE/ACCESS PROVID-
   19  ERS BELONGING TO SUCH TERRORIST;
   20    (M) ANY AND ALL INTERNET IDENTIFIERS THAT SUCH TERRORIST USES, OR  HAS
   21  USED; AND
   22    (N)  ANY AND ALL CELLULAR ACCOUNTS AND CELLULAR TELEPHONE NUMBERS WITH
   23  CELLULAR SERVICE PROVIDERS BELONGING TO THE TERRORIST, OR  ANY  AND  ALL
   24  CELLULAR  ACCOUNTS  AND CELLULAR TELEPHONE NUMBERS WITH CELLULAR SERVICE
   25  OF WHICH THE TERRORIST HAS AUTHORIZED USE;
   26    2. FORENSIC INFORMATION, INCLUDING:
   27    (A) A PHOTOGRAPH OF  THE  TERRORIST,  TAKEN  IN  ACCORDANCE  WITH  THE
   28  PROVISIONS OF THIS ARTICLE, WHICH SHALL BE UPDATED ANNUALLY;
   29    (B)  A  COMPLETE  SET  OF  FINGERPRINTS OF THE TERRORIST, COLLECTED IN
   30  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
   31    (C) A DNA SAMPLE, COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF  THIS
   32  ARTICLE,  WITH SUCH SAMPLE BEING COMPLIANT WITH TESTING FOR THE COMBINED
   33  DNA INDEX SYSTEM (CODIS), AND WITH SUCH SAMPLE CAPABLE  OF  PROVIDING  A
   34  REPORT  AND ANALYSIS OF AUTOSOMAL DNA (ATDNA), MITOCHONDRIAL DNA (MTDNA)
   35  AND Y-CHROMOSOME DNA (Y-DNA), TOGETHER WITH ANY OTHER SCREENING  OR  DNA
   36  TESTING AS MAY BE REQUIRED BY THE DIVISION; AND
   37    (D)  A  DNA  ANALYSIS  OF THE DNA SAMPLE COLLECTED FROM THE TERRORIST,
   38  PERFORMED BY A LABORATORY APPROVED BY THE DIVISION, WITH  SUCH  ANALYSIS
   39  BEING  COMPLIANT  WITH  THE  COMBINED DNA INDEX SYSTEM (CODIS), AND WITH
   40  SUCH ANALYSIS CAPABLE OF PROVIDING A REPORT AND  ANALYSIS  OF  AUTOSOMAL
   41  DNA  (ATDNA),  MITOCHONDRIAL  DNA  (MTDNA) AND Y-CHROMOSOME DNA (Y-DNA),
   42  TOGETHER WITH ANY OTHER SCREENING OR DNA TESTING AS MAY BE  REQUIRED  BY
   43  THE DIVISION;
   44    3.  TERRORIST  INCIDENT  INFORMATION,  INCLUDING,  FOR  EACH AND EVERY
   45  TERRORIST INCIDENT INVOLVING THE TERRORIST:
   46    (A) A COMPLETE DESCRIPTION OF THE INCIDENT AND ITS SURROUNDING  EVENTS
   47  FOR  WHICH THE TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED,
   48  OR DESIGNATED;
   49    (B) THE DATE OF THE INCIDENT AND ITS SURROUNDING EVENTS FOR WHICH  THE
   50  TERRORIST WAS CONVICTED, DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED;
   51    (C)  A COMPLETE DESCRIPTION OF EACH AND EVERY CONSEQUENCE OF THE INCI-
   52  DENT AND ITS SURROUNDING EVENTS FOR WHICH THE TERRORIST  WAS  CONVICTED,
   53  DETAINED, DEPORTED, TRANSPORTED, OR DESIGNATED, INCLUDING EACH AND EVERY
   54  SENTENCE,  FINE,  PUNISHMENT  AND/OR SANCTION IMPOSED AS A RESULT OF THE
   55  INCIDENT; AND
       A. 6129--A                          8
    1    (D) THE DATE OF EACH AND EVERY  CONVICTION,  DETAINMENT,  DEPORTATION,
    2  TRANSPORTATION,  AND/OR  DESIGNATION  THAT  OCCURRED  AS A RESULT OF THE
    3  INCIDENT, AND EACH AND EVERY SENTENCE, FINE, PUNISHMENT AND/OR  SANCTION
    4  IMPOSED AS A RESULT OF THE INCIDENT;
    5    4. EMPLOYMENT INFORMATION OF THE TERRORIST, INCLUDING:
    6    (A)  IN  THE CASE OF A TERRORIST WHO IS EMPLOYED, OR WHO EXPECTS TO BE
    7  EMPLOYED:
    8    (I) THE NAME AND  ADDRESS  OF  THE  TERRORIST'S  CURRENT  OR  EXPECTED
    9  EMPLOYER;
   10    (II) A COMPLETE DESCRIPTION OF THE TERRORIST'S EMPLOYMENT DUTIES, WORK
   11  LOCATIONS, JOB TITLES AND TOOLS AND MATERIALS UTILIZED DURING THE COURSE
   12  OF EMPLOYMENT; AND
   13    (III) A COMPLETE LIST OF THE TERRORIST'S SUPERVISORS; AND
   14    (B)  IN THE CASE OF A TERRORIST WHO IS A STUDENT, OR WHO EXPECTS TO BE
   15  A STUDENT:
   16    (I) THE NAME AND ADDRESS OF THE TERRORIST'S EDUCATIONAL INSTITUTION OR
   17  EXPECTED EDUCATIONAL INSTITUTION;
   18    (II) A COMPLETE DESCRIPTION  OF  THE  TERRORIST'S  CLASSES  TAKEN,  OR
   19  EXPECTED TO BE TAKEN, CLASSROOM LOCATIONS, AND EDUCATIONAL CREDITS; AND
   20    (III) A COMPLETE LIST OF THE TERRORIST'S PROFESSORS.
   21    5. SUPPLEMENTAL AND VERIFICATION INFORMATION OF THE TERRORIST, INCLUD-
   22  ING:
   23    (A) AN ANNUAL UPDATE OF THE TERRORIST'S PHOTOGRAPH; AND
   24    (B)  ANY  OTHER ADDITIONAL AND FURTHER INFORMATION DEEMED PERTINENT BY
   25  THE DIVISION.
   26    S  169-E.  REGISTRANT  NOTIFICATION;  STANDARDIZED  REGISTRATION   AND
   27  VERIFICATION  FORMS. 1. REGISTRATION PACKET. THE DIVISION SHALL CREATE A
   28  NON-FORWARDABLE REGISTRATION PACKET, WHICH SHALL CONSIST OF A  STANDARD-
   29  IZED REGISTRATION INFORMATION FORM, A PERSONALIZED REGISTRATION INFORMA-
   30  TION FORM, AND A STANDARDIZED REGISTRATION FORM.
   31    2.  STANDARDIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
   32  CREATE A  STANDARDIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
   33  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
   34  TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
   35  TRY, ON THE FOLLOWING:
   36    (A) DUTY AND OBLIGATION TO  REGISTER.  THE  STANDARDIZED  REGISTRATION
   37  INFORMATION  FORM  SHALL PROVIDE INFORMATION CONCERNING THE REGISTRANT'S
   38  DUTY AND OBLIGATION TO REGISTER WITH THE DIVISION;
   39    (B) FURTHER DUTIES AND OBLIGATIONS OF  REGISTRANTS.  THE  STANDARDIZED
   40  REGISTRATION  INFORMATION  FORM  SHALL ALSO PROVIDE INFORMATION ADVISING
   41  THE REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS  ARTICLE;
   42  AND
   43    (C)  MANNER OF REGISTRATION. THE STANDARDIZED REGISTRATION INFORMATION
   44  FORM SHALL ADDITIONALLY PROVIDE INFORMATION CONCERNING  THE  MANNER  AND
   45  PROCEDURES  THAT  A  REGISTRANT SHALL BE REQUIRED TO FOLLOW, IN ORDER TO
   46  PROPERLY REGISTER IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS  ARTICLE,
   47  INCLUDING:
   48    (I)  DETAILED  DIRECTIONS  AND  INFORMATION  AS TO HOW TO COMPLETE THE
   49  STANDARDIZED REGISTRATION FORM;
   50    (II) DETAILED DIRECTIONS AND INFORMATION AS TO HOW THE REGISTRANT MUST
   51  APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS WELL AS
   52  INFORMATION CONCERNING THE REGISTRANT'S REQUIREMENT TO  PROVIDE  HIS  OR
   53  HER  PHOTOGRAPH,  FINGERPRINTS  AND A DNA SAMPLE TO SUCH LAW ENFORCEMENT
   54  AGENCY; AND
   55    (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING THE  REGISTRANT'S
   56  RESPONSIBILITY TO PAY A ONE HUNDRED DOLLAR REGISTRATION FEE TO THE DIVI-
       A. 6129--A                          9
    1  SION,  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P OF THIS ARTICLE, AND
    2  THE AVAILABLE MEANS AND MANNER IN WHICH SUCH FEE SHALL BE PAID.
    3    3.  PERSONALIZED  REGISTRATION  INFORMATION  FORM.  THE DIVISION SHALL
    4  CREATE A  PERSONALIZED  REGISTRATION  INFORMATION  FORM,  IN  CLEAR  AND
    5  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
    6  TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
    7  TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
    8  MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
    9  SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
   10  PERSON OF SUCH LAW ENFORCEMENT AGENCY.
   11    4.  STANDARDIZED REGISTRATION FORM. THE DIVISION SHALL CREATE A STAND-
   12  ARDIZED REGISTRATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
   13  PURPOSE OF COLLECTING THE REGISTRATION INFORMATION IDENTIFIED IN SECTION
   14  ONE  HUNDRED SIXTY-NINE-D OF THIS ARTICLE, FROM EVERY TERRORIST REQUIRED
   15  TO REGISTER WITH THE NEW YORK STATE TERRORIST REGISTRY.
   16    5. VERIFICATION PACKET. THE DIVISION SHALL  CREATE  A  NON-FORWARDABLE
   17  VERIFICATION  PACKET, WHICH SHALL CONSIST OF A STANDARDIZED VERIFICATION
   18  INFORMATION FORM, A PERSONALIZED VERIFICATION INFORMATION  FORM,  AND  A
   19  STANDARDIZED VERIFICATION FORM.
   20    6.  STANDARDIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
   21  CREATE A  STANDARDIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
   22  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
   23  TERRORIST, REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST REGIS-
   24  TRY, ON THE FOLLOWING:
   25    (A) DUTY AND OBLIGATION  TO  PROVIDE  VERIFICATION.  THE  STANDARDIZED
   26  VERIFICATION  INFORMATION  FORM SHALL PROVIDE INFORMATION CONCERNING THE
   27  REGISTRANT'S DUTY AND OBLIGATION TO PROVIDE QUARTERLY VERIFICATION  WITH
   28  THE DIVISION;
   29    (B)  FURTHER  DUTIES  AND OBLIGATIONS OF REGISTRANTS. THE STANDARDIZED
   30  VERIFICATION INFORMATION FORM SHALL ALSO  PROVIDE  INFORMATION  ADVISING
   31  THE  REGISTRANT OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS ARTICLE;
   32  AND
   33    (C) MANNER OF REGISTRATION. THE STANDARDIZED VERIFICATION  INFORMATION
   34  FORM  SHALL  ADDITIONALLY  PROVIDE INFORMATION CONCERNING THE MANNER AND
   35  PROCEDURES THAT A REGISTRANT SHALL BE REQUIRED TO FOLLOW,  IN  ORDER  TO
   36  PROPERLY  PROVIDE VERIFICATION IN ACCORDANCE WITH THE PROVISIONS OF THIS
   37  ARTICLE, INCLUDING:
   38    (I) DETAILED DIRECTIONS AND INFORMATION AS  TO  HOW  TO  COMPLETE  THE
   39  STANDARDIZED VERIFICATION FORM;
   40    (II)  DETAILED  DIRECTIONS  AND INFORMATION AS TO HOW TO APPEAR BEFORE
   41  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  CONCERNING  THE  REGIS-
