LAWS OF NEW YORK, 1995
CHAPTER 192
Megan's Law


EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law to be omitted.


LAWS OF NEW YORK, 1995
CHAPTER 192

to amend the correction law, in relation to enacting the "Sex Offender
Registration Act"

Became a law July 25, 1995, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Legislative purpose or findings: The legislature finds that
the danger of recidivism posed by sex offenders, especially those sexu-
ally violent offenders who commit predatory acts characterized by repet-
itive and compulsive behavior, and that the protection of the public
from these offenders is of paramount concern or interest to government.
The legislature further finds that law enforcement agencies' efforts to
protect their communities, conduct investigations and quickly apprehend
sex offenders are impaired by the lack of information about sex offen-
ders who live within their jurisdiction and that the lack of information
shared with the public may result in the failure of the criminal justice
system to identify, investigate, apprehend and prosecute sex offenders.
The system of registering sex offenders is a proper exercise of the
state's police power regulating present and ongoing conduct. Registra-
tion will provide law enforcement with additional information critical
to preventing sexual victimization and to resolving incidents involving
sexual abuse and exploitation promptly. It will allow them to alert the
public when necessary for the continued protection of the community.
Persons found to have committed a sex offense have a reduced expecta-
tion of privacy because of the public's interest in safety and in the
effective operation of government. In balancing offenders due process
and other rights, and the interests of public security, the legislature
finds that releasing information about sex offenders to law enforcement
agencies and, under certain circumstances, providing access to limited
information about certain sex offenders to the general public, will
further the primary government interest of protecting vulnerable popu-
lations and in some instances the public, from potential harm.
Therefore, this state's policy, which will bring the state into
compliance with the federal crime control act 42 U.S.C. 170101, is to
assist local law enforcement agencies' efforts to protect their communi-
ties by requiring sex offenders to register and to authorize the release
of necessary and relevant information about certain sex offenders to the
public as provided in this act.

§ 2. The correction law is amended by adding a new article 6-C to read
as follows:
ARTICLE 6-C
SEX OFFENDER REGISTRATION ACT
Section 168. Short title.
168-a. Definitions.
168-b. Duties of the division; registration information.
168-c. Sex offender; relocation; notification.
168-d. Duties of the court.
168-e. Discharge of sex offender from correctional facility;
duties of official in charge.
168-f. Duty to register.
168-g. Prior convictions; duty to inform and register.
168-h. Duration of registration.
168-i. Registration requirements.
168-j. Notification of local law enforcement agencies of change
of address.
168-k. Registration for change of address from another state.
168-l. Board of examiners of sex offenders.
168-m. Review.
168-n. Judicial determination.
168-o. Petition for relief.
168-p. Special "900" telephone number.
168-q. Sexually violent predator subdirectory.
168-r. Immunity from liability.
168-s. Annual report.
168-t. Failure to register; penalty.
168-u. Unauthorized release of information.
168-v. Separability.

§ 168. Short title. This article shall be known and may be cited as

the "Sex Offender Registration Act".

§ 168-a. Definitions. As used in this article, the following defi-

nitions apply:
1. "Sex offender" includes any person who is convicted of any of the
offenses set forth in subdivision two or three 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. "Sex offense" means: (a) a conviction of or a conviction for an
attempt to commit any of the provisions of sections 130.25, 130.30,
130.40, 130.45, 130.60 and 255.25 or article 263 of the penal law, or
section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
ping offenses, provided the victim of such kidnapping or related offense
is less than seventeen years old; or
(b) a conviction of an offense of the law in any other jurisdiction of
an offense which includes all of the essential elements of any such
felony provided for in paragraph (a) of this subdivision for which a
sentence to a term of imprisonment in excess of one year or a sentence
of death was authorized and is authorized in this state irrespective of
whether such sentence was imposed.
3. "Sexually violent offense" means: (a) a conviction of or a
conviction for an attempt to commit any of the provisions of sections
130.35, 130.50, 130.65, 130.67 and 130.70 of the penal law; or
(b) a conviction of an offense of the law in any other jurisdiction of
an offense which includes all of the essential elements of any such
felony provided for in paragraph (a) of this subdivision for which a
sentence to a term of imprisonment in excess of one year or a sentence
of death was authorized and is authorized in this state irrespective of
whether such sentence was imposed.
4. "Law enforcement agency having jurisdiction" means the chief law
enforcement officer in the village, town or city in which the offender
expects to reside upon his discharge, probation, parole or upon any form
of state or local conditional release.
5. "Division" means the division of criminal justice services as
defined by section eight hundred thirty-seven of the executive law.
6. "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.
7. "Sexually violent predator" means a person who has been convicted
of a sexually violent offense as defined herein, or a sex offender as
defined herein who suffers from a mental abnormality that makes such
person likely to engage in predatory sexual conduct.
8. "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
sexual acts to a degree that makes the person a menace to the health and
safety of other persons.
9. "Predatory" means an act directed at a stranger, or a person with
whom a relationship has been established or promoted for the primary
purpose of victimization.
10. "Board" means the "board of examiners of sex offenders" estab-
lished pursuant to section one hundred sixty-eight-l of this article.
11. "Local correctional facility" means a local correctional facility
as that term is defined in subdivision sixteen of section two of this
chapter.

