Bill Text: NY S03150 | 2021-2022 | General Assembly | Amended


Bill Title: Requires the municipal police training council and the division of state police to develop policies and procedures for police officers to notify family members in-person of a relative's death in certain circumstances.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-08-17 - SIGNED CHAP.531 [S03150 Detail]

Download: New_York-2021-S03150-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3150--A
            Cal. No. 238

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by Sens. COMRIE, PARKER, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation -- recommitted to the Committee on Transportation in accord-
          ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  passed  by  Senate  and delivered to the Assembly, recalled,
          vote reconsidered, restored to  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN  ACT  to  amend the executive law, in relation to policies and proce-
          dures regarding death notifications

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 840 of the executive law is amended by adding a new
     2  subdivision 7 to read as follows:
     3    7. The council shall, in addition:
     4    (a)  Develop,  maintain  and  disseminate,  in  collaboration with the
     5  office of victim services, a model law  enforcement  death  notification
     6  policy  setting  forth  recommended  policies  and  procedures regarding
     7  in-person death notifications to a deceased individual's  next  of  kin.
     8  Such  policies  and  procedures  shall make provisions for education and
     9  training of current and new police officers in  the  planning,  prepara-
    10  tion,  and  delivery of in-person death notifications, including but not
    11  limited to, policies and procedures for:
    12    (i) the identification of the deceased individual, the  collection  of
    13  accurate  information  regarding  the deceased individual, and the iden-
    14  tification of the deceased individual's next of kin; and
    15    (ii) the actual delivery  of  in-person  death  notifications  to  the
    16  deceased's  next of kin within twenty-four hours following the identifi-
    17  cation of such individual; provided, however, such policies  and  proce-
    18  dures shall provide that, in the event that an in-person death notifica-
    19  tion  cannot be provided to the deceased individual's next of kin within

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07720-03-2

        S. 3150--A                          2

     1  such timeframe, the failure or delay of such notification shall be docu-
     2  mented and such notification shall instead be made as soon as  practica-
     3  ble.
     4    (b)  Recommend  to  the governor rules and regulations with respect to
     5  the establishment and implementation on an ongoing basis of  a  training
     6  program  for  all current and new police officers regarding the policies
     7  and procedures established pursuant  to  this  subdivision,  along  with
     8  recommendations for periodic retraining of police officers.
     9    (c)  Disseminate  the  model law enforcement death notification policy
    10  promulgated in accordance with this subdivision to  all  police  depart-
    11  ments in this state and develop a model training program for all current
    12  and  new  police  officers  regarding the policies and procedures estab-
    13  lished pursuant to such subdivision.
    14    § 2. The executive law is amended by adding a  new  section  214-h  to
    15  read as follows:
    16    §  214-h.  Model law enforcement death notification policy. The super-
    17  intendent, in collaboration with the office of victim  services,  shall,
    18  for all members of the division of state police:
    19    1.  Develop,  maintain  and  disseminate a model law enforcement death
    20  notification policy setting forth recommended  policies  and  procedures
    21  regarding  in-person death notifications to a deceased individual's next
    22  of kin. Such policies and procedures shall make provisions for education
    23  and training of current and new police officers in the planning,  prepa-
    24  ration, and delivery of in-person death notifications, including but not
    25  limited to, policies and procedures for:
    26    (a)  the  identification of the deceased individual, the collection of
    27  accurate information regarding the deceased individual,  and  the  iden-
    28  tification of the deceased individual's next of kin; and
    29    (b)  the  actual  delivery  of  in-person  death  notifications to the
    30  deceased individual's next of kin within twenty-four hours following the
    31  identification of such individual; provided, however, such policies  and
    32  procedures  shall  provide  that,  in  the event that an in-person death
    33  notification cannot be provided to the deceased individual's next of kin
    34  within such timeframe, the failure or delay of such  notification  shall
    35  be  documented  and  such  notification shall instead be made as soon as
    36  practicable.
    37    2. Recommend to the governor rules and regulations with respect to the
    38  establishment and implementation on  an  ongoing  basis  of  a  training
    39  program  for  all current and new police officers regarding the policies
    40  and procedures established pursuant to this section, along  with  recom-
    41  mendations for periodic retraining of police officers.
    42    3.  Disseminate  the  model  law enforcement death notification policy
    43  promulgated in accordance with this section to all members of the  state
    44  police  and  develop  a  model  training program for all current and new
    45  police officers regarding the policies and procedures established pursu-
    46  ant to such section.
    47    § 3. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law.  Effective immediately, the addition, amend-
    49  ment and/or repeal of any rule or regulation necessary for the implemen-
    50  tation of this act on its effective date are authorized to be  made  and
    51  completed on or before such effective date.
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