What's happening
This bill establishes a New York State terrorist registry requiring those convicted of terrorism to register, provide ongoing information, and face severe penalties for noncompliance.
Why it matters
Broad Definition of "Terrorist" and Covered Offenses. The bill applies not only to those convicted under New York’s terrorism laws but also to people convicted of a long list of federal and international terrorism-related crimes, or even those designated by federal agencies as terrorists. This means the registry could cover a wide and potentially expanding array of individuals, including those detained or designated by administrative or military bodies, not just courts.
Extensive Information Collection and Public Disclosure. Registrants must provide detailed personal, employment, educational, and forensic data (including DNA, fingerprints, internet accounts, and addresses), much of which will be made available to the public via an online directory and a telephone hotline—unless specifically deemed a security risk. This level of disclosure could have significant privacy, employment, and safety implications for individuals on the registry.
Lifetime Registration and Onerous Ongoing Requirements. Those on the registry must update their information and provide verification quarterly for life, with annual in-person photograph updates. Noncompliance—even minor or technical—results in prosecution for a class A-I felony (among the most serious in New York), which is harsher than penalties for most other registry violations.
Broad Information Sharing and Oversight Mechanisms. The registry data is not only shared across New York state agencies but also with federal and international bodies, including the FBI, CIA, DHS, and INTERPOL. There are also mechanisms to add people to the registry through administrative review or court petition even if they have not been criminally convicted, raising questions about due process and oversight. Appeals and removals are possible, but the burden is high and the process complex.
These provisions could have far-reaching effects on civil liberties, privacy, and government surveillance, while also imposing administrative and financial burdens on both affected individuals and public agencies.
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Who cares
Division of Criminal Justice Services
The agency would establish and maintain the registry, review potential registrants, share information and operate a public website and telephone lookup service.
People subject to registration
Registrants would face lifetime registration and quarterly verification, DNA and fingerprint collection, public disclosure of specified information and a class A-I felony for failing to comply.
State Police and local law enforcement agencies
They would collect registrants’ photographs, fingerprints and DNA samples, while State Police would be directed to arrest registrants who miss required filing deadlines.
Correctional facilities and probation authorities
They would have to notify registrants of their obligations and obtain registration forms and biometric materials before releasing or discharging people who have not previously registered.
Headline styles
Create State Terrorist Registry
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Terrorist Registry
In Senate Committee · Finance · Sponsor Thomas Croci
Full text
31 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4875
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 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.
LBD02130-02-7
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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-b-1. Duties of the registrant.
169-c. Duties of the division.
169-d. Registration information.
169-e. Registrant notification; standardized registration and
verification forms.
169-f. Administrative review 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.
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The legislature additionally finds and determines, that it is the first responsibility of any government to provide for the public 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;
(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.
7-a. "Division of homeland security and emergency services" means the division of homeland security and emergency services as defined in article twenty-six of the executive law.
7-b. "Division of state police" means the division of state police as defined in article eleven of the executive law.
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.
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12. "Registry" means the New York state terrorist registry established and maintained by the division of criminal justice services pursuant to this article.
13. "Registrant" means a terrorist, that upon administrative review, 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.
14. "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.
15. "Living in New York state" means any person who is a resident of a permanent place of dwelling, located within the state of New York.
16. "Working in New York state" means any person who is employed by any person, business, organization, entity or government, where such employment occurs at any location within the state of New York.
17. "Attending an educational institution in New York state" means any person who attends classes or instruction in any school, college, university, technical school, or other institution or place of learning located within the state of New York.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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