Bill Text: NY A03387 | 2023-2024 | General Assembly | Introduced
Bill Title: Renames the NYS office for the prevention of domestic violence to the NYS office to end domestic and gender-based violence; makes necessary technical changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A03387 Detail]
Download: New_York-2023-A03387-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3387 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, the criminal procedure law, the fami- ly court act, the general business law, the insurance law, the labor law, the public health law, the social services law, and the state finance law, in relation to establishing the New York state office to end domestic and gender-based violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 21 of the executive law, as 2 added by chapter 463 of the laws of 1992, is amended to read as follows: 3 ARTICLE 21 4 NEW YORK STATE OFFICE [FOR5THE PREVENTION OF] TO END 6 DOMESTIC AND GENDER-BASED VIOLENCE 7 § 2. Section 575 of the executive law, as added by chapter 463 of the 8 laws of 1992, subdivisions 3, 4 and 5 as amended by section 1 of part B 9 of chapter 55 of the laws of 2021, paragraphs (o) and (p) of subdivision 10 3, paragraph (o) as added and paragraph (p) as relettered by chapter 740 11 of the laws of 2022, subdivisions 7 and 8 as added by chapter 396 of the 12 laws of 1994, subdivision 9 as added by chapter 368 of the laws of 1997, 13 subdivision 10 as added by section 3 of part A of chapter 491 of the 14 laws of 2012 and paragraph (d) of subdivision 10 as amended by chapter 15 248 of the laws of 2017, is amended to read as follows: 16 § 575. New York state office [for the prevention of] to end domestic 17 and gender-based violence. 1. Establishment of office. There is hereby 18 established within the executive department the "New York state office 19 [for the prevention of] to end domestic and gender-based violence", 20 hereinafter in this section referred to as the "office". 21 2. Duties and responsibilities. The office shall advise the governor 22 and the legislature on the most effective ways for state government to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05136-01-3A. 3387 2 1 respond to the problem of domestic and gender-based violence. In 2 fulfilling this responsibility, the office shall consult with experts, 3 service providers and representative organizations in the field of 4 domestic and gender-based violence and shall act as an advocate for 5 domestic and gender-based violence victims and survivor-centered 6 programs. 7 3. Definitions. For the purposes of this section the following terms 8 shall have the following meanings: 9 (a) "Domestic violence" means a pattern of behavior used by an indi- 10 vidual to establish and maintain power and control over their intimate 11 partner. Such behavior includes abusive and coercive tactics, threats 12 and actions that may or may not rise to the level of criminal behavior, 13 including, but not limited to, physical, emotional, financial, and sexu- 14 al abuse. 15 (b) "Gender-based violence" means threats to harm, or actual harms 16 committed against a person or persons based on actual or perceived sex, 17 gender, sexual orientation, gender identity or expression or other such 18 sex/gender related characteristics. "Gender-based violence" shall 19 include, but not be limited to, domestic violence; sexual violence; 20 human trafficking; reproductive coercion and violence; stalking; and 21 child-abuse as connected to gender-based violence. "Gender-based 22 violence" shall not include actions taken by a person in self-defense 23 against an act or series of acts of gender-based violence. 24 4. Activities. In addition, the office shall develop and implement 25 policies and programs designed to assist victims of domestic and 26 gender-based violence and their families, and to provide education and 27 prevention, training and technical assistance. Such domestic and 28 gender-based violence-related activities shall include, but not be 29 limited to: 30 (a) Serving as a clearinghouse for information and materials; 31 (b) Developing and coordinating community outreach and public educa- 32 tion throughout the state; 33 (c) Developing and delivering training to professionals, including but 34 not limited to professionals in the fields of: 35 (i) domestic and gender-based violence; 36 (ii) health and mental health; 37 (iii) social and human services; 38 (iv) public education; 39 (v) law enforcement and criminal justice; 40 (vi) alcohol and substance abuse; 41 (d) Developing and promoting school-based prevention programs; 42 (e) Providing technical assistance to state and local government 43 bodies and other agencies and to private businesses and not-for-profit 44 corporations, on effective survivor-centered policies and responses to 45 domestic and gender-based violence, including development of model 46 [domestic violence] policies[, pursuant to subdivisions seven, eight and47nine of this section]; 48 (f) Promoting and facilitating interagency cooperation among state 49 agencies and intergovernmental cooperation between different levels of 50 government in the state in the delivery and/or funding of survivor-cen- 51 tered services; 52 (g) Operating, in collaboration with survivors, state coalitions, and 53 other stakeholders, as an advocate for [domestic violence services and] 54 victims and for survivor-centered domestic and gender-based violence 55 services, including periodic solicitation of input from survivors and 56 service providers regarding successes, challenges, and needs;A. 3387 3 1 (h) Undertaking program and services needs assessments on its own 2 initiative or at the request of the governor, the legislature or service 3 providers; 4 (i) Examining the relationship between domestic and gender-based 5 violence and other problems and making recommendations for effective 6 policy response; 7 (j) Collecting data, conducting research, and holding public hearings; 8 (k) Making periodic reports to the governor and the legislature recom- 9 mending policy and program directions and reviewing the activities of 10 the office; 11 (l) [Developing] Working with stakeholders in developing and promoting 12 [senior center based] gender-based violence prevention programs; 13 (m) [promoting best practices for abusive partner intervention] Inves- 14 tigating, establishing and promoting best practices for accountability 15 for those who harm their intimate partners; 16 (n) Administering grant funds appropriated and made available to 17 support compliance with article one hundred [twenty-nine-b] 18 twenty-nine-B of the education law; and undertaking such actions, 19 duties, and responsibilities as may be necessary to serve the purpose of 20 article one hundred [twenty-nine-b] twenty-nine-B of the education law; 21 and 22 (o) (i) Contracting, within amounts appropriated for such purpose, 23 with the not-for-profit entity the New York State Coalition Against 24 Domestic Violence, to develop a training program as described in this 25 paragraph. Such entity shall be responsible for providing such training 26 to psychiatrists, psychologists and social workers who are licensed in 27 the state of New York, so that such individuals may conduct court 28 ordered forensic evaluations involving child custody and visitation 29 pursuant to paragraph (a-3) of subdivision one of section two hundred 30 forty of the domestic relations law; and for reviewing and updating 31 training topics at least once every two years. Such training shall 32 include, but not be limited to, a review of: relevant statutes; case law 33 and psychological definitions of domestic violence; coercive control and 34 child abuse; the dynamics and effects of domestic and gender-based 35 violence and child abuse, including but not limited to, emotional, 36 financial, physical, technological and sexual abuse; the barriers and 37 fears associated with reporting domestic and gender-based violence and 38 child abuse and why victims may not have documented evidence of abuse; 39 tactics commonly used by one party to induce fear in another party or 40 child, including verbal, emotional, psychological, and/or economic 41 abuse, isolating techniques, coercive control, and monitoring of a part- 42 ner's location and activities; litigation abuse and demands for custody 43 or joint custody in order to pressure the partner to return or punish 44 the partner for leaving; trauma, particularly as it relates to sexual 45 abuse and the risks posed to children and the long-term dangers and 46 impacts imposed by the presence of adverse childhood experiences; the 47 increased risk of escalating violence that occurs during child custody 48 proceedings; and the danger of basing child custody decisions on claims 49 that a child's deficient or negative relationship with a parent is 50 caused by the other parent. 