Bill Text: NY S03124 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes an independent fatality review board to review and assess domestic violence cases which result in a fatality and compile a report and make recommendations to certain state agencies based on such review and assessment; provides for access to various records without subpoena and for access to sealed records with judicial authorization.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S03124 Detail]
Download: New_York-2013-S03124-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3124 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing a fatali- ty review board and providing for such board's powers and duties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature hereby declares that 2 domestic violence is a pervasive and frequently lethal problem in Ameri- 3 can society and in New York state. Nationwide, on average, approximately 4 ten women are killed by their batterers every day. Battering is the 5 single, major cause of injury to women, resulting in more injuries than 6 auto accidents, muggings, and rapes combined. Such abuse is also a 7 strong indicator that physical or sexual abuse of children is occurring 8 in the family. Domestic violence devastates its victims and threatens 9 the stability of the family and negatively affects all family members, 10 especially children who witness the violent abuse. Domestic violence 11 also affects the entire community. The incidence of domestic violence 12 adversely affects the safety, health, and welfare of communities as well 13 as societal economies by draining billions of dollars in social costs 14 associated with medical expenses, law enforcement, and lost productiv- 15 ity. 16 The legislature finds that multi-disciplinary domestic violence fatal- 17 ity review boards have been used successfully to ensure that incidents 18 of domestic violence are recognized and that agency involvement is 19 reviewed to improve the responsiveness of public agencies for the 20 reduction and eradication of domestic violence. The establishment of 21 such a board is similar to the time-honored mortality/morbidity review 22 conference utilized by the medical profession to ensure the provision of 23 quality medical care. 24 The legislature further finds that it is in the interest of the state 25 to provide for the creation of a fatality review board in New York. The EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06935-01-3 S. 3124 2 1 board will facilitate communication among courts and agencies, allow for 2 the identification of preventable deaths, and provide for recommenda- 3 tions with a view toward improving the system's ability to prevent such 4 occurrences. The purpose of the inter-agency, multi-disciplinary review 5 is not punitive, but to increase the thoroughness and effectiveness of 6 systematic responses by developing recommendations for policies and 7 protocols for prevention and intervention initiatives. In addition to 8 reviewing cases, the fatality review board may also provide guidance and 9 protocols for the development and implementation of local reviews by 10 counties or other jurisdictions. The board may also identify trends and 11 patterns of domestic violence deaths and recognize the prevalence of 12 risk factors which exist in the population of victims and perpetrators. 