§ 168-b. 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 sex 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 sex 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 sex offenders for the purpose of shar-
ing information. The division shall accept files from any regional or
national registry of sex 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 require-
ments.
5. The division shall also establish and operate a 900 number as
provided for in section one hundred sixty-eight-p of this article.
6. The division shall also establish a sexually violent predator
subdirectory pursuant to section one hundred sixty-eight-q of this arti-
cle.
7. The division shall also establish a public awareness campaign to
advise the public of the provisions of this article.

§ 168-c. Sex offender; relocation; notification. 1. In the case of any

sex 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 sex 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 conviction, of the contemplated release
or discharge of such sex offender, informing such law enforcement agen-
cies of the name and aliases of the sex offender, the address at which
he proposes to reside, the address at which he resided at the time of
his conviction, the amount of time remaining to be served, if any, on
the full term for which he was sentenced, and the nature of the crime
for which he was sentenced, transmitting at the same time a copy of such
sex offender's fingerprints and photograph and a summary of his criminal
record. If such sex offender changes his place of residence while on
parole, such notification of the change of residence shall be sent by
the sex 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 sex 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 appropri-
ate, and of the law enforcement agency having had jurisdiction at the
time of his conviction, if different from where he currently resides,
and/or where he currently resides, of the sentence of probation, condi-
tional discharge or unconditional discharge, informing such law enforce-
ment agencies of the name and aliases of the person, the address at
which he proposes to reside, resided at and/or at which he currently
resides, the amount of time to be served on probation, and the nature of
the crime for which he was sentenced, transmitting at the same time a
copy of such sex offender's fingerprints and photograph and a summary of
his criminal record. If such person changes his place of residence
while on probation, such notification of the change of residence shall
be sent by the sex 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 sex offender, who on the effective date of this
subdivision is on parole or probation, it shall be the duty of such sex
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 conviction, if different from where he currently resides and/or
where he currently resides, of the name and aliases of such sex offen-
der, the address at which he resided and/or at which he currently
resides, the amount of time to be served on parole or probation, the
nature of the crime for which he was sentenced, transmitting at the same
time a copy of such sex offender's fingerprints and photograph and a
summary of his criminal record. If such sex offender changes his place
of residence while on parole or probation, such notification of the
change of residence shall be sent by the sex offender's parole or
probation officer within forty-eight hours to the law enforcement agency
having jurisdiction in which the new place of residence is located. For
purposes of this subdivision, a sex offender on probation or parole
includes a person convicted in any other state of any crime which would
have been punishable as an offense defined in section one hundred
sixty-eight-a of this article if committed in the state of New York who
is serving a term of probation or parole on or after the effective date
of this subdivision and resides in or enters the state of New York
pursuant to a compact as authorized in section two hundred fifty-nine-m
of the executive law.
4. In the case in which any sex offender escapes from a state or local
correctional facility or hospital, the designated official of the facil-
ity or hospital where the person was confined shall notify within twen-
ty-four hours the law enforcement agency having had jurisdiction at the
time of his conviction, informing such law enforcement agency of the
name and aliases of the person, and the address at which he resided at
the time of his conviction, the amount of time remaining to be served,
if any, on the full term for which he was sentenced, and the nature of
the crime for which he was sentenced, transmitting at the same time a
copy of such sex offender's fingerprints and photograph and a summary of
his criminal record.