51 (ii) The office, in consultation with the New York State Coalition 52 Against Domestic Violence, shall determine a reasonable number of train- 53 ing-hours that shall be required for the first instance such program is 54 provided to psychiatrists, psychologists and social workers and a 55 reasonable number of training-hours that shall be required for subse- 56 quent refresher courses provided to such individuals.A. 3387 4 1 (iii) The New York State Coalition Against Domestic Violence shall be 2 responsible for providing a certification of completion to each psychia- 3 trist, psychologist or social worker who satisfies the requirements of 4 such training program, so that such individuals may conduct court 5 ordered forensic evaluations involving child custody and visitation 6 pursuant to paragraph (a-3) of subdivision one of section two hundred 7 forty of the domestic relations law; and 8 (p) Any other activities including the making of and promulgation of 9 rules and regulations deemed necessary to facilitate the prevention of 10 domestic violence within the scope and purview of this article which are 11 not otherwise inconsistent with any other provisions of law. 12 [4.] 5. Advisory council. (a) An advisory council is hereby estab- 13 lished to make recommendations on domestic and gender-based violence 14 related issues and effective strategies [for the prevention of] to end 15 domestic and gender-based violence, to assist in the development of 16 appropriate policies and priorities for effective intervention, public 17 education and advocacy, and to facilitate and assure communication and 18 coordination of efforts among state agencies and between different 19 levels of government, state, federal, and municipal, [for the prevention20of] to end domestic and gender-based violence. 21 (b) The advisory council shall consist of nine members and seventeen 22 ex-officio members. Each member shall be appointed to serve for a term 23 of three years and shall continue in office until a successor appointed 24 member is made. A member appointed to fill a vacancy shall be appointed 25 for the unexpired term of the member he or she is to succeed. All of the 26 members shall be individuals with expertise in the area of domestic and 27 gender-based violence. Three members shall be appointed by the governor, 28 two members shall be appointed upon the recommendation of the temporary 29 president of the senate, two members shall be appointed upon the recom- 30 mendation of the speaker of the assembly, one member shall be appointed 31 upon the recommendation of the minority leader of the senate, and one 32 member shall be appointed upon the recommendation of the minority leader 33 of the assembly. The ex-officio members of the advisory board shall 34 consist of the director of the office, who shall chair the council, and 35 the following members or their designees: the commissioner of the office 36 of temporary and disability assistance; the commissioner of the depart- 37 ment of health; the commissioner of the education department; the 38 commissioner of the office of mental health; the commissioner of the 39 office of addiction services and supports; the commissioner of the divi- 40 sion of criminal justice services; the superintendent of the division of 41 state police; the director of the office of probation and correctional 42 alternatives; the commissioner of the office of children and family 43 services; the director of the office of victim services; the chief 44 administrative judge of the office of court administration; the commis- 45 sioner of the department of labor; the director of the state office for 46 the aging; the commissioner of the department of corrections and commu- 47 nity supervision; the commissioner of homes and community renewal; the 48 chief executive officer of the New York state coalition against domestic 49 violence; and the executive director of the New York state coalition 50 against sexual assault. 51 (c) The advisory council shall meet as often as deemed necessary by 52 the chair but in no event less than two times per year. 53 (d) The members of the advisory council shall receive no salary or 54 other compensation for their services but shall be entitled to 55 reimbursement for actual and necessary expenses incurred in the perform- 56 ance of their duties within amounts made available by appropriationA. 3387 5 1 therefor subject to the approval of the director of the budget. The 2 ex-officio members of the advisory council shall receive no additional 3 compensation for their services on the advisory council above the salary 4 they receive from the respective departments or divisions that employ 5 them. 6 [5.] 6. Executive director. (a) The governor shall appoint an execu- 7 tive director of the office who shall serve at the pleasure of the 8 governor. 9 (b) The executive director shall receive an annual salary fixed by the 10 governor within the amounts appropriated specifically therefor and shall 11 be entitled to reimbursement for reasonable expenses incurred in 12 connection with the performance of the director's duties. 13 (c) The director of the office, with the approval of the governor, may 14 accept as agent of the state any grant, including federal grants, or any 15 gift or donation for any of the purposes of this article. Any moneys so 16 received may be expended by the office to effectuate any purpose of this 17 article, subject to the applicable provisions of the state finance law. 18 (d) The executive director shall appoint staff and perform such other 19 functions to ensure the efficient operation of the office. 20 [6.] 7. Assistance of other agencies. The office may request and shall 21 receive in a timely manner from any department, division, board, bureau, 22 commission or agency of the state, such information and assistance as 23 shall enable it to properly carry out its powers and duties pursuant to 24 this article. 25 [7. Model domestic violence policy for counties. (a) The office shall26convene a task force of county level municipal officials, municipal27police and members of the judiciary, or their representatives, and28directors of domestic violence programs, including representatives from29a statewide advocacy organization for the prevention of domestic30violence, to develop a model domestic violence policy for counties. For31the purposes of this subdivision, "county" shall have the same meaning32as such term is defined in section three of the county law, except that33the city of New York shall be deemed to be one county. The office shall34give due consideration to the recommendations of the governor, the35temporary president of the senate and the speaker of the assembly for36participation by any person on the task force, and shall make reasonable37efforts to assure regional balance in membership.38(b) The purpose of the model policy shall be to provide consistency39and coordination by and between county agencies and departments, includ-40ing criminal justice agencies and the judiciary, and, as appropriate, by41municipalities or other jurisdictions within the county and other42governmental agencies and departments, by assuring that best practices,43policies, protocols and procedures are used to address the issue of44domestic violence, and to secure the safety of the victim including, but45not limited to:46(i) response, investigation and arrest policies by police agencies;47(ii) response by other criminal justice agencies, including disposi-48tion of domestic violence complaints, the provision of information and49orders of protection;50(iii) response by human services and health agencies, including iden-51tification, assessment, intervention and referral policies and responses52to victims and the perpetrators of domestic violence;53(iv) training and appropriate and relevant measures for periodic eval-54uation of community efforts; and55(v) other issues as shall be appropriate and relevant for the task56force to develop such policy.A. 3387 6 1(c) Such model policy shall be reviewed by the task force to assure2consistency with existing law and shall be made the subject of public3hearings convened by the office throughout the state at places and at4times which are convenient for attendance by the public, after which the5policy shall be reviewed by the task force and amended as necessary to6reflect concerns raised at the hearings. If approved by the task force,7such model policy shall be provided as approved with explanation of its8provisions to the governor and the legislature not later than two years9after the effective date of this subdivision. Notification of the avail-10ability of such model domestic violence policy shall be made by the11office to every county in the state, and copies of the policy shall be12made available to them upon request.13(d) The office in consultation with the task force, providers of14service, the advisory council and others, including representatives of a15statewide advocacy organization for the prevention domestic violence,16shall provide technical support, information and encouragement to coun-17ties to implement the provisions of the model policy on domestic18violence.19(e) Nothing contained in this subdivision shall be deemed to prevent20the governing body of a county from designating a local advisory commit-21tee to investigate the issues, work with providers of domestic violence22programs and other interested parties, and to aid in the implementation23of the policy required by this subdivision. Such governing body or advi-24sory committee may request and shall receive technical assistance from25the office for the development of such a policy. Implementation of the26model domestic violence policy may take place in a form considered27appropriate by the governing body of a county, including guidelines,28regulations and local laws.29(f) The office shall survey county governments within four years of30the effective date of this subdivision to determine the level of compli-31ance with the model domestic violence policy, and shall take such steps32as shall be necessary to aid county governments in the implementation of33such policy.] 