Register Violent Felony Offenders

Section 1. This act shall be known and may be cited as "The Domestic Violence Protection Act - 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 violent felony offender in

the second degree.

A person is guilty of failure to register or verify as a violent felony offender in the second degree when, being a violent felony 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 violent felony offender in the second degree is a class E felony. § 195.04 Failure to register or verify as a violent felony offender in

the first degree.

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

Failure to register or verify as a violent felony 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.

LBD00571-01-9

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ARTICLE 6-B

VIOLENT FELONY OFFENDER REGISTRATION Section 162. Definitions.

163. Duties of the division; registration information.

164. Violent felony offender; relocation; notification.

165. Duties of the court.

166. Discharge of violent felony offender from correctional

facility; duties of official in charge.

167. Duty to register.

167-a. Prior convictions; duty to inform and register.

167-b. Duration of registration.

167-c. Registration requirements.

167-d. Notification of local law enforcement agencies of change

of address.

167-e. Registration for change of address from another state.

167-f. Board of examiners of violent felony offenders.

167-g. Review.

167-h. Judicial determination.

167-i. Petition for relief.

167-j. Special telephone number.

167-k. Violent predator subdirectory.

167-l. Immunity from liability.

167-m. Annual report.

167-n. Failure to register; penalty.

167-o. Unauthorized release of information.

167-p. Severability.

167-q. Subdirectory; internet posting.

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

1. "Violent felony offender" includes any person who is convicted of a violent felony offense as defined under section 70.02 of the penal law or a class A felony offense defined in the penal law other than a class A felony offense defined in article two hundred twenty of the penal law. 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. "Violent felony offense" means a conviction for an offense as defined under section 70.02 of the penal law or a class A felony offense defined in the penal law other than a class A offense defined in article two hundred twenty of the penal law.

3. "Law enforcement agency having jurisdiction" means the chief law enforcement officer in the village, town or city in which the violent felony offender expects to reside upon his or her discharge, probation, parole or upon any form of state or local conditional release.

4. "Division" means the division of criminal justice services established under article thirty-five of the executive law.

5. "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.

6. "Violent predator" means a person who has been convicted of a violent felony offense as defined in this article, or a violent felony offender as defined in this article who suffers from a mental abnormality that makes such person likely to engage in violent conduct.

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7. "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal violent acts to a degree that makes the person a menace to the health and safety of other persons.

8. "Board" means the board of examiners of violent felony offenders established pursuant to section one hundred sixty-seven-f of this article.

9. "Local correctional facility" means a local correctional facility as that term is defined in subdivision sixteen of section two of this chapter.

§ 163. 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 violent felony 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.

(b) A photograph and set of fingerprints.

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

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

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

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

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

6. The division shall also establish a violent predator subdirectory pursuant to section one hundred sixty-seven-k of this article.

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

§ 164. Violent felony offender; relocation; notification. 1. In the case of any violent felony 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 violent felony offender from a correctional facility, hospital or local correctional facility to notify the law enforcement agency having jurisdiction where appropriate, and law enforcement agency having had jurisdiction at the time of his or her conviction, of the contemplated release or discharge of such violent felony offender, informing such law enforcement agencies of the name and aliases of the violent felony offender, the address at which he or she proposes to reside, the address at which he or she resided at the time of his or her conviction, the amount of time remaining to be served, if any, on the full term for which he or she was sentenced, and the nature of the crime for which he or she was sentenced, transmitting at the same

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time a copy of such violent felony offender's fingerprints and photograph and a summary of his or her criminal record. If such violent felony offender changes his or her place of residence while on parole, such notification of the change of residence shall be sent by the violent felony offender's parole officer within forty-eight hours to the law enforcement agency in which the new place of residence is located.

2. In the case of any violent felony offender convicted and sentenced to probation, conditional discharge or unconditional discharge, it shall be the duty of the court within twenty-four hours after such sentence to notify the law enforcement agency having jurisdiction, where appropriate, and the law enforcement agency having had jurisdiction at the time of his or her conviction, if different from where he or she currently resides, and/or where he or she currently resides, of the sentence of probation, conditional discharge or unconditional discharge, informing such law enforcement agencies of the name and aliases of the person, the address at which he or she proposes to reside, resided at and/or at which he or she currently resides, the amount of time to be served on probation, and the nature of the crime for which he or she was sentenced, transmitting at the same time a copy of such violent felony offender's fingerprints and photograph and a summary of his or her criminal record. If such person changes his or her place of residence while on probation, such notification of the change of residence shall be sent by the violent felony offender's probation officer within forty-eight hours to the law enforcement agency having jurisdiction in which the new place of residence is located.

3. In the case of any violent felony offender, who on the effective date of this subdivision is on parole or probation, it shall be the duty of such violent felony offender's parole or probation officer within forty-five calendar days of the effective date of this subdivision to notify the law enforcement agency having had jurisdiction in which such person resided at the time of his or her conviction, if different from where he or she currently resides and/or where he or she currently resides, of the name and aliases of such violent felony offender, the address at which he or she resided and/or at which he or she currently resides, the amount of time to be served on parole or probation, the nature of the crime for which he or she was sentenced, transmitting at the same time a copy of such violent felony offender's fingerprints and photograph and a summary of his or her criminal record. If such violent felony offender changes his or her place of residence while on parole or probation, such notification of the change of residence shall be sent by the violent felony offender's parole or probation officer within fortyeight hours to the law enforcement agency having jurisdiction in which the new place of residence is located.

4. In the case in which any violent felony offender escapes from a state or local correctional facility or hospital, the designated official of the facility or hospital where the person was confined shall notify within twenty-four hours the law enforcement agency having had jurisdiction at the time of his or her conviction, informing such law enforcement agency of the name and aliases of the person, and the address at which he or she resided at the time of his or her conviction, the amount of time remaining to be served if any, on the full term for which he or she was sentenced, and the nature of the crime for which he or she was sentenced, transmitting at the same time a copy of such violent felony offender's fingerprints and photograph and a summary of his or her criminal record.

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§ 165. Duties of the court. 1. Upon conviction the court shall certify that the person is a violent felony offender and shall include the certification in the order of commitment. The court shall also advise the violent felony offender of the duties of this article.