What's happening
This bill creates a New York State terrorist registry requiring registration, monitoring, and public access to information about individuals convicted of terrorism-related offenses.
Why it matters
Extensive Data Collection and Public Access. The registry will collect and make public a broad range of information about individuals labeled as "terrorists," including personal identifiers, addresses, employment and education details, internet and phone accounts, and forensic data (photos, fingerprints, DNA). This means those listed will have much of their private data accessible to anyone via an online directory and a publicly advertised hotline.
Broad and Potentially Expansive Definition of "Terrorist". The law defines a "terrorist" not just by state or federal convictions but also includes those designated by various U.S. federal agencies or international tribunals, or even those subject to military detention or deportation for terrorism-related reasons. This wide net could sweep in individuals who have not been convicted in a traditional court of law, raising potential due process and civil liberties concerns.
Lifetime Registration and Stringent Penalties. Anyone added to the registry must provide quarterly verification for life, with severe penalties for non-compliance (a class A-I felony, which is among the most serious criminal charges in New York). This perpetual monitoring and harsh punishment structure mean that mistakes, misunderstandings, or administrative errors could result in devastating consequences for registrants.
Significant Government and Law Enforcement Coordination. The bill requires extensive information sharing and coordination between state, local, and federal agencies, as well as international entities. While this could enhance law enforcement’s ability to track and monitor individuals, it also raises questions about data privacy, oversight, and potential misuse or errors being propagated across multiple systems.
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Create Terrorist Registry
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
30 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3363
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, the correction law, the penal law, and the state finance law, in relation to the establishment of the New York state terrorist registry
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New York state terrorist registry act".
§ 2. The executive law is amended by adding a new section 719 to read as follows:
§ 719. Terrorist registry information sharing. 1. Upon request, the division of criminal justice services shall provide any and all information it obtains, on any terrorist required to be registered pursuant to article six-D of the correction law, to the division of homeland security and emergency services, and the provision of such information shall be in the form and manner as the division of homeland security and emergency services may so request.
2. Upon request, the division of criminal justice services shall further regularly supplement the information provided pursuant to subdivision one of this section, so as to deliver any new, different or additional information not previously provided to the division of homeland security and emergency services.
3. The division of homeland security and emergency services shall provide the division of criminal justice services with any and all information the division of criminal justice services shall require, in order to maintain an accurate and complete registration of terrorists pursuant to article six-D of the correction law, and the provision of such information shall be in the form and manner as the division of criminal justice services shall so request.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02130-01-7
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§ 3. The executive law is amended by adding a new section 233 to read as follows:
§ 233. Terrorist registry information sharing. 1. Upon request, the division of criminal justice services shall provide any and all information it obtains, on any terrorist required to be registered pursuant to article six-D of the correction law, to the division of state police, and the provision of such information shall be in the form and manner as the division of state police may so request.
2. Upon request, the division of criminal justice services shall further regularly supplement the information provided pursuant to subdivision one of this section, so as to deliver any new, different, or additional information not previously provided to the division of state police.
3. The division of state police shall provide the division of criminal justice services with any and all information the division of criminal justice services shall require, in order to maintain an accurate and complete registration of terrorists pursuant to article six-D of the correction law, and the provision of such information shall be in the form and manner as the division of criminal justice services shall so request.
§ 4. The correction law is amended by adding a new article 6-D to read as follows:
ARTICLE 6-D
TERRORIST REGISTRY Section 169-a. Legislative findings.
169-b. Definitions.
169-c. Duties of the division.
169-d. Registration information.
169-e. Registrant notification; standardized registration and
verification forms.
169-f. Examination of potential registrants.
169-g. Initial assembly of the registry.
169-h. Registration and verification of terrorists.
169-i. Duties of the court.
169-j. Responsibilities of a confinement entity prior to
discharge of a terrorist.
169-k. Responsibilities during community supervision or
probation.
169-l. Duration of registration and verification.
169-m. Notification of change of address.
169-n. Registry information sharing.
169-o. DNA and fingerprint custody and analysis.
169-p. Registry and verification fees.
169-q. Special telephone number.
169-r. Internet directory.
169-s. Immunity from liability.
169-t. Annual report.
169-u. Penalty.
169-v. Unauthorized release of information.
169-w. Expenses incurred by governmental entities.
169-x. Separability.
§ 169-a. Legislative findings. The legislature finds and determines that terrorism is a serious threat to the public safety of the people of the state of New York.
The legislature additionally finds and determines, that it is the first responsibility of any government to provide for the public
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protection and safety of its citizens, and that in order to assure such public protection and safety, New York must take active steps to advance a program of prevention of, response to, and recovery from, terrorist attacks.
The legislature also finds and determines, that in order to advance a program to prevent terrorist attacks, while still preserving the essential civil liberties and freedoms that New York's citizens hold dear as an irreplaceable, foundational element of society, the state must take responsible action to register those individuals, who have demonstrated through their past actions, that they would commit an act of terrorism.
The legislature further finds and determines, that the purpose of the New York state terrorist registry established by this article, is 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.
§ 169-b. Definitions. As used in this article, the following definitions shall apply:
1. "Terrorist" means any person who is convicted of any terrorist offense set forth in subdivision two of this section, and/or who has engaged in any verifiable act of terrorism pursuant to subdivision three of this section.
