Establishes the New York State Terrorist Registry

* Create a new section 719 of the executive law to provide for sharing of the terrorist registry information between the Division of Criminal Justice Services - DCJS (the keeper of the registry) and the Division of Homeland Security and Emergency Services - DHSES;

* Create a new section 232 of the executive law to provide for sharing of the terrorist registry information between DCJS and the Division of State Police;

* Create a new Article 6-D of the correction law to establish a New York State Terrorist Registry for Terrorists who live, work or attend an educational institution in New York State, based upon the model of Registration of Sex Offenders (Megan's Law - Article 6-C of the correction law);

* Create a new section 490.23 of the penal law, to establish the new crime of failing to register or provide verification information for the New York State Terrorist Registry; and

* Create a new section 97-aaaa of the state finance law, to establish the Terrorist Registry Funds Management Account, to provide for the collection of fees from the New York State Terrorist Registry program and to provide a fund to reimburse local governments and state agencies for their costs associated with administering the program.

Purpose of the bill

Pursuant to the legislative intent of the bill, the purpose would of this act would be:

"to monitor those individuals, who have demonstrated through their past actions, that they would commit an act of terrorism, so that through such monitoring, such persons will be discouraged and/or prevented from committing any new acts of terrorism, against the people and property of the state of New York."

Terrorist registry

Specifically, the terrorist registry established pursuant to the new article 6-D, created by this bill would add 23 new sections to the correction law, in a very similar legal construct to Megan's law.

Such registry would:

*Register Terrorists:

-Convicted of a state or federal crime of terrorism, or

-Who have committed a "Verifiable Act of Terrorism" causing the federal government to take concordant responsive action;

*Contain Information on Terrorists who live, work or attend school in New York State, including:

-Personal-biographical information;

-Forensic information (DNA, fingerprints and annual photograph);

-Incident information (on the terrorist's past acts);

-Employment information (which also includes educational information for students); and

-Verification information;

*Be assembled and maintained by DCJS, in cooperation with other government agencies;

*Have non confidential information available to the public via a DCJS website and phone number;

*Have confidential information available to government certain agencies, such as the state police, FBI, DHSES and United States Department of Homeland Security; and

*Would be financed by fees collected from registrants

Operation of the registry

This bill would require DCJS to assemble and maintain the New York State Terrorist Registry. Pursuant to its terms:

*DCJS would be required to work with other state and federal agencies to assemble a list of persons ("terrorists") who have ever committed a state or federal crime of terrorism, or who have ever committed a "Verifiable Act of Terrorism" that caused the federal government to obtain a conviction or concordant administrative determination, and examine and determine which of such terrorists are, or will be, residing, working or attending an educational institution in New York;

*DCJS would be further required to add such terrorists to the New York State Terrorist Registry, and send such persons a standardized registration packet, that DCJS must produce, which notifies the terrorist of their obligation to register and verify, and provides for the collection of all the necessary registry information;

* Upon being added to the registry, the terrorist would be required to complete and sign the standardized registration form, and appear either before their confinement entity (such as the Department of Corrections) or if they are not incarcerated, before the law enforcement agency having jurisdiction (such as their local police department) to submit to a photograph, fingerprinting and DNA test; and

* DCJS would be additionally required to review the information gathered on the terrorist, and in consultation with DHSES and the state police, determine what of such information should be kept confidential for security reasons, and then provide for the public accessibility of such non confidential information (as enumerated by the bill) by means of a posting of the registry on the DCJS website and by means of a public caller telephone service, with all information deemed secure not being disclosed.

Judicial review

Any terrorist who wishes to have their name removed from the registry can make an application before the supreme court of the county of residence, or if they are not a resident of New York, before the supreme court of the county of Albany.

Failure to register and/or verify

Any person who fails to register, provide the necessary registration information to DCJS, or fails to provide the necessary verification information to DCJS would be guilty of a violation of § 490.23 of the penal law, which would be a class A-I felony.

Justification

This bill would require terrorists convicted of a state or federal crime of terrorism, or who have committed a "Verifiable Act of Terrorism" causing the federal government to take concordant, responsive action, to register with the Division of Criminal Justice Services, and have their non confidential information made publicly available.

Based upon the highly successful construct of New York's Sexual Offender Registration Act (Megan's Law) this bill seeks to monitor those individuals, who have demonstrated through their past actions, that they would commit an act of terrorism, so that through such monitoring, such persons will be discouraged and/or prevented from committing any new acts of terrorism, against the people and property of the state.of New York.

Any effective government program to combat terrorism must require prevention, response and recovery. None of these elements is more important than prevention. The same proven strategy of registering convicted sexual predators to protect children can be equally applied to register convicted terrorists to protect all the people of the state.

Terrorists such as Al Qaeda and the Islamic State of Iraq and Syria (ISIS) have demonstrated their relentless, ferocious brutality over and over again They have repeatedly stated that they wish to see continued terrorist attacks in America and New York State. This bill would respond to New York State's first obligation as a government, to provide public protection for its citizens, and to do such in a manner that maintains essential freedoms and civil liberties of all people.

Persons would be added to the New York State Terrorist Registry only after their past conduct resulted in a conviction for crime of terrorism or a federal action taken against them for committing a verifiable act of terrorism. Registrants can petition to the supreme court to have their name removed if such court finds that circumstances so justify the removal. The registration and verification is neither over-burdensome nor complex. Like the proven effectiveness of Megan's law, this bill would provide state and federal authorities with a powerful new tool to prevent future terrorist attacks, as well as provide terrorists with a serious disincentive to commit another act of terrorism within New York State.

Prior legislative history

This is a new bill.

Fiscal implications

None noted.

Effective date

This act would take effect on the first of November next succeeding the date on which it shall have become law.