   42  TRANT'S  REQUIREMENT  TO ANNUALLY UPDATE HIS OR HER PHOTOGRAPH WITH SUCH
   43  LAW ENFORCEMENT AGENCY; AND
   44    (III) DETAILED DIRECTIONS AND INFORMATION CONCERNING  THE  TERRORIST'S
   45  RESPONSIBILITY  TO  PAY  A TEN DOLLAR CHANGE OF ADDRESS FEE TO THE DIVI-
   46  SION, AS WELL AS A TEN DOLLAR ANNUAL UPDATED PHOTOGRAPH FEE, PURSUANT TO
   47  SECTION ONE HUNDRED SIXTY-NINE-P OF  THIS  ARTICLE,  AND  THE  AVAILABLE
   48  MEANS AND MANNER IN WHICH SUCH FEE OR FEES SHALL BE PAID.
   49    7.  PERSONALIZED  VERIFICATION  INFORMATION  FORM.  THE DIVISION SHALL
   50  CREATE A  PERSONALIZED  VERIFICATION  INFORMATION  FORM,  IN  CLEAR  AND
   51  CONCISE  LANGUAGE,  WITH  THE  PURPOSE OF PROVIDING INFORMATION TO EVERY
   52  TERRORIST REQUIRED TO REGISTER WITH THE NEW YORK STATE TERRORIST  REGIS-
   53  TRY  WITH DETAILED DIRECTIONS AND INFORMATION AS TO WHERE THE REGISTRANT
   54  MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHICH
   55  SHALL SPECIFY THE  ADDRESS,  TELEPHONE  NUMBER  AND  DESIGNATED  CONTACT
   56  PERSON OF SUCH LAW ENFORCEMENT AGENCY. SUCH PERSONAL VERIFICATION INFOR-
       A. 6129--A                         10
    1  MATION  INFORMATION  FORM  SHALL  FURTHER INDICATE THE DATE BY WHICH THE
    2  REGISTRANT MUST APPEAR BEFORE THE LAW ENFORCEMENT AGENCY  HAVING  JURIS-
    3  DICTION TO PROVIDE SUCH UPDATED PHOTOGRAPH.
    4    8.  STANDARDIZED VERIFICATION FORM. THE DIVISION SHALL CREATE A STAND-
    5  ARDIZED VERIFICATION FORM, IN  CLEAR  AND  CONCISE  LANGUAGE,  WITH  THE
    6  PURPOSE OF COLLECTING THE QUARTERLY SUPPLEMENTAL AND VERIFICATION INFOR-
    7  MATION  IDENTIFIED  IN SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE,
    8  FROM EVERY TERRORIST REQUIRED  TO  REGISTER  WITH  THE  NEW  YORK  STATE
    9  TERRORIST REGISTRY.
   10    9.  AVAILABILITY  OF  INFORMATION  AND FORMS. IN ADDITION TO THE OTHER
   11  PROVISIONS OF THIS SECTION, THE DIVISION SHALL FURTHER MAKE  INFORMATION
   12  AND FORMS AVAILABLE AS FOLLOWS:
   13    (A) THE DIVISION SHALL MAKE PAPER COPIES OF THE STANDARDIZED REGISTRA-
   14  TION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM, THE STANDARD-
   15  IZED  VERIFICATION  INFORMATION  FORM  AND THE STANDARDIZED VERIFICATION
   16  FORM AVAILABLE TO REGISTRANTS, ATTORNEYS REPRESENTING  REGISTRANTS,  THE
   17  UNIFIED  COURT  SYSTEM,  THE  DEPARTMENT,  FEDERAL,  STATE AND LOCAL LAW
   18  ENFORCEMENT, AND SUCH OTHER AND FURTHER INDIVIDUALS AND ENTITIES AS  THE
   19  DIVISION DEEMS APPROPRIATE;
   20    (B) THE DIVISION SHALL FURTHER POST ELECTRONIC COPIES OF THE STANDARD-
   21  IZED  REGISTRATION INFORMATION FORM, THE STANDARDIZED REGISTRATION FORM,
   22  THE STANDARDIZED VERIFICATION  INFORMATION  FORM  AND  THE  STANDARDIZED
   23  VERIFICATION  FORM,  PRODUCED  IN  ACCORDANCE  WITH THIS SECTION, ON THE
   24  OFFICIAL WEBSITE OF THE DIVISION, AND SUCH ELECTRONIC FORMS SHALL ALL BE
   25  IN A DOWNLOADABLE FORMAT, TO ALLOW FOR THE  SUBMISSION  OF  A  COMPLETED
   26  COPY  OF  SUCH  FORM OR FORMS TO THE DIVISION, REGARDLESS OF WHETHER ANY
   27  SUCH FORM OR FORMS HAVE BEEN PROVIDED TO, OR  RECEIVED  BY,  THE  REGIS-
   28  TRANT,  OR  REGARDLESS  OF  WHETHER SUCH REGISTRANT HAS IN FACT RECEIVED
   29  NOTICE OF HIS OR HER DUTY AND OBLIGATION TO REGISTER AS REQUIRED BY THIS
   30  ARTICLE; AND
   31    (C) THE DIVISION SHALL ALSO MAINTAIN A  TOLL  FREE  TELEPHONE  NUMBER,
   32  WHICH  SHALL  BE  DISPLAYED  ON THE OFFICIAL WEBSITE OF THE DIVISION, TO
   33  PROVIDE, UPON REQUEST OF ANY PERSON REQUIRED TO REGISTER  WITH  THE  NEW
   34  YORK  STATE TERRORIST REGISTRY, OR THEIR REPRESENTATIVE, ALL INFORMATION
   35  THAT IS NECESSARY FOR A REGISTRANT TO COMPLETE THEIR  REGISTRATION  WITH
   36  THE  NEW  YORK STATE TERRORIST REGISTRY, OR FOR A REGISTRANT TO COMPLETE
   37  THEIR VERIFICATION, INCLUDING INFORMATION THAT WOULD BE  PROVIDED  IN  A
   38  PERSONALIZED  REGISTRATION  INFORMATION FORM OR A PERSONALIZED VERIFICA-
   39  TION INFORMATION FORM.
   40    10. ADVERTISEMENT.  THE  DIVISION  SHALL  ADVERTISE  ON  ITS  OFFICIAL
   41  WEBSITE THAT ALL TERRORISTS ADDED TO THE NEW YORK STATE TERRORIST REGIS-
   42  TRY SHALL BE REQUIRED TO REGISTER AND PROVIDE VERIFICATION UNDER PENALTY
   43  OF  LAW,  AND  THAT THE INFORMATION AND FORMS NECESSARY TO COMPLETE SUCH
   44  REGISTRATION AND PROVIDE SUCH VERIFICATION ARE AVAILABLE FOR DOWNLOAD ON
   45  THE DIVISION'S WEBSITE AND THAT FURTHER INFORMATION CAN BE OBTAINED FROM
   46  THE TOLL FREE TELEPHONE NUMBER ESTABLISHED IN ACCORDANCE WITH  PARAGRAPH
   47  (C) OF SUBDIVISION NINE OF THIS SECTION.
   48    11.  PURPOSE  OF  THE REGISTRATION PACKET. THE PURPOSE OF THE NON-FOR-
   49  WARDABLE REGISTRATION PACKET CREATED IN ACCORDANCE WITH SUBDIVISION  ONE
   50  OF  THIS  SECTION,  SHALL  BE TO INFORM EVERY TERRORIST ADDED TO THE NEW
   51  YORK STATE TERRORIST REGISTRY OF SUCH TERRORIST'S DUTY AND OBLIGATION TO
   52  REGISTER AS REQUIRED BY THIS  ARTICLE,  AND  TO  COLLECT  THE  NECESSARY
   53  INFORMATION FROM SUCH TERRORIST AS REQUIRED BY THIS ARTICLE.
   54    12.  MAILING  OF REGISTRATION PACKET. THE NON-FORWARDABLE REGISTRATION
   55  PACKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL  BE  MAILED
   56  BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
       A. 6129--A                         11
    1  TERRORIST, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED  BY  SUBDIVISION
    2  FIFTEEN OF THIS SECTION.
    3    13.  PURPOSE  OF  THE VERIFICATION PACKET. THE PURPOSE OF THE NON-FOR-
    4  WARDABLE VERIFICATION PACKET, CREATED  IN  ACCORDANCE  WITH  SUBDIVISION
    5  FIVE  OF  THIS SECTION, SHALL BE TO INFORM EVERY REGISTRANT ADDED TO THE
    6  NEW YORK STATE TERRORIST REGISTRY OF SUCH REGISTRANT'S  DUTY  AND  OBLI-
    7  GATION  TO  PROVIDE  VERIFICATION  AS  REQUIRED  BY THIS ARTICLE, AND TO
    8  COLLECT THE NECESSARY VERIFICATION INFORMATION FROM SUCH  REGISTRANT  AS
    9  REQUIRED BY THIS ARTICLE.
   10    14.  MAILING  OF VERIFICATION PACKET. THE NON-FORWARDABLE VERIFICATION
   11  PACKET, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE  MAILED
   12  BY  THE DIVISION, BY FIRST CLASS MAIL, TO THE LAST KNOWN ADDRESS OF SUCH
   13  REGISTRANT, IN ACCORDANCE WITH THE TIMELINES ESTABLISHED BY  SUBDIVISION
   14  FIFTEEN OF THIS SECTION.
   15    15.  TIMELINES.  WITH RESPECT TO THE REQUIREMENTS OF THIS ARTICLE, THE
   16  FOLLOWING TIMELINES SHALL APPLY:
   17    (A) THE MAILING REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
   18  SION TWELVE OF THIS SECTION SHALL BE COMPLETED BY  THE  DIVISION  WITHIN
   19  TEN  CALENDAR  DAYS OF THE DATE ON WHICH THE DIVISION ADDS THE TERRORIST
   20  TO WHOM THE MAILING IS DIRECTED TO THE NEW YORK STATE  TERRORIST  REGIS-
   21  TRY;
   22    (B)  THE  MAILING  REQUIRED IN ACCORDANCE WITH SUBDIVISION FOURTEEN OF
   23  THIS SECTION SHALL BE COMPLETED  BY  THE  DIVISION  WITHIN  SEVENTY-FIVE
   24  CALENDAR DAYS OF THE DATE ON WHICH THE REGISTRANT TO WHOM THE MAILING IS
   25  DIRECTED  PROVIDES THE DIVISION WITH ALL THE INFORMATION REQUIRED IN THE
   26  STANDARDIZED REGISTRATION FORM, AND THEN AGAIN, EVERY NINETY DAYS THERE-
   27  AFTER;
   28    (C) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
   29  REGISTRATION PACKET FROM THE DIVISION, OR WITHIN THIRTY CALENDAR DAYS OF
   30  THE  MAILING  OF  REGISTRATION  PACKET  BY  THE DIVISION, OR WITHIN FIVE
   31  CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM THE
   32  DIVISION'S WEBSITE, OR WITHIN FIVE DAYS OF BEING PERSONALLY NOTIFIED  BY
   33  THE DIVISION OR ITS REPRESENTATIVE, WHICHEVER IS EARLIER, SHALL RETURN A
   34  FULLY  EXECUTED, SIGNED AND COMPLETED COPY OF THE STANDARDIZED REGISTRA-
   35  TION FORM TO THE DIVISION, EITHER BY MEANS OF UNITED STATES FIRST  CLASS
   36  MAIL,  OR  BY  MEANS  OF PERSONAL DELIVERY TO THE LAW ENFORCEMENT AGENCY
   37  HAVING JURISDICTION;
   38    (D) THE REGISTRANT, WITHIN TEN CALENDAR DAYS OF  THE  RECEIPT  OF  THE
   39  VERIFICATION  PACKET  FROM THE DIVISION, OR WITHIN FIFTEEN CALENDAR DAYS
   40  OF THE MAILING OF VERIFICATION PACKET BY THE DIVISION,  OR  WITHIN  FIVE
   41  CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED VERIFICATION FORM FROM THE
   42  DIVISION'S  WEBSITE,  OR  WITHIN  FIVE CALENDAR DAYS OF BEING PERSONALLY
   43  NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
   44  SHALL  RETURN  A FULLY EXECUTED, SIGNED AND COMPLETED COPY OF THE STAND-
   45  ARDIZED VERIFICATION FORM TO THE DIVISION, EITHER  BY  MEANS  OF  UNITED
   46  STATES  FIRST  CLASS  MAIL,  OR BY MEANS OF PERSONAL DELIVERY TO THE LAW
   47  ENFORCEMENT AGENCY HAVING JURISDICTION;
   48    (E) THE REGISTRANT, WITHIN FIFTEEN CALENDAR DAYS OF THE RECEIPT OF THE
   49  REGISTRATION PACKET FROM THE DIVISION, OR  WITHIN  THIRTY-FIVE  CALENDAR
   50  DAYS  OF  THE  MAILING OF REGISTRATION PACKET BY THE DIVISION, OR WITHIN
   51  TEN CALENDAR DAYS OF DOWNLOADING THE STANDARDIZED REGISTRATION FORM FROM
   52  THE DIVISION'S WEBSITE, OR WITHIN FIVE CALENDAR DAYS OF BEING PERSONALLY
   53  NOTIFIED BY THE DIVISION OR ITS REPRESENTATIVE,  WHICHEVER  IS  EARLIER,
   54  SHALL  APPEAR  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, TO
   55  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND  A  DNA  SAMPLE,  UNLESS
   56  SUCH  REGISTRANT  HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH PREVIOUSLY
       A. 6129--A                         12
    1  TAKEN, AND THEIR FINGERPRINTS AND DNA SAMPLE  PREVIOUSLY  COLLECTED,  IN
    2  ACCORDANCE  WITH  SUBDIVISIONS  THREE  AND  FIVE  OF SECTION ONE HUNDRED
    3  SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH  SUBDIVISIONS  THREE
    4  AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE; AND
    5    (F)  THE  REGISTRANT  SHALL ANNUALLY APPEAR BEFORE THE LAW ENFORCEMENT
    6  AGENCY HAVING JURISDICTION, NOT LATER THAN ONE YEAR AFTER, AND NOT PRIOR
    7  TO THREE HUNDRED THIRTY DAYS BEFORE, THE ANNIVERSARY DATE OF THE  TAKING
    8  OR HIS OR HER INITIAL PHOTOGRAPH IN ORDER TO PROVIDE THE DIVISION WITHIN
    9  AN UPDATED PHOTOGRAPH.
   10    16. DUTY AND OBLIGATION TO REGISTER AND PROVIDE VERIFICATION ABSOLUTE.
   11  IN  NO  EVENT  SHALL  THE  FAILURE OF A TERRORIST TO RECEIVE ANY NOTICE,
   12  REGISTRATION PACKET OR VERIFICATION PACKET, OR OF THE DIVISION  TO  FAIL
   13  TO  PROVIDE  SUCH NOTICE, REGISTRATION PACKET OR VERIFICATION PACKET, OR
   14  OF THE FAILURE OF THE DIVISION  TO  PROVIDE  SUCH  NOTICE,  REGISTRATION
   15  PACKET  OR VERIFICATION PACKET WITHIN THE TIME REQUIRED PURSUANT TO THIS
   16  SECTION, RELIEVE ANY SUCH TERRORIST FROM ANY DUTY OR OBLIGATION REQUIRED
   17  BY THIS ARTICLE.
   18    17. VIOLATIONS. IN THE EVENT THAT A COMPLETED  STANDARDIZED  REGISTRA-
   19  TION  FORM OR A COMPLETED STANDARDIZED VERIFICATION FORM IS NOT RETURNED
   20  TO THE DIVISION BY A REGISTRANT WITHIN THE TIMELINES  REQUIRED  PURSUANT
   21  TO  SUBDIVISION  FIFTEEN OF THIS SECTION, THE DIVISION SHALL IMMEDIATELY
   22  NOTIFY THE DIVISION OF STATE POLICE,  THE  STATE  DIVISION  OF  HOMELAND
   23  SECURITY  AND  EMERGENCY  SERVICES,  AND THE UNITED STATES DEPARTMENT OF
   24  HOMELAND SECURITY, WHEREUPON THE DIVISION OF STATE  POLICE  SHALL  IMME-
   25  DIATELY  CAUSE  SUCH TERRORIST TO BE ARRESTED AND CHARGED WITH A FAILURE
   26  TO REGISTER IN ACCORDANCE WITH THIS ARTICLE,  AND  PURSUANT  TO  SECTION
   27  490.23 OF THE PENAL LAW.
