STATE OF NEW YORK ________________________________________________________________________ 1965 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ 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 [FOR 5 THE 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, paragraph (o) of subdivision 3 as 10 amended by chapter 23 of the laws of 2023, paragraph (p) of subdivision 11 3 as relettered by chapter 740 of the laws of 2022, subdivisions 7 and 8 12 as added by chapter 396 of the laws of 1994, subdivision 9 as added by 13 chapter 368 of the laws of 1997, subdivision 10 as added by section 3 of 14 part A of chapter 491 of the laws of 2012 and paragraph (d) of subdivi- 15 sion 10 as amended by chapter 248 of the laws of 2017, is amended to 16 read as follows: 17 § 575. New York state office [for the prevention of] to end domestic 18 and gender-based violence. 1. Establishment of office. There is hereby 19 established within the executive department the "New York state office 20 [for the prevention of] to end domestic and gender-based violence", 21 hereinafter in this section referred to as the "office". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03213-01-5
A. 1965 2 1 2. Duties and responsibilities. The office shall advise the governor 2 and the legislature on the most effective ways for state government to 3 respond to the problem of domestic and gender-based violence. In 4 fulfilling this responsibility, the office shall consult with experts, 5 service providers and representative organizations in the field of 6 domestic and gender-based violence and shall act as an advocate for 7 domestic and gender-based violence victims and survivor-centered 8 programs. 9 3. Definitions. For the purposes of this section the following terms 10 shall have the following meanings: 11 (a) "Domestic violence" means a pattern of behavior used by an indi- 12 vidual to establish and maintain power and control over their intimate 13 partner. Such behavior includes abusive and coercive tactics, threats 14 and actions that may or may not rise to the level of criminal behavior, 15 including, but not limited to, physical, emotional, financial, and sexu- 16 al abuse. 17 (b) "Gender-based violence" means threats to harm, or actual harms 18 committed against a person or persons based on actual or perceived sex, 19 gender, sexual orientation, gender identity or expression or other such 20 sex or gender related characteristics. "Gender-based violence" shall 21 include, but not be limited to, domestic violence; sexual violence; 22 human trafficking; reproductive coercion and violence; stalking; and 23 child-abuse as connected to gender-based violence. "Gender-based 24 violence" shall not include actions taken by a person in self-defense 25 against an act or series of acts of gender-based violence. 26 4. Activities. In addition, the office shall develop and implement 27 policies and programs designed to assist victims of domestic and 28 gender-based violence and their families, and to provide education and 29 prevention, training and technical assistance. Such domestic and 30 gender-based violence-related activities shall include, but not be 31 limited to: 32 (a) Serving as a clearinghouse for information and materials; 33 (b) Developing and coordinating community outreach and public educa- 34 tion throughout the state; 35 (c) Developing and delivering training to professionals, including but 36 not limited to professionals in the fields of: 37 (i) domestic and gender-based violence; 38 (ii) health and mental health; 39 (iii) social and human services; 40 (iv) public education; 41 (v) law enforcement and criminal justice; 42 (vi) alcohol and substance abuse; 43 (d) Developing and promoting school-based prevention programs; 44 (e) Providing technical assistance to state and local government 45 bodies and other agencies and to private businesses and not-for-profit 46 corporations, on effective survivor-centered policies and responses to 47 domestic and gender-based violence, including development of model 48 [domestic violence] policies[, pursuant to subdivisions seven, eight and 49 nine of this section]; 50 (f) Promoting and facilitating interagency cooperation among state 51 agencies and intergovernmental cooperation between different levels of 52 government in the state in the delivery and/or funding of survivor-cen- 53 tered services; 54 (g) Operating, in collaboration with survivors, state coalitions, and 55 other stakeholders, as an advocate for [domestic violence services and] 56 victims and for survivor-centered domestic and gender-based violence
A. 1965 3 1 services, including periodic solicitation of input from survivors and 2 service providers regarding successes, challenges, and needs; 3 (h) Undertaking program and services needs assessments on its own 4 initiative or at the request of the governor, the legislature or service 5 providers; 6 (i) Examining the relationship between domestic and gender-based 7 violence and other problems and making recommendations for effective 8 policy response; 9 (j) Collecting data, conducting research, and holding public hearings; 10 (k) Making periodic reports to the governor and the legislature recom- 11 mending policy and program directions and reviewing the activities of 12 the office; 13 (l) [Developing] Working with stakeholders in developing and promoting 14 [senior center based] gender-based violence prevention programs; 15 (m) [promoting best practices for abusive partner intervention] Inves- 16 tigating, establishing and promoting best practices for accountability 17 for those who harm their intimate partners; 18 (n) Administering grant funds appropriated and made available to 19 support compliance with article one hundred [twenty-nine-b] 20 twenty-nine-B of the education law; and undertaking such actions, 21 duties, and responsibilities as may be necessary to serve the purpose of 22 article one hundred [twenty-nine-b] twenty-nine-B of the education law; 23 and 24 (o) (i) Within amounts appropriated for such purpose, the office shall 25 contract with an organization designated by the federal department of 26 health and human services to coordinate statewide improvements within 27 local communities, social services systems, and programming regarding 28 the prevention and intervention of domestic violence in New York state 29 to mutually develop a training program as described in this paragraph. 