Spaceman
03-10-2003, 10:52 AM
Here is a copy of the a bill, which was introduced Feb. 20th, 2003, that deals with 'animal rights terrorists':
VERSION: Introduced
February 20, 2003
Smith
AN ACT to amend the agriculture and markets law, in relation to unlawful tampering with animal activities
TEXT:
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Section 378 of the agriculture and markets law, as added by chapter 609 of the laws of 1991, is amended to read as follows:
Section 378. Unlawful tampering with animal <<- research ->> <<+ ACTIVITIES. 1. +>> Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "Infectious agents" shall be limited to those organisms that cause serious physical injury or death to humans.
(b) "Animal" means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, however, shall not include any animal held primarily as a pet.
(c) "Facility" means any building, structure, laboratory, vehicle, pasture, paddock, pond, impoundment or premises where any scientific research, test, experiment, production, education, or investigation involving the use of any animal is carried out, conducted or attempted or where records or documents relating to an animal or animal research, tests, experiments, production, education or investigation are maintained.
(d) "Release" means to intentionally set free from any facility any animal without any right, title, or claim thereto.
(e) "Abandonment" means the intentional relinquishment or forsaking of possession or control of any animal released from a facility.
(f) "Person" means any individual, firm, organization, partnership, association or corporation.
(g) "Secret scientific material" means a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof which is stored, tested, studied or examined in any facility, and which is not, and not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.
(h) "Notice" means to provide information in such detail to make a reasonable person aware of the presence in a facility of infectious agents or secret scientific material.
<<+ (I) "ANIMAL ACTIVITIES" MEANS ANY ACTIVITY INVOLVING THE USE OF ANIMALS OR ANIMAL PARTS TO INCLUDE HUNTING, FISHING, TRAPPING, TRAVELING, CAMPING, PRODUCTION, PREPARATION OR PROCESSING OF FOOD OR FOOD PRODUCTS, CLOTHING OR GARMENT MANUFACTURING, MEDICAL OR OTHER RESEARCH, ENTERTAINMENT, RECREATION, AGRICULTURE, OR ANY OTHER SERVICES INVOLVING THE USE OF ANIMALS. +>>
<<+ (J) "ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION" MEANS ANY ASSOCIATION, ORGANIZATION, ENTITY, COALITION, OR COMBINATION OF TWO OR MORE PERSONS WITH THE PRIMARY OR INCIDENTAL PURPOSE OF SUPPORTING ANY POLITICALLY MOTIVATED ACTIVITY THROUGH INTIMIDATION, COERCION, FEAR, OR OTHER MEANS THAT IS INTENDED TO OBSTRUCT, IMPEDE OR DETER ANY PERSON FROM PARTICIPATING IN A LAWFUL ANIMAL ACTIVITY, ANIMAL FACILITY, RESEARCH FACILITY, OR THE LAWFUL ACTIVITY OF MINING, FORESTING, HARVESTING, GATHERING OR PROCESSING NATURAL RESOURCES. +>>
2. Notice. Any person who, after notice has been given by:
(a) actual notice in writing or orally to the person; or (b) prominently posting written notice upon or immediately adjacent to the facility; or (c) notice that is announced upon entry to the facility by any person:
(i) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (ii) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility, shall be guilty of unlawful tampering with animal research. Unlawful tampering with animal research is a class E felony punishable in accordance with the penal law.
3. Private right of action. Any person who violates any provision of this section shall be liable in any court of competent jurisdiction, including small claims court, in an amount equal to:
(a) Damages sustained as a result of such violation or fifty dollars, whichever is greater, for each violation; (b) Such additional punitive damages as the court may allow; (c) Attorney's fees and costs; and (d) Cost of duplicating any experiment which was damaged by the unlawful tampering with animal research, if applicable.