§ 168-d. Duties of the court. 1. Upon conviction the court shall

certify that the person is a sex offender and shall include the certif-
ication in the order of commitment. The court shall also advise the sex
offender of the duties of this article.
2. Any sex offender, who is released on probation or discharged upon
payment of a fine shall, prior to such release or discharge, be informed
of his duty to register under this article by the court in which he was
convicted. Where the court orders a sex offender released on probation,
such order must include a provision requiring that he comply with the
requirements of this article. Where such sex offender violates such
provision, probation may be immediately revoked in the manner provided
by article four hundred ten of the criminal procedure law. The court
shall require the sex offender to read and sign such form as may be
required by the division stating the duty to register and the procedure
for registration has been explained to him. The court shall on such form
obtain the address where the sex offender expects to reside upon his
release, and shall report the address to the division. The court shall
give one copy of the form to the sex offender and shall send two copies
to the division which shall forward one copy to the law enforcement
agency having jurisdiction where the sex offender expects to reside upon
his release. Within ten calendar days of being released on probation or
discharged upon payment of a fine, such sex offender shall register with
the division for purposes of verifying such sex offender's intended
place of residence.
3. For sex offenders under this section, it shall be the duty of the
court applying the guidelines established in subdivision five of section
one hundred sixty-eight-l of this article to determine the duration of
registration pursuant to section one hundred sixty-eight-h of this arti-
cle and notification pursuant to subdivision six of section one hundred
sixty-eight-l. In making the determination, the court shall review any
victim's statement and any materials submitted by the sex offender. The
court shall also allow the sex offender to appear and be heard, and
inform the sex offender of his right to have counsel appointed, if
necessary.

§ 168-e. Discharge of sex offender from correctional facility; duties

of official in charge. 1. Any sex offender, to be discharged, paroled or
released from any state or local correctional facility, hospital or
institution where he was confined or committed, shall within forty-five
calendar days prior to discharge, parole or release, be informed of his
duty to register under this article, by the facility in which he was
confined or committed. The facility shall require the sex offender to
read and sign such form as may be required by the division stating the
duty to register and the procedure for registration has been explained
to him. The facility shall obtain on such form the address where the sex
offender expects to reside upon his discharge, parole or release and
shall report the address to the division. The facility shall give one
copy of the form to the sex offender and shall send two copies to the
division which shall forward one copy to the law enforcement agency
having jurisdiction where the sex offender expects to reside upon his
discharge, parole or release. In addition, the facility shall give the
sex offender a form to register with the division within ten calendar
days for purposes of verifying such sex offender's intended place of
residence.
2. The division shall also immediately transmit the conviction data
and fingerprints to the Federal Bureau of Investigation if not already
obtained.

§ 168-f. Duty to register. 1. Any sex offender, who is discharged,

paroled or released from any state or local correctional facility,
hospital or institution where he was confined or committed, shall regis-
ter with the division within ten calendar days for purposes of verifying
such sex offender's intended place of residence.
2. For a sex offender required to register under this article on each
anniversary of the sex offender's initial registration date during the
period in which he is required to register under this section the
following applies:
(a) The sex offender shall mail the verification form to the division
within ten calendar days after receipt of the form.
(b) The verification form shall be signed by the sex offender, and
state that he still resides at the address last reported to the divi-
sion.
(c) If the sex offender fails to mail the verification form to the
division within ten calendar days after receipt of the form, he shall be
in violation of this section unless he proves that he has not changed
his residence address.
3. The provisions of subdivision two of this section shall be applied
to a sex offender required to register under this article except that
such sex offender designated as a sexually violent predator must
personally verify with the local law enforcement agency, the registra-
tion every ninety calendar days after the date of the initial release or
commencement of parole.
4. Any sex offender shall register with the division within ten calen-
dar days prior to any change of address. The division shall, if the sex
offender changes residence to another state, notify the appropriate
state law enforcement agency with which the sex offender must register
in the new state. If any person required to register as provided in
this article changes the address of his residence, the sex offender
shall within ten calendar days, inform in writing the law enforcement
agency where last registered of the new address. The law enforcement
agency shall, within three calendar days of receipt of the new address,
forward this information to the department of criminal justice services
and to the law enforcement agency having jurisdiction in the new place
of residence.
5. The duty to register under the provisions of this article shall not
be applicable to any sex offender whose conviction was reversed upon
appeal or who was pardoned by the governor.

