Bill Text: NY A09892 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires law enforcement officers to conduct a lethality assessment as part of the standardized domestic incident report form when responding to incidents of domestic violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-26 - referred to governmental operations [A09892 Detail]
Download: New_York-2023-A09892-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9892 IN ASSEMBLY April 26, 2024 ___________ Introduced by M. of A. WALLACE -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law and the general business law, in relation to requiring a lethality assessment in incidents of domestic violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 646 of the executive law, as added 2 by chapter 152 of the laws of 2019, is amended to read as follows: 3 3. An individual who has been the victim in this state of a family 4 offense as defined in subdivision one of section 530.11 of the criminal 5 procedure law or section eight hundred twelve of the family court act 6 may, upon alleging that it would be a hardship for [him or her] such 7 individual to make such complaint in the local jurisdiction in which 8 such offense occurred, make a complaint to any local law enforcement 9 agency in the state regardless of where the act took place. Such local 10 law enforcement agency shall take a police report of the matter, as well 11 as prepare a domestic [violence] incident report which includes lethali- 12 ty assessment questions as defined in subdivision fifteen of section 13 eight hundred thirty-seven of this chapter and provide the complainant 14 with a copy of such report free of charge. A copy of the police report 15 and completed domestic [violence] incident report, including the lethal- 16 ity assessment questions shall be promptly forwarded to the appropriate 17 law enforcement agency with jurisdiction over the location where the 18 incident is reported to have occurred for the purposes of further inves- 19 tigation. 20 § 2. Subdivision 15 of section 837 of the executive law, as added by 21 chapter 222 of the laws of 1994 and the opening paragraph as amended by 22 chapter 432 of the laws of 2015, is amended to read as follows: 23 15. Promulgate, in consultation with the superintendent of state 24 police and the state office for the prevention of domestic violence, and 25 in accordance with paragraph (f) of subdivision three of section eight 26 hundred forty of this article, a standardized "domestic [violence] inci- 27 dent report form" for use by state and local law enforcement agencies in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14865-03-4A. 9892 2 1 the reporting, recording and investigation of all alleged incidents of 2 domestic violence, regardless of whether an arrest is made as a result 3 of such investigation. Such form shall be prepared in multiple parts, 4 one of which shall be immediately provided to the victim, and shall 5 include designated spaces for: the recordation of the results of the 6 investigation by the law enforcement agency and the basis for any action 7 taken; the recordation of a victim's allegations of domestic violence; 8 the age and gender of the victim and the alleged offender or offenders; 9 and immediately thereunder a space on which the victim may sign and 10 verify such victim's allegations. Such form shall also include, but not 11 be limited to spaces to identify: 12 (a) what other services or agencies, including but not limited to 13 medical, shelter, advocacy and other supportive services are or have 14 previously been involved with the victim; [and] 15 (b) whether the victim has been provided with the written notice 16 described in subdivision five of section eight hundred twelve of the 17 family court act and subdivision six of section 530.11 of the criminal 18 procedure law[.]; and 19 (c) the results of a lethality assessment. By January first, two thou- 20 sand twenty-five, the division, in consultation with the New York state 21 office for the prevention of domestic violence and stakeholders, shall 22 update the domestic incident report form and develop training for law 23 enforcement. Training on how to administer such assessment shall be 24 delivered by the office for the prevention of domestic violence. All law 25 enforcement officers shall successfully complete such training by Janu- 26 ary first, two thousand twenty-six. Beginning January first, two thou- 27 sand twenty-six, such training shall be incorporated into any training 28 requirements for new law enforcement officers. 29 (i) To administer the lethality assessment questions, a law enforce- 30 ment officer shall ask the victim, in the same or similar wording and in 31 the same order, all of the following questions; provided, however, the 32 division, in consultation with the office for the prevention of domestic 33 violence, shall have the authority to issue guidance to amend, supple- 34 ment, or remove any of such questions: 35 (1) Have they ever used a weapon against you or threatened you with a 36 weapon? 37 (2) Did they ever threaten to kill you, your children, or your pets? 38 (3) Do you believe they will try to kill you or have they tried to 39 kill you? 40 (4) Have they ever strangled or choked you or attempted to strangle or 41 choke you? 42 (5) Do they have a firearm or could they get one easily? 43 (6) Are they violently or constantly jealous, or do they control most 44 of your daily activities? 