34 8. State domestic violence policy. [(a) The office shall survey every35state agency to determine any activities, programs, rules, regulations,36guidelines or statutory requirements that have a direct or indirect37bearing on the state's efforts and abilities to address the issue of38domestic violence including, but not limited to, the provision of39services to victims and their families. Within two years of the effec-40tive date of this subdivision, the office shall compile such information41and provide a report, with appropriate comments and recommendations, to42the governor and the legislature. For the purposes of this subdivision,43"state agency" shall have the same meaning as such term is defined in44section two-a of the state finance law.45(b) Within three years of the effective date of this subdivision the46office shall recommend a state domestic violence policy consistent with47statute and best practice, policies, procedures and protocols to the48governor and the legislature. The purpose of such model policy shall be49to provide consistency and coordination by and between state agencies50and departments to address the issue of domestic violence. In developing51such model policy, the office shall consult with a statewide advocacy52organization for the prevention of domestic violence, and shall assure53that the advisory council reviews all data and recommendations and shall54not submit such model policy until approved by the advisory council.55Such recommendations shall be provided exclusive of any study or report56the office is required to undertake pursuant to a chapter of the laws ofA. 3387 7 1nineteen hundred ninety-four, entitled "the family protection and domes-2tic violence intervention act of 1994".3(c)] No state agency shall promulgate a rule pursuant to the state 4 administrative procedure act, or adopt a guideline or other procedure, 5 including a request for proposals, directly or indirectly affecting the 6 provision of services to victims of domestic and gender-based violence, 7 or the provision of services by residential or non-residential domestic 8 violence programs, as such terms are defined in section four hundred 9 fifty-nine-a of the social services law, or establish a grant program 10 directly or indirectly affecting such victims of domestic or gender- 11 based violence or providers of service, without first consulting the 12 office, which shall provide all comments in response to such rules, 13 guidelines or procedures in writing directly to the chief executive 14 officer of such agency, to the administrative regulations review commit- 15 tee and to the appropriate committees of the legislature having juris- 16 diction of the subject matter addressed within two weeks of receipt 17 thereof, provided that failure of the office to respond as required 18 herein shall not otherwise impair the ability of such state agency to 19 promulgate a rule. This paragraph shall not apply to an appropriation 20 which finances a contract with a not-for-profit organization which has 21 been identified for a state agency without the use of a request for 22 proposals. 23 9. [Model domestic violence employee awareness and assistance policy.24(a) The office shall convene a task force including members of the busi-25ness community, employees, employee organizations, representatives from26the department of labor and the empire state development corporation,27and directors of domestic violence programs, including representatives28of statewide advocacy organizations for the prevention of domestic29violence, to develop a model domestic violence employee awareness and30assistance policy for businesses.31The office shall give due consideration to the recommendations of the32governor, the temporary president of the senate, and the speaker of the33assembly for participation by any person on the task force, and shall34make reasonable efforts to assure regional balance in membership.35(b) The purpose of the model employee awareness and assistance policy36shall be to provide businesses with the best practices, policies, proto-37cols and procedures in order that they ascertain domestic violence38awareness in the workplace, assist affected employees, and provide a39safe and helpful working environment for employees currently or poten-40tially experiencing the effects of domestic violence. The model plan41shall include but not be limited to:42(i) the establishment of a definite corporate policy statement recog-43nizing domestic violence as a workplace issue as well as promoting the44need to maintain job security for those employees currently involved in45domestic violence disputes;46(ii) policy and service publication requirements, including posting47said policies and service availability pamphlets in break rooms, on48bulletin boards, restrooms and other communication methods;49(iii) a listing of current domestic violence community resources such50as shelters, crisis intervention programs, counseling and case manage-51ment programs, legal assistance and advocacy opportunities for affected52employees;53(iv) measures to ensure workplace safety including, where appropriate,54designated parking areas, escort services and other affirmative safe-55guards;A. 3387 8 1(v) training programs and protocols designed to educate employees and2managers in how to recognize, approach and assist employees experiencing3domestic violence, including both victims and batterers; and4(vi) other issues as shall be appropriate and relevant for the task5force in developing such model policy.6(c) Such model policy shall be reviewed by the task force to assure7consistency with existing law and shall be made the subject of public8hearings convened by the office throughout the state at places and at9times which are convenient for attendance by the public, after which the10policy shall be reviewed by the task force and amended as necessary to11reflect concerns raised at the hearings. If approved by the task force,12such model policy shall be provided as approved with explanation of its13provisions to the governor and the legislature not later than one year14after the effective date of this subdivision. The office shall make15every effort to notify businesses of the availability of such model16domestic violence employee awareness and assistance policy.17(d) The office in consultation with the task force, providers of18services, the advisory council, the department of labor, the empire19state development corporation, and representatives of statewide advocacy20organizations for the prevention of domestic violence, shall provide21technical support, information, and encouragement to businesses to22implement the provisions of the model domestic violence employee aware-23ness and assistance policy.24(e) Nothing contained in this subdivision shall be deemed to prevent25businesses from adopting their own domestic violence employee awareness26and assistance policy.27(f) The office shall survey businesses within four years of the effec-28tive date of this section to determine the level of model policy29adoption amongst businesses and shall take steps necessary to promote30the further adoption of such policy.3110.] Fatality review team. (a) There shall be established within the 32 office a fatality review team for the purpose of analyzing, in conjunc- 33 tion with local representation, the domestic violence-related death or 34 near death of individuals, with the goal of: 35 (i) examining the trends and patterns of domestic violence-related 36 fatalities in New York state; 37 (ii) educating the public, service providers, and policymakers about 38 domestic violence fatalities and strategies for intervention and 39 prevention; and 40 (iii) recommending policies, practices, procedures, and services to 41 reduce fatalities due to domestic violence. 42 (b) A domestic violence-related death or near death shall mean any 43 death or near death caused by a family or household member as defined in 44 section eight hundred twelve of the family court act or section 530.11 45 of the criminal procedure law, except that there shall be no review of 46 the death or near death of a child for those cases in which the office 47 of children and family services is required to issue a fatality report 48 in accordance with subdivision five of section twenty of the social 49 services law. 50 (c) The team shall review deaths or near deaths in cases that have 51 been adjudicated and have received a final judgment and that are not 52 under investigation. 53 (d) Members of a domestic violence fatality review team shall be 54 appointed by the executive director, [in consultation with the advisory55council,] and shall include, but not be limited to, one representative 56 from the office of children and family services, the office of temporaryA. 