§ 168-g. Prior convictions; duty to inform and register. 1. The divi-

sion of parole or department of probation and correctional alternatives
in accordance with risk factors pursuant to section one hundred sixty-
eight-l of this article shall determine the duration of registration and
notification for every sex offender who on the effective date of this
article is then on parole or probation for an offense provided for in
subdivision two or three of section one hundred sixty-eight-a of this
article.
2. Every sex offender who on the effective date of this article is
then on parole or probation for an offense provided for in subdivision
two or three of section one hundred sixty-eight-a of this article shall
within ten calendar days of such determination register with his parole
or probation officer. On each anniversary of the sex offender's initial
registration date thereafter, the provisions of section one hundred
sixty-eight-f of this article shall apply. Any sex offender who fails
or refuses to so comply shall be subject to the same penalties as other-
wise provided for in this article which would be imposed upon a sex
offender who fails or refuses to so comply with the provisions of this
article on or after such effective date.
3. It shall be the duty of the parole or probation officer to inform
and register such sex offender according to the requirements imposed by
this article. A parole or probation officer shall give one copy of the
form to the sex offender and shall, within three calendar days, send two
copies electronically or otherwise to the division which shall forward
one copy electronically or otherwise to the law enforcement agency
having jurisdiction where the sex offender resides upon his parole,
probation, or upon any form of state or local conditional release.
4. A petition for relief from this section is permitted to any sex
offender required to register while released on parole or probation
pursuant to section one hundred sixty-eight-o of this article.

§ 168-h. Duration of registration. The duration of registration for a

sex offender shall be annually for a period of ten years from the
initial date of registration, provided, however, that for a sexually
violent predator, he shall annually register and verify quarterly for a
minimum of ten years unless the court determines in accordance with
section one hundred sixty-eight-o of this article, that the person no
longer suffers from a mental abnormality that would make him likely to
engage in a predatory sexually violent offense.

§ 168-i. Registration requirements. Registration as required by this

article shall consist of a statement in writing signed by the sex offen-
der giving the information that is required by the division and the
division shall enter the information into an appropriate electronic data
base or file.

§ 168-j. Notification of local law enforcement agencies of change of

address. (a) Upon receipt of a change of address by a sex offender
required to register under this article, the local law enforcement agen-
cy where the sex offender last registered shall within three calendar
days of receipt of the new address, forward this information to the
division and to the local law enforcement agency having jurisdiction of
the new place of residence.
(b) A change of address by a sex offender required to register under
this article shall be immediately reported by the division to the appro-
priate law enforcement agency having jurisdiction where the sex offender
is residing.
(c) Upon receipt of change of address information, the local law
enforcement agency having jurisdiction of the new place of residence
shall adhere to the notification provisions set forth in subdivision six
of section one hundred sixty-eight-l of this article.

§ 168-k. Registration for change of address from another state. A sex

offender who has been convicted of an offense which requires registra-
tion under paragraph (b) of subdivision two or three of section one
hundred sixty-eight-a of this article shall register the new address
with the division no later than ten calendar days after such sex offen-
der establishes residence in this state. The division shall coordinate
with the designated law enforcement agency of the state of which the
individual departed on information relevant to the duration of registra-
tion.

