Register Domestic Violence Offenders

Section 1. This act shall be known and may be cited as "Brittany's law".

§ 2. The penal law is amended by adding two new sections 195.03 and 195.04 to read as follows: § 195.03 Failure to register or verify as a domestic violence offender

in the second degree.

A person is guilty of failure to register or verify as a domestic violence offender in the second degree when, being a domestic violence offender required to register or verify pursuant to article six-B of the correction law, he or she fails to register or verify in the manner and within the time periods provided for in such article.

Failure to register or verify as a domestic violence offender in the second degree is a class E felony. § 195.04 Failure to register or verify as a domestic violence offender

in the first degree.

A person is guilty of failure to register or verify as a domestic violence offender in the first degree when he or she commits the crime of failure to register or verify as a domestic violence offender in the second degree and has previously been convicted of failure to register or verify as a domestic violence offender in the second degree as defined in section 195.03 of this article.

Failure to register or verify as a domestic violence offender in the first degree is a class D felony.

§ 3. The correction law is amended by adding a new article 6-B to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05964-01-7

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ARTICLE 6-B

DOMESTIC VIOLENCE REGISTRATION ACT Section 165. Definitions.

165-a. Duties of the division; registration information.

165-b. Domestic violence offender; relocation; notification.

165-c. Duties of the court.

165-d. Discharge of domestic violence offender from correctional

facility; duties of official in charge.

165-e. Duty to register and to verify.

165-f. Prior convictions; duty to inform and register.

165-g. Duration of registration and verification.

165-h. Registration and verification requirements.

165-i. Notification of local law enforcement agencies of change

of address.

165-j. Registration for change of address from another state.

165-k. Special telephone number.

165-l. Immunity from liability.

165-m. Annual report.

165-n. Failure to register; penalty.

165-o. Unauthorized release of information.

§ 165. Definitions. As used in this article, the following definitions apply:

1. "Domestic violence offender" includes any person who is convicted of any of the domestic violence offenses set forth in subdivision two of this section. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this article as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this article.

2. "Domestic violence offense" means the conviction of any felony offense defined in the penal law when the victim of such crime or offense is a family or household member.

3. "Family or household members" means the following individuals:

(a) persons related by consanguinity or affinity;

(b) persons legally married to one another;

(c) persons formerly married to one another regardless of whether they still reside in the same household;

(d) persons who have a child in common regardless of whether such persons are married or have lived together at any time; or

(e) unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household.

4. "Parent" means a natural or adoptive parent or any individual lawfully charged with a minor child's care or custody.

5. "Division" means the division of criminal justice services as defined by section eight hundred thirty-five of the executive law.

6. "Law enforcement agency having jurisdiction" means:

(a) (i) the chief law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state or local conditional release; or

(ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or

(iii) if there be no chief enforcement officer in such village, town, city or county, the division of state police; and

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(b) in the case of a domestic violence offender who is or expects to be employed by, enrolled in, attending or employed, whether for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town or city in which such institution is located; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in such village, town, city or county, the division of state police; and (iv) if such institution operates or employs a campus law enforcement or security agency, the chief of such agency; and

(c) in the case of a domestic violence offender who expects to reside within a state park or on other land under the jurisdiction of the office of parks, recreation and historic preservation, the state regional park police.

§ 165-a. Duties of the division; registration information. 1. The division shall establish and maintain a file of individuals required to register pursuant to the provisions of this article which shall include the following information of each registrant:

(a) The domestic violence offender's name, all aliases used, date of birth, sex, race, height, weight, eye color, driver's license number, home address and/or expected place of domicile, any internet accounts with internet access providers belonging to such offender and internet identifiers that such offender uses.

(b) A photograph and set of fingerprints. The division shall, during the period of registration, update such photograph once every three years. The division shall notify the domestic violence offender by mail of the duty to appear and be photographed at the specified law enforcement agency having jurisdiction. Such notification shall be mailed at least thirty days and not more than sixty days before the photograph is required to be taken pursuant to this article.

(c) A description of the offense for which the domestic violence offender was convicted, the date of conviction and the sentence imposed.

(d) The name and address of any institution of higher education at which the domestic violence offender is or expects to be enrolled, attending or employed, whether for compensation or not, and whether such offender resides in or will reside in a facility owned or operated by such institution.