3387 9 1 and disability assistance, the division of criminal justice services, 2 the state police, the department of health, the office of court adminis- 3 tration, the office of probation and correctional alternatives, the 4 department of corrections and community supervision, the office of 5 victim services, at least one representative from local law enforcement, 6 a county prosecutor's office, a local social services district, a member 7 of the judiciary, and a domestic violence services program approved by 8 the office of children and family services. A domestic violence fatality 9 review team may also include representatives from sexual assault 10 services programs, public health, mental health and substance abuse 11 agencies, hospitals, clergy, local school districts, local divisions of 12 probation, local offices of the department of corrections and community 13 supervision, the office of the medical examiner or coroner, any local 14 domestic violence task force, coordinating council or other interagency 15 entity that meets regularly to support a coordinated community response 16 to domestic violence, any other program that provides services to domes- 17 tic violence victims, or any other person necessary to the work of the 18 team, including survivors of domestic violence. 19 (e) The team shall identify potential cases and shall select which 20 deaths or near deaths will be reviewed each year. Localities may request 21 that the team conduct a review of a particular death or near death. 22 (f) The team shall work with officials and organizations within the 23 community where the death or near death occurred to conduct each review. 24 (g) Team members shall serve without compensation but are entitled to 25 be reimbursed for travel expenses to the localities where a fatality 26 review will be conducted and members who are full-time salaried officers 27 or employees of the state or of any political subdivision of the state 28 are entitled to their regular compensation. 29 (h) To the extent consistent with federal law, upon request the team 30 shall be provided client-identifiable information and records necessary 31 for the investigation of a domestic violence-related death or near death 32 incident, including, but not limited to: 33 (i) records maintained by a local social services district; 34 (ii) law enforcement records, except where the provision of such 35 records would interfere with an ongoing law enforcement investigation or 36 identify a confidential source or endanger the safety or welfare of an 37 individual; 38 (iii) court records; 39 (iv) probation and parole records; 40 (v) records from domestic violence residential or non-residential 41 programs; 42 (vi) records from any relevant service provider, program or organiza- 43 tion; and 44 (vii) all other relevant records in the possession of state and local 45 officials or agencies provided, however, no official or agency shall be 46 required to provide information or records concerning a person charged, 47 investigated or convicted in such death or near death in violation of 48 such person's attorney-client privilege. 49 (i) Any information or records otherwise sealed, confidential and 50 privileged in accordance with state law which are provided to the team 51 shall remain sealed, confidential, and privileged as otherwise provided 52 by law. All records received, meetings conducted, reports and records 53 made and maintained and all books and papers obtained by the team shall 54 be confidential and shall not be open or made available, except by court 55 order or as set forth in paragraphs (k) and (l) of this subdivision.A. 3387 10 1 (j) Any person who releases or permits the release of any information 2 protected under paragraph (i) of this subdivision to persons or agencies 3 not authorized to receive such information shall be guilty of a class A 4 misdemeanor. 5 (k) Team members and persons who present information to the team shall 6 not be questioned in any civil or criminal proceeding regarding any 7 opinions formed as a result of a meeting of the team. Nothing in this 8 section shall be construed to prevent a person from testifying as to 9 information which is obtained independently of the team or information 10 which is public. 11 (l) Team members are not liable for damages or other relief in any 12 action brought by reason of the reasonable and good faith performance of 13 a duty, function, or activity of the team. 14 (m) Consistent with all federal and state confidentiality protections, 15 the team may provide recommendations to any individual or entity for 16 appropriate actions to improve a community's response to domestic 17 violence. 18 (n) The team shall periodically submit a cumulative report to the 19 governor and the legislature incorporating the aggregate data and a 20 summary of the general findings and recommendations resulting from the 21 domestic violence fatality reviews completed pursuant to this subdivi- 22 sion. The cumulative report shall thereafter be made available to the 23 public, consistent with federal and state confidentiality protections. 24 § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as 25 amended by chapter 663 of the laws of 2019, is amended to read as 26 follows: 27 6. Notice. Every police officer, peace officer or district attorney 28 investigating a family offense under this article shall advise the 29 victim of the availability of a shelter or other services in the commu- 30 nity, and shall immediately give the victim written notice of the legal 31 rights and remedies available to a victim of a family offense under the 32 relevant provisions of this chapter and the family court act. Such 33 notice shall be prepared, at minimum, in plain English, Spanish, Chinese 34 and Russian and if necessary, shall be delivered orally, and shall 35 include but not be limited to the information contained in the following 36 statement: 37 "Are you the victim of domestic violence? If you need help now, you 38 can call 911 for the police to come to you. You can also call a domestic 39 violence hotline. You can have a confidential talk with an advocate at 40 the hotline about help you can get in your community including: where 41 you can get treatment for injuries, where you can get shelter, where you 42 can get support, and what you can do to be safe. The New York State 43 24-hour Domestic & Sexual Violence Hotline number is (insert the state- 44 wide multilingual 800 number). They can give you information in many 45 languages. If you are deaf or hard of hearing, call 711. 46 This is what the police can do: 47 They can help you and your children find a safe place such as a family 48 or friend's house or a shelter in your community. 49 You can ask the officer to take you or help you and your children get 50 to a safe place in your community. 51 They can help connect you to a local domestic violence program. 52 They can help you get to a hospital or clinic for medical care. 53 They can help you get your personal belongings. 54 They must complete a report discussing the incident. They will give 55 you a copy of this police report before they leave the scene. It is 56 free.A. 3387 11 1 They may, and sometimes must, arrest the person who harmed you if you 2 are the victim of a crime. The person arrested could be released at any 3 time, so it is important to plan for your safety. 4 If you have been abused or threatened, this is what you can ask the 5 police or district attorney to do: 6 File a criminal complaint against the person who harmed you. 7 Ask the criminal court to issue an order of protection for you and 8 your child if the district attorney files a criminal case with the 9 court. 10 Give you information about filing a family offense petition in your 11 local family court. 12 You also have the right to ask the family court for an order of 13 protection for you and your children. 14 This is what you can ask the family court to do: 15 To have your family offense petition filed the same day you go to 16 court. 17 To have your request heard in court the same day you file or the next 18 day court is open. 19 Only a judge can issue an order of protection. The judge does that as 20 part of a criminal or family court case against the person who harmed 21 you. An order of protection in family court or in criminal court can 22 say: 23 That the other person have no contact or communication with you by 24 mail, phone, computer or through other people. 25 That the other person stay away from you and your children, your home, 26 job or school. 27 That the other person not assault, harass, threaten, strangle, or 28 commit another family offense against you or your children. 29 That the other person turn in their firearms and firearms licenses, 30 and not get any more firearms. 31 That you have temporary custody of your children. 32 That the other person pay temporary child support. 33 That the other person not harm your pets or service animals. 34 If the family court is closed because it is night, a weekend, or a 35 holiday, you can go to a criminal court to ask for an order of 36 protection. 37 If you do not speak English or cannot speak it well, you can ask the 38 police, the district attorney, or the criminal or family court to get 39 you an interpreter who speaks your language. The interpreter can help 40 you explain what happened. 41 You can get the forms you need to ask for an order of protection at 42 your local family court (insert addresses and contact information for 43 courts). You can also get them online: www.NYCourts.gov/forms. 