§ 168-l. Board of examiners of sex offenders. 1. There shall be a

board of examiners of sex offenders which shall possess the powers and
duties hereinafter specified. Such board shall consist of five members
appointed by the governor. Three members who shall be experts in the
field of the behavior and treatment of sex offenders shall be employees
of the division of parole and the remaining two members shall be from
the department. The term of office of each member of such board shall
be for six years; provided, however, that any member chosen to fill a
vacancy occurring otherwise than by expiration of term shall be
appointed for the remainder of the unexpired term of the member whom he
is to succeed. In the event of the inability to act of any member, the
governor may appoint some competent informed person to act in his stead
during the continuance of such disability.
2. The governor shall designate one of the members of the board as
chairman to serve in such capacity at the pleasure of the governor or
until the member's term of office expires and a successor is designated
in accordance with law, whichever first occurs.
3. Any member of the board may be removed by the governor for cause
after an opportunity to be heard.
4. Except as otherwise provided by law, a majority of the board shall
constitute a quorum for the transaction of all business of the board.
5. The board shall develop guidelines and procedures to assess the
risk of a repeat offense by such sex offender and the threat posed to
the public safety. Such guidelines shall be based upon, but not limited
to, the following:
(a) criminal history factors indicative of high risk of repeat
offense, including:
(i) whether the sex offender has a mental abnormality;
(ii) whether the sex offender's conduct was found to be characterized
by repetitive and compulsive behavior, associated with drugs or alcohol;
(iii) whether the sex offender served the maximum term;
(iv) whether the sex offender committed the felony sex offense against
a child;
(v) the age of the sex offender at the time of the commission of the
first sex offense;
(b) other criminal history factors to be considered in determining
risk, including:
(i) the relationship between such sex offender and the victim;
(ii) whether the offense involved the use of a weapon, violence or
infliction of serious bodily injury;
(iii) the number, date and nature of prior offenses;
(c) conditions of release that minimize risk or* re-offense, including

————————————————————————————————————
* So in original. ("or" should be "of".)

but not limited to whether the sex offender is under supervision;
receiving counseling, therapy or treatment; or residing in a home situ-
ation that provides guidance and supervision;
(d) physical conditions that minimize risk of re-offense, including
but not limited to advanced age or debilitating illness; (e) whether psychological or psychiatric profiles indicate a risk of
recidivism;
(f) the sex offender's response to treatment;
(g) recent behavior, including behavior while confined;
(h) recent threats or gestures against persons or expressions of
intent to commit additional offenses; and
(i) review of any victim impact statement.
6. Applying these guidelines, the board shall within sixty calendar
days prior to the discharge, parole or release of a sex offender make a
recommendation which shall be confidential and shall not be available
for public inspection, to the sentencing court as to whether such sex
offender warrants the designation of sexually violent predator. In
addition, the guidelines shall be applied by the board to make a recom-
mendation to the sentencing court, providing for one of the following
three levels of notification notwithstanding any other provision of law
depending upon the degree of the risk of re-offense by the sex offender.
(a) If the risk of repeat offense is low, a level one designation
shall be given to such sex offender. In such case the law enforcement
agency having jurisdiction and the law enforcement agency having had
jurisdiction at the time of his conviction shall be notified pursuant to
this article.
(b) If the risk of repeat offense is moderate, a level two designation
shall be given to such sex offender. In such case the law enforcement
agency having jurisdiction and the law enforcement agency having had
jurisdiction at the time of his conviction shall be notified and may
disseminate relevant information which may include approximate address
based on sex offender's zip code, a photograph of the offender, back-
ground information including the offender's crime of conviction, modus
of operation, type of victim targeted and the description of special
conditions imposed on the offender to any entity with vulnerable popu-
lations related to the nature of the offense committed by such sex
offender. Any entity receiving information on a sex offender may
disclose or further disseminate such information at their discretion.
(c) If the risk of repeat offense is high and there exists a threat to
the public safety, such sex offender shall be deemed a "sexually violent
predator" and a level three designation shall be given to such sex
offender. In such case, the law enforcement agency having jurisdiction
and the law enforcement agency having had jurisdiction at the time of
his conviction shall be notified and may disseminate relevant informa-
tion which may include the sex offender's exact address, a photograph of
the offender, background information including the offender's crime of
conviction, modus of operation, type of victim targeted, and the
description of special conditions imposed on the offender to any entity
with vulnerable populations related to the nature of the offense commit-
ted by such sex offender. Any entity receiving information on a sex
offender may disclose or further disseminate such information at their
discretion. In addition, in such case, the information described herein
shall also be provided in the subdirectory established in this article
and notwithstanding any other provision of law, such information shall,
upon request, be made available to the public.
7. Upon request by the court, pursuant to section one hundred sixty-
eight-o of this article, the board shall provide an updated report
pertaining to the sex offender petitioning relief of duty to register.