   28    18.  LATE  FILINGS.  THE  DIVISION  MAY BY REGULATION IDENTIFY CERTAIN
   29  CIRCUMSTANCES WHEN THE COMMISSIONER MAY AUTHORIZE THE LATE SUBMISSION OF
   30  A STANDARDIZED REGISTRATION FORM, A STANDARDIZED VERIFICATION  FORM,  OR
   31  THE  LATE  COLLECTION OF FINGERPRINTS, DNA SAMPLE, INITIAL PHOTOGRAPH OR
   32  UPDATED PHOTOGRAPH, BUT IN NO EVENT SHALL  A  LATE  SUBMISSION  OR  LATE
   33  COLLECTION  BE AUTHORIZED MORE THAN NINETY DAYS AFTER THE REGISTRANT, IF
   34  OF LEGAL CAPACITY, RECEIVED ACTUAL NOTICE, OF THEIR DUTY AND  OBLIGATION
   35  TO  SUBMIT OR HAVE COLLECTED SUCH STANDARDIZED REGISTRATION FORM, STAND-
   36  ARDIZED VERIFICATION FORM, FINGERPRINTS, DNA SAMPLE, INITIAL  PHOTOGRAPH
   37  OR UPDATED PHOTOGRAPH.
   38    19.  REGULATIONS.  THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS
   39  TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   40    S 169-F. INVESTIGATION OF POTENTIAL REGISTRANTS. 1.  GENERALLY.    THE
   41  DIVISION  SHALL MAKE REGULAR INVESTIGATIONS TO DETERMINE WHETHER TERROR-
   42  ISTS SHALL BE ADDED TO THE REGISTRY, AND UPON ANY SUCH INVESTIGATION AND
   43  DETERMINATION THAT A TERRORIST  SHALL  BE  ADDED  TO  THE  REGISTRY,  IN
   44  ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL ADD
   45  SUCH TERRORIST TO THE REGISTRY, AND SHALL NOTIFY SUCH TERRORIST PURSUANT
   46  TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   47    2. RELEASE NOTIFICATION. IN THE CASE OF ANY TERRORIST, IT SHALL BE THE
   48  DUTY OF THE CONFINEMENT ENTITY IN WHOSE CUSTODY SUCH TERRORIST IS  HELD,
   49  AT LEAST SIXTY CALENDAR DAYS PRIOR TO THE RELEASE OF SUCH TERRORIST FROM
   50  SUCH  CUSTODY,  TO NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED BY
   51  THE DIVISION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF  SUCH  TERROR-
   52  IST.  THE  NOTIFICATION PROVIDED SHALL INCLUDE THE ADDRESS AT WHICH SUCH
   53  TERRORIST PROPOSES TO RESIDE. IF SUCH TERRORIST CHANGES HIS OR HER PLACE
   54  OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE  OF  RESI-
   55  DENCE SHALL BE SENT BY THE TERRORIST'S PAROLE OFFICER WITHIN FORTY-EIGHT
   56  HOURS  TO  THE DIVISION, ON A FORM AND IN A MANNER PROVIDED BY THE DIVI-
       A. 6129--A                         13
    1  SION. IN THE EVENT THAT THE CONFINEMENT ENTITY IS UNABLE TO  NOTIFY  THE
    2  DIVISION  OF  THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH TERRORIST AT
    3  LEAST SIXTY DAYS PRIOR TO SUCH  RELEASE,  THE  CONFINEMENT  ENTITY  MUST
    4  PROVIDE  AN EMERGENCY NOTIFICATION TO THE DIVISION, IN A FORM AND MANNER
    5  PROVIDED BY THE DIVISION.
    6    3. PROBATION NOTIFICATION. IN THE CASE OF ANY TERRORIST ON  PROBATION,
    7  IT  SHALL BE THE DUTY OF THE TERRORIST'S PROBATION OFFICER TO NOTIFY THE
    8  DIVISION, WITHIN FORTY-EIGHT HOURS, OF ANY INITIAL OR CHANGED  PLACE  OF
    9  RESIDENCE  OF  SUCH  TERRORIST,  IN  THE FORM AND MANNER PROVIDED BY THE
   10  DIVISION.
   11    4. ESCAPE NOTIFICATION. IN THE EVENT THAT ANY TERRORIST  ESCAPES  FROM
   12  THE  CUSTODY  OF  ANY CONFINEMENT ENTITY, THE DESIGNATED OFFICIAL OF THE
   13  CONFINEMENT ENTITY, SHALL IMMEDIATELY NOTIFY, BY TELEPHONE AND/OR EMAIL,
   14  THE DIVISION OF SUCH ESCAPE. WITHIN TWENTY-FOUR HOURS,  THE  CONFINEMENT
   15  ENTITY SHALL FURTHER PROVIDE THE DIVISION AND THE LAW ENFORCEMENT AGENCY
   16  HAVING  JURISDICTION  AT,  AND  IMMEDIATELY  PRIOR  TO,  THE TIME OF THE
   17  TERRORIST'S CONFINEMENT, WITH:
   18    (A) THE NAME AND ALIASES OF THE TERRORIST;
   19    (B) THE ADDRESS AT WHICH THE TERRORIST RESIDED AT THE TIME OF  HIS  OR
   20  HER CONFINEMENT;
   21    (C)  THE AMOUNT OF TIME REMAINING ON THE TERRORIST'S CONFINEMENT TO BE
   22  SERVED, IF ANY;
   23    (D) THE NATURE OF THE OFFENSE FOR WHICH THE TERRORIST WAS CONFINED;
   24    (E) A RECENT PHOTOGRAPH OF THE TERRORIST; AND
   25    (F) THE FINGERPRINTS OF THE TERRORIST.
   26    5. PURPOSE. IT SHALL BE THE PURPOSE OF THE  DIVISION'S  INVESTIGATIONS
   27  UNDER THIS SECTION TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,
   28  WORKING,  OR  ATTENDING EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, AND
   29  WHETHER, PURSUANT TO THE PROVISIONS OF  THIS  ARTICLE,  SUCH  TERRORISTS
   30  SHOULD BE ADDED TO THE NEW YORK STATE TERRORIST REGISTRY.
   31    6.  COMMUNICATION  WITH OTHER ENTITIES. (A) IN CONDUCTING ITS INVESTI-
   32  GATIONS, PURSUANT TO THIS SECTION, TO DETERMINE WHAT TERRORISTS  ARE  OR
   33  WILL  BE RESIDING, WORKING, OR ATTENDING EDUCATIONAL INSTITUTIONS IN NEW
   34  YORK STATE, THE DIVISION SHALL  COMMUNICATE  WITH  THE  FOLLOWING  STATE
   35  ENTITIES:
   36    (I) THE DEPARTMENT;
   37    (II) THE DIVISION OF PAROLE;
   38    (III) THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES;
   39    (IV) THE DEPARTMENT OF HEALTH;
   40    (V) THE DEPARTMENT OF EDUCATION;
   41    (VI)  THE OFFICE OF COURT ADMINISTRATION, AND ANY COURT OF THE UNIFIED
   42  COURT SYSTEM;
   43    (VII) THE DIVISION OF STATE POLICE;
   44    (VIII) THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES;
   45  AND/OR
   46    (IX) ANY OTHER STATE OR LOCAL ENTITY THE DIVISION DEEMS APPROPRIATE.
   47    (B)  IN  FURTHER  CONDUCTING  ITS  INVESTIGATIONS,  PURSUANT  TO  THIS
   48  SECTION, TO DETERMINE WHAT TERRORISTS ARE OR WILL BE RESIDING,  WORKING,
   49  OR  ATTENDING  EDUCATIONAL INSTITUTIONS, IN NEW YORK STATE, THE DIVISION
   50  SHALL ALSO COMMUNICATE WITH THE FOLLOWING FEDERAL, INTERSTATE OR  INTER-
   51  NATIONAL ENTITIES:
   52    (I) THE FEDERAL BUREAU OF PRISONS;
   53    (II)  THE  UNITED  STATE DEPARTMENT OF DEFENSE, AND ITS ARMED SERVICES
   54  BRANCHES;
   55    (III) THE UNITED STATE DEPARTMENT OF STATE;
   56    (IV) THE UNITED STATES DEPARTMENT OF JUSTICE;
       A. 6129--A                         14
    1    (V) THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
    2    (VI) THE CENTRAL INTELLIGENCE AGENCY;
    3    (VII) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
    4    (VIII) THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); AND
    5    (IX)  ANY OTHER FEDERAL, INTERSTATE, OR INTERNATIONAL ENTITY THE DIVI-
    6  SION DEEMS APPROPRIATE.
    7    7. GROUNDS TO ADD A TERRORIST TO THE REGISTRY. UPON  INVESTIGATION  IN
    8  ACCORDANCE  WITH  THIS  SECTION,  THE DIVISION SHALL ADD A TERRORIST, AS
    9  DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B  OF  THIS
   10  ARTICLE,  TO  THE  NEW  YORK  STATE TERRORIST REGISTRY, AND PROVIDE SUCH
   11  TERRORIST WITH NOTIFICATION THAT THEY HAVE BEEN SO ADDED TO THE REGISTRY
   12  IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE,  IF
   13  THE DIVISION DETERMINES THAT SUCH TERRORIST IS:
   14    (A)  NOT  PRESENTLY SUBJECT TO CONFINEMENT BUT IS CURRENTLY, HAS BEEN,
   15  OR WILL BE WITHIN THE NEXT NINETY DAYS, LIVING, WORKING OR ATTENDING  AN
   16  EDUCATIONAL INSTITUTION WITHIN NEW YORK STATE, OR
   17    (B) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
   18  TO  COMMUNITY  SUPERVISION  OR  PROBATION, AND IS SCHEDULED FOR A CONDI-
   19  TIONAL RELEASE OR ANY OTHER DISCHARGE IN NEW YORK STATE, OR
   20    (C) IS PRESENTLY IN THE CUSTODY OF A CONFINEMENT ENTITY, OR IS SUBJECT
   21  TO COMMUNITY SUPERVISION OR PROBATION, AND IS  SCHEDULED  FOR  A  CONDI-
   22  TIONAL RELEASE OR ANY OTHER DISCHARGE OUTSIDE OF NEW YORK STATE AND SUCH
   23  TERRORIST  HAS  EVIDENCED  ANY  INTENTION  TO  RESIDE, WORK OR ATTEND AN
   24  EDUCATIONAL INSTITUTION IN NEW YORK STATE.
   25    8. COURT APPLICATION TO ADD A PERSON TO THE  REGISTRY.  UPON  INVESTI-
   26  GATION  IN  ACCORDANCE  WITH  THIS  SECTION, AND UPON A FINDING THAT THE
   27  PERSON INVESTIGATED MAY  NOT  HAVE  COMMITTED  A  TERRORIST  OFFENSE  AS
   28  DEFINED  IN  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
   29  ARTICLE, OR A VERIFIABLE ACT OF TERRORISM,  AS  DEFINED  IN  SUBDIVISION
   30  THREE  OF  SECTION  ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, BUT IN THE
   31  JOINT DETERMINATION OF THE DIVISION AND THE DIVISION OF HOMELAND SECURI-
   32  TY AND EMERGENCY SERVICES, THAT SUCH PERSON NONETHELESS STILL PRESENTS A
   33  SERIOUS AND IMMEDIATE RISK OF PERFORMING, PROMOTING,  SUPPORTING  AND/OR
   34  FACILITATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE
   35  STATE OF NEW YORK, THEN THE  DIVISION  MAY  MAKE  AN  APPLICATION  TO  A
   36  SUPREME  COURT,  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-I OF
   37  THIS ARTICLE, TO ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGIS-
   38  TRY, AND IF SUCH COURT ISSUES THE CERTIFICATION, THEN THE DIVISION SHALL
   39  ADD  SUCH PERSON TO THE REGISTRY, AND PROVIDE SUCH PERSON WITH NOTIFICA-
   40  TION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF  THIS  ARTI-
   41  CLE.
   42    9.    ADDITION  TO  THE  REGISTRY BY COURT ORDER. WHERE A COURT OF THE
   43  UNIFIED COURT SYSTEM IN NEW YORK, ISSUES A CERTIFICATION TO ADD A PERSON
   44  TO THE NEW YORK STATE TERRORIST REGISTRY, IN ACCORDANCE WITH SECTION ONE
   45  HUNDRED SIXTY-NINE-I OF THIS ARTICLE, THEN THE DIVISION SHALL  ADD  SUCH
   46  PERSON  TO  THE  REGISTRY,  AND PROVIDE SUCH PERSON WITH NOTIFICATION IN
   47  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   48    10. REMOVAL FROM THE REGISTRY BY COURT ORDER. WHERE THE SUPREME  COURT
   49  IN THE COUNTY WHERE A REGISTRANT RESIDES, OR THE SUPREME COURT OF ALBANY
   50  COUNTY  WHERE A PERSON DOES NOT RESIDE IN NEW YORK STATE, ISSUES A DECI-
   51  SION AND/OR ORDER TO REMOVE A PERSON FROM THE NEW YORK  STATE  TERRORIST
   52  REGISTRY,  IN  ACCORDANCE  WITH SECTION ONE HUNDRED SIXTY-NINE-I OF THIS
   53  ARTICLE, THEN THE DIVISION SHALL REMOVE SUCH PERSON FROM  THE  REGISTRY,
   54  AND  PROVIDE  SUCH  PERSON  WITH  NOTIFICATION OF THEIR REMOVAL FROM THE
   55  REGISTRY, BUT THE DIVISION MAY APPEAL SUCH DECISION  AND/OR  ORDER,  AND
   56  SUCH  REMOVAL  SHALL  NOT  BE  PERFORMED BY THE DIVISION UNTIL THE FINAL
       A. 6129--A                         15
    1  APPEAL IS DECIDED IN FAVOR OF THE PERSON SEEKING REMOVAL FROM THE REGIS-
    2  TRY.
    3    S  169-G. INITIAL ASSEMBLY OF THE REGISTRY. THE DIVISION, WITHIN SIXTY
    4  DAYS OF THE EFFECTIVE DATE OF  THIS  ARTICLE,  SHALL  COMMENCE  INVESTI-
    5  GATIONS  AND MAKE DETERMINATIONS, IN ACCORDANCE WITH SECTION ONE HUNDRED
    6  SIXTY-NINE-F OF THIS ARTICLE, TO  DETERMINE  WHAT  TERRORISTS  SHALL  BE
    7  INITIALLY ADDED TO THE REGISTRY, AND UPON SUCH INVESTIGATIONS AND DETER-
    8  MINATIONS,  SHALL  ADD SUCH TERRORISTS TO THE REGISTRY, AND SHALL THERE-
    9  AFTER NOTIFY SUCH TERRORISTS THAT THEY HAVE BEEN ADDED TO  THE  REGISTRY
   10  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   11    S  169-H.  REGISTRATION  AND  VERIFICATION OF TERRORISTS. 1.  DUTY AND