44 You do not need a lawyer to ask for an order of protection. 45 You have a right to get a lawyer in the family court. If the family 46 court finds that you cannot afford to pay for a lawyer, it must get you 47 one for free. 48 If you file a complaint or family court petition, you will be asked to 49 swear to its truthfulness because it is a crime to file a legal document 50 that you know is false." 51 The division of criminal justice services in consultation with the 52 state office [for the prevention of] to end domestic and gender-based 53 violence shall prepare the form of such written notice consistent with 54 provisions of this section and distribute copies thereof to the appro- 55 priate law enforcement officials pursuant to subdivision nine of section 56 eight hundred forty-one of the executive law.A. 3387 12 1 Additionally, copies of such notice shall be provided to the chief 2 administrator of the courts to be distributed to victims of family 3 offenses through the criminal court at such time as such persons first 4 come before the court and to the state department of health for distrib- 5 ution to all hospitals defined under article twenty-eight of the public 6 health law. No cause of action for damages shall arise in favor of any 7 person by reason of any failure to comply with the provisions of this 8 subdivision except upon a showing of gross negligence or willful miscon- 9 duct. 10 § 4. Section 214-b of the executive law, as amended by chapter 432 of 11 the laws of 2015, is amended to read as follows: 12 § 214-b. Family offense intervention. The superintendent shall, for 13 all members of the state police including new and veteran officers, 14 develop, maintain and disseminate, in consultation with the state office 15 [for the prevention of] to end domestic and gender-based violence, writ- 16 ten policies and procedures consistent with article eight of the family 17 court act and applicable provisions of the criminal procedure and domes- 18 tic relations laws, regarding the investigation of and intervention in 19 incidents of family offenses. Such policies and procedures shall make 20 provision for education and training in the interpretation and enforce- 21 ment of New York's family offense laws, including but not limited to: 22 (a) intake and recording of victim statements, and the prompt trans- 23 lation of such statements if made in a language other than English, in 24 accordance with subdivision (c) of this section, on a standardized 25 "domestic violence incident report form" promulgated by the state divi- 26 sion of criminal justice services in consultation with the superinten- 27 dent and with the state office [for the prevention of] to end domestic 28 and gender-based violence, and the investigation thereof so as to ascer- 29 tain whether a crime has been committed against the victim by a member 30 of the victim's family or household as such terms are defined in section 31 eight hundred twelve of the family court act and section 530.11 of the 32 criminal procedure law; 33 (b) the need for immediate intervention in family offenses including 34 the arrest and detention of alleged offenders, pursuant to subdivision 35 four of section 140.10 of the criminal procedure law, and notifying 36 victims of their rights, in their native language, if identified as 37 other than English, in accordance with subdivision (c) of this section, 38 including but not limited to immediately providing the victim with the 39 written notice provided in subdivision six of section 530.11 of the 40 criminal procedure law and subdivision five of section eight hundred 41 twelve of the family court act. 42 (c) The superintendent, in consultation with the division of criminal 43 justice services and the office [for the prevention of] to end domestic 44 and gender-based violence shall determine the languages in which such 45 translation required by subdivision (a) of this section, and the notifi- 46 cation required pursuant to subdivision (b) of this section, shall be 47 provided. Such determination shall be based on the size of the New York 48 state population that speaks each language and any other relevant 49 factor. Such written notice required pursuant to subdivision (b) of this 50 section shall be made available to all state police officers in the 51 state. 52 § 5. Subdivision 1 of section 221-a of the executive law, as amended 53 by chapter 492 of the laws of 2015, is amended to read as follows: 54 1. The superintendent, in consultation with the division of criminal 55 justice services, office of court administration, and the office [for56the prevention of] to end domestic and gender-based violence, shallA. 3387 13 1 develop a comprehensive plan for the establishment and maintenance of a 2 statewide computerized registry of all orders of protection issued 3 pursuant to articles four, five, six, eight and ten of the family court 4 act, section 530.12 of the criminal procedure law and, insofar as they 5 involve victims of domestic violence as defined by section four hundred 6 fifty-nine-a of the social services law, section 530.13 of the criminal 7 procedure law and sections two hundred forty and two hundred fifty-two 8 of the domestic relations law, and orders of protection issued by courts 9 of competent jurisdiction in another state, territorial or tribal juris- 10 diction, special orders of conditions issued pursuant to subparagraph 11 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the 12 criminal procedure law insofar as they involve a victim or victims of 13 domestic violence as defined by subdivision one of section four hundred 14 fifty-nine-a of the social services law or a designated witness or 15 witnesses to such domestic violence, and all warrants issued pursuant to 16 sections one hundred fifty-three and eight hundred twenty-seven of the 17 family court act, and arrest and bench warrants as defined in subdivi- 18 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi- 19 nal procedure law, insofar as such warrants pertain to orders of 20 protection or temporary orders of protection; provided, however, that 21 warrants issued pursuant to section one hundred fifty-three of the fami- 22 ly court act pertaining to articles three and seven of such act and 23 section 530.13 of the criminal procedure law shall not be included in 24 the registry. The superintendent shall establish and maintain such 25 registry for the purposes of ascertaining the existence of orders of 26 protection, temporary orders of protection, warrants and special orders 27 of conditions, and for enforcing the provisions of paragraph (b) of 28 subdivision four of section 140.10 of the criminal procedure law. 29 § 6. The opening paragraph of subdivision 15 of section 837 of the 30 executive law, as amended by chapter 432 of the laws of 2015, is amended 31 to read as follows: 32 Promulgate, in consultation with the superintendent of state police 33 and the state office [for the prevention of] to end domestic and 34 gender-based violence, and in accordance with paragraph (f) of subdivi- 35 sion three of section eight hundred forty of this article, a standard- 36 ized "domestic violence incident report form" for use by state and local 37 law enforcement agencies in the reporting, recording and investigation 38 of all alleged incidents of domestic violence, regardless of whether an 39 arrest is made as a result of such investigation. Such form shall be 40 prepared in multiple parts, one of which shall be immediately provided 41 to the victim, and shall include designated spaces for: the recordation 42 of the results of the investigation by the law enforcement agency and 43 the basis for any action taken; the recordation of a victim's allega- 44 tions of domestic violence; the age and gender of the victim and the 45 alleged offender or offenders; and immediately thereunder a space on 46 which the victim may sign and verify such victim's allegations. Such 47 form shall also include, but not be limited to spaces to identify: 48 § 7. Paragraph (f) of subdivision 3 of section 840 of the executive 49 law, as amended by chapter 432 of the laws of 2015, is amended to read 50 as follows: 51 (f) Develop, maintain and disseminate, in consultation with the state 52 office [for the prevention of] to end domestic and gender-based 53 violence, written policies and procedures consistent with article eight 54 of the family court act and applicable provisions of the criminal proce- 55 dure and domestic relations laws, regarding the investigation of and 56 intervention by new and veteran police officers in incidents of familyA. 