13 This data could be helpful in the development of system interventions 14 and policy changes for persons who are at risk. 15 By enacting this legislation, the legislature seeks to provide a case 16 review process for the purpose of reducing the incidence of preventable 17 deaths from domestic violence. 18 S 2. The executive law is amended by adding a new section 837-s to 19 read as follows: 20 S 837-S. FATALITY REVIEW BOARD ESTABLISHED; POWERS AND DUTIES. 1. A. 21 THERE IS HEREBY ESTABLISHED AN INDEPENDENT FATALITY REVIEW BOARD. SUCH 22 BOARD IS EMPOWERED AND AUTHORIZED TO INVESTIGATE DEATHS APPEARING TO BE 23 FROM UNNATURAL CAUSES, WHERE THE DECEDENT APPEARS TO HAVE BEEN A VICTIM 24 OF DOMESTIC VIOLENCE. 25 B. SUCH INVESTIGATIONS MAY COMMENCE AFTER THE COMPLETION OF THE CRIMI- 26 NAL TRIAL OR TRIAL COURT PROCEEDINGS INVOLVING THE ALLEGED PERPETRATOR 27 OF THE HOMICIDE; PROVIDED, HOWEVER, THAT: 28 (I) THE INVESTIGATION MAY COMMENCE SIX MONTHS AFTER SUCH DEATH IF THE 29 BOARD REASONABLY BELIEVES, AS EVIDENCED BY A MAJORITY BOARD VOTE, THAT 30 THE ALLEGED PERPETRATOR IS UNAPPREHENDED, AND UNDER SUCH CIRCUMSTANCES 31 THE INVESTIGATION MAY CONTINUE ONLY SO LONG AS SUCH ALLEGED PERPETRATOR 32 REMAINS AT LARGE; OR 33 (II) THE INVESTIGATION MAY COMMENCE IMMEDIATELY IF THE BOARD REASON- 34 ABLY BELIEVES, AS EVIDENCED BY MAJORITY BOARD VOTE, THAT THE ALLEGED 35 PERPETRATOR IS DECEASED. 36 2. SUCH BOARD SHALL CONSIST OF THIRTEEN MEMBERS, TO BE APPOINTED AS 37 FOLLOWS: 38 A. FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR: 39 (I) ONE SUCH MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF A 40 STATEWIDE ORGANIZATION REPRESENTING SURVIVORS OF DOMESTIC VIOLENCE; 41 (II) ONE SUCH MEMBER SHALL BE A PERSON EXPERIENCED IN LAW ENFORCEMENT; 42 (III) ONE SUCH MEMBER, WHO SHALL BE APPOINTED UPON THE RECOMMENDATION 43 OF A STATEWIDE ORGANIZATION REPRESENTING PROSECUTORS, SHALL BE A REPRE- 44 SENTATIVE OF PROSECUTION SERVICES; 45 (IV) ONE SUCH MEMBER, WHO SHALL BE APPOINTED UPON THE RECOMMENDATION 46 OF A STATEWIDE ORGANIZATION REPRESENTING THE PUBLIC OR PRIVATE CRIMINAL 47 DEFENSE BAR, SHALL BE A REPRESENTATIVE OF CRIMINAL DEFENSE SERVICES; AND 48 (V) ONE SUCH MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF A 49 STATEWIDE ORGANIZATION REPRESENTING SOCIAL WORKERS. 50 B. THREE MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE STATE. 51 C. ONE MEMBER SHALL BE APPOINTED BY THE OFFICE FOR THE PREVENTION OF 52 DOMESTIC VIOLENCE, WHO SHALL BE A REPRESENTATIVE OF THAT OFFICE. 53 D. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE 54 SENATE, ONE OF WHOM SHALL BE APPOINTED ON THE RECOMMENDATION OF A STATE- 55 WIDE ORGANIZATION REPRESENTING CRIME VICTIMS. S. 3124 3 1 E. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE 2 OF WHOM SHALL BE APPOINTED ON THE RECOMMENDATION OF A STATEWIDE ORGAN- 3 IZATION REPRESENTING CRIME VICTIMS. 4 3. MEMBERS OF THE BOARD SHALL BE APPOINTED TO SERVE FOR A TERM OF 5 FOUR YEARS. FROM AMONG THE MEMBERS, A CHAIRPERSON SHALL BE ELECTED, WHO 6 SHALL SERVE FOR A PERIOD OF TWO YEARS. MEMBERS OF THE BOARD SHALL NOT 7 BE COMPENSATED FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND 8 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. NO 9 MEMBER OF THE BOARD SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE 10 OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT 11 BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. ANY VACANCY IN THE 12 MEMBERSHIP OF THE BOARD SHALL BE FILLED IN THE SAME MANNER AS THE 13 ORIGINAL APPOINTMENT. 14 4. A. THE BOARD SHALL REVIEW AND STUDY THE CIRCUMSTANCES OF SUCH 15 FATALITIES. IT SHALL ASSESS THE ACTIVITIES AND RESPONSES OF THE CRIMINAL 16 JUSTICE SYSTEM AND OF ANY OTHER PUBLIC ENTITIES WHICH MAY HAVE BEEN 17 INVOLVED IN, OR IN ANY MANNER ASSOCIATED WITH, THE CIRCUMSTANCES OF THE 18 FATALITY, ITS INVESTIGATION, OR THE RELEVANT HISTORY OF DOMESTIC 19 VIOLENCE. 20 B. THE BOARD SHALL PERIODICALLY ADVISE AND MAKE RECOMMENDATIONS TO THE 21 DIVISION OF CRIMINAL JUSTICE SERVICES, OFFICE OF COURT ADMINISTRATION, 22 DIVISION OF STATE POLICE, THE STATE OFFICE FOR THE PREVENTION OF DOMES- 23 TIC VIOLENCE, AND OTHER APPROPRIATE ENTITIES CONCERNING THEIR FINDINGS. 24 THE BOARD HAS THE AUTHORITY TO RECOMMEND APPROPRIATE CORRECTIVE ACTIONS, 25 BASED UPON ITS FINDINGS, TO IMPROVE THE MANAGEMENT, SUPERVISION AND 26 PROVISION OF SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AND THEIR FAMILIES 27 AND TO MAKE RECOMMENDATIONS FOR ACTIONS, BASED UPON ITS FINDINGS, THAT 28 MAY REDUCE THE PREVALENCE OF DOMESTIC VIOLENCE. 29 C. THE BOARD SHALL ALSO PERFORM A RESEARCH AND REPORTING FUNCTION AND 30 IDENTIFY AREAS REQUIRING NEW PREVENTIVE AND PROTECTIVE STRATEGIES, 31 GUIDELINES, OR LEGISLATIVE CHANGES. THE BOARD SHALL REPORT ANNUALLY ON 32 ITS ACTIVITIES AND FINDINGS, INCLUDING ITS RECOMMENDATIONS, TO THE 33 GOVERNOR, LEGISLATURE, CHIEF JUDGE, DIVISION OF CRIMINAL JUSTICE 34 SERVICES, OFFICE OF COURT ADMINISTRATION, DIVISION OF STATE POLICE, AND 35 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE ON OR BEFORE THE 36 FIFTEENTH OF MARCH OF EACH YEAR. SUCH REPORT SHALL BE RELEASED AND MADE 37 AVAILABLE TO THE PUBLIC. 38 5. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD 39 IS ENTITLED TO EXAMINE AND RECEIVE WITHOUT CHARGE PHOTOCOPIES OR PHOTO- 40 GRAPHS OF THE FOLLOWING RECORDS AND DOCUMENTS WITHOUT THE NECESSITY OF A 41 SUBPOENA AND WITHOUT COURT APPROVAL: 42 (I) ALL UNSEALED COURT RECORDS, INCLUDING TRANSCRIPTS, EXHIBITS, AND 43 ITEMS ENTERED IN EVIDENCE, IN CRIMINAL OR FAMILY COURT PROCEEDINGS IN 44 WHICH THE DECEDENT OR THE ALLEGED PERPETRATOR WAS A COMPLAINANT, DEFEND- 45 ANT, OR RESPONDENT, INCLUDING ANY SUCH TRIAL OR PROCEEDING ARISING OUT 46 OF THE DECEDENT'S DEATH; 47 (II) ALL MEDICAL, HOSPITAL, CORONER'S, AND MEDICAL EXAMINER'S RECORDS 48 AND EXHIBITS CONCERNING THE DECEDENT; AND 49 (III) ALL RECORDS AND PUBLIC SAFETY AGENCY RECORDS AVAILABLE PURSUANT 50 TO ARTICLES SIX AND SIX-A OF THE PUBLIC OFFICERS LAW, EXCEPT THAT WHERE 51 AN AGENCY CLAIMS AN EXEMPTION FROM DISCLOSURE UNDER SUCH ARTICLE SIX OR 52 SIX-A, THEN, IN ADDITION TO ANY OTHER AVAILABLE REMEDY, THE BOARD MAY 53 PROCEED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION. 54 B. (I) THE BOARD MAY ALSO REQUEST AUTHORIZATION FROM A COURT TO EXAM- 55 INE AND RECEIVE WITHOUT CHARGE PHOTOCOPIES OR PHOTOGRAPHS OF ANY OTHER 56 RECORD OR DOCUMENT IN THE POSSESSION OF ANY STATE OR LOCAL GOVERNMENTAL S. 3124 4 1 ENTITY, WHERE SUCH RECORD MAY REASONABLY ASSIST THE BOARD IN CONDUCTING 2 ITS INVESTIGATION. THIS INCLUDES, BUT IS NOT LIMITED TO: 3 (A) SEALED COURT RECORDS AND CONFIDENTIAL POLICE, PROSECUTION, AND LAW 4 ENFORCEMENT AGENCY REPORTS AND RECORDS CONCERNING INVESTIGATIONS IN 5 WHICH THE DECEDENT OR THE ALLEGED PERPETRATOR WAS A COMPLAINANT, 6 RESPONDENT, DEFENDANT, WITNESS, OR ALLEGED VICTIM; 7 (B) RECORDS CONCERNING THE DECEDENT OR HER OR HIS CHILDREN MAINTAINED 8 BY DOMESTIC VIOLENCE SHELTERS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVI- 9 SION FOUR OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES 10 LAW; 11 (C) RECORDS CONCERNING THE DECEDENT, HER OR HIS CHILDREN, OR THE 12 ALLEGED PERPETRATOR MAINTAINED PURSUANT TO SECTION THREE HUNDRED SEVEN- 13 TY-TWO OF THE SOCIAL SERVICES LAW; 14 (D) RECORDS CONCERNING THE DECEDENT, HER OR HIS CHILDREN, OR THE 15 ALLEGED PERPETRATOR MAINTAINED BY THE DEPARTMENT OF FAMILY ASSISTANCE 16 PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES LAW; 17 AND 18 (E) SEALED COURT RECORDS OF MATRIMONIAL ACTIONS OR PROCEEDINGS 19 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE OF THE 20 DOMESTIC RELATIONS LAW INVOLVING THE DECEDENT OR THE ALLEGED PERPETRA- 21 TOR. 22 (II) UNLESS A COURT ORDERS OTHERWISE, THE APPLICATION PURSUANT TO THIS 23 PARAGRAPH SHALL BE MADE ON AT LEAST FIVE DAYS' NOTICE TO THE PERSON 24 HAVING CUSTODY OF THE RECORD OR DOCUMENT, TO THE DISTRICT ATTORNEY OF 25 THE JURISDICTION IN WHICH THE DECEDENT IS BELIEVED TO HAVE DIED, AND TO 26 ALL PERSONS, INCLUDING SURVIVING FAMILY MEMBERS OF THE DECEDENT, BUT NOT 27 INCLUDING THE ALLEGED PERPETRATOR, WHOM THE COURT DETERMINES WOULD 28 REASONABLY HAVE AN INTEREST IN THE PRIVACY OF SUCH RECORD OR DOCUMENT. 29 (III) WHERE THE APPLICATION IS TO REVIEW A CONFIDENTIAL JUDICIAL 30 RECORD, THE APPLICATION SHALL BE MADE TO THE COURT WHERE THE RECORD IS 31 MAINTAINED. 