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This bill creates a New York State terrorist registry, requiring those convicted or designated as terrorists to register, verify, and provide information for life, with penalties for noncompliance.
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Create Terrorist Registry
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
18 Co-sponsors
History
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 43–17
- Ordered to third reading cal.1711
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
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 State Terrorist Registry
In Assembly Committee · Governmental Operations · Sponsor Michael DenDekker
Full text
31 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3450
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sens. CROCI, ADDABBO, AKSHAR, AMEDORE, DeFRANCISCO, FUNKE, GALLIVAN, LARKIN, LITTLE, MARCHIONE, MURPHY, O'MARA, ORTT, RANZENHOF- ER, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02130-02-7
S. 3450 2
such information shall be in the form and manner as the division of criminal justice services shall so request.
§ 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.
S. 3450 3
§ 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 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
S. 3450 4
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;
(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.
S. 3450 5
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. "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.
Sponsor's memo
Title of bill
An act to amend the executive law, the correction law, the penal law, and the state finance law, in relation to the establish- ment of the New York state terrorist registry
Purpose or general idea of bill
This bill would amend the executive law, the correction law, the penal law, and the state finance law, to establish the New York State Terror- ist Registry.
Summary of specific provisions
Summary of Provisions: This bill would:
Read the full memo (1,313 words)
*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 233 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 govern- ment 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 "Veri- fiable 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 registra- tion 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 secu- rity reasons, and then provide for the public accessibility of such non confidential information (as enumerated by the bill) by means of a post- ing 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 resi- dence, 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 individ- uals, 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 impor- tant 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
S3464C/A6129C of 2015/2016 - Passed in the Senate.
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.
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