<<+ 4. AN ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION OR ANY PERSON ACTING ON ITS BEHALF OR AT ITS REQUEST OR FOR ITS BENEFIT OR ANY INDIVIDUAL WHOSE INTENT TO COMMIT THE ACTIVITY WAS POLITICALLY MOTIVATED IS PROHIBITED FROM: +>>
<<+ (A) DEPRIVING THE OWNER OF AN ANIMAL OR NATURAL RESOURCE FROM PARTICIPATING IN AN ANIMAL OR NATURAL RESOURCE ACTIVITY BY: +>>
<<+ (I) OBSTRUCTING THE LAWFUL USE OF AN ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY FROM THE OWNER PERMANENTLY OR FOR SUCH A PERIOD OF TIME THAT A SIGNIFICANT PORTION OF THE VALUE OR ENJOYMENT OF THE ANIMAL, NATURAL RESOURCE OR PROPERTY IS LOST TO THE OWNER; (II) TAKING OR DETAINING THE ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY AND AGREE TO RESTORE IT ONLY UPON REWARD OR OTHER COMPENSATION; OR (III) DISPOSING OF AN ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY OR TO SO ALTER ITS CONDITION OR USEFULNESS THAT THE VALUE OF THE ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY IS SUBSTANTIALLY REDUCED. +>>
<<+ (B) OBSTRUCTING OR IMPEDING THE USE OF AN ANIMAL FACILITY OR THE USE OF A NATURAL RESOURCE WITHOUT THE EFFECTIVE CONSENT OF THE OWNER BY: +>>
<<+ (I) DAMAGING OR DESTROYING AN ANIMAL OR RESEARCH FACILITY, OR OTHER PROPERTY IN OR ON THE PREMISES; (II) ENTERING AN ANIMAL OR RESEARCH FACILITY THAT IS AT THE TIME CLOSED TO THE PUBLIC; (III) REMAINING CONCEALED IN AN ANIMAL OR RESEARCH FACILITY WITH THE INTENT TO COMMIT AN ACT PROHIBITED BY THIS CHAPTER; (IV) ENTERING AN ANIMAL OR RESEARCH FACILITY AND COMMIT OR ATTEMPT TO COMMIT AN ACT PROHIBITED BY THIS CHAPTER; (V) ENTERING AN ANIMAL OR RESEARCH FACILITY TO TAKE PICTURES BY PHOTOGRAPH, VIDEO CAMERA, OR OTHER MEANS WITH THE INTENT TO COMMIT CRIMINAL ACTIVITIES OR DEFAME THE FACILITY OR ITS OWNER; (VI) ENTERING OR REMAINING ON THE PREMISES OF AN ANIMAL OR RESEARCH FACILITY IF THE PERSON OR ORGANIZATION: +>>
<<+ (1) HAD NOTICE THAT THE ENTRY WAS FORBIDDEN; OR (2) RECEIVED NOTICE TO DEPART BUT FAILED TO DO SO; OR (VII) CAUSING A PHYSICAL DISRUPTION OF AN ANIMAL OR RESEARCH FACILITY. +>>
<<+ (C) INTERFERING WITH ANY LAWFUL ANIMAL ACTIVITY OR THE LAWFUL USE OF A NATURAL RESOURCE OR ITS BYPRODUCT. +>>
<<+ (D) PARTICIPATING IN OR SUPPORTING ANIMAL OR ECOLOGICAL TERRORISM TO INCLUDE RAISING, SOLICITING, COLLECTING OR PROVIDING ANY PERSON WITH MATERIAL, FINANCIAL SUPPORT OR OTHER RESOURCES SUCH AS LODGING, TRAINING, SAFE HOUSES, FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATIONS, EQUIPMENT OR TRANSPORTATION THAT WILL BE USED IN WHOLE OR IN PART, TO ENCOURAGE, PLAN, PREPARE, CARRY OUT, PUBLICIZE, PROMOTE OR AID AN ACT OF ANIMAL OR ECOLOGICAL TERRORISM, THE CONCEALMENT OF, OR AN ESCAPE FROM, AN ACT OF ANIMAL OR ECOLOGICAL TERRORISM. +>>
<<+ 5. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACTIVITIES OF A: +>>
<<+ (A) GOVERNMENT AGENCY OR ITS EMPLOYEES WHO ARE CARRYING OUT THEIR RESPONSIBILITIES UNDER LAW OR TO LAWFUL ACTIVITIES OF A FINANCIAL INSTITUTION OR OTHER SECURED PARTY; AND (B) HUMANE ANIMAL TREATMENT SHELTER OR ITS EMPLOYEES WHOSE PRIMARY PURPOSE IS THE BONA FIDE CONTROL OR HUMANE CARE OF ANIMALS WHEN ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. +>>