3387 14 1 offenses. Such policies and procedures shall make provisions for educa- 2 tion and training in the interpretation and enforcement of New York's 3 family offense laws, including but not limited to: 4 (1) intake and recording of victim statements, and the prompt trans- 5 lation of such statements if made in a language other than English, in 6 accordance with subparagraph three of this paragraph, on a standardized 7 "domestic violence incident report form" promulgated by the division of 8 criminal justice services in consultation with the superintendent of 9 state police, representatives of local police forces and the state 10 office [for the prevention of] to end domestic and gender-based 11 violence, and the investigation thereof so as to ascertain whether a 12 crime has been committed against the victim by a member of the victim's 13 family or household as such terms are defined in section eight hundred 14 twelve of the family court act and section 530.11 of the criminal proce- 15 dure law; and 16 (2) the need for immediate intervention in family offenses including 17 the arrest and detention of alleged offenders, pursuant to subdivision 18 four of section 140.10 of the criminal procedure law, and notifying 19 victims of their rights, in their native language, if identified as 20 other than English, in accordance with subparagraph three of this para- 21 graph, including but not limited to immediately providing the victim 22 with the written notice required in subdivision six of section 530.11 of 23 the criminal procedure law and subdivision five of section eight hundred 24 twelve of the family court act; 25 (3) determine, in consultation with the superintendent of state police 26 and the office [for the prevention of] to end domestic and gender-based 27 violence, the languages in which such translation required by subpara- 28 graph one of this paragraph, and the notification required by subpara- 29 graph two of this paragraph, shall be provided. Such determination shall 30 be based on the size of the New York state population that speaks each 31 language and any other relevant factor. Such written notice required 32 pursuant to subparagraph two of this paragraph shall be made available 33 to all local law enforcement agencies throughout the state. Nothing in 34 this paragraph shall prevent the council from using the determinations 35 made by the superintendent of state police pursuant to subdivision (c) 36 of section two hundred fourteen-b of this chapter; 37 § 8. The opening paragraph of paragraph 2 of subdivision (b) of 38 section 153-c of the family court act, as added by chapter 367 of the 39 laws of 2015, is amended to read as follows: 40 A plan for a pilot program pursuant to this section shall be developed 41 by the chief administrator of the courts or his or her delegate in 42 consultation with one or more local programs providing assistance to 43 victims of domestic violence, the office [for the prevention of] to end 44 domestic and gender-based violence, and attorneys who represent family 45 offense petitions. The plan shall include, but is not limited to: 46 § 9. Paragraph 2 of subdivision (a) of section 249-b of the family 47 court act, as added by chapter 476 of the laws of 2009, is amended to 48 read as follows: 49 2. provide for the development of training programs with the input of 50 and in consultation with the state office [for the prevention of] to end 51 domestic and gender-based violence. Such training programs must include 52 the dynamics of domestic violence and its effect on victims and on chil- 53 dren, and the relationship between such dynamics and the issues consid- 54 ered by the court, including, but not limited to, custody, visitation 55 and child support. Such training programs along with the providers of 56 such training must be approved by the office of court administrationA. 3387 15 1 following consultation with and input from the state office for the 2 prevention of domestic violence; and 3 § 10. The closing paragraph of subdivision 5 of section 812 of the 4 family court act, as amended by chapter 663 of the laws of 2019, is 5 amended to read as follows: 6 The division of criminal justice services in consultation with the 7 state office [for the prevention of] to end domestic and gender-based 8 violence shall prepare the form of such written notice consistent with 9 the provisions of this section and distribute copies thereof to the 10 appropriate law enforcement officials pursuant to subdivision nine of 11 section eight hundred forty-one of the executive law. Additionally, 12 copies of such notice shall be provided to the chief administrator of 13 the courts to be distributed to victims of family offenses through the 14 family court at such time as such persons first come before the court 15 and to the state department of health for distribution to all hospitals 16 defined under article twenty-eight of the public health law. No cause of 17 action for damages shall arise in favor of any person by reason of any 18 failure to comply with the provisions of this subdivision except upon a 19 showing of gross negligence or willful misconduct. 20 § 11. Subdivision 3 of section 403 of the general business law, as 21 amended by chapter 715 of the laws of 2019, is amended to read as 22 follows: 23 3. The advisory committee shall advise the secretary on all matters 24 relating to this article, and on such other matters as the secretary 25 shall request. In advising the secretary on matters concerning profes- 26 sional education or curriculum, inclusive of the maintenance of cultural 27 and ethnic awareness within the prescribed curriculum in regard to hair 28 types, including, but not limited to, curl pattern, hair strand thick- 29 ness, and volume of hair, the advisory committee shall, to the extent 30 practicable, consult with the state education department. The advisory 31 committee is directed, in consultation with the department of state, the 32 New York state office [for the prevention of] to end domestic and 33 gender-based violence and an advocacy group recognized by the federal 34 department of health and human services, which has the ability to coor- 35 dinate statewide and with local communities on programming and educa- 36 tional materials related to the prevention and intervention of domestic 37 violence in New York state, to develop, provide for and integrate aware- 38 ness training on domestic violence and sexual assault for all prospec- 39 tive students seeking to be licensed under this article. Further, on a 40 voluntary basis for those seeking to renew their license as provided for 41 in this article to develop and provide access to educational material 42 for domestic violence and sexual assault awareness. 43 § 12. Section 408-b of the general business law, as amended by chapter 44 71 of the laws of 2020, is amended to read as follows: 45 § 408-b. Domestic violence and sexual assault awareness education. The 46 department shall ensure that domestic violence and sexual assault aware- 47 ness education courses are made available to all licensees and appli- 48 cants for a license or renewal pursuant to this article and that such 49 courses are offered through the department's website. The department, in 50 consultation with the office [for the prevention of] to end domestic and 51 gender-based violence and advocacy groups recognized by the federal 52 department of health and human services or the federal department of 53 justice, which have the ability to coordinate statewide and with local 54 communities on programming and educational materials related to the 55 prevention and intervention of domestic violence or sexual assault in 56 New York state, shall develop and provide access to domestic violenceA. 3387 16 1 and sexual assault awareness education courses appropriate for those 2 licensed under this article. 3 § 13. Subsections (f) and (g) and paragraph 8 of subsection (h) of 4 section 2612 of the insurance law, subsections (f) and (g) as amended by 5 chapter 579 of the laws of 2022, and paragraph 8 of subsection (h) as 6 added by section 2 of part E of chapter 491 of the laws of 2012, are 7 amended to read as follows: 8 (f) If any person covered by an insurance policy issued to another 9 person as the policyholder delivers to the insurer that issued the poli- 10 cy, at its home office, a valid order of protection against the policy- 11 holder, issued by a court of competent jurisdiction in this state, or, 12 except where the insurance policy was issued by a health insurer as 13 defined in subparagraph (B) of paragraph (1) of subsection (h) of this 14 section, a request to designate an alternative mailing address, tele- 15 phone number or method of contact for the purpose of receiving claim 16 related information if the person states that disclosure of all or part 17 of the claim related information could endanger the person, the insurer 18 shall be prohibited for the duration of the order, or until the request 19 designating an alternative mailing address, telephone number or other 20 method of contact is cancelled by the requesting person in writing, from 21 disclosing to the policyholder the address, telephone number or other 22 method of contact for the insured, or for any person or entity providing 23 covered services to the insured, any personally identifying information 24 of the insured, or the nature of the covered services provided to the 25 insured, or from mailing, delivering, or otherwise providing claim 26 related information to any mailing address, telephone number, or other 27 method of contact other than as designated by the requesting person 28 pursuant to this subsection. If a child is the covered person, the right 29 established by this subsection may be asserted by, and shall also extend 30 to, the parent or guardian of the child. An insurer may require a person 31 making a request to designate an alternative mailing address, telephone 32 number or other method of contact pursuant to this subsection to: make 33 the request in writing; include in the request a statement that disclo- 34 sure of all or part of the claim related information to which the 35 request pertains could endanger the person or child; and specify an 36 alternative mailing address, telephone number, or other method of 37 contact. For the purpose of this subsection, "claim related information" 38 means all claim or billing information relating specifically to an 39 insured or person covered by an insurance policy issued by an insurer 40 other than a health insurer as defined in subparagraph (B) of paragraph 41 (1) of subsection (h) of this section. The superintendent, in consulta- 42 tion with the commissioner of health and the office of children and 43 family services and the office [for the prevention of] to end domestic 44 and gender-based violence, shall promulgate rules to guide and enable 45 insurers to guard against the disclosure of the address and location of 46 an insured who is a victim of domestic violence. 