(e) The employment address and/or expected place of employment of the domestic violence offender.

(f) Any other information deemed pertinent by the division.

2. (a) The division is authorized to make the registry available to any regional or national registry of domestic violence offenders for the purpose of sharing information. The division shall accept files from any regional or national registry of domestic violence offenders and shall make such files available when requested pursuant to the provisions of this article.

(b) No official, agency, authorized person or entity, whether public or private, shall be subject to any civil or criminal liability for damages for any decision or action made in the ordinary course of business of that official, agency, authorized person or entity pursuant to this article, provided that such official, agency, authorized person or entity acted reasonably and in good faith with respect to such registry information.

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(c) The division shall require that no information included in the registry shall be made available except in the furtherance of the provisions of this article.

3. The division shall develop a standardized registration form to be made available to the appropriate authorities and promulgate rules and regulations to implement the provisions of this section. Such form shall be written in clear and concise language and shall advise the domestic violence offender of his or her duties and obligations under this article.

4. The division shall mail a nonforwardable verification form to the last reported address of the domestic violence offender for annual verification requirements.

5. The division shall also establish and operate a telephone number as provided for in section one hundred sixty-five-k of this article.

6. The division shall also establish a public awareness campaign to advise the public of the provisions of this article.

7. The division shall charge a fee of ten dollars each time a domestic violence offender registers any change of address or any change of his or her status of enrollment, attendance, employment or residence at any institution of higher education as required by this article. The fee shall be paid to the division by the domestic violence offender. The state comptroller is hereby authorized to deposit such fees into the domestic violence awareness fund established pursuant to section ninety-seven-yyy of the state finance law as added by chapter six hundred thirty-four of the laws of two thousand two.

8. The division shall, upon the request of any children's camp operator, release to such person any information in the registry relating to a prospective employee of any such person or entity in accordance with the provisions of this article. The division shall promulgate rules and regulations relating to procedures for the release of information in the registry to such persons.

9. The division shall, upon the request of any authorized internet entity, release to such entity internet identifiers that would enable such entity to prescreen or remove domestic violence offenders from its services or, in conformity with state and federal law, advise law enforcement and/or other governmental entities of potential violations of law and/or threats to public safety. Before releasing any information the division shall require an authorized internet entity that requests information from the registry to submit to the division the name, address and telephone number of such entity and the specific legal nature and corporate status of such entity. Except for the purposes specified in this subdivision, an authorized internet entity shall not publish or in any way disclose or redisclose any information provided to it by the division pursuant to this subdivision. The division may charge an authorized internet entity a fee for access to registered internet identifiers requested by such entity pursuant to this subdivision. The division shall promulgate rules and regulations relating to procedures for the release of information in the registry, including but not limited to, the disclosure and redisclosure of such information, and the imposition of any fees.

§ 165-b. Domestic violence offender; relocation; notification. 1. In the case of any domestic violence offender, it shall be the duty of the department, hospital or local correctional facility at least ten calendar days prior to the release or discharge of any domestic violence offender from a correctional facility, hospital or local correctional facility to notify the division of the contemplated release or discharge

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of such domestic violence offender, informing the division in writing on a form provided by the division indicating the address at which he or she proposes to reside and the name and address of any institution of higher education at which he or she expects to be enrolled, attending or employed, whether for compensation or not, and whether he or she resides in or will reside in a facility owned or operated by such institution. If such domestic violence offender changes his or her place of residence while on parole, such notification of the change of residence shall be sent by the domestic violence offender's parole officer within fortyeight hours to the division on a form provided by the division. If such domestic violence offender changes the status of his or her enrollment, attendance, employment or residence at any institution of higher education while on parole, such notification of the change of status shall be sent by the domestic violence offender's parole officer within fortyeight hours to the division on a form provided by the division.

2. In the case of any domestic violence offender on probation, it shall be the duty of the domestic violence offender's probation officer to notify the division within forty-eight hours of the new place of residence on a form provided by the division. If such domestic violence offender changes the status of his or her enrollment, attendance, employment or residence at any institution of higher education while on probation, such notification of the change of status shall be sent by the domestic violence offender's probation officer within forty-eight hours to the division on a form provided by the division.