   12  OBLIGATION TO REGISTER AND VERIFY. ANY PERSON  ADDED  TO  THE  NEW  YORK
   13  STATE TERRORIST REGISTRY BY THE DIVISION, IN ACCORDANCE WITH SECTION ONE
   14  HUNDRED  SIXTY-NINE-F  OF  THIS ARTICLE, SHALL BE REQUIRED, AND HAVE THE
   15  DUTY AND OBLIGATION  TO  REGISTER  AND  VERIFY,  AND  SHALL  FURTHER  BE
   16  REQUIRED AND HAVE THE DUTY AND OBLIGATION TO PROVIDE THE REQUIRED REGIS-
   17  TRATION  AND QUARTERLY VERIFICATION INFORMATION, IN ACCORDANCE WITH THIS
   18  ARTICLE.
   19    2. SPECIFIC DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED  TO  THE  NEW
   20  YORK  STATE  TERRORIST  REGISTRY  BY THE DIVISION SHALL BE REQUIRED, AND
   21  SHALL HAVE THE DUTY AND OBLIGATION TO:
   22    (A) REGISTER UNDER THIS ARTICLE;
   23    (B) PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARDIZED REGIS-
   24  TRATION FORM, CONTAINING ALL THE REQUIRED  REGISTRATION  INFORMATION  IN
   25  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
   26  THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
   27  CLE;
   28    (C)  UNLESS SUCH TERRORIST HAS PREVIOUSLY HAD THEIR INITIAL PHOTOGRAPH
   29  PREVIOUSLY TAKEN, IN ACCORDANCE WITH  SUBDIVISIONS  THREE  AND  FIVE  OF
   30  SECTION  ONE HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH
   31  SUBDIVISIONS THREE AND FIVE OF SECTION ONE HUNDRED SIXTY-NINE-K OF  THIS
   32  ARTICLE,  APPEAR  TO, AND BE PHOTOGRAPHED BY, THE SPECIFIED LAW ENFORCE-
   33  MENT AGENCY HAVING JURISDICTION, WITHIN THE TIMES, AND AT THE LOCATIONS,
   34  REQUIRED PURSUANT TO THIS ARTICLE;
   35    (D) UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  FINGERPRINTS
   36  COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
   37  HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
   38  THREE  AND  FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-K OF THIS ARTICLE,
   39  APPEAR TO, AND BE FINGERPRINTED BY, THE SPECIFIED LAW ENFORCEMENT AGENCY
   40  HAVING JURISDICTION, WITHIN THE TIMES, AND AT  THE  LOCATIONS,  REQUIRED
   41  PURSUANT TO THIS ARTICLE;
   42    (E)  UNLESS  SUCH  TERRORIST  HAS  PREVIOUSLY  HAD  THEIR  DNA  SAMPLE
   43  COLLECTED, IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION ONE
   44  HUNDRED SIXTY-NINE-J OF THIS ARTICLE, OR IN ACCORDANCE WITH SUBDIVISIONS
   45  THREE AND FIVE OF SECTION ONE  HUNDRED  SIXTY-NINE-K  OF  THIS  ARTICLE,
   46  APPEAR  TO,  AND  SUBMIT  TO  A  DNA  SAMPLE  TAKEN BY THE SPECIFIED LAW
   47  ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
   48  LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
   49    (F)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER REGISTRATION
   50  INFORMATION REQUIRED BY THIS ARTICLE.
   51    3. CONTINUING DUTIES AND OBLIGATIONS.  ANY TERRORIST ADDED TO THE  NEW
   52  YORK STATE TERRORIST REGISTRY BY THE DIVISION SHALL FURTHER BE REQUIRED,
   53  AND SHALL HAVE THE CONTINUING DUTY TO:
   54    (A) VERIFY UNDER THIS ARTICLE;
   55    (B)  PROVIDE THE DIVISION WITH A COMPLETED, SIGNED, STANDARD VERIFICA-
   56  TION FORM, CONTAINING  ALL  THE  REQUIRED  VERIFICATION  INFORMATION  IN
       A. 6129--A                         16
    1  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-D OF THIS ARTICLE, WITHIN
    2  THE TIMES, AND PURSUANT TO THE MEANS OF DELIVERY, REQUIRED BY THIS ARTI-
    3  CLE;
    4    (C)  APPEAR  TO,  AND  BE  ANNUALLY PHOTOGRAPHED BY, THE SPECIFIED LAW
    5  ENFORCEMENT AGENCY HAVING JURISDICTION, WITHIN THE  TIMES,  AND  AT  THE
    6  LOCATIONS, REQUIRED PURSUANT TO THIS ARTICLE; AND
    7    (D)  PROVIDE  THE  DIVISION  WITH  ANY  OTHER AND FURTHER VERIFICATION
    8  INFORMATION REQUIRED BY THIS ARTICLE.
    9    4. DISCONTINUED DUTIES AND OBLIGATIONS.  THE DUTY TO  REGISTER  AND/OR
   10  VERIFY  UNDER  THE PROVISIONS OF THIS ARTICLE SHALL NOT BE APPLICABLE TO
   11  ANY PERSON WHOSE CONVICTION WAS REVERSED UPON APPEAL OR WHO WAS PARDONED
   12  BY THE GOVERNOR OR THE PRESIDENT FOR THE OFFENSE WHICH  WAS  THE  REASON
   13  THE DIVISION ADDED SUCH PERSON TO THE NEW YORK STATE TERRORIST REGISTRY.
   14    5.  CHANGE  OF  ADDRESS.  ANY  TERRORIST  ADDED  TO THE NEW YORK STATE
   15  TERRORIST REGISTRY SHALL, IN ADDITION TO ANY OTHER INFORMATION  REQUIRED
   16  BY  THIS  ARTICLE,  REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS, AND
   17  THE ADDRESS OF HIS OR HER PLACE OF EMPLOYMENT OR EDUCATIONAL INSTITUTION
   18  ATTENDED, WITH THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE
   19  OF RESIDENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS  IN  ACCORD-
   20  ANCE WITH THE PROVISIONS OF THIS ARTICLE.
   21    S  169-I. DUTIES OF THE COURT. 1. CERTIFICATION OF TERRORIST. (A) UPON
   22  CONVICTION OF ANY OF THE OFFENSES SET  FORTH  IN  ARTICLE  FOUR  HUNDRED
   23  NINETY  OF  THE  PENAL LAW, THE COURT SHALL CERTIFY THAT THE PERSON IS A
   24  TERRORIST, AND SHALL INCLUDE THE CERTIFICATION IN THE ORDER  OF  COMMIT-
   25  MENT,  IF ANY, AND JUDGMENT OF CONVICTION, AND SHALL ADDITIONALLY DIRECT
   26  THE DIVISION TO ADD SUCH PERSON, SO CONVICTED, TO  THE  NEW  YORK  STATE
   27  TERRORIST REGISTRY.
   28    (B)  IF  THE  PERSON  CERTIFIED AS THE REGISTRANT IS PRESENT IN COURT,
   29  THEN THE COURT SHALL ADVISE SUCH PERSON OF HIS OR HER DUTIES  AND  OBLI-
   30  GATIONS  UNDER THIS ARTICLE, BUT IN THE EVENT OF HIS OR HER ABSENCE FROM
   31  COURT, THE COURT SHALL DIRECT THE DIVISION  TO  MAIL  SUCH  TERRORIST  A
   32  REGISTRATION  PACKET  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
   33  HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   34    (C) ANY FAILURE OF THE COURT TO INCLUDE THE CERTIFICATION IN THE ORDER
   35  OF COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A  TERROR-
   36  IST  OF THE DUTIES AND OBLIGATIONS IMPOSED BY THIS ARTICLE, NOR PROHIBIT
   37  THE DIVISION FROM ADDING SUCH PERSON TO THE  NEW  YORK  STATE  TERRORIST
   38  REGISTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   39    (D)  ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS RELEASED
   40  ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
   41  OR UNCONDITIONAL DISCHARGE, SHALL, PRIOR TO SUCH RELEASE  OR  DISCHARGE,
   42  BE  INFORMED  OF  HIS  OR HER DUTY AND OBLIGATION TO REGISTER UNDER THIS
   43  ARTICLE BY THE COURT IN WHICH HE OR SHE WAS CONVICTED, AND AT  THE  TIME
   44  SENTENCE  IS IMPOSED, SUCH TERRORIST SHALL REGISTER WITH THE DIVISION ON
   45  THE STANDARDIZED REGISTRATION FORM PREPARED BY THE DIVISION  IN  ACCORD-
   46  ANCE WITH THIS ARTICLE AS FOLLOWS:
   47    (I)  THE  COURT  SHALL  REQUIRE THE TERRORIST TO READ AND COMPLETE THE
   48  STANDARDIZED REGISTRATION FORM, SIGN THE SAME IN  THE  PRESENCE  OF  THE
   49  COURT, AND SUBMIT SUCH COMPLETED DOCUMENT BACK TO THE COURT;
   50    (II)  UPON COMPLETION OF THE STANDARDIZED REGISTRATION FORM, THE COURT
   51  SHALL GIVE ONE COPY OF SUCH FORM TO THE TERRORIST, AND SHALL DIRECT  THE
   52  IMMEDIATE TRANSMISSION OF THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED
   53  REGISTRATION  FORM  TO  THE  DIVISION, WHICH SHALL, UPON RECEIPT OF SUCH
   54  FORM, ADD SUCH PERSON  TO  THE  REGISTRY  AND  FORWARD  THE  INFORMATION
   55  COLLECTED  TO  THE  LAW  ENFORCEMENT  AGENCIES  HAVING  JURISDICTION, IN
   56  ACCORDANCE WITH THIS ARTICLE;
       A. 6129--A                         17
    1    (III) THE COURT SHALL FURTHER NOTIFY THE TERRORIST  THAT  WITHIN  FIVE
    2  CALENDAR  DAYS,  SUCH  TERRORIST SHALL APPEAR BEFORE THE LAW ENFORCEMENT
    3  AGENCY HAVING JURISDICTION, OR THE OFFICE OF PROBATION AND  CORRECTIONAL
    4  ALTERNATIVES,  TO  PROVIDE FINGERPRINTS, AN INITIAL PHOTOGRAPH AND A DNA
    5  SAMPLE; AND
    6    (IV)  FROM  THE  COMPLETED  STANDARDIZED  REGISTRATION FORM, THE COURT
    7  SHALL PLACE UPON THE RECORD THE FACT THAT THE TERRORIST SHALL  BE  ADDED
    8  TO  THE  NEW  YORK  STATE  TERRORIST REGISTRY, AND THE ADDRESS WHERE THE
    9  TERRORIST WILL BE DEEMED TO RESIDE UPON HIS OR HER RELEASE.
   10    (E) ANY PERSON WHO A COURT CERTIFIES AS A REGISTRANT, WHO IS NOT PRES-
   11  ENT IN THE COURT AT THE TIME OF THE ISSUANCE OF ORDER PROVIDING FOR SUCH
   12  CERTIFICATION, SHALL BE ADDED BY THE DIVISION  TO  THE  NEW  YORK  STATE
   13  TERRORIST  REGISTRY,  AND  SHALL REGISTER WITH THE DIVISION, AND PROVIDE
   14  ALL REQUIRED INFORMATION, TOGETHER WITH THE DNA SAMPLE, FINGERPRINTS AND
   15  INITIAL PHOTOGRAPH, IN ACCORDANCE WITH THE PROVISIONS AND  TIMELINES  OF
   16  SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE.
   17    2.  APPLICATION  TO ADD A PERSON TO THE REGISTRY. (A) COURT ORDER.  IN
   18  ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION ONE HUNDRED SIXTY-NINE-F OF