47 (g) If any person covered by a group insurance policy delivers to the 48 insurer that issued the policy, at its home office, (i) a valid order of 49 protection against another person covered by the group policy, issued by 50 a court of competent jurisdiction in this state, or, except where the 51 insurance policy was issued by a health insurer as defined in subpara- 52 graph (B) of paragraph (1) of subsection (h) of this section, a request 53 to designate an alternative mailing address, telephone number or other 54 method of contact for the purpose of receiving claim related information 55 if the person states that disclosure of all or part of the claim related 56 information could endanger the person, the insurer shall be prohibitedA. 3387 17 1 for the duration of the order, or until the request designating an 2 alternative mailing address, telephone number or other method of contact 3 is cancelled by the requesting person in writing, from disclosing to the 4 person against whom a valid order of protection was issued the address, 5 telephone number or other method of contact for the insured person 6 covered by the order of protection or for any person or entity providing 7 covered services to the insured person covered by the order of 8 protection, any personally identifying information of the insured, or 9 the nature of the covered services provided to the insured, or from 10 mailing, delivering, or otherwise providing claim related information to 11 any mailing address, telephone number, or other method of contact other 12 than as designated by the requesting person pursuant to this subsection. 13 If a child is the covered person, the right established by this 14 subsection may be asserted by, and shall also extend to, the parent or 15 guardian of the child. An insurer may require a person making a request 16 to designate an alternative mailing address, telephone number or other 17 method of contact pursuant to this subsection to: make the request in 18 writing; include in the request a statement that disclosure of all or 19 part of the claim related information to which the request pertains 20 could endanger the person or child; and specify an alternative mailing 21 address, telephone number, or other method of contact. For the purpose 22 of this subsection, "claim related information" means all claim or bill- 23 ing information relating specifically to an insured or person covered by 24 an insurance policy issued by an insurer other than a health insurer as 25 defined in subparagraph (B) of paragraph (1) of subsection (h) of this 26 section. The superintendent, in consultation with the commissioner of 27 health, the office of children and family services and the office [for28the prevention of] to end domestic and gender-based violence, shall 29 promulgate rules to guide and enable insurers to guard against the 30 disclosure of the address and location of an insured who is a victim of 31 domestic violence. 32 (8) The superintendent, in consultation with the commissioner of 33 health, the office of children and family services and the office [for34the prevention of] to end domestic and gender-based violence, shall 35 promulgate rules to guide health insurers in guarding against the 36 disclosure of the information protected pursuant to this subsection. 37 § 14. Section 10-a of the labor law, as added by chapter 527 of the 38 laws of 1995, is amended to read as follows: 39 § 10-a. Domestic violence policy. The commissioner shall study the 40 issue of employees separated from employment due to acts of domestic 41 violence as referred to in and qualified by section four hundred fifty- 42 nine-a of the social services law. The commissioner shall consult with 43 the New York state office [for the prevention of] to end domestic and 44 gender-based violence and its advisory council, the department of social 45 services, the division of women and members of the public in preparing 46 such study. Such study shall include a review of case histories in 47 which unemployment compensation was sought and an analysis of the poli- 48 cies in other states. A copy of such study shall be transmitted to the 49 temporary president of the senate and the speaker of the assembly on or 50 before January fifteenth, nineteen hundred ninety-six and shall contain 51 policy recommendations. 52 § 15. Section 10-b of the labor law, as added by chapter 368 of the 53 laws of 1997, is amended to read as follows: 54 § 10-b. Domestic violence employee awareness and assistance. The 55 commissioner shall assist the office [for the prevention of] to end 56 domestic and gender-based violence in the creation, approval and dissem-A. 3387 18 1 ination of the model domestic violence employee awareness and assistance 2 policy [as further defined in subdivision nine of section five hundred3seventy-five of the executive law. Upon completion and approval of the4model plan as outlined in subdivision nine of section five hundred5seventy-five of the executive law, the commissioner shall assist in the6promotion of the model policy to businesses in New York state]. 7 § 16. Section 2137 of the public health law, as added by chapter 163 8 of the laws of 1998, is amended to read as follows: 9 § 2137. Domestic violence recognition. The department shall, in 10 consultation with the office [for the prevention of] to end domestic and 11 gender-based violence and statewide organizations and community based 12 organizations, develop a protocol for the identification and screening 13 of victims of domestic violence who may either be a protected individual 14 or a contact as used in this title. 15 § 17. Subdivision 2 of section 2803-p of the public health law, as 16 added by chapter 271 of the laws of 1997, is amended to read as follows: 17 2. Every hospital having maternity and newborn services shall provide 18 information concerning family violence to parents of newborn infants at 19 any time prior to the discharge of the mother. Such information shall 20 also be provided by every diagnostic and treatment center offering 21 prenatal care services to women upon an initial prenatal care visit. 22 The commissioner shall, in consultation with the state office [for the23prevention of] to end domestic and gender-based violence and the depart- 24 ment of social services, prepare, produce and transmit such notice to 25 such facilities in quantities sufficient to comply with the requirements 26 of this section. Such notice shall contain information which shall 27 include but not be limited to the effects of family violence and the 28 services available to women and children experiencing family violence. 29 Such information shall be in clear and concise language readily 30 comprehensible. Nothing in this section shall preclude a facility from 31 providing the notice required by this section as an addendum to, or in 32 connection with, any other information required to be provided by any 33 other provision of law, rule or regulation. 34 § 18. Subdivision 3 of section 2805-z of the public health law, as 35 amended by chapter 37 of the laws of 2020, is amended to read as 36 follows: 37 3. The commissioner shall promulgate such rules and regulations as may 38 be necessary and proper to carry out effectively the provisions of this 39 section. Prior to promulgating such rules and regulations, the commis- 40 sioner shall consult with the office [for the prevention of] to end 41 domestic and gender-based violence and other such persons as the commis- 42 sioner deems necessary to develop a model policy for hospitals to 43 utilize in complying with this section and to identify the domestic 44 violence or victim assistance organizations operating in each hospital's 45 geographic area, a list of which the commissioner shall provide to 46 hospitals with the model policy. 