30 The office and such organization shall be responsible for providing such 31 training to psychiatrists, psychologists and social workers who are 32 licensed in the state of New York, so that such individuals may conduct 33 court ordered forensic evaluations, involving child custody and visita- 34 tion pursuant to paragraph (a-3) of subdivision one of section two 35 hundred forty of the domestic relations law; for consulting with domes- 36 tic violence service providers and representative organizations in the 37 field of domestic violence when such training is provided in their 38 communities; and for reviewing and updating training topics at least 39 once every two years. Such training shall include, but not be limited 40 to, a review of: relevant statutes; case law and psychological defi- 41 nitions of domestic violence; coercive control and child abuse; the 42 dynamics and effects of domestic and gender-based violence and child 43 abuse, including but not limited to, emotional, financial, physical, 44 technological and sexual abuse; the barriers and fears associated with 45 reporting domestic and gender-based violence and child abuse and why 46 victims may not have documented evidence of abuse; tactics commonly used 47 by one party to induce fear in another party or child, including verbal, 48 emotional, psychological, and/or economic abuse, isolating techniques, 49 coercive control, and monitoring of a partner's location and activities; 50 litigation abuse and demands for custody or joint custody in order to 51 pressure the partner to return or punish the partner for leaving; trau- 52 ma, particularly as it relates to sexual abuse and the risks posed to 53 children and the long-term dangers and impacts imposed by the presence 54 of adverse childhood experiences; the increased risk of escalating 55 violence that occurs during child custody proceedings; and the danger of
A. 1965 4 1 basing child custody decisions on claims that a child's deficient or 2 negative relationship with a parent is caused by the other parent. 3 (ii) The office, in consultation with the organization designated by 4 the federal department of health and human services to coordinate state- 5 wide improvements within local communities, social services systems, and 6 programming regarding the prevention and intervention of domestic 7 violence in New York state, shall determine a reasonable number of 8 training-hours that shall be required for the first instance such 9 program is provided to psychiatrists, psychologists and social workers 10 and a reasonable number of training-hours that shall be required for 11 subsequent refresher courses provided to such individuals. 12 (iii) The organization designated by the federal department of health 13 and human services to coordinate statewide improvements within local 14 communities, social services systems, and programming regarding the 15 prevention and intervention of domestic violence in New York state shall 16 be responsible for providing a certification of completion to each 17 psychiatrist, psychologist or social worker who satisfies the require- 18 ments of such training program, so that such individuals may conduct 19 court ordered forensic evaluations involving child custody and visita- 20 tion pursuant to paragraph (a-3) of subdivision one of section two 21 hundred forty of the domestic relations law; and 22 (p) Any other activities including the making of and promulgation of 23 rules and regulations deemed necessary to facilitate the prevention of 24 domestic violence within the scope and purview of this article which are 25 not otherwise inconsistent with any other provisions of law. 26 [4.] 5. Advisory council. (a) An advisory council is hereby estab- 27 lished to make recommendations on domestic and gender-based violence 28 related issues and effective strategies [for the prevention of] to end 29 domestic and gender-based violence, to assist in the development of 30 appropriate policies and priorities for effective intervention, public 31 education and advocacy, and to facilitate and assure communication and 32 coordination of efforts among state agencies and between different 33 levels of government, state, federal, and municipal, [for the prevention 34 of] to end domestic and gender-based violence. 35 (b) The advisory council shall consist of nine members and seventeen 36 ex-officio members. Each member shall be appointed to serve for a term 37 of three years and shall continue in office until a successor appointed 38 member is made. A member appointed to fill a vacancy shall be appointed 39 for the unexpired term of the member [he or she] such member is to 40 succeed. All of the members shall be individuals with expertise in the 41 area of domestic and gender-based violence. Three members shall be 42 appointed by the governor, two members shall be appointed upon the 43 recommendation of the temporary president of the senate, two members 44 shall be appointed upon the recommendation of the speaker of the assem- 45 bly, one member shall be appointed upon the recommendation of the minor- 46 ity leader of the senate, and one member shall be appointed upon the 47 recommendation of the minority leader of the assembly. The ex-officio 48 members of the advisory board shall consist of the director of the 49 office, who shall chair the council, and the following members or their 50 designees: the commissioner of the office of temporary and disability 51 assistance; the commissioner of the department of health; the commis- 52 sioner of the education department; the commissioner of the office of 53 mental health; the commissioner of the office of addiction services and 54 supports; the commissioner of the division of criminal justice services; 55 the superintendent of the division of state police; the director of the 56 office of probation and correctional alternatives; the commissioner of