<<+ 6. A PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION AND THAT RESULTS IN FIVE HUNDRED DOLLARS OR LESS IN PHYSICAL DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A FIRST DEGREE MISDEMEANOR AND FINED NOT MORE THAN ONE THOUSAND DOLLARS OR BE IMPRISONED IN THE COUNTY JAIL FOR A TERM NOT TO EXCEED SIX MONTHS, OR BOTH. A PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION AND THAT RESULTS IN MORE THAN FIVE HUNDRED DOLLARS IN PHYSICAL DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A THIRD DEGREE FELONY AND FINED NOT MORE THAN TEN THOUSAND DOLLARS OR BE IMPRISONED IN THE STATE PRISON FOR A TERM NOT TO EXCEED FIVE YEARS, OR BOTH. ANY PERSON CONVICTED OF OR THAT PLEADS GUILTY TO VIOLATING SUBDIVISION FOUR OF THIS SECTION AND SUCH ACTIVITY INTENTIONALLY OR NEGLIGENTLY RESULTS IN BODILY HARM TO ANY INDIVIDUAL, THE PENALTY CLASSIFICATION SHALL BE ELEVATED ONE DEGREE. +>>
<<+ 7. THERE IS HEREBY CREATED THE REGISTRY OF ANIMAL AND ECOLOGICAL TERRORISTS. A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION SHALL BE REGISTERED WITH THE ATTORNEY GENERAL ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL. THE REGISTRY SHALL CONTAIN THE NAME, A CURRENT RESIDENCE ADDRESS, A RECENT PHOTOGRAPH AND SIGNATURE OF THE OFFENDER. THE OFFENDER IS REQUIRED TO PROVIDE WRITTEN NOTICE TO THE ATTORNEY GENERAL REGARDING ANY CHANGE IN NAME OR RESIDENCE ADDRESS WITHIN THIRTY DAYS OF MAKING THE CHANGE. THE ATTORNEY GENERAL SHALL CREATE A WEBSITE CONTAINING THE INFORMATION SET FORTH IN THIS SUBDIVISION FOR EACH PERSON WHO IS CONVICTED OR PLEADS GUILTY TO SUCH A VIOLATION. INFORMATION REGARDING AN OFFENDER SHALL REMAIN ON THE WEBSITE FOR NO LESS THAN THREE YEARS AT WHICH TIME THE REGISTRANT MAY APPLY TO THE ATTORNEY GENERAL FOR REMOVAL AFTER A HEARING ON THE APPLICATION FOR REMOVAL. +>>
In any action brought by any person to enforce this section, the court may, subject to its jurisdiction, issue an injunction to restrain or prevent any violation of this section or any continuance of any such violation.
Section 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
2003 NY A.B. 4884 (SN)
VERSION: Introduced
February 20, 2003
Smith
AN ACT to amend the agriculture and markets law, in relation to unlawful tampering with animal activities
TEXT:
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Section 378 of the agriculture and markets law, as added by chapter 609 of the laws of 1991, is amended to read as follows:
Section 378. Unlawful tampering with animal <<- research ->> <<+ ACTIVITIES. 1. +>> Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "Infectious agents" shall be limited to those organisms that cause serious physical injury or death to humans.
(b) "Animal" means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, however, shall not include any animal held primarily as a pet.
(c) "Facility" means any building, structure, laboratory, vehicle, pasture, paddock, pond, impoundment or premises where any scientific research, test, experiment, production, education, or investigation involving the use of any animal is carried out, conducted or attempted or where records or documents relating to an animal or animal research, tests, experiments, production, education or investigation are maintained.
(d) "Release" means to intentionally set free from any facility any animal without any right, title, or claim thereto.
(e) "Abandonment" means the intentional relinquishment or forsaking of possession or control of any animal released from a facility.
(f) "Person" means any individual, firm, organization, partnership, association or corporation.
(g) "Secret scientific material" means a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof which is stored, tested, studied or examined in any facility, and which is not, and not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.
(h) "Notice" means to provide information in such detail to make a reasonable person aware of the presence in a facility of infectious agents or secret scientific material.