§ 168-m. Review. Notwithstanding any other provision of law to the

contrary, any state or local correctional facility, hospital or institu-
tion shall forward relevant information pertaining to a sex offender to
be discharged, paroled or released to the board for review no later than
one hundred twenty days prior to the release or discharge and the board
shall make recommendations as provided in subdivision six of section one
hundred sixty-eight-l of this article within sixty days of receipt of
the information. Information may include but may not be limited to the
commitment file, medical file and treatment file pertaining to such
person. Such person shall be permitted to submit to the board any
information relevant to the review.

§ 168-n. Judicial determination. 1. A determination that an offender

is a sex offender or a sexually violent predator shall be made prior to
the discharge, parole or release of such offender by the sentencing
court after receiving a recommendation from the board pursuant to
section one hundred sixty-eight-l of this article.
2. In addition, the sentencing court shall also make a determination
with respect to the level of notification, after receiving a recommenda-
tion from the board pursuant to section one hundred sixty-eight-l of
this article. Both determinations of the sentencing court shall be made
thirty calendar days prior to discharge, parole or release.
3. In making the determination, the court shall, review any victim's
statement and any materials submitted by the sex offender. The court
shall also allow the sex offender to appear and be heard, and inform the
sex offender of his right to have counsel appointed, if necessary.
4. Upon determination that the risk of repeat offense and threat to
public safety is high, the sentencing court shall also notify the divi-
sion of such fact for the purposes of section one hundred sixty-eight-q
of this article.
5. Upon the reversal of a conviction of a sexual offense defined in
paragraphs (a) and (b) of subdivision two or three of section one
hundred sixty-eight-a of this article, the court shall order the
expungement of any records required to be kept herein.

§ 168-o. Petition for relief. Any sex offender required to register

pursuant to this article may be relieved of any further duty to register
upon the granting of a petition for relief by the sentencing court.
Upon receipt of the petition for relief, the court shall notify the
board and request an updated report pertaining to the sex offender.
After receiving the report from the board, the court may grant or deny
the relief sought. The court may consult with the victim prior to making
a determination on the petition. Such petition, if granted, shall not
relieve the petitioner of the duty to register pursuant to this article
upon conviction of any offense requiring registration in the future.

§ 168-p. Special "900" telephone number. 1. Pursuant to section one

hundred sixty-eight-b of this article, the division shall also operate a
"900" telephone number that members of the public may call and inquire
whether a named individual required to register pursuant to this article
is listed. The division shall ascertain whether a named person reason-
ably appears to be a person so listed and provide the caller with the
relevant information according to risk as described in subdivision six
of section one hundred sixty-eight-l of this article. The division
shall decide whether the named person reasonably appears to be a person
listed, based upon information from the caller providing information
that shall include (a) an exact street address, including apartment
number, driver's license number or birth date, along with additional
information that may include social security number, hair color, eye
color, height, weight, distinctive markings, ethnicity; or (b) any
combination of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics provided
include ethnicity, hair color, and eye color, other identifying charac-
teristics shall be provided. Any information identifying the victim by
name, birth date, address or relation to the person listed by the divi-
sion shall be excluded by the division.
2. When the "900" number is called, a preamble shall be played before
charges begin to accrue. The preamble shall run at least the length of
time required by federal law and shall provide the following informa-
tion:
(a) notice that the caller's telephone number will be recorded;
(b) the charges for use of the "900" number;
(c) notice that the caller is required to identify himself or herself
to the operator and provide current address and shall be maintained in a
written record;
(d) notice that the caller is required to be eighteen years of age or
older;
(e) a warning that it is illegal to use information obtained through
the "900" number to commit a crime against any person listed or to
engage in illegal discrimination or harassment against such person;
(f) notice that the caller is required to have the birth date, driv-
er's license or identification number, or address or other identifying
information regarding the person about whom information is sought in
order to achieve a positive identification of that person;
(g) a statement that the number is not a crime hotline and that any
suspected criminal activity should be reported to local authorities.
3. Whenever there is reasonable cause to believe that any person or
group of persons is engaged in a pattern or practice of misuse of the
"900" number, the attorney general, any district attorney or any person
aggrieved by the misuse of the number is authorized to bring a civil
action in the appropriate court requesting preventive relief, including
an application for a permanent or temporary injunction, restraining
order or other order against the person or group of persons responsible
for the pattern or practice of misuse. The foregoing remedies shall be
independent of any other remedies or procedures that may be available to
an aggrieved party under other provisions of law. Such person or group
of persons shall be subject to a fine of not less than five hundred
dollars and not more than one thousand dollars.
4. The division shall submit to the legislature an annual report on
the operation of the "900" telephone number. The annual report shall
include, but not be limited to, all of the following:
(a) number of calls received;
(b) amount of income earned per year through operation of the "900"
number;
(c) a detailed outline of the amount of money expended and the manner
in which it was expended for purposes of this section;
(d) number of calls that resulted in an affirmative response and the
number of calls that resulted in a negative response with regard to
whether a named individual was listed;
(e) number of persons listed; and
(f) a summary of the success of the "900" telephone number program
based upon selected factors.