47 § 19. The opening paragraph of subdivision (g) of section 17 of the 48 social services law, as added by chapter 280 of the laws of 2002, is 49 amended to read as follows: 50 require participation of all employees of a child protective service 51 in a training course which has been developed by the office [for the52prevention of] to end domestic and gender-based violence in conjunction 53 with the office of children and family services whose purpose is to 54 develop an understanding of the dynamics of domestic violence and its 55 connection to child abuse and neglect. Such course shall:A. 3387 19 1 § 20. Subdivision 1 of section 111-v of the social services law, as 2 added by chapter 398 of the laws of 1997, is amended to read as follows: 3 1. The department, in consultation with appropriate agencies including 4 but not limited to the New York state office [for the prevention of] to 5 end domestic and gender-based violence, shall by regulation prescribe 6 and implement safeguards on the confidentiality, integrity, accuracy, 7 access, and the use of all confidential information and other data 8 handled or maintained, including data obtained pursuant to section one 9 hundred eleven-o of this article and including such information and data 10 maintained in the automated child support enforcement system. Such 11 information and data shall be maintained in a confidential manner 12 designed to protect the privacy rights of the parties and shall not be 13 disclosed except for the purpose of, and to the extent necessary to, 14 establish paternity, or establish, modify or enforce an order of 15 support. 16 § 21. Subdivisions 1, 2 and 3 of section 349-a of the social services 17 law, subdivisions 1 and 3 as added by section 36 of part B of chapter 18 436 of the laws of 1997 and subdivision 2 as amended by chapter 144 of 19 the laws of 2021, are amended to read as follows: 20 1. The department, after consultation with the office [for the21prevention of] to end domestic and gender-based violence and statewide 22 domestic violence advocacy groups, shall by regulation establish 23 requirements for social services districts to notify all applicants and, 24 upon recertification, recipients, of procedures for protection from 25 domestic violence and the availability of services. Such notice shall 26 inform applicants and recipients that the social services district will 27 make periodic inquiry regarding the existence of domestic violence 28 affecting the individual. Such notice shall also inform individuals 29 that response to these inquiries is voluntary and confidential; 30 provided, however, that information regarding neglect or abuse of chil- 31 dren will be reported to child protective services. 32 2. Such inquiry shall be performed utilizing a universal screening 33 form to be developed by the department after consultation with the 34 office [for the prevention of] to end domestic and gender-based violence 35 and statewide domestic violence advocacy groups. Such screening may be 36 conducted by telephone or other digital means at the request of the 37 applicant or recipient. An individual may request such screening at any 38 time, and any individual who at any time self identifies as a victim of 39 domestic or gender-based violence shall be afforded the opportunity for 40 such screening. 41 3. An individual indicating the presence of domestic violence, as a 42 result of such screening, shall be promptly referred to a domestic 43 violence liaison who meets training requirements established by the 44 department, after consultation with the office [for the prevention of] 45 to end domestic and gender-based violence and statewide domestic 46 violence advocacy groups. 47 § 22. The opening paragraph of subdivision 2 and the opening paragraph 48 of subdivision 3 of section 427-a of the social services law, as added 49 by chapter 452 of the laws of 2007, are amended to read as follows: 50 Any social services district interested in implementing a differential 51 response program shall apply to the office of children and family 52 services for permission to participate. The criteria for a social 53 services district to participate will be determined by the office of 54 children and family services after consultation with the office [for the55prevention of] to end domestic and gender-based violence, however theA. 3387 20 1 social services district's application must include a plan setting forth 2 the following: 3 The criteria for determining which cases may be placed in the assess- 4 ment track shall be determined by the local department of social 5 services, in conjunction with the office of children and family services 6 and after consultation with the office [for the prevention of] to end 7 domestic and gender-based violence. Provided, however, that reports 8 including any of the following allegations shall not be included in the 9 assessment track of a differential response program: 10 § 23. Subdivision (a) of section 483-cc of the social services law, as 11 amended by chapter 368 of the laws of 2015, is amended to read as 12 follows: 13 (a) As soon as practicable after a first encounter with a person who 14 reasonably appears to a law enforcement agency, district attorney's 15 office, or an established provider of social or legal services desig- 16 nated by the office of temporary and disability assistance, the office 17 [for the prevention of] to end domestic and gender-based violence or the 18 office of victim services to be a human trafficking victim, that law 19 enforcement agency or district attorney's office shall notify the office 20 of temporary and disability assistance and the division of criminal 21 justice services that such person may be eligible for services under 22 this article or, in the case of an established provider of social or 23 legal services, shall notify the office of temporary and disability 24 assistance and the division of criminal justice services if such victim 25 consents to seeking services pursuant to this article. 26 § 24. Subdivision (a) of section 483-ee of the social services law, as 27 amended by chapter 413 of the laws of 2016, is amended to read as 28 follows: 29 (a) There is established an interagency task force on trafficking in 30 persons, which shall consist of the following members or their desig- 31 nees: (1) the commissioner of the division of criminal justice services; 32 (2) the commissioner of the office of temporary and disability assist- 33 ance; (3) the commissioner of health; (4) the commissioner of the office 34 of mental health; (5) the commissioner of labor; (6) the commissioner of 35 the office of children and family services; (7) the commissioner of the 36 office of alcoholism and substance abuse services; (8) the director of 37 the office of victim services; (9) the executive director of the office 38 [for the prevention of] to end domestic and gender-based violence; and 39 (10) the superintendent of the division of state police; and the follow- 40 ing additional members, who shall be promptly appointed by the governor, 41 each for a term of two years, provided that such person's membership 42 shall continue after such two year term until a successor is appointed 43 and provided, further, that a member may be reappointed if again recom- 44 mended in the manner specified in this subdivision: (11) two members, 45 who shall be appointed on the recommendation of the temporary president 46 of the senate; (12) two members, who shall be appointed on the recommen- 47 dation of the speaker of the assembly; (13) two members, who shall be 48 appointed on the recommendation of the not-for-profit organization in 49 New York state that receives the largest share of funds, appropriated by 50 and through the state budget, for providing services to victims of human 51 trafficking, as shall be identified annually in writing by the director 52 of the budget; and (14) one member, who shall be appointed on the recom- 53 mendation of the president of the New York state bar association; and 54 others as may be necessary to carry out the duties and responsibilities 55 under this section. The task force will be co-chaired by the commission- 56 ers of the division of criminal justice services and the office ofA. 3387 21 1 temporary and disability assistance, or their designees. It shall meet 2 as often as is necessary, but no less than three times per year, and 3 under circumstances as are appropriate to fulfilling its duties under 4 this section. All members shall be provided with written notice reason- 5 ably in advance of each meeting with date, time and location of such 6 meeting. 7 § 25. Subdivision 3 of section 97-yyy of the state finance law, as 8 added by chapter 634 of the laws of 2002, is amended to read as follows: 9 3. Moneys of the fund, following appropriation by the legislature and 10 allocation by the director of the budget, shall be available for the 11 purpose of funding expenses of the office [for the prevention of] to end 12 domestic and gender-based violence for educational and prevention 13 programs undertaken pursuant to article twenty-one of the executive law. 14 § 26. Wherever the term "office for the prevention of domestic 15 violence" appears in the consolidated or unconsolidated laws of this 16 state, such term shall hereby mean "office to end domestic and gender- 17 based violence". 18 § 27. This act shall take effect immediately; provided however that 19 the amendments to subdivision (a) of section 483-ee of the social 20 services law made by section twenty-four of this act shall not affect 21 the repeal of such subdivision and shall be deemed repealed therewith; 22 and provided, further, that paragraphs (o) and (p) of subdivision 3 of 23 section 575 of the executive law made by section two of this act shall 24 take effect on the same date and in the same manner as chapter 740 of 25 the laws of 2022, takes effect.