Section 837-K. Safe house for children

1. Within one hundred twenty days
  after the effective date of this section, the division shall design  and
  adopt  an  official  symbol and sign which may use McGruff as created by
  the national crime prevention council if  practicable,  to  be  used  to
  designate  homes  and  businesses  where a child may seek temporary help
  when he or she is traveling, without adult supervision or protection, in
  neighborhoods having such homes or businesses.
    2. a. Law enforcement agencies:
    (i) may voluntarily provide symbols to persons who apply for them;
    (ii) may require that persons receiving symbols apply in  writing  and
  agree   in  writing  to  specific  terms  and  conditions  in  order  to
  participate in the program;
    (iii) shall develop community based selection procedures to assure the
  suitability of the persons and location which are  the  subjects  of  an
  application  prior  to  issuing  symbols  after  conducting a background
  check, including, but not  limited  to,  information  available  in  its
  jurisdiction,  and inquiry of the department of social services register
  of child abuse and maltreatment regarding the applicant and any  persons
  residing  at  the  location.  Until  such  procedures  are developed and
  implemented, law enforcement agencies may access records of the division
  maintained pursuant  to  section  eight  hundred  thirty-seven  of  this
  article;
    (iv)  shall  maintain a register of locations using the official, sign
  or symbol and any other known locations using other symbols for  similar
  purposes pursuant to subdivision five of this section;
    (v) shall make efforts, themselves or through arrangements with school
  districts,  not-for-profits, or other organizations, to educate children
  to recognize the correct symbol and the program.
    b. For purposes of this subdivision:
    (i) the term  "law  enforcement  agency"  shall  mean  any  agency  or
  department of any municipality or any police district employing a police
  officer or police officers as that term is defined in paragraphs (b) and
  (d) of subdivision thirty-four of section 1.20 of the criminal procedure
  law; and
    (ii)  the symbols provided by law enforcement agencies for purposes of
  this program are the property of said agency.
    3. Persons who are issued a symbol by a law enforcement agency shall:
    a. display it or any related or similar symbol or sign that is visible
  from the outside of their building only upon such terms  and  conditions
  as may be specified by the law enforcement agency; and
    b.  return  said symbol to the law enforcement agency immediately upon
  demand therefor by said agency.
    4. a. Any person who possesses, uses, or duplicates the symbol or sign
  created pursuant to subdivision one  of  this  section,  or  any  symbol
  authorized  for use pursuant to subdivision two of this section, without
  complying with the provisions of this section  shall  be  liable  for  a
  civil fine of fifty dollars.
    b.  Possession,  use  or  duplication  of  the  symbol or sign created
  pursuant to subdivision one of this section, or  any  symbol  authorized
  for  use pursuant to subdivision two of this section, with the intent to
  attract children into the location for any purpose other than protecting
  them when they are threatened is a misdemeanor.
    c. No symbol except the symbol authorized in subdivisions one or  five
  of this section shall be used to designate a safe house.
    5.  Children's safe haven/safe home programs existing on the effective
  date of this section may continue to use the same symbol on existing  or
  new  locations  and  expand  service  areas using symbols in use on such
  date.