§ 168-q. Sexually violent predator subdirectory. 1. The division of

criminal justice services shall maintain a subdirectory of sexually
violent predators. The subdirectory shall include the exact address and
photograph of the sex offender along with the following information, if
available: name, physical description, age and distinctive markings.
Background information including the sex offender's crime of conviction,
modus of operation, type of victim targeted, and a description of
special conditions imposed on the sex offender shall also be included.
The subdirectory shall have sex offender listings categorized by county
and zip code. A copy of the subdirectory shall annually be distributed
to the offices of local village, town or city police departments for
purposes of public access. Such departments shall require that a person
in writing express a purpose in order to have access to the subdirectory
and such department shall maintain these requests. Any information iden-
tifying the victim by name, birth date, address or relation to the sex
offender shall be excluded from the subdirectory distributed for
purposes of public access. The subdirectory provided for herein shall be
updated periodically to maintain its efficiency and usefulness and may
be computer accessible.
2. Any person who uses information disclosed pursuant to this section
in violation of the law shall in addition to any other penalty or fine
imposed, be subject to a fine of not less than five hundred dollars and
not more than one thousand dollars. Unauthorized removal or duplication
of the subdirectory from the offices of local, village or city police
department shall be punishable by a fine not to exceed one thousand
dollars. In addition, the attorney general, any district attorney, or
any person aggrieved is authorized to bring a civil action in the appro-
priate court requesting preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for such action. The
foregoing remedies shall be independent of any other remedies or proce-
dures that may be available to an aggrieved party under other provisions
of law.

§ 168-r. Immunity from liability. 1. No official, employee or agency,

whether public or private, shall be subject to any civil or criminal
liability for damages for any discretionary decision to release relevant
and necessary information pursuant to this section, unless it is shown
that such official, employee or agency acted with gross negligence or in
bad faith. The immunity provided under this section applies to the
release of relevant information to other employees or officials or to
the general public.
2. Nothing in this section shall be deemed to impose any civil or
criminal liability upon or to give rise to a cause of action against any
official, employee or agency, whether public or private, for failing to
release information as authorized in this section unless it is shown
that such official, employee or agency acted with gross negligence or in
bad faith.

§ 168-s. Annual report. The division shall on or before February first

in each year file a report with the governor, and the legislature
detailing the program, compliance with provisions of this article and
effectiveness of the provisions of this article, together with any
recommendations to further enhance the intent of this article.

§ 168-t. Failure to register; penalty. Any person required to register

pursuant to the provisions of this article who fails to register in the
manner and within the time periods provided for herein shall be guilty
of a class A misdemeanor for the first offense, and for a second or
subsequent offense shall be guilty of a class D felony. Any such fail-
ure to register may also be the basis for revocation of parole pursuant
to section two hundred fifty-nine-i of the executive law.

§ 168-u. Unauthorized release of information. The unauthorized

release of any information required by this article shall be a class B
misdemeanor.

§ 168-v. Separability. If any section of this article, or part thereof

shall be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder or
any other section or part thereof.

§ 3. This act shall take effect 180 days after the date on which it
shall have become a law, provided, however, that any rules and regu-
lations necessary for the timely implementation of this act on such date
shall be promulgated immediately.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.



JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly