Bill Text: NY A04347 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides that translations and notifications regarding family offense interventions be in other than the English language.
Spectrum: Partisan Bill (Democrat 22-1)
Status: (Passed) 2015-11-20 - signed chap.432 [A04347 Detail]
Download: New_York-2015-A04347-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4347 2015-2016 Regular Sessions I N A S S E M B L Y January 30, 2015 ___________ Introduced by M. of A. DAVILA, LENTOL, MOSLEY, OTIS, GOTTFRIED, ROZIC, ROBINSON, HOOPER, WRIGHT -- Multi-Sponsored by -- M. of A. ARROYO, BROOK-KRASNY, MARKEY, McDONOUGH, PERRY, RIVERA, SEPULVEDA, SOLAGES -- read once and referred to the Committee on Codes AN ACT to amend the executive law and the criminal procedure law, in relation to translations and notification to be made in other than the English language in family offense interventions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 214-b of the executive law, as added by chapter 222 2 of the laws of 1994, is amended to read as follows: 3 S 214-b. Family offense intervention. The superintendent shall, for 4 all members of the state police including new and veteran officers, 5 develop, maintain and disseminate, in consultation with the state office 6 for the prevention of domestic violence, written policies and procedures 7 consistent with article eight of the family court act and applicable 8 provisions of the criminal procedure and domestic relations laws, 9 regarding the investigation of and intervention in incidents of family 10 offenses. Such policies and procedures shall make provision for educa- 11 tion and training in the interpretation and enforcement of New York's 12 family offense laws, including but not limited to: 13 (a) intake and recording of victim statements, AND THE PROMPT TRANS- 14 LATION OF SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN ENGLISH, IN 15 ACCORDANCE WITH SUBDIVISION (C) OF THIS SECTION, on a standardized 16 "domestic violence incident report form" promulgated by the state divi- 17 sion of criminal justice services in consultation with the superinten- 18 dent and with the state office for the prevention of domestic violence, 19 and the investigation thereof so as to ascertain whether a crime has 20 been committed against the victim by a member of the victim's family or 21 household as such terms are defined in section eight hundred twelve of 22 the family court act and section 530.11 of the criminal procedure law; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03999-01-5 A. 4347 2 1 (b) the need for immediate intervention in family offenses including 2 the arrest and detention of alleged offenders, pursuant to subdivision 3 four of section 140.10 of the criminal procedure law, and notifying 4 victims of their rights, IN THEIR NATIVE LANGUAGE, IF IDENTIFIED AS 5 OTHER THAN ENGLISH, IN ACCORDANCE WITH SUBDIVISION (C) OF THIS SECTION, 6 including but not limited to immediately providing the victim with the 7 written notice provided in subdivision six of section 530.11 of the 8 criminal procedure law and subdivision five of section eight hundred 9 twelve of the family court act. 10 (C) THE SUPERINTENDENT, IN CONSULTATION WITH THE DIVISION OF CRIMINAL 11 JUSTICE SERVICES AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE 12 SHALL DETERMINE THE LANGUAGES IN WHICH SUCH TRANSLATION REQUIRED BY 13 SUBDIVISION (A) OF THIS SECTION, AND THE NOTIFICATION REQUIRED PURSUANT 14 TO SUBDIVISION (B) OF THIS SECTION, SHALL BE PROVIDED. SUCH DETERMI- 15 NATION SHALL BE BASED ON THE SIZE OF THE NEW YORK STATE POPULATION THAT 16 SPEAKS EACH LANGUAGE AND ANY OTHER RELEVANT FACTOR. SUCH WRITTEN NOTICE 17 REQUIRED PURSUANT TO SUBDIVISION (B) OF THIS SECTION SHALL BE MADE 18 AVAILABLE TO ALL STATE POLICE OFFICERS IN THE STATE. 19 S 2. Paragraph (f) of subdivision 3 of section 840 of the executive 20 law, as amended by section 5 of part Q of chapter 56 of the laws of 21 2009, is amended to read as follows: 22 (f) Develop, maintain and disseminate, in consultation with the state 23 office for the prevention of domestic violence, written policies and 24 procedures consistent with article eight of the family court act and 25 applicable provisions of the criminal procedure and domestic relations 26 laws, regarding the investigation of and intervention by new and veteran 27 police officers in incidents of family offenses. Such policies and 28 procedures shall make provisions for education and training in the 29 interpretation and enforcement of New York's family offense laws, 30 including but not limited to: 31 (1) intake and recording of victim statements, AND THE PROMPT TRANS- 32 LATION OF SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN ENGLISH, IN 33 ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS PARAGRAPH, on a standardized 34 "domestic violence incident report form" promulgated by the division of 35 criminal justice services in consultation with the superintendent of 36 state police, representatives of local police forces and the state 37 office for the prevention of domestic violence, and the investigation 38 thereof so as to ascertain whether a crime has been committed against 39 the victim by a member of the victim's family or household as such terms 40 are defined in section eight hundred twelve of the family court act and 41 section 530.11 of the criminal procedure law; and 42 (2) the need for immediate intervention in family offenses including 43 the arrest and detention of alleged offenders, pursuant to subdivision 44 four of section 140.10 of the criminal procedure law, and notifying 45 victims of their rights, IN THEIR NATIVE LANGUAGE, IF IDENTIFIED AS 46 OTHER THAN ENGLISH, IN ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS PARA- 47 GRAPH, including but not limited to immediately providing the victim 48 with the written notice required in subdivision six of section 530.11 of 49 the criminal procedure law and subdivision five of section eight hundred 50 twelve of the family court act; 51 (3) DETERMINE, IN CONSULTATION WITH THE SUPERINTENDENT OF STATE POLICE 52 AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, THE LANGUAGES IN 53 WHICH SUCH TRANSLATION REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH, 54 AND THE NOTIFICATION REQUIRED BY SUBPARAGRAPH TWO OF THIS PARAGRAPH, 55 SHALL BE PROVIDED. SUCH DETERMINATION SHALL BE BASED ON THE SIZE OF THE 56 NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER RELE- A. 4347 3 1 VANT FACTOR. SUCH WRITTEN NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH TWO 2 OF THIS PARAGRAPH SHALL BE MADE AVAILABLE TO ALL LOCAL LAW ENFORCEMENT 3 AGENCIES THROUGHOUT THE STATE. NOTHING IN THIS PARAGRAPH SHALL PREVENT 4 THE COUNCIL FROM USING THE DETERMINATIONS MADE BY THE SUPERINTENDENT OF 5 STATE POLICE PURSUANT TO SUBDIVISION (C) OF SECTION TWO HUNDRED FOUR- 6 TEEN-B OF THIS CHAPTER; 7 S 3. The opening paragraph of subdivision 15 of section 837 of the 8 executive law, as amended by chapter 626 of the laws of 1997, is amended 9 to read as follows: 10 Promulgate, in consultation with the superintendent of state police 11 and the state office for the prevention of domestic violence, AND IN 12 ACCORDANCE WITH PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION EIGHT 13 HUNDRED FORTY OF THIS ARTICLE, a standardized "domestic violence inci- 14 dent report form" for use by state and local law enforcement agencies in 15 the reporting, recording and investigation of all alleged incidents of 16 domestic violence, regardless of whether an arrest is made as a result 17 of such investigation. Such form shall be prepared in multiple parts, 18 one of which shall be immediately provided to the victim, and shall 19 include designated spaces for: the recordation of the results of the 20 investigation by the law enforcement agency and the basis for any action 21 taken; the recordation of a victim's allegations of domestic violence; 22 the age and gender of the victim and the alleged offender or offenders; 23 and immediately thereunder a space on which the victim may sign and 24 verify such victim's allegations. Such form shall also include, but not 25 be limited to spaces to identify: 26 S 4. Subdivision 5 of section 140.10 of the criminal procedure law, as 27 amended by section 72 of subpart B of part C of chapter 62 of the laws 28 of 2011, is amended to read as follows: 29 5. Upon investigating a report of a crime or offense between members 30 of the same family or household as such terms are defined in section 31 530.11 of this chapter and section eight hundred twelve of the family 32 court act, a law enforcement officer shall prepare [and], file, AND 33 TRANSLATE, IN ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN-B OR EIGHT 34 HUNDRED FORTY OF THE EXECUTIVE LAW, a written report of the incident, on 35 a form promulgated pursuant to section eight hundred thirty-seven of the 36 executive law, including statements made by the victim and by any 37 witnesses, and make any additional reports required by local law 38 enforcement policy or regulations. Such report shall be prepared and 39 filed, whether or not an arrest is made as a result of the officers' 40 investigation, and shall be retained by the law enforcement agency for a 41 period of not less than four years. Where the reported incident involved 42 an offense committed against a person who is sixty-five years of age or 43 older a copy of the report required by this subdivision shall be sent to 44 the New York state committee for the coordination of police services to 45 elderly persons established pursuant to section eight hundred forty- 46 four-b of the executive law. Where the reported incident involved an 47 offense committed by an individual known by the law enforcement officer 48 to be under probation or parole supervision, he or she shall transmit a 49 copy of the report as soon as practicable to the supervising probation 50 department or the department of corrections and community supervision. 51 S 5. This act shall take effect on the ninetieth day after it shall 52 have become a law.