32 (IV) WHERE THE APPLICATION IS TO REVIEW A CONFIDENTIAL RECORD OR DOCU- 33 MENT MAINTAINED BY A NON-JUDICIAL STATE OR LOCAL GOVERNMENT ENTITY, THE 34 APPLICATION SHALL BE BROUGHT IN THE SUPREME COURT IN THE COUNTY SPECI- 35 FIED IN SUBDIVISION (B) OF SECTION FIVE HUNDRED SIX OF THE CIVIL PRAC- 36 TICE LAW AND RULES, EXCEPT AS THAT SUBDIVISION OTHERWISE PROVIDES. 37 (V) IN ANY SUCH PROCEEDING, THE COURT MAY ISSUE A PROTECTIVE ORDER 38 DENYING, LIMITING, OR CONDITIONING ACCESS TO THE CONFIDENTIAL RECORD OR 39 DOCUMENT WHEN PRODUCING THE RECORD OR DOCUMENT WOULD ENDANGER THE INTEG- 40 RITY OF PHYSICAL EVIDENCE, CREATE A SUBSTANTIAL RISK OF PHYSICAL HARM, 41 INTIMIDATION, ECONOMIC COERCION, OR BRIBERY, OR HAVE A SERIOUSLY ADVERSE 42 EFFECT UPON THE LEGITIMATE NEEDS OF LAW ENFORCEMENT. 43 C. IN CONNECTION WITH AN APPLICATION UNDER THIS SECTION OR ANY APPEAL 44 THEREFROM OR ANY OTHER LEGAL MATTER, THE BOARD SHALL BE ENTITLED TO 45 REPRESENTATION BY PRIVATE COUNSEL OF ITS CHOICE WHENEVER THE ATTORNEY 46 GENERAL DETERMINES, BASED UPON HIS OR HER INVESTIGATION AND REVIEW OF 47 THE FACTS AND CIRCUMSTANCES, THAT REPRESENTATION BY THE DEPARTMENT OF 48 LAW WOULD BE INAPPROPRIATE. THE ATTORNEY GENERAL SHALL NOTIFY THE BOARD 49 IN WRITING OF SUCH DETERMINATION THAT THE BOARD IS ENTITLED TO PRIVATE 50 COUNSEL. IF THE BOARD IS ENTITLED TO REPRESENTATION BY PRIVATE COUNSEL 51 UNDER THE PROVISIONS OF THIS PARAGRAPH, THE ATTORNEY GENERAL SHALL SO 52 CERTIFY TO THE COMPTROLLER. REASONABLE ATTORNEYS' FEES AND LITIGATION 53 EXPENSES SHALL BE PAID BY THE STATE TO SUCH PRIVATE COUNSEL FOR SUCH 54 REPRESENTATION UPON THE AUDIT AND WARRANT OF THE COMPTROLLER. 55 6. NEITHER THE BOARD NOR ANY MEMBER THEREOF SHALL DISCLOSE ANY INFOR- 56 MATION OBTAINED BY THE BOARD OR A BOARD MEMBER WHICH IS CONFIDENTIAL BY S. 3124 5 1 LAW. UNAUTHORIZED DISCLOSURE OF SUCH CONFIDENTIAL INFORMATION BY A 2 MEMBER OF THE BOARD MAY RESULT IN REMOVAL OF SUCH MEMBER BY MAJORITY 3 BOARD VOTE, AFTER NOTICE TO SUCH MEMBER AND AN OPPORTUNITY TO BE HEARD. 4 7. THE BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND SHALL 5 UTILIZE AND BE PROVIDED WITH, SUCH FACILITIES AND RESOURCES FROM ANY 6 DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR ANY AGENCY OF THE 7 STATE OR ANY POLITICAL SUBDIVISION THEREOF AS ARE REASONABLY NECESSARY 8 TO CARRY OUT ITS RESPONSIBILITIES. IF REQUESTED BY THE BOARD, THE OFFICE 9 FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL FURNISH REASONABLE OFFICE 10 SPACE AND DAY-TO-DAY STAFF SUPPORT TO THE BOARD WITHIN ITS AVAILABLE 11 RESOURCES. 12 8. AS USED IN THIS SECTION: 13 A. "ALLEGED PERPETRATOR" MEANS THE PERSON OR PERSONS WHOM THE BOARD 14 REASONABLY BELIEVES TO HAVE TAKEN OR PROCURED THE TAKING OF THE LIFE OF 15 THE DECEDENT. 16 B. "DECEDENT" MEANS THE PERSON WHOSE DEATH THE BOARD IS INVESTIGATING. 17 S 3. This act shall take effect on the thirtieth day after it shall 18 have become a law.