   19  THIS ARTICLE,  THE  DIVISION,  AFTER  INVESTIGATION,  MAY  PETITION  THE
   20  SUPREME  COURT, ON NOTICE TO THE PERSON WHO IS THE SUBJECT OF THE INVES-
   21  TIGATION BY MAILING A COPY OF THE PETITION TO THE LAST KNOWN ADDRESS  OF
   22  SUCH PERSON, FOR A CERTIFICATION THAT SUCH PERSON THAT IS THE SUBJECT OF
   23  SUCH  INVESTIGATION  IN  THE JOINT DETERMINATION OF THE DIVISION AND THE
   24  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, PRESENTS A SERIOUS
   25  AND IMMEDIATE RISK OF PERFORMING, PROMOTING, SUPPORTING  AND/OR  FACILI-
   26  TATING  A  TERRORIST ACT AGAINST THE PEOPLE AND/OR PROPERTY OF THE STATE
   27  OF NEW YORK, AND THAT A CERTIFICATION  SHOULD  BE  ISSUED  TO  ADD  SUCH
   28  PERSON TO THE NEW YORK STATE TERRORIST REGISTRY. IF THE COURT ISSUES THE
   29  CERTIFICATION  REQUESTED UNDER THIS SUBDIVISION, THEN THE DIVISION SHALL
   30  ADD SUCH PERSON TO THE NEW YORK STATE TERRORIST  REGISTRY,  AND  PROVIDE
   31  SUCH  PERSON  WITH  NOTIFICATION  IN ACCORDANCE WITH SECTION ONE HUNDRED
   32  SIXTY-NINE-E OF THIS ARTICLE.
   33    (B) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR  ORDER  WHERE
   34  THE COURT DENIES A CERTIFICATION SOUGHT UNDER THIS SUBDIVISION AND FAILS
   35  TO  DIRECT  THE  DIVISION  TO  ADD  THE PERSON WHO IS THE SUBJECT OF THE
   36  APPLICATION TO THE NEW YORK STATE TERRORIST REGISTRY. AN APPEAL OF  SUCH
   37  DENIAL  SHALL GO, AS OF RIGHT, TO THE COURT OF APPEALS, WHICH SHALL HEAR
   38  SUCH APPEAL WITHIN NINETY DAYS OF THE ISSUANCE OF THE  DECISION  OR  THE
   39  ENTRY  OF  THE ORDER DENYING THE CERTIFICATION SOUGHT BY THE DIVISION IN
   40  ACCORDANCE WITH THIS SUBDIVISION, WHICHEVER IS EARLIER. ANY PERSON  WHOM
   41  THE  COURT  DIRECTS SHALL HAVE THEIR NAME ADDED TO THE REGISTRY MAY ALSO
   42  APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL  OF  SUCH  DECISION  AND/OR
   43  ORDER  ADDING SUCH PERSON TO THE REGISTRY BY THE PERSON WHOSE NAME WOULD
   44  BE SO ADDED SHALL GO, AS OF RIGHT, TO  THE  APPELLATE  DIVISION  IN  THE
   45  DEPARTMENT  IN  WHICH SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT
   46  RESIDE IN NEW YORK STATE, TO THE APPELLATE DIVISION OF THE THIRD DEPART-
   47  MENT, WHICH SUCH APPELLATE DIVISION SHALL HEAR SUCH APPEAL WITHIN NINETY
   48  DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY OF THE  ORDER  ISSUING
   49  THE  CERTIFICATION  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS
   50  EARLIER.
   51    3. APPLICATION TO REMOVE A PERSON FROM THE REGISTRY. ANY PERSON  ADDED
   52  BY  THE  DIVISION  TO  THE NEW YORK STATE TERRORIST REGISTRY MAY SEEK AN
   53  ORDER OF  THE SUPREME COURT IN THE COUNTY WHERE SUCH REGISTRANT RESIDES,
   54  OR THE SUPREME COURT OF THE COUNTY OF ALBANY IF SUCH REGISTRANT DOES NOT
   55  RESIDE IN THE STATE OF NEW YORK, TO  HAVE  THEIR  NAME  AND  INFORMATION
   56  REMOVED FROM THE REGISTRY AS FOLLOWS:
       A. 6129--A                         18
    1    (A)  GROUNDS  FOR ORDER OF REMOVAL. THAT IN ORDER TO ISSUE AN ORDER TO
    2  REMOVE THE REGISTRANT AND THEIR INFORMATION  FROM  THE  NEW  YORK  STATE
    3  TERRORIST REGISTRY, THE COURT MUST FIND CONSIDERABLE GROUNDS THAT:
    4    (I)  THE  NATURE  AND CIRCUMSTANCES OF THE OFFENSE OR INCIDENT CAUSING
    5  THE PERSON TO BE DEFINED AS A TERRORIST DOES NOT MERIT THE PERSON'S NAME
    6  AND INFORMATION BEING ADDED TO THE REGISTRY;
    7    (II) THE HISTORY AND CHARACTER OF  SUCH  PERSON  DOES  NOT  MERIT  THE
    8  PERSON'S NAME AND INFORMATION BEING ADDED TO THE REGISTRY;
    9    (III) THE DIVISION, IN ADDING SUCH PERSON'S NAME TO THE REGISTRY ACTED
   10  IN  AN  ARBITRARY  AND  CAPRICIOUS  MANNER,  FAILED  TO  COMPLY WITH THE
   11  PROVISIONS OF THIS ARTICLE AND/OR THE PAST ACTIONS AND CURRENT  BEHAVIOR
   12  OF THE REGISTRANT DOES NOT MERIT HIS OR HER REGISTRATION FOR ANY REASON;
   13  AND
   14    (IV) THE COURT IS OF THE OPINION THAT SUCH REGISTRATION WOULD BE UNDU-
   15  LY HARSH AND INAPPROPRIATE.
   16    (B)  REMOVAL OF PERSON FROM THE REGISTRY. THAT WHERE THE SUPREME COURT
   17  FINDS THE CONSIDERABLE GROUNDS REQUIRED IN PARAGRAPH (A) OF THIS  SUBDI-
   18  VISION,  AND  ISSUES AN ORDER TO REMOVE A PERSON FROM THE NEW YORK STATE
   19  TERRORIST REGISTRY, THE DIVISION SHALL, IN ACCORDANCE  WITH  THIS  PARA-
   20  GRAPH AND PARAGRAPH (C) OF THIS SUBDIVISION, REMOVE SUCH PERSON FROM THE
   21  REGISTRY,  AND  PROVIDE  SUCH  PERSON WITH NOTIFICATION OF THEIR REMOVAL
   22  FROM THE REGISTRY.
   23    (C) APPEALS. THE DIVISION MAY APPEAL ANY DECISION AND/OR  ORDER  WHERE
   24  THE  COURT  DIRECTS  THE  DIVISION  TO REMOVE A PERSON FROM THE NEW YORK
   25  STATE TERRORIST REGISTRY. AN APPEAL OF SUCH DECISION AND/OR ORDER  SHALL
   26  GO,  AS  OF  RIGHT, TO THE COURT OF APPEALS WHICH SHALL HEAR SUCH APPEAL
   27  WITHIN NINETY DAYS OF THE ISSUANCE OF THE DECISION OR THE ENTRY  OF  THE
   28  ORDER  DIRECTING  THE  DIVISION TO REMOVE SUCH PERSON FROM THE REGISTRY,
   29  WHICHEVER IS EARLIER.  WHERE THE DIVISION APPEALS AN ORDER TO  REMOVE  A
   30  PERSON  FROM  THE  NEW YORK STATE TERRORIST REGISTRY, SUCH REMOVAL SHALL
   31  NOT BE PERFORMED BY THE DIVISION UNTIL THE FINAL APPEAL  IS  DECIDED  IN
   32  FAVOR  OF  THE PERSON SEEKING SUCH REMOVAL. ANY PERSON TO WHOM THE COURT
   33  DENIES A PETITION TO HAVE THEIR NAME REMOVED FROM  THE  NEW  YORK  STATE
   34  TERRORIST REGISTRY MAY ALSO APPEAL SUCH DECISION AND/OR ORDER. AN APPEAL
   35  OF SUCH DECISION AND/OR ORDER DENYING THE PETITION TO REMOVE SUCH PERSON
   36  FROM THE REGISTRY BY THE PERSON SEEKING TO HAVE THEIR NAME REMOVED SHALL
   37  GO,  AS  OF  RIGHT, TO THE APPELLATE DIVISION IN THE DEPARTMENT IN WHICH
   38  SUCH PERSON SO RESIDES, OR IF SUCH PERSON DOES NOT RESIDE  IN  NEW  YORK
   39  STATE,  TO  THE  APPELLATE  DIVISION OF THE THIRD DEPARTMENT, WHICH SUCH
   40  APPELLATE DIVISION SHALL HEAR SUCH APPEAL  WITHIN  NINETY  DAYS  OF  THE
   41  ISSUANCE  OF  THE  DECISION  OR  ENTRY OF THE ORDER DENYING THE PETITION
   42  SOUGHT IN ACCORDANCE WITH THIS SECTION, WHICHEVER IS EARLIER.
   43    S 169-J. RESPONSIBILITIES OF A CONFINEMENT ENTITY PRIOR  TO  DISCHARGE
   44  OF  A TERRORIST.   1. NOTIFICATION OF THE DIVISION. FOR EVERY TERRORIST,
   45  AS DEFINED IN SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF
   46  THIS  ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED IN
   47  SUBDIVISION EIGHTEEN OF SECTION ONE HUNDRED SIXTY-NINE-B OF  THIS  ARTI-
   48  CLE, SHALL NOTIFY THE DIVISION, IN A FORM AND MANNER PROVIDED FOR BY THE
   49  DIVISION,  OF  CERTAIN INFORMATION ON SUCH TERRORIST, INCLUDING, BUT NOT
   50  LIMITED TO, THE TERRORIST'S NAME, THE ADDRESS OF THE TERRORIST PRIOR  TO
   51  CONFINEMENT,  THE  EXPECTED  LENGTH OF CONFINEMENT OF THE TERRORIST, AND
   52  THE DATE OF EXPECTED RELEASE OF THE TERRORIST FROM  THE  FACILITY  MAIN-
   53  TAINED  BY  THE  CONFINEMENT  ENTITY.  THE NOTIFICATION REQUIRED BY THIS
   54  SUBDIVISION SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
   55  THIS ARTICLE, OR IF THE CONFINEMENT ENTITY TAKES CUSTODY OF SUCH TERROR-
   56  IST AFTER THE EFFECTIVE DATE OF THIS ARTICLE,  THEN  SUCH  NOTICE  SHALL
       A. 6129--A                         19
    1  TAKE  PLACE  WITHIN  THIRTY DAYS OF THE COMMENCEMENT OF THE DATE OF SUCH
    2  CUSTODY OF SUCH TERRORIST.
    3    2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
    4  IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
    5  OF  THIS ARTICLE, WITHIN ITS CUSTODY, THE CONFINEMENT ENTITY, AS DEFINED
    6  IN SUBDIVISION EIGHTEEN OF SECTION  ONE  HUNDRED  SIXTY-NINE-B  OF  THIS
    7  ARTICLE,  SHALL  INFORM  SUCH  TERRORIST OF THEIR DUTY AND OBLIGATION TO
    8  REGISTER UNDER THIS ARTICLE. SUCH NOTIFICATION SHALL BE IN  A  FORM  AND
    9  MANNER  PROVIDED BY THE DIVISION. THE FAILURE OF THE DIVISION, OR OF THE
   10  CONFINEMENT ENTITY, TO PROVIDE, OR  THE  FAILURE  OF  THE  TERRORIST  TO
   11  RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST OF ANY DUTY AND/OR
   12  OBLIGATION  UNDER THIS ARTICLE. THE NOTIFICATION REQUIRED BY THIS SUBDI-
   13  VISION SHALL TAKE PLACE NOT LESS THAN SIXTY CALENDAR DAYS PRIOR  TO  THE
   14  RELEASE,  DISCHARGE,  PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR ANY
   15  OTHER RELEASE, OF THE TERRORIST, FROM THE  CUSTODY  OF  THE  CONFINEMENT
   16  ENTITY,  BUT IN THE EVENT THE CONFINEMENT ENTITY IS UNABLE TO NOTIFY THE
   17  TERRORIST AT LEAST SIXTY DAYS PRIOR TO SUCH RELEASE, DISCHARGE,  PAROLE,
   18  RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AS REQUIRED BY
   19  THIS  SUBDIVISION,  THE  CONFINEMENT  ENTITY  SHALL PROVIDE AN EMERGENCY
   20  NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER BY THE DIVISION.
   21    3. REGISTRATION AT  THE  FACILITY.  IMMEDIATELY  AFTER  PROVIDING  THE
   22  TERRORIST  WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
   23  THIS SECTION, THE CONFINEMENT ENTITY SHALL PRESENT  EVERY  TERRORIST  IN
   24  THEIR  CUSTODY WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
   25  TERRORIST REGISTRY WITH A REGISTRATION PACKET AS DEFINED IN  SUBDIVISION
   26  ONE  OF SECTION ONE HUNDRED SIXTY-NINE-E OF THIS ARTICLE, AS PROVIDED BY
   27  THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE  SUCH  PACKET  READ  AND
   28  EXPLAINED  TO  THE  TERRORIST,  AND  AFTER SUCH READING AND EXPLANATION,
   29  SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
   30    (A) COMPLETE AND SIGN THE  STANDARDIZED  REGISTRATION  FORM  CONTAINED
   31  WITHIN SUCH REGISTRATION PACKET;
   32    (B)  PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL REGISTRA-
   33  TION PHOTOGRAPH;
   34    (C) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF  A  COMPLETE  SET  OF
   35  FINGERPRINTS; AND
   36    (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
   37    4.  FAILURE  OF  A  TERRORIST TO REGISTER. NO CONFINEMENT ENTITY SHALL
   38  RELEASE, DISCHARGE, PAROLE,  RELEASE  TO  POST-RELEASE  SUPERVISION,  OR
   39  PROVIDE  ANY  OTHER RELEASE FOR ANY TERRORIST REQUIRED TO REGISTER UNDER
   40  THIS ARTICLE, WHO HAS NOT PREVIOUSLY REGISTERED WITH THE NEW YORK  STATE
   41  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING  A  COMPLETED AND SIGNED
   42  STANDARDIZED REGISTRATION FORM, AN INITIAL PHOTOGRAPH, A COMPLETE SET OF
   43  FINGERPRINTS, AND A DNA SAMPLE FROM SUCH TERRORIST PURSUANT TO  SUBDIVI-
   44  SION THREE OF THIS SECTION.
   45    5.  SATISFACTION  OF  DUTY  TO INITIALLY APPEAR BEFORE LAW ENFORCEMENT
   46  AGENCY HAVING JURISDICTION. THE COLLECTION BY THE CONFINEMENT ENTITY  OF
   47  THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   48  SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
   49  SECTION, SHALL RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR
   50  BEFORE THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE COLLECTION
   51  OF THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   52  SAMPLE,  BUT  SHALL  NOT  RELIEVE SUCH TERRORIST FROM THEIR DUTY TO PAY,