2. "Terrorist offense" means any offense:
(a) Set forth in article four hundred ninety of the penal law;
(b) In any other jurisdiction, whether within the United States or a foreign country, which includes all of the essential elements of any offense set forth in article four hundred ninety of the penal law;
(c) Set forth in sections 32, 37, 81, 175, 175b, 229, 351, 831, 844 (f), 844 (i), 930 (c), 956, 1038, 1114, 1116, 1203, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2280, 2281, 2332, 2332a, 2332b, 2332c, 2332d, 2332e, 2332f, 2332g, 2332h, 2339, 2339a, 2339b, 2339c, and/or 2339d of title 18 of the United States Code;
(d) Set forth in section 2284 of title 42 of the United States Code;
(e) Set forth in section 46504, 46505 (b) (3), 46506, and/or 60123 (b) of title 49 of the United States Code; and/or
(f) In any other jurisdiction, whether within the United States or a foreign country, of any offense which includes all of the essential elements of any offense set forth within paragraphs (c), (d) or (e) of this subdivision.
3. "Verifiable act of terrorism" means any act committed by a person or persons that has resulted in such person or persons being:
(a) Convicted by a combat status review tribunal or military commission of any act of terrorism, terrorist activities, or the harboring, support and/or promotion of terrorists of terrorist activities;
(b) Convicted by a military or civilian court of competent jurisdiction of any act of terrorism, terrorist activities, or the harboring, support and/or promotion of terrorists or terrorist activities in violation of the uniform code of military justice;
(c) Subject to an order of detention by the armed forces of the United States, any other government agency of the United States, or any contractor of the government of the United States that is authorized by the government of the United States to make such detentions, upon a determination that such person was at any time, a foreign enemy combatant or an illegal enemy combatant;
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(d) Deported or transported, to a country, other than the United States, by the government of the United States, or any department or agency thereof, upon a determination of involvement in terrorist activities, or the harboring, support and/or promotion of terrorists or terrorist activities; or
(e) Designated by the United States department of homeland security, the United States department of state, the United States department of justice, the United States department of defense or any of its armed services, the United States central intelligence agency, and/or the office of the director of national intelligence, as a person who has committed a terrorist act against the United States or any of its citizens, and/or who is a member of a designated terrorist organization pursuant to section 1189 of title 8 of the United States Code.
4. "Terrorist incident" means any incident which was the basis of a conviction for any terrorist offense, as defined by subdivision two of this section, or any incident which was the basis for a verifiable act of terrorism, as defined by subdivision three of this section.
5. "Law enforcement agency having jurisdiction" means:
(a) The chief law enforcement officer in the village, town or city in which the terrorist expects to reside, or actually resides, upon his or her discharge, probation, parole, release to post-release supervision, or upon any other form of federal, state or local conditional release; or
(b) If the terrorist does not receive discharge, probation, parole, release to post-release supervision, or any other form of federal, state or local conditional release, then the chief law enforcement officer in the village, town or city in which the terrorist actually resides; or
(c) If there is no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county; or
(d) If there is no chief enforcement officer in such village, town, city or county, the division of state police.
6. "Division" means the division of criminal justice services as defined by section eight hundred thirty-seven of the executive law.
7. "Department" means the department of corrections and community supervision, as defined in subdivision one of section two, and section five, of this chapter.
8. "Office of probation and correctional alternatives" means the office of probation and correctional alternatives as described in section two hundred forty of the executive law.
9. "Hospital" means a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter.
10. "Local correctional facility" means the local correctional facility as that term is defined in subdivision sixteen of section two of this chapter.
11. "Probation" means a sentence of probation imposed pursuant to article sixty-five of the penal law and shall include a sentence of imprisonment imposed in conjunction with a sentence of probation.
12. "Internet access provider" means any business, organization or other entity engaged in the business of providing a computer and communications facility through which a customer may obtain access to the internet.
13. "Internet service provider" means any business, organization or other entity engaged in the business of providing telecommunication,
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cable and/or broadband services to connect to, and communicate on, the internet, or any other broad multi-user computer system.
14. "Internet identifiers" means any electronic mail addresses and designations used for the purposes of chat, instant messaging, social networking or other similar internet communication.
15. "Cellular service provider" means any business, organization or other entity engaged in the business of providing cellular telephone or device service through which a customer may make cellular telephone calls or obtain access to the internet, but does not include a business, organization or other entity to the extent that it provides only land line or cable telecommunications services.
16. "Registry" means the New York state terrorist registry established and maintained by the division of criminal justice services pursuant to this article.
17. "Registrant" means a terrorist, that upon examination, pursuant to section one hundred sixty-nine-f of this article, the division has determined shall be required to register with, and be added to, the New York state terrorist registry.
18. "Confinement entity" means the department, or any other office, agency, government, corporation or other institution which maintains the correctional facility, hospital, local correctional facility, or any other similar type of secure facility, at which a terrorist, as defined in subdivision one of this section, is confined.
§ 169-c. Duties of the division. 1. Terrorist registry. The division shall establish and maintain an information file on all terrorists required to register pursuant to the provisions of this article, which shall include all the information set forth in section one hundred sixty-nine-d of this article, and which shall be known as the New York state terrorist registry.
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