45 (7) Have you left them or separated from them after living together or 46 being married? 47 (8) Are they unemployed? 48 (9) Have they ever tried to kill themselves? 49 (10) Do you have a child whom they believe is not their biological 50 child? 51 (11) Do they follow, spy on, or send threatening messages to you? 52 (12) Is there anything else that worries you about your safety and, if 53 so, what worries you? 54 (13) Any other questions the division, in consultation with the office 55 for the prevention of domestic violence, shall deem necessary.A. 9892 3 1 (ii) A law enforcement officer shall advise the victim of the results 2 of the assessment and refer the victim to the local domestic violence 3 program and provide the number of the New York state domestic and sexual 4 violence hotline. The law enforcement officer shall follow all 5 directions on the domestic incident report regarding scoring responses 6 and referrals based on such scoring, including sharing a copy of the 7 report with the local domestic violence program and any applicable high 8 risk teams. If the law enforcement officer determines the information 9 collected in response to such questions establishes credible information 10 that an individual is likely to engage in conduct that would result in 11 serious harm to such individual or others, as defined in paragraph one 12 or two of subdivision (a) of section 9.39 of the mental hygiene law, the 13 office shall file an application for an extreme risk protection order 14 in accordance with section sixty-three hundred forty-one of the civil 15 practice law and rules. 16 (iii) If the victim does not, or is unable to, provide information to 17 a law enforcement officer sufficient to allow the law enforcement offi- 18 cer to administer a lethality assessment, the law enforcement officer 19 shall note the lack of a lethality assessment in a written police report 20 and attempt to refer the victim to the nearest certified domestic 21 violence program or the New York state domestic and sexual violence 22 hotline. 23 § 3. Subdivision (a) of section 214-b of the executive law, as amended 24 by chapter 432 of the laws of 2015, is amended to read as follows: 25 (a) intake and recording of victim statements, and the prompt trans- 26 lation of such statements if made in a language other than English, in 27 accordance with subdivision (c) of this section, on a standardized 28 "domestic [violence] incident report form" promulgated by the state 29 division of criminal justice services in consultation with the super- 30 intendent and with the state office for the prevention of domestic 31 violence, and the investigation thereof so as to ascertain whether a 32 crime has been committed against the victim by a member of the victim's 33 family or household as such terms are defined in section eight hundred 34 twelve of the family court act and section 530.11 of the criminal proce- 35 dure law; 36 § 4. Subparagraph 1 of paragraph (f) of subdivision 3 of section 840 37 of the executive law, as amended by chapter 432 of the laws of 2015, is 38 amended to read as follows: 39 (1) intake and recording of victim statements, and the prompt trans- 40 lation of such statements if made in a language other than English, in 41 accordance with subparagraph three of this paragraph, on a standardized 42 "domestic [violence] incident report form" promulgated by the division 43 of criminal justice services in consultation with the superintendent of 44 state police, representatives of local police forces and the state 45 office for the prevention of domestic violence, and the investigation 46 thereof so as to ascertain whether a crime has been committed against 47 the victim by a member of the victim's family or household as such terms 48 are defined in section eight hundred twelve of the family court act and 49 section 530.11 of the criminal procedure law; and 50 § 5. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a 51 of the general business law, as amended by chapter 17 of the laws of 52 2013, is amended to read as follows: 53 (5) the purchaser of a contract signed by more than one purchaser 54 provides to the operator a copy of any of the following, within six 55 months of its issuance, involving domestic violence by another signatory 56 of the same contract: (A) a valid domestic [violence] incident reportA. 9892 4 1 form as such term is defined in subdivision fifteen of section eight 2 hundred thirty-seven of the executive law; (B) a valid police report; 3 (C) a valid order of protection; or (D) a signed affidavit from a 4 licensed medical or mental health care provider, employee of a court 5 acting within the scope of [his or her] such individual's employment, 6 social worker, a rape crisis counselor as defined in section forty-five 7 hundred ten of the civil practice law and rules, or advocate acting on 8 behalf of an agency that assists domestic violence victims. Paragraph d 9 of this subdivision shall not apply to a purchaser canceling under this 10 subparagraph. A claim for termination under this subparagraph shall be 11 made in good faith. Termination under this subparagraph shall require, 12 and the provision of any of the items in (A) through (D) of this subpar- 13 agraph, for the purposes of this subparagraph, shall be presumptive 14 evidence of the continued existence of a substantial risk of physical or 15 emotional harm to the purchaser or purchaser's child. 16 § 6. This act shall take effect immediately.