<<+ (I) "ANIMAL ACTIVITIES" MEANS ANY ACTIVITY INVOLVING THE USE OF ANIMALS OR ANIMAL PARTS TO INCLUDE HUNTING, FISHING, TRAPPING, TRAVELING, CAMPING, PRODUCTION, PREPARATION OR PROCESSING OF FOOD OR FOOD PRODUCTS, CLOTHING OR GARMENT MANUFACTURING, MEDICAL OR OTHER RESEARCH, ENTERTAINMENT, RECREATION, AGRICULTURE, OR ANY OTHER SERVICES INVOLVING THE USE OF ANIMALS. +>>
<<+ (J) "ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION" MEANS ANY ASSOCIATION, ORGANIZATION, ENTITY, COALITION, OR COMBINATION OF TWO OR MORE PERSONS WITH THE PRIMARY OR INCIDENTAL PURPOSE OF SUPPORTING ANY POLITICALLY MOTIVATED ACTIVITY THROUGH INTIMIDATION, COERCION, FEAR, OR OTHER MEANS THAT IS INTENDED TO OBSTRUCT, IMPEDE OR DETER ANY PERSON FROM PARTICIPATING IN A LAWFUL ANIMAL ACTIVITY, ANIMAL FACILITY, RESEARCH FACILITY, OR THE LAWFUL ACTIVITY OF MINING, FORESTING, HARVESTING, GATHERING OR PROCESSING NATURAL RESOURCES. +>>
2. Notice. Any person who, after notice has been given by:
(a) actual notice in writing or orally to the person; or (b) prominently posting written notice upon or immediately adjacent to the facility; or (c) notice that is announced upon entry to the facility by any person:
(i) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (ii) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility, shall be guilty of unlawful tampering with animal research. Unlawful tampering with animal research is a class E felony punishable in accordance with the penal law.
3. Private right of action. Any person who violates any provision of this section shall be liable in any court of competent jurisdiction, including small claims court, in an amount equal to:
(a) Damages sustained as a result of such violation or fifty dollars, whichever is greater, for each violation; (b) Such additional punitive damages as the court may allow; (c) Attorney's fees and costs; and (d) Cost of duplicating any experiment which was damaged by the unlawful tampering with animal research, if applicable.
<<+ 4. AN ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION OR ANY PERSON ACTING ON ITS BEHALF OR AT ITS REQUEST OR FOR ITS BENEFIT OR ANY INDIVIDUAL WHOSE INTENT TO COMMIT THE ACTIVITY WAS POLITICALLY MOTIVATED IS PROHIBITED FROM: +>>
<<+ (A) DEPRIVING THE OWNER OF AN ANIMAL OR NATURAL RESOURCE FROM PARTICIPATING IN AN ANIMAL OR NATURAL RESOURCE ACTIVITY BY: +>>
<<+ (I) OBSTRUCTING THE LAWFUL USE OF AN ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY FROM THE OWNER PERMANENTLY OR FOR SUCH A PERIOD OF TIME THAT A SIGNIFICANT PORTION OF THE VALUE OR ENJOYMENT OF THE ANIMAL, NATURAL RESOURCE OR PROPERTY IS LOST TO THE OWNER; (II) TAKING OR DETAINING THE ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY AND AGREE TO RESTORE IT ONLY UPON REWARD OR OTHER COMPENSATION; OR (III) DISPOSING OF AN ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY OR TO SO ALTER ITS CONDITION OR USEFULNESS THAT THE VALUE OF THE ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY IS SUBSTANTIALLY REDUCED. +>>
<<+ (B) OBSTRUCTING OR IMPEDING THE USE OF AN ANIMAL FACILITY OR THE USE OF A NATURAL RESOURCE WITHOUT THE EFFECTIVE CONSENT OF THE OWNER BY: +>>
<<+ (I) DAMAGING OR DESTROYING AN ANIMAL OR RESEARCH FACILITY, OR OTHER PROPERTY IN OR ON THE PREMISES; (II) ENTERING AN ANIMAL OR RESEARCH FACILITY THAT IS AT THE TIME CLOSED TO THE PUBLIC; (III) REMAINING CONCEALED IN AN ANIMAL OR RESEARCH FACILITY WITH THE INTENT TO COMMIT AN ACT PROHIBITED BY THIS CHAPTER; (IV) ENTERING AN ANIMAL OR RESEARCH FACILITY AND COMMIT OR ATTEMPT TO COMMIT AN ACT PROHIBITED BY THIS CHAPTER; (V) ENTERING AN ANIMAL OR RESEARCH FACILITY TO TAKE PICTURES BY PHOTOGRAPH, VIDEO CAMERA, OR OTHER MEANS WITH THE INTENT TO COMMIT CRIMINAL ACTIVITIES OR DEFAME THE FACILITY OR ITS OWNER; (VI) ENTERING OR REMAINING ON THE PREMISES OF AN ANIMAL OR RESEARCH FACILITY IF THE PERSON OR ORGANIZATION: +>>