   53  WITHIN FIFTEEN DAYS OF RELEASE FROM  THE  CONFINEMENT  ENTITY,  THE  ONE
   54  HUNDRED DOLLAR FEE REQUIRED PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-P
   55  OF THIS ARTICLE, OR THE DUTY TO APPEAR BEFORE SUCH LAW ENFORCEMENT AGEN-
   56  CY  HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING A CHANGE OF ADDRESS
       A. 6129--A                         20
    1  FORM, OR THE DUTY TO APPEAR OR RE-APPEAR  BEFORE  SUCH  LAW  ENFORCEMENT
    2  AGENCY HAVING JURISDICTION FOR THE PURPOSE OF PROVIDING AN ANNUAL UPDATE
    3  TO THE TERRORIST'S INITIAL PHOTOGRAPH.
    4    6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
    5  REGISTRATION FORM BY THE TERRORIST, THE CONFINEMENT ENTITY  SHALL  IMME-
    6  DIATELY  RECORD  FROM  SUCH  STANDARDIZED REGISTRATION FORM, THE ADDRESS
    7  WHERE THE TERRORIST EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE,
    8  RELEASE TO POST-RELEASE SUPERVISION OR ANY OTHER RELEASE, AND SHALL KEEP
    9  AND MAINTAIN A RECORD OF SUCH ADDRESS.
   10    7. TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON  THE
   11  COMPLETION  OF  THE  STANDARDIZED  REGISTRATION FORM BY THE TERRORIST IN
   12  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE CONFINEMENT ENTI-
   13  TY SHALL IMMEDIATELY GIVE ONE COPY OF THE COMPLETED AND SIGNED STANDARD-
   14  IZED REGISTRATION FORM TO THE  TERRORIST,  MAINTAIN  ONE  COPY  OF  SUCH
   15  COMPLETED  AND SIGNED FORM FOR THE CONFINEMENT ENTITY'S OWN RECORDS, AND
   16  SHALL FURTHER IMMEDIATELY TRANSMIT TO THE DIVISION,  BY  THE  MEANS  AND
   17  MANNER  PROVIDED  BY  THE  DIVISION,  THE  ORIGINAL COMPLETED AND SIGNED
   18  STANDARDIZED REGISTRATION FORM.
   19    8. TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION  OF
   20  THE  INITIAL  PHOTOGRAPH,  THE COMPLETE SET OF FINGERPRINTS, AND THE DNA
   21  SAMPLE FROM THE TERRORIST IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS
   22  SECTION,  THE CONFINEMENT ENTITY SHALL IMMEDIATELY TRANSMIT TO THE DIVI-
   23  SION THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE
   24  DNA SAMPLE, BY THE MEANS AND MANNER PROVIDED BY THE DIVISION.
   25    9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
   26  EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
   27  CONFINEMENT  ENTITY  SHALL  THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE
   28  DIVISION, ANY AND ALL THE CONVICTION DATA AND  PERSONAL  INFORMATION  OF
   29  ANY  TERRORIST,  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED
   30  SIXTY-NINE-B OF THIS ARTICLE, WITHIN  THE  CUSTODY  OF  THE  CONFINEMENT
   31  ENTITY.
   32    10.  SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON RECEIPT
   33  OF THE CONVICTION DATA AND PERSONAL  INFORMATION  OF  THE  TERRORIST  IN
   34  ACCORDANCE  WITH  SUBDIVISION  NINE  OF THIS SECTION, THE DIVISION SHALL
   35  IMMEDIATELY TRANSMIT SUCH CONVICTION DATA AND  PERSONAL  INFORMATION  TO
   36  THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, THE FEDERAL
   37  BUREAU OF INVESTIGATION, AND THE UNITED STATES  DEPARTMENT  OF  HOMELAND
   38  SECURITY.
   39    S  169-K.  RESPONSIBILITIES DURING COMMUNITY SUPERVISION OR PROBATION.
   40  1. NOTIFICATION OF THE DIVISION. FOR  EVERY  TERRORIST,  AS  DEFINED  IN
   41  SUBDIVISION  ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, ON
   42  COMMUNITY  SUPERVISION  OR  PROBATION,  THE  DEPARTMENT  OR  OFFICE   OF
   43  PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL NOTIFY THE DIVISION, IN A
   44  FORM AND MANNER PROVIDED FOR BY THE DIVISION, OF CERTAIN INFORMATION  ON
   45  SUCH TERRORIST, INCLUDING, BUT NOT LIMITED TO, THE TERRORIST'S NAME, THE
   46  ADDRESS   OF  THE  TERRORIST  PRIOR  TO  THE  COMMUNITY  SUPERVISION  OR
   47  PROBATION, THE CURRENT ADDRESS OF THE TERRORIST, THE EXPECTED LENGTH  OF
   48  COMMUNITY  SUPERVISION  OR  PROBATION  OF THE TERRORIST, AND THE DATE OF
   49  EXPECTED RELEASE OF THE TERRORIST  FROM  THE  COMMUNITY  SUPERVISION  OR
   50  PROBATION.    THE  NOTIFICATION  REQUIRED BY THIS SUBDIVISION SHALL TAKE
   51  PLACE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  OR  IF
   52  THE  TERRORIST  COMMENCES  COMMUNITY  SUPERVISION OR PROBATION AFTER THE
   53  EFFECTIVE DATE OF THIS ARTICLE, THEN SUCH NOTICE SHALL TAKE PLACE WITHIN
   54  THIRTY DAYS OF THE COMMENCEMENT OF THE DATE  OF  SUCH  COMMUNITY  SUPER-
   55  VISION OR PROBATION.
       A. 6129--A                         21
    1    2.  NOTIFICATION OF DUTY AND OBLIGATION TO REGISTER. FOR EVERY TERROR-
    2  IST, AS DEFINED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-NINE-B
    3  OF  THIS  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION, THE DEPARTMENT
    4  OR OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL  INFORM  SUCH
    5  TERRORIST  OF  THEIR DUTY AND OBLIGATION TO REGISTER UNDER THIS ARTICLE.
    6  SUCH NOTIFICATION SHALL BE IN A FORM AND MANNER PROVIDED  BY  THE  DIVI-
    7  SION.  THE  FAILURE  OF  THE DIVISION, OR OF THE DEPARTMENT OR OFFICE OF
    8  PROBATION AND CORRECTIONAL ALTERNATIVES, TO PROVIDE, OR THE  FAILURE  OF
    9  THE  TERRORIST  TO RECEIVE, SUCH NOTICE, SHALL NOT RELIEVE THE TERRORIST
   10  OF ANY DUTY AND/OR  OBLIGATION  UNDER  THIS  ARTICLE.  THE  NOTIFICATION
   11  REQUIRED  BY  THIS  SUBDIVISION  SHALL  TAKE  PLACE NOT LESS THAN THIRTY
   12  CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, BUT IN THE EVENT
   13  THE DEPARTMENT OR OFFICE OF PROBATION AND CORRECTIONAL  ALTERNATIVES  IS
   14  UNABLE  TO  NOTIFY  THE  TERRORIST  AS REQUIRED BY THIS SUBDIVISION, THE
   15  DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
   16  PROVIDE AN EMERGENCY NOTIFICATION TO THE TERRORIST, IN A FORM AND MANNER
   17  PROVIDED BY THE DIVISION.
   18    3.  REGISTRATION  BY THE DEPARTMENT OR OFFICE OF PROBATION AND CORREC-
   19  TIONAL ALTERNATIVES. IMMEDIATELY AFTER PROVIDING THE TERRORIST WITH  THE
   20  NOTIFICATION  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
   21  DEPARTMENT OR OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  SHALL
   22  PRESENT  EVERY  TERRORIST,  AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
   23  HUNDRED SIXTY-NINE-B  OF  THIS  ARTICLE,  ON  COMMUNITY  SUPERVISION  OR
   24  PROBATION,  WHO  HAS  NOT  PREVIOUSLY REGISTERED WITH THE NEW YORK STATE
   25  TERRORIST REGISTRY, WITH A REGISTRATION PACKET, AS DEFINED  IN  SUBDIVI-
   26  SION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-E  OF  THIS ARTICLE, AS
   27  PROVIDED BY THE DIVISION, AND SHALL FURTHER ARRANGE TO HAVE SUCH  PACKET
   28  READ AND EXPLAINED TO THE TERRORIST, AND AFTER SUCH READING AND EXPLANA-
   29  TION, SHALL ADDITIONALLY REQUIRE THE TERRORIST TO:
   30    (A)  COMPLETE  AND  SIGN  THE STANDARDIZED REGISTRATION FORM CONTAINED
   31  WITHIN SUCH REGISTRATION PACKET;
   32    (B) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF AN INITIAL  REGISTRA-
   33  TION PHOTOGRAPH;
   34    (C)  PRESENT  HIMSELF  OR  HERSELF FOR THE TAKING OF A COMPLETE SET OF
   35  FINGERPRINTS; AND
   36    (D) PRESENT HIMSELF OR HERSELF FOR THE TAKING OF A DNA SAMPLE.
   37    4. FAILURE OF A TERRORIST TO REGISTER. NEITHER THE DEPARTMENT NOR  THE
   38  OFFICE  OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES  SHALL RELEASE OR
   39  DISCHARGE FROM PROBATION OR COMMUNITY SUPERVISION ANY TERRORIST REQUIRED
   40  TO REGISTER UNDER THIS ARTICLE WHO HAS NOT  PREVIOUSLY  REGISTERED  WITH
   41  THE  NEW  YORK  STATE  TERRORIST  REGISTRY,  WITHOUT  FIRST  OBTAINING A
   42  COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM, AN  INITIAL  PHOTO-
   43  GRAPH,  A  COMPLETE  SET  OF  FINGERPRINTS,  AND A DNA SAMPLE, FROM SUCH
   44  TERRORIST PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   45    5. SATISFACTION OF DUTY TO INITIALLY  APPEAR  BEFORE  LAW  ENFORCEMENT
   46  AGENCY  HAVING  JURISDICTION.  THE  COLLECTION  BY THE DEPARTMENT OR THE
   47  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, OF THE INITIAL PHOTO-
   48  GRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA  SAMPLE,  FROM  THE
   49  TERRORIST,  IN  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, SHALL
   50  RELIEVE THE TERRORIST FROM THEIR DUTY TO INITIALLY APPEAR BEFORE THE LAW
   51  ENFORCEMENT AGENCY  HAVING  JURISDICTION,  FOR  THE  COLLECTION  OF  THE
   52  INITIAL  PHOTOGRAPH,  THE  COMPLETE  SET  OF  FINGERPRINTS,  AND THE DNA
   53  SAMPLE, BUT SHALL NOT RELIEVE SUCH TERRORIST FROM  THEIR  DUTY  TO  PAY,
   54  WITHIN  FIFTEEN DAYS OF RELEASE FROM PROBATION OR COMMUNITY SUPERVISION,
   55  THE ONE HUNDRED DOLLAR FEE REQUIRED  PURSUANT  TO  SECTION  ONE  HUNDRED
   56  SIXTY-NINE-P  OF  THIS  ARTICLE,  OR  THE DUTY TO APPEAR BEFORE SUCH LAW
       A. 6129--A                         22
    1  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE  OF  PROVIDING  A
    2  CHANGE  OF  ADDRESS FORM, OR THE DUTY TO APPEAR OR RE-APPEAR BEFORE SUCH
    3  LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE PURPOSE OF  PROVIDING
    4  AN ANNUAL UPDATE TO THE TERRORIST'S INITIAL PHOTOGRAPH.
    5    6.  RECORDING  OF  ADDRESS.  UPON  THE  COMPLETION OF THE STANDARDIZED
    6  REGISTRATION FORM BY THE TERRORIST, THE  DEPARTMENT  OR  THE  OFFICE  OF
    7  PROBATION  AND  CORRECTIONAL  ALTERNATIVES SHALL IMMEDIATELY RECORD FROM
    8  SUCH STANDARDIZED REGISTRATION FORM, THE  ADDRESS  WHERE  THE  TERRORIST
    9  EXPECTS  TO  RESIDE  UPON HIS OR HER RELEASE OR DISCHARGE FROM COMMUNITY
   10  SUPERVISION OR PROBATION, AND SHALL KEEP AND MAINTAIN A RECORD  OF  SUCH
   11  ADDRESS.
   12    7.  TRANSMISSION  OF  THE  STANDARDIZED  REGISTRATION  FORM.  UPON THE
   13  COMPLETION OF THE STANDARDIZED REGISTRATION FORM BY  THE  TERRORIST,  IN
   14  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT OR THE
   15  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES SHALL IMMEDIATELY GIVE
   16  ONE  COPY  OF THE COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM TO
   17  THE TERRORIST, MAINTAIN ONE COPY OF SUCH COMPLETED AND SIGNED  FORM  FOR
   18  THE  CONFINEMENT  ENTITY'S  OWN  RECORDS,  AND SHALL FURTHER IMMEDIATELY
   19  TRANSMIT TO THE DIVISION, BY THE MEANS AND MANNER PROVIDED BY THE  DIVI-
   20  SION, THE ORIGINAL COMPLETED AND SIGNED STANDARDIZED REGISTRATION FORM.
   21    8.  TRANSMISSION OF THE REGISTRATION MATERIALS. UPON THE COLLECTION OF
   22  THE INITIAL PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS,  AND  THE  DNA
   23  SAMPLE, FROM THE TERRORIST, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
   24  SECTION,  THE  DEPARTMENT  OR  THE  OFFICE OF PROBATION AND CORRECTIONAL
   25  ALTERNATIVES SHALL IMMEDIATELY TRANSMIT TO  THE  DIVISION,  THE  INITIAL
   26  PHOTOGRAPH, THE COMPLETE SET OF FINGERPRINTS, AND THE DNA SAMPLE, BY THE
   27  MEANS AND MANNER PROVIDED BY THE DIVISION.
   28    9.  CONVICTION  DATA  AND  PERSONAL INFORMATION. AT ANY TIME AFTER THE
   29  EFFECTIVE DATE OF THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST,  AND  THE
   30  DEPARTMENT  OR  THE  OFFICE  OF  PROBATION AND CORRECTIONAL ALTERNATIVES
   31  SHALL THEN IMMEDIATELY PROVIDE AND TRANSMIT TO THE DIVISION, ANY AND ALL
   32  THE CONVICTION DATA  AND  PERSONAL  INFORMATION  OF  ANY  TERRORIST,  AS
   33  DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS
   34  ARTICLE, ON COMMUNITY SUPERVISION OR PROBATION.
   35    10. SHARING OF CONVICTION DATA AND PERSONAL INFORMATION. UPON  RECEIPT
   36  OF  THE  CONVICTION  DATA  AND PERSONAL INFORMATION OF THE TERRORIST, IN
   37  ACCORDANCE WITH SUBDIVISION NINE OF THIS  SECTION,  THE  DIVISION  SHALL
   38  IMMEDIATELY  TRANSMIT  SUCH  CONVICTION DATA AND PERSONAL INFORMATION TO
   39  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE  FEDERAL
   40  BUREAU  OF  INVESTIGATION,  AND  THE UNITED STATE DEPARTMENT OF HOMELAND
   41  SECURITY.
   42    S 169-L. DURATION OF REGISTRATION AND VERIFICATION.  THE  DURATION  OF
   43  REGISTRATION OF A TERRORIST ADDED TO THE NEW YORK STATE TERRORIST REGIS-
   44  TRY  SHALL BE FOR LIFE, AND THE DUTY AND OBLIGATION TO PROVIDE VERIFICA-
   45  TION BY SUCH TERRORIST SHALL BE QUARTERLY FOR LIFE.
   46    S 169-M. NOTIFICATION OF CHANGE OF ADDRESS. 1.  DUTY AND OBLIGATION TO
   47  NOTIFY DIVISION OF CHANGE OF ADDRESS.  IN  ACCORDANCE  WITH  SUBDIVISION
   48  FIVE  OF SECTION ONE HUNDRED SIXTY-NINE-H OF THIS ARTICLE, ANY TERRORIST
   49  ADDED TO THE NEW YORK STATE TERRORIST REGISTRY WHO IS A RESIDENT OF  NEW
   50  YORK  STATE SHALL, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THIS
   51  ARTICLE, REGISTER HIS OR HER CURRENT RESIDENTIAL ADDRESS AND THE ADDRESS
   52  OF HIS OR HER PLACE OF EMPLOYMENT OR  EDUCATIONAL  INSTITUTION  ATTENDED
   53  WITH  THE DIVISION, AND SHALL NOTIFY THE DIVISION OF ANY CHANGE OF RESI-
   54  DENCE, EMPLOYMENT OR EDUCATIONAL INSTITUTION ADDRESS IN ACCORDANCE  WITH
   55  THE PROVISIONS OF THIS ARTICLE.
       A. 6129--A                         23
    1    2.  NOTIFICATION OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF A CHANGE OF
    2  ADDRESS BY A TERRORIST REQUIRED  TO  REGISTER  UNDER  THIS  ARTICLE,  IN
    3  ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS SECTION, THE DIVISION SHALL
    4  IMMEDIATELY NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING  JURISDICTION
    5  OF  THE  NEW  PLACE OF RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCA-
    6  TIONAL INSTITUTION ATTENDED, AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING
    7  JURISDICTION WHERE THE TERRORIST LAST RESIDED, WORKED OR ATTENDED EDUCA-
    8  TIONAL INSTRUCTION, OF SUCH CHANGE OF ADDRESS.
    9    3. REQUIREMENTS OF LOCAL LAW ENFORCEMENT. UPON RECEIPT OF  THE  CHANGE
   10  OF  ADDRESS  INFORMATION  FROM THE DIVISION, SENT TO THE LAW ENFORCEMENT
   11  AGENCY HAVING JURISDICTION, IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS
   12  SECTION,  THE  LOCAL  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION SHALL
   13  ADHERE TO ALL THE PROVISIONS AND REQUIREMENTS SET FORTH IN THIS ARTICLE.
   14    4. NOTIFICATION OF OTHER JURISDICTIONS. THE  DIVISION  SHALL,  IF  THE
   15  TERRORIST CHANGES HIS OR HER RESIDENCE TO ANOTHER STATE OR NATION, NOTI-
   16  FY  THE  APPROPRIATE AGENCY WITHIN THAT STATE OR NATION OF THE NEW PLACE
   17  OF RESIDENCE.
   18    169-N. REGISTRY INFORMATION SHARING.  1. SHARING OF  INFORMATION  WITH
   19  NEW  YORK  AND FEDERAL ENTITIES. THE DIVISION, PURSUANT TO THIS SECTION,
   20  IS AUTHORIZED TO SHARE THE NEW YORK STATE TERRORIST REGISTRY, AND ALL OF
   21  ITS INFORMATION CONTAINED THEREIN, WITH THE DIVISION OF HOMELAND SECURI-
   22  TY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DEPARTMENT,
   23  ANY COURT OF THE UNIFIED COURT SYSTEM, THE NEW YORK CITY POLICE  DEPART-
   24  MENT,  THE  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY, THE UNITED
   25  STATES DEPARTMENT OF JUSTICE, THE UNITED STATES DEPARTMENT OF STATE, THE
   26  OFFICE OF THE DIRECTOR  OF  NATIONAL  INTELLIGENCE,  THE  UNITED  STATES
   27  CENTRAL INTELLIGENCE AGENCY, AND ANY LOCAL, STATE, NATIONAL AND INTERNA-
   28  TIONAL LAW ENFORCEMENT ENTITY, AND/OR ANY OTHER ENTITY THAT THE DIVISION
   29  DEEMS  APPROPRIATE  TO  ADVANCE  THE  PURPOSES  OF THIS ARTICLE. FOR THE
   30  PURPOSES OF THIS SECTION, THE SHARING OF INFORMATION SHALL  INCLUDE  THE
   31  PROVISION  OF  INFORMATION FROM THE NEW YORK STATE TERRORIST REGISTRY TO
   32  THE ENTITIES AUTHORIZED UNDER THIS SECTION, AS WELL AS THE  RECEIPT  AND
   33  INCORPORATION OF INFORMATION INTO NEW YORK STATE TERRORIST REGISTRY FROM
   34  THE ENTITIES AUTHORIZED UNDER THIS SECTION.
   35    2.  SHARING OF INFORMATION WITH OTHER REGISTRY ENTITIES. THE DIVISION,
   36  PURSUANT TO THIS SECTION, IS FURTHER AUTHORIZED TO SHARE  THE  NEW  YORK
   37  STATE  TERRORIST REGISTRY, AND ALL OF ITS INFORMATION CONTAINED THEREIN,
   38  WITH ANY OTHER STATE,  REGIONAL  OR  NATIONAL  REGISTRY  OF  TERRORISTS,
   39  INCLUDING  BUT  NOT  LIMITED  TO, THE TERRORIST SCREENING DATABASE MAIN-
   40  TAINED BY THE FEDERAL  BUREAU  OF  INVESTIGATION'S  TERRORIST  SCREENING
   41  CENTER, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY THE DIVISION OF
   42  THE  STATE  POLICE, AND/OR ANY AND ALL OTHER DATABASES MAINTAINED BY ANY
   43  LOCAL, STATE,  NATIONAL  AND  INTERNATIONAL  LAW  ENFORCEMENT  ENTITIES,
   44  AND/OR  ANY  OTHER ENTITY THAT MAINTAINS A CRIMINAL JUSTICE OR TERRORIST
   45  DATABASE THAT THE DIVISION DEEMS APPROPRIATE TO ADVANCE THE PURPOSES  OF
   46  THIS  ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE SHARING OF INFORMA-
   47  TION SHALL INCLUDE THE PROVISION OF INFORMATION FROM THE NEW YORK  STATE
   48  TERRORIST  REGISTRY  TO  THE  ENTITIES AUTHORIZED UNDER THIS SECTION, AS
   49  WELL AS THE RECEIPT AND INCORPORATION OF INFORMATION INTO NEW YORK STATE
   50  TERRORIST REGISTRY FROM THE ENTITIES AUTHORIZED UNDER THIS SECTION.
   51    3. REVIEW OF REGISTRY FOR SECURE INFORMATION. THE  DIVISION,  PURSUANT
   52  TO  THIS SECTION, IN CONSULTATION WITH THE DIVISION OF HOMELAND SECURITY
   53  AND EMERGENCY SERVICES AND THE DIVISION OF STATE  POLICE,  SHALL  REVIEW
   54  THE  INFORMATION CONTAINED ON THE NEW YORK STATE TERRORIST REGISTRY, AND
   55  SHALL DETERMINE WHETHER THE DISCLOSURE  OF  ANY  PARTICULAR  INFORMATION
   56  CONTAINED  ON  THE  REGISTRY  MAY CAUSE A SECURITY RISK TO THE PEOPLE OR
       A. 6129--A                         24
    1  PROPERTY OF THE STATE OF NEW YORK. UPON THE REVIEW  MADE  IN  ACCORDANCE
    2  WITH  THIS  SUBDIVISION,  AND  UPON  A DETERMINATION THAT ANY PARTICULAR
    3  INFORMATION NEEDS TO BE DEEMED SECURE, THE DIVISION  SHALL  REMOVE  SUCH
    4  SECURE  INFORMATION  FROM PUBLIC ACCESSIBILITY, INCLUDING EXEMPTING SUCH
    5  INFORMATION FROM THE REQUIREMENTS  OF  THE  POSTING  ON  THE  DIVISION'S
    6  WEBSITE,  PURSUANT  TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE,
    7  OR PROVIDING OF SUCH INFORMATION THROUGH THE SPECIAL TELEPHONE NUMBER IN
    8  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NINE-Q OF  THIS  ARTICLE.  ANY
    9  INFORMATION  DEEMED  SECURE  PURSUANT  TO  THIS SUBDIVISION SHALL NOT BE
   10  SUBJECT TO THE PROVISIONS OF THE NEW YORK STATE FREEDOM  OF  INFORMATION
   11  LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   12    4. SECURE INFORMATION SHARABLE. IN NO EVENT SHALL A DETERMINATION MADE
   13  BY  THE  DIVISION,  THAT  PARTICULAR INFORMATION SHALL BE DEEMED SECURE,
   14  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PREVENT THE DIVISION FROM
   15  SHARING SUCH SECURE INFORMATION  WITH  ANY  ENTITY  IDENTIFIED  FOR  THE
   16  REGISTRY  INFORMATION SHARING PURSUANT TO THIS SECTION, BUT THE DIVISION
   17  MAY PLACE SHARING RESTRICTIONS ON SUCH SECURE INFORMATION, AS DETERMINED
   18  BY THE DIVISION, WHEN SHARING SUCH SECURE INFORMATION WITH OTHER AUTHOR-
   19  IZED SHARING ENTITIES, IN ACCORDANCE WITH SUBDIVISION  ONE  AND  TWO  OF
   20  THIS  SECTION,  COULD  RESULT  IN  THE  INAPPROPRIATE DISCLOSURE OF SUCH
   21  SECURE INFORMATION.
   22    S 169-O. DNA AND FINGERPRINT CUSTODY AND ANALYSIS. 1. SECURE CUSTODIAL
   23  COLLECTION. THE DIVISION, PURSUANT TO THIS SECTION,  SHALL  PROVIDE  FOR
   24  THE SECURE CUSTODIAL COLLECTION OF THE DNA SAMPLE AND FINGERPRINTS TAKEN
   25  FROM  THE  TERRORIST  BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
   26  THE CONFINEMENT ENTITY, OR THE DEPARTMENT OR  OFFICE  OF  PROBATION  AND
   27  CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
   28  ARTICLE. THE DIVISION SHALL FURTHER DEVELOP BY REGULATION, PROTOCOLS FOR
   29  SUCH SECURE CUSTODIAL COLLECTION OF  THE  DNA  SAMPLE  AND  FINGERPRINTS
   30  COLLECTED  FROM  THE  TERRORIST, AND SHALL MAKE AVAILABLE AN INFORMATION
   31  PACKET TO EXPLAIN THE SECURE PROTOCOLS TO ALL LAW  ENFORCEMENT  AGENCIES
   32  HAVING  JURISDICTION,  ALL  CONFINEMENT ENTITIES, THE DEPARTMENT AND THE
   33  OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
   34    2. SECURE CUSTODIAL TRANSFER OF DNA. THE DIVISION,  PURSUANT  TO  THIS
   35  SECTION,  SHALL  PROVIDE  FOR  THE  SECURE CUSTODIAL TRANSFER OF THE DNA
   36  SAMPLE COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY HAVING
   37  JURISDICTION, THE CONFINEMENT ENTITY, THE DEPARTMENT, OR THE  OFFICE  OF
   38  PROBATION   AND   CORRECTIONAL  ALTERNATIVES,  IN  ACCORDANCE  WITH  THE
   39  PROVISIONS OF THIS ARTICLE, TO THE LABORATORY MAINTAINED BY THE DIVISION
   40  OF STATE POLICE, AND/OR ANY  OTHER  APPROVED  DNA  ANALYSIS  ENTITY,  AS
   41  CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STORAGE AND ANAL-
   42  YSIS OF SUCH DNA SAMPLE.
   43    3.  SECURE  CUSTODIAL TRANSFER OF FINGERPRINTS. THE DIVISION, PURSUANT
   44  TO THIS SECTION, SHALL PROVIDE FOR THE SECURE CUSTODIAL TRANSFER OF  THE
   45  FINGERPRINTS  COLLECTED FROM THE TERRORIST BY THE LAW ENFORCEMENT AGENCY
   46  HAVING JURISDICTION, THE CONFINEMENT  ENTITY,  THE  DEPARTMENT,  OR  THE
   47  OFFICE  OF  PROBATION  AND CORRECTIONAL ALTERNATIVES, IN ACCORDANCE WITH
   48  THE PROVISIONS OF THIS ARTICLE, TO  THE  LABORATORY  MAINTAINED  BY  THE
   49  DIVISION OF STATE POLICE, AND/OR ANY OTHER APPROVED FINGERPRINT ANALYSIS
   50  ENTITY,  AS CONTRACTED WITH BY THE DIVISION, FOR THE PRESERVATION, STOR-
   51  AGE AND ANALYSIS OF SUCH FINGERPRINTS.
   52    4. STATE DNA IDENTIFICATION INDEX. THE DIVISION SHALL FURTHER  PROVIDE
   53  FOR  THE  SUBSEQUENT SECURE CUSTODIAL TRANSFER OF THE DNA SAMPLE, AND/OR
   54  THE ANALYSIS PRODUCED, TO THE STATE DNA IDENTIFICATION INDEX, MAINTAINED
   55  PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
       A. 6129--A                         25
    1    S 169-P. REGISTRY AND VERIFICATION FEES. 1. CHARGING  OF  FEES.    THE
    2  DIVISION, PURSUANT TO THIS SECTION, SHALL:
    3    (A)  CHARGE  A FEE OF ONE HUNDRED DOLLARS FOR THE INITIAL REGISTRATION
    4  OF THE TERRORIST;
    5    (B) CHARGE A FEE OF TEN DOLLARS EACH TIME A  TERRORIST  REGISTERS  ANY
    6  CHANGE OF ADDRESS; AND
    7    (C)  CHARGE  A  FEE  OF  TEN  DOLLARS EACH TIME A TERRORIST APPEARS TO
    8  PERMIT THE TAKING OF AN UPDATED ANNUAL PHOTOGRAPH.
    9    2. PAYMENT OF FEES. ALL FEES CHARGED PURSUANT TO THIS SECTION SHALL BE
   10  PAID TO THE DIVISION BY THE TERRORIST AT THE TIME AND MANNER  PRESCRIBED
   11  BY THE DIVISION.
   12    3.  WAIVER OF FEES. THE DIVISION MAY PROVIDE, ON A CASE BY CASE BASIS,
   13  FOR A WAIVER OF ANY FEE TO BE CHARGED PURSUANT TO THIS SECTION,  OR  MAY
   14  FURTHER AUTHORIZE, ON A CASE BY CASE BASIS, FOR A DELAYED OR INSTALLMENT
   15  PAYMENT OF A FEE TO BE CHARGED PURSUANT TO THIS SECTION.
   16    4.  DEPOSIT  AUTHORIZATION. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
   17  TO DEPOSIT ANY AND ALL FEES COLLECTED PURSUANT TO THIS SECTION INTO  THE
   18  GENERAL FUND.
   19    S  169-Q.  SPECIAL TELEPHONE NUMBER. 1. TOLL FREE NUMBER. THE DIVISION
   20  SHALL OPERATE A TELEPHONE NUMBER THAT MEMBERS OF  THE  PUBLIC  MAY  CALL
   21  FREE  OF CHARGE TO INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO REGIS-
   22  TER PURSUANT TO THIS ARTICLE IS LISTED ON THE NEW YORK  STATE  TERRORIST
   23  REGISTRY,  AND  TO  OBTAIN  PUBLICLY AVAILABLE REGISTRY INFORMATION WITH
   24  RESPECT TO SUCH TERRORIST.
   25    2. RECEIPT OF, AND RESPONSE TO, CALLS TO THE SPECIAL TELEPHONE NUMBER.
   26  UPON THE RECEIPT OF A CALL TO THE SPECIAL TELEPHONE NUMBER PROVIDED  FOR
   27  IN THIS SECTION, THE DIVISION SHALL:
   28    (A)  ASK  THE  CALLER  FOR A NAME OF AN INDIVIDUAL ON WHICH THE CALLER
   29  WOULD LIKE TO OBTAIN INFORMATION.
   30    (B) ASCERTAIN WHETHER SUCH NAMED INDIVIDUAL REASONABLY APPEARS TO BE A
   31  PERSON LISTED ON THE REGISTRY, AND IN DECIDING WHETHER SUCH NAMED  INDI-
   32  VIDUAL  REASONABLY  APPEARS  TO  BE A PERSON LISTED ON THE REGISTRY, THE
   33  DIVISION SHALL REQUIRE THE CALLER TO PROVIDE INFORMATION ON ANY THREE OF
   34  THE FOLLOWING:
   35    (I) AN EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER,  IF  ANY,  OF
   36  THE TERRORIST;
   37    (II)  THE  DRIVER'S LICENSE NUMBER OR NON-DRIVER'S IDENTIFICATION CARD
   38  NUMBER OF THE TERRORIST;
   39    (III) THE DATE OF BIRTH OF THE TERRORIST;
   40    (IV) THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION  NUMBER  OF
   41  THE TERRORIST;
   42    (V) THE COUNTRY OF ORIGIN OF THE TERRORIST;
   43    (VI)  THE  CRIME OF TERRORISM OR VERIFIABLE TERRORIST ACT COMMITTED BY
   44  THE TERRORIST;
   45    (VII) THE HAIR COLOR OR EYE COLOR OF THE TERRORIST;
   46    (VIII) THE HEIGHT, WEIGHT, OR BUILD OF THE TERRORIST;
   47    (IX) ANY DISTINCTIVE MARKINGS  OR  THE  ETHNICITY  OF  THE  TERRORIST;
   48  AND/OR
   49    (X) THE NAME AND STREET ADDRESS OF THE TERRORIST'S EMPLOYER.