<<+ (1) HAD NOTICE THAT THE ENTRY WAS FORBIDDEN; OR (2) RECEIVED NOTICE TO DEPART BUT FAILED TO DO SO; OR (VII) CAUSING A PHYSICAL DISRUPTION OF AN ANIMAL OR RESEARCH FACILITY. +>>
<<+ (C) INTERFERING WITH ANY LAWFUL ANIMAL ACTIVITY OR THE LAWFUL USE OF A NATURAL RESOURCE OR ITS BYPRODUCT. +>>
<<+ (D) PARTICIPATING IN OR SUPPORTING ANIMAL OR ECOLOGICAL TERRORISM TO INCLUDE RAISING, SOLICITING, COLLECTING OR PROVIDING ANY PERSON WITH MATERIAL, FINANCIAL SUPPORT OR OTHER RESOURCES SUCH AS LODGING, TRAINING, SAFE HOUSES, FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATIONS, EQUIPMENT OR TRANSPORTATION THAT WILL BE USED IN WHOLE OR IN PART, TO ENCOURAGE, PLAN, PREPARE, CARRY OUT, PUBLICIZE, PROMOTE OR AID AN ACT OF ANIMAL OR ECOLOGICAL TERRORISM, THE CONCEALMENT OF, OR AN ESCAPE FROM, AN ACT OF ANIMAL OR ECOLOGICAL TERRORISM. +>>
<<+ 5. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACTIVITIES OF A: +>>
<<+ (A) GOVERNMENT AGENCY OR ITS EMPLOYEES WHO ARE CARRYING OUT THEIR RESPONSIBILITIES UNDER LAW OR TO LAWFUL ACTIVITIES OF A FINANCIAL INSTITUTION OR OTHER SECURED PARTY; AND (B) HUMANE ANIMAL TREATMENT SHELTER OR ITS EMPLOYEES WHOSE PRIMARY PURPOSE IS THE BONA FIDE CONTROL OR HUMANE CARE OF ANIMALS WHEN ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. +>>
<<+ 6. A PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION AND THAT RESULTS IN FIVE HUNDRED DOLLARS OR LESS IN PHYSICAL DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A FIRST DEGREE MISDEMEANOR AND FINED NOT MORE THAN ONE THOUSAND DOLLARS OR BE IMPRISONED IN THE COUNTY JAIL FOR A TERM NOT TO EXCEED SIX MONTHS, OR BOTH. A PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION AND THAT RESULTS IN MORE THAN FIVE HUNDRED DOLLARS IN PHYSICAL DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A THIRD DEGREE FELONY AND FINED NOT MORE THAN TEN THOUSAND DOLLARS OR BE IMPRISONED IN THE STATE PRISON FOR A TERM NOT TO EXCEED FIVE YEARS, OR BOTH. ANY PERSON CONVICTED OF OR THAT PLEADS GUILTY TO VIOLATING SUBDIVISION FOUR OF THIS SECTION AND SUCH ACTIVITY INTENTIONALLY OR NEGLIGENTLY RESULTS IN BODILY HARM TO ANY INDIVIDUAL, THE PENALTY CLASSIFICATION SHALL BE ELEVATED ONE DEGREE. +>>
<<+ 7. THERE IS HEREBY CREATED THE REGISTRY OF ANIMAL AND ECOLOGICAL TERRORISTS. A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION SHALL BE REGISTERED WITH THE ATTORNEY GENERAL ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL. THE REGISTRY SHALL CONTAIN THE NAME, A CURRENT RESIDENCE ADDRESS, A RECENT PHOTOGRAPH AND SIGNATURE OF THE OFFENDER. THE OFFENDER IS REQUIRED TO PROVIDE WRITTEN NOTICE TO THE ATTORNEY GENERAL REGARDING ANY CHANGE IN NAME OR RESIDENCE ADDRESS WITHIN THIRTY DAYS OF MAKING THE CHANGE. THE ATTORNEY GENERAL SHALL CREATE A WEBSITE CONTAINING THE INFORMATION SET FORTH IN THIS SUBDIVISION FOR EACH PERSON WHO IS CONVICTED OR PLEADS GUILTY TO SUCH A VIOLATION. INFORMATION REGARDING AN OFFENDER SHALL REMAIN ON THE WEBSITE FOR NO LESS THAN THREE YEARS AT WHICH TIME THE REGISTRANT MAY APPLY TO THE ATTORNEY GENERAL FOR REMOVAL AFTER A HEARING ON THE APPLICATION FOR REMOVAL. +>>
In any action brought by any person to enforce this section, the court may, subject to its jurisdiction, issue an injunction to restrain or prevent any violation of this section or any continuance of any such violation.
Section 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
2003 NY A.B. 4884 (SN)