   50    (C)  UPON ASCERTAINING THAT THE NAMED INDIVIDUAL REASONABLY APPEARS TO
   51  BE A PERSON LISTED ON THE NEW YORK STATE TERRORIST REGISTRY  BASED  UPON
   52  THE  INFORMATION  PROVIDED  FROM THE CALLER IN ACCORDANCE WITH PARAGRAPH
   53  (B) OF THIS SUBDIVISION, PROVIDE THE CALLER WITH THE FOLLOWING  INFORMA-
   54  TION:
   55    (I) THE NAME OF THE TERRORIST;
       A. 6129--A                         26
    1    (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
    2  TERRORIST;
    3    (III) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
    4    (IV)  IF  THE  TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERROR-
    5  IST'S PLACE OF EMPLOYMENT;
    6    (V) IF THE TERRORIST IS A STUDENT, THE EXACT  ADDRESS  OF  THE  EDUCA-
    7  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
    8    (VI)  BACKGROUND  INFORMATION ON THE TERRORIST, INCLUDING FOR EACH AND
    9  EVERY TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S  CRIME
   10  OF  CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND ANY
   11  OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE.
   12    (D) PLAY, BEFORE A LIVE OPERATOR SPEAKS WITH THE  CALLER,  A  RECORDED
   13  PREAMBLE WHICH SHALL PROVIDE THE FOLLOWING NOTICES:
   14    (I) THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   15    (II) THAT THERE WILL BE NO CHARGE TO THE CALLER FOR USE OF THE SPECIAL
   16  TELEPHONE NUMBER;
   17    (III)  THAT  THE  CALLER  SHALL  BE REQUIRED TO PROVIDE THEIR NAME AND
   18  ADDRESS TO THE OPERATOR AND THAT SUCH SHALL BE MAINTAINED IN  A  WRITTEN
   19  RECORD;
   20    (IV) THAT THE CALLER IS REQUIRED TO BE NOT LESS THAN EIGHTEEN YEARS OF
   21  AGE;
   22    (V)  THAT  IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THE TELE-
   23  PHONE NUMBER TO COMMIT A CRIME AGAINST ANY PERSON REGISTERED ON THE  NEW
   24  YORK STATE TERRORIST REGISTRY, OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR
   25  HARASSMENT AGAINST SUCH PERSON;
   26    (VI)  THAT  THE CALLER IS REQUIRED TO HAVE THE IDENTIFYING INFORMATION
   27  REQUIRED TO BE PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION  REGARDING
   28  THE  INDIVIDUAL  ABOUT  WHOM INFORMATION IS SOUGHT IN ORDER TO ACHIEVE A
   29  POSITIVE IDENTIFICATION OF THAT PERSON;
   30    (VII) THAT THE SPECIAL TELEPHONE NUMBER IS NOT  A  CRIME  HOTLINE  AND
   31  THAT  ANY SUSPECTED CRIMINAL OR TERRORIST ACTIVITY SHOULD BE REPORTED TO
   32  THE LOCAL, STATE OR FEDERAL AUTHORITIES; AND
   33    (VIII) THAT AN INFORMATION PACKAGE, WHICH WILL INCLUDE  A  DESCRIPTION
   34  OF  THE  LAW  PERTAINING  TO  THE  NEW YORK STATE TERRORIST REGISTRY, IS
   35  AVAILABLE ONLINE ON THE DIVISION'S OFFICIAL WEBSITE, AND IN WRITING,  BY
   36  MAIL, UPON REQUEST FROM THE DIVISION.
   37    3.  MISUSE  OF THE SPECIAL TELEPHONE NUMBER. WHENEVER THERE IS REASON-
   38  ABLE CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS IS ENGAGED  IN
   39  A  PATTERN  OR  PRACTICE  OF MISUSE OF THE SPECIAL TELEPHONE NUMBER, THE
   40  ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED  BY  THE
   41  MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
   42  PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
   43  A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER  OR  OTHER  ORDER
   44  AGAINST  THE  PERSON  OR GROUP OF PERSONS RESPONSIBLE FOR THE PATTERN OR
   45  PRACTICE OF MISUSE, AND THE FOREGOING REMEDIES SHALL BE  INDEPENDENT  OF
   46  ANY  OTHER  REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO AN AGGRIEVED
   47  PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
   48  SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
   49  MORE THAN ONE THOUSAND DOLLARS.
   50    4. REPORT OF CALL ACTIVITY.   THE DIVISION SHALL,  ON  OR  BEFORE  THE
   51  FIRST  OF  SEPTEMBER  IN EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE
   52  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  STATE  ASSEMBLY,
   53  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURI-
   54  TY  AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMIT-
   55  TEE ON GOVERNMENTAL  OPERATIONS,  ON  THE  OPERATION  OF  THE  TELEPHONE
       A. 6129--A                         27
    1  NUMBER, AND SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
    2  OF THE FOLLOWING:
    3    (A) THE NUMBER OF CALLS RECEIVED;
    4    (B)  A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
    5  IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
    6    (C) THE NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE  RESPONSE  AND
    7  THE  NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO
    8  WHETHER A NAMED INDIVIDUAL WAS LISTED;
    9    (D) A SUMMARY OF THE SUCCESS OF THE SPECIAL TELEPHONE  NUMBER  PROGRAM
   10  BASED  UPON  THE  ABOVE OR ANY OTHER SELECTED FACTORS THE DIVISION SHALL
   11  DEEM RELEVANT;
   12    (E) A COMPARISON BETWEEN THE EFFICACY OF THE SPECIAL TELEPHONE NUMBER,
   13  OPERATED PURSUANT TO THIS SECTION, AND THE INTERNET DIRECTORY,  OPERATED
   14  PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-R OF THIS ARTICLE; AND
   15    (F)  RECOMMENDATIONS  AS TO HOW THE DIVISION MIGHT IMPROVE THE SPECIAL
   16  TELEPHONE NUMBER AND/OR THE NEW YORK STATE TERRORIST REGISTRY.
   17    5. SECURE INFORMATION. THE OPERATORS OF THE SPECIAL  TELEPHONE  NUMBER
   18  SHALL  NOT  PROVIDE  ANY  CALLER  WITH ANY INFORMATION FROM THE NEW YORK
   19  STATE TERRORIST REGISTRY THAT THE DIVISION HAS DEEMED SECURE IN  ACCORD-
   20  ANCE  WITH SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS
   21  ARTICLE.
   22    6. ADVERTISEMENT OF  SPECIAL  TELEPHONE  NUMBER.  THE  DIVISION  SHALL
   23  PROVIDE  FOR  THE  ADVERTISEMENT  OF THE SPECIAL TELEPHONE NUMBER ESTAB-
   24  LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO THE  POST-
   25  ING  OF SUCH NUMBER ON ITS OFFICIAL WEBSITE, AND THE OFFICIAL WEBSITE OF
   26  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   27    7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
   28  IMPLEMENT THE PROVISIONS OF THIS SECTION.
   29    S 169-R. INTERNET DIRECTORY. 1. OPERATION OF THE  INTERNET  DIRECTORY.
   30  THE DIVISION SHALL MAINTAIN AND OPERATE AN INTERNET DIRECTORY OF THE NEW
   31  YORK STATE TERRORIST REGISTRY WHICH SHALL:
   32    (A) INCLUDE THE FOLLOWING INFORMATION FOR EACH TERRORIST:
   33    (I) THE NAME OF THE TERRORIST;
   34    (II) THE AGE, PHYSICAL DESCRIPTION AND ANY DISTINCTIVE MARKINGS OF THE
   35  TERRORIST;
   36    (III) THE MOST RECENT PHOTOGRAPH OF THE TERRORIST TAKEN OF THE TERROR-
   37  IST FOR THE REGISTRY;
   38    (IV) THE EXACT RESIDENTIAL ADDRESS OF THE TERRORIST;
   39    (V) IF THE TERRORIST IS EMPLOYED, THE EXACT ADDRESS OF THE TERRORIST'S
   40  PLACE OF EMPLOYMENT;
   41    (VI)  IF  THE  TERRORIST IS A STUDENT, THE EXACT ADDRESS OF THE EDUCA-
   42  TIONAL INSTITUTION THE TERRORIST IS ATTENDING; AND
   43    (VII) BACKGROUND INFORMATION ON  THE  TERRORIST,  INCLUDING  EACH  AND
   44  EVERY  TERRORIST INCIDENT INVOLVING THE TERRORIST, THE TERRORIST'S CRIME
   45  OF CONVICTION, VERIFIABLE ACT OF TERRORISM, MODUS OF OPERATION, AND  ANY
   46  OTHER INFORMATION THE DIVISION DEEMS RELEVANT TO PROVIDE;
   47    (B) HAVE TERRORIST LISTINGS CATEGORIZED BY COUNTY AND ZIP CODE; AND
   48    (C)  BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA THE DIVISION'S
   49  OFFICIAL HOMEPAGE, WITH A LINK TO CONNECT TO SUCH DIRECTORY ALSO APPEAR-
   50  ING ON THE OFFICIAL HOMEPAGE OF THE DIVISION OF  HOMELAND  SECURITY  AND
   51  EMERGENCY SERVICES.
   52    2.  AUTOMATED  E-MAIL NOTIFICATIONS. ANY PERSON MAY APPLY TO THE DIVI-
   53  SION TO RECEIVE AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED
   54  REGISTRATION OCCURS ON THE NEW YORK STATE  TERRORIST  REGISTRY,  IN  THE
   55  GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON, BUT UNLESS THE APPLICANT IS AN
   56  EMPLOYEE  OR  ENTITY  OF A STATE, LOCAL OR FEDERAL GOVERNMENT, ACTING IN
       A. 6129--A                         28
    1  THEIR OFFICIAL CAPACITY, SUCH E-MAIL NOTIFICATIONS SHALL BE  LIMITED  TO
    2  THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
    3    3.  NO  CHARGE  FOR  THE  USE OF THE DIRECTORY. THE DIVISION SHALL NOT
    4  CHARGE FOR ACCESS TO THE INTERNET  DIRECTORY  NOR  FOR  THE  RECEIPT  OF
    5  E-MAIL NOTIFICATIONS.
    6    4.  MISUSE  OF  THE  INTERNET  DIRECTORY. WHENEVER THERE IS REASONABLE
    7  CAUSE TO BELIEVE THAT ANY PERSON OR GROUP OF PERSONS  IS  ENGAGED  IN  A
    8  PATTERN  OR  PRACTICE  OF MISUSE OF THE INTERNET DIRECTORY, THE ATTORNEY
    9  GENERAL, ANY DISTRICT ATTORNEY OR ANY PERSON AGGRIEVED BY THE MISUSE  OF
   10  THE  DIRECTORY  IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPROPRIATE
   11  COURT REQUESTING PREVENTIVE  RELIEF,  INCLUDING  AN  APPLICATION  FOR  A
   12  PERMANENT  OR  TEMPORARY  INJUNCTION,  RESTRAINING  ORDER OR OTHER ORDER
   13  AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR  THE  PATTERN  OR
   14  PRACTICE  OF  MISUSE, AND THE FOREGOING REMEDIES SHALL BE INDEPENDENT OF
   15  ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO  AN  AGGRIEVED
   16  PARTY UNDER OTHER PROVISIONS OF LAW, AND SUCH PERSON OR GROUP OF PERSONS
   17  SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
   18  MORE THAN ONE THOUSAND DOLLARS.
   19    5.  SECURE  INFORMATION.  THE INTERNET DIRECTORY SHALL NOT PROVIDE ANY
   20  USER WITH ANY INFORMATION FROM THE NEW  YORK  STATE  TERRORIST  REGISTRY
   21  THAT  THE  DIVISION  HAS  DEEMED  SECURE, IN ACCORDANCE WITH SUBDIVISION
   22  THREE OF SECTION ONE HUNDRED SIXTY-NINE-N OF THIS ARTICLE.
   23    6. ADVERTISEMENT OF INTERNET DIRECTORY. THE DIVISION SHALL PROVIDE FOR
   24  THE ADVERTISEMENT OF THE INTERNET DIRECTORY ESTABLISHED PURSUANT TO THIS
   25  SECTION, INCLUDING BUT NOT  LIMITED  TO  THE  LISTING  OF  SUCH  WEBSITE
   26  ADDRESS  ON  ITS  RECORDED MESSAGE FOR THE SPECIAL TELEPHONE NUMBER, AND
   27  THE POSTING OF A LINK TO SUCH INTERNET DIRECTORY ON THE OFFICIAL WEBSITE
   28  OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   29    7. REGULATIONS. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS TO
   30  IMPLEMENT THE PROVISIONS OF THIS SECTION.
   31    S 169-S. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
   32  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   33  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   34  AND NECESSARY INFORMATION PURSUANT TO THIS ARTICLE, UNLESS IT  IS  SHOWN
   35  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   36  BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
   37  RELEASE OF RELEVANT INFORMATION TO OTHER  STATE,  LOCAL  AND/OR  FEDERAL
   38  EMPLOYEES OR OFFICIALS, OR TO THE GENERAL PUBLIC.
   39    2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
   40  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   41  OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
   42  RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS ARTICLE UNLESS IT IS SHOWN
   43  THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
   44  BAD FAITH.
   45    S 169-T. ANNUAL REPORT. THE DIVISION SHALL, ON OR BEFORE THE FIRST  OF
   46  SEPTEMBER  IN  EACH YEAR, FILE A REPORT WITH THE GOVERNOR, THE TEMPORARY
   47  PRESIDENT OF THE SENATE, THE SPEAKER OF THE STATE ASSEMBLY, THE CHAIR OF
   48  THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY  AND  MILI-
   49  TARY  AFFAIRS,  AND  THE  CHAIR  OF  THE  ASSEMBLY STANDING COMMITTEE ON
   50  GOVERNMENTAL OPERATIONS, DETAILING THE NEW YORK STATE TERRORIST REGISTRY
   51  PROGRAM ESTABLISHED BY THIS ARTICLE, THE DIVISION'S EXPERIENCE  CONCERN-
   52  ING COMPLIANCE WITH PROVISIONS OF THIS ARTICLE, AND THE DIVISION'S EXPE-
   53  RIENCE  CONCERNING  THE EFFECTIVENESS OF THIS ARTICLE, TOGETHER WITH ANY
   54  RECOMMENDATIONS THE DIVISION MAY HAVE TO FURTHER ENHANCE THE  INTENT  OF
   55  THIS ARTICLE.
       A. 6129--A                         29
    1    S  169-U.  PENALTY.  ANY TERRORIST REQUIRED TO REGISTER, OR TO PROVIDE
    2  INFORMATION OR SUPPLEMENTAL INFORMATION, OR  VERIFICATION,  PURSUANT  TO
    3  THE  PROVISIONS  OF THIS ARTICLE, OR WHO FAILS TO REGISTER OR TO PROVIDE
    4  INFORMATION, OR SUPPLEMENTAL INFORMATION, OR VERIFICATION, IN THE MANNER
    5  AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE, SHALL BE GUIL-
    6  TY  OF  A CLASS A-I FELONY, PURSUANT TO SECTION 490.23 OF THE PENAL LAW.
    7  ANY SUCH FAILURE TO REGISTER OR TO PROVIDE INFORMATION, OR  SUPPLEMENTAL
    8  INFORMATION,  OR  VERIFICATION, PURSUANT TO THE PROVISIONS OF THIS ARTI-
    9  CLE, MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO  SECTION
   10  TWO  HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, OR THE BASIS FOR REVOCA-
   11  TION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THIS CHAPTER.
   12    S 169-V. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
   13  OF ANY INFORMATION CONTAINED IN THE NEW YORK  STATE  TERRORIST  REGISTRY
   14  SHALL BE A CLASS B MISDEMEANOR.
   15    S  169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE OR PART THEREOF
   16  SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
   17  SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
   18  ANY OTHER SECTION OR PART THEREOF.
   19    S 5. The penal law is amended by adding a new section 490.23  to  read
   20  as follows:
   21  S 490.23 FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST
   22             REGISTRY.
   23    A  PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK
   24  STATE TERRORIST REGISTRY WHEN HE OR SHE IS REQUIRED TO REGISTER OR VERI-
   25  FY WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT  TO  ARTICLE
   26  SIX-D  OF THE CORRECTION LAW, AND FAILS TO REGISTER AS REQUIRED PURSUANT
   27  TO ARTICLE SIX-D OF THE CORRECTION LAW, OR  FAILS  TO  PROVIDE  REQUIRED
   28  INFORMATION,  OR  SUPPLEMENTAL  INFORMATION, OR VERIFICATION AS REQUIRED
   29  PURSUANT TO ARTICLE SIX-D OF THE CORRECTION LAW.
   30    FAILURE TO REGISTER OR VERIFY WITH THE NEW YORK STATE TERRORIST REGIS-
   31  TRY IS A CLASS A-I FELONY.
   32    S 6. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.