A. 1965 5 1 the office of children and family services; the director of the office 2 of victim services; the chief administrative judge of the office of 3 court administration; the commissioner of the department of labor; the 4 director of the state office for the aging; the commissioner of the 5 department of corrections and community supervision; the commissioner of 6 homes and community renewal; the chief executive officer of the New York 7 state coalition against domestic violence; and the executive director of 8 the New York state coalition against sexual assault. 9 (c) The advisory council shall meet as often as deemed necessary by 10 the chair but in no event less than two times per year. 11 (d) The members of the advisory council shall receive no salary or 12 other compensation for their services but shall be entitled to 13 reimbursement for actual and necessary expenses incurred in the perform- 14 ance of their duties within amounts made available by appropriation 15 therefor subject to the approval of the director of the budget. The 16 ex-officio members of the advisory council shall receive no additional 17 compensation for their services on the advisory council above the salary 18 they receive from the respective departments or divisions that employ 19 them. 20 [5.] 6. Executive director. (a) The governor shall appoint an execu- 21 tive director of the office who shall serve at the pleasure of the 22 governor. 23 (b) The executive director shall receive an annual salary fixed by the 24 governor within the amounts appropriated specifically therefor and shall 25 be entitled to reimbursement for reasonable expenses incurred in 26 connection with the performance of the director's duties. 27 (c) The director of the office, with the approval of the governor, may 28 accept as agent of the state any grant, including federal grants, or any 29 gift or donation for any of the purposes of this article. Any moneys so 30 received may be expended by the office to effectuate any purpose of this 31 article, subject to the applicable provisions of the state finance law. 32 (d) The executive director shall appoint staff and perform such other 33 functions to ensure the efficient operation of the office. 34 [6.] 7. Assistance of other agencies. The office may request and shall 35 receive in a timely manner from any department, division, board, bureau, 36 commission or agency of the state, such information and assistance as 37 shall enable it to properly carry out its powers and duties pursuant to 38 this article. 39 [7. Model domestic violence policy for counties. (a) The office shall 40 convene a task force of county level municipal officials, municipal 41 police and members of the judiciary, or their representatives, and 42 directors of domestic violence programs, including representatives from 43 a statewide advocacy organization for the prevention of domestic 44 violence, to develop a model domestic violence policy for counties. For 45 the purposes of this subdivision, "county" shall have the same meaning 46 as such term is defined in section three of the county law, except that 47 the city of New York shall be deemed to be one county. The office shall 48 give due consideration to the recommendations of the governor, the 49 temporary president of the senate and the speaker of the assembly for 50 participation by any person on the task force, and shall make reasonable 51 efforts to assure regional balance in membership. 52 (b) The purpose of the model policy shall be to provide consistency 53 and coordination by and between county agencies and departments, includ- 54 ing criminal justice agencies and the judiciary, and, as appropriate, by 55 municipalities or other jurisdictions within the county and other 56 governmental agencies and departments, by assuring that best practices,
A. 1965 6 1 policies, protocols and procedures are used to address the issue of 2 domestic violence, and to secure the safety of the victim including, but 3 not limited to: 4 (i) response, investigation and arrest policies by police agencies; 5 (ii) response by other criminal justice agencies, including disposi- 6 tion of domestic violence complaints, the provision of information and 7 orders of protection; 8 (iii) response by human services and health agencies, including iden- 9 tification, assessment, intervention and referral policies and responses 10 to victims and the perpetrators of domestic violence; 11 (iv) training and appropriate and relevant measures for periodic eval- 12 uation of community efforts; and 13 (v) other issues as shall be appropriate and relevant for the task 14 force to develop such policy. 15 (c) Such model policy shall be reviewed by the task force to assure 16 consistency with existing law and shall be made the subject of public 17 hearings convened by the office throughout the state at places and at 18 times which are convenient for attendance by the public, after which the 19 policy shall be reviewed by the task force and amended as necessary to 20 reflect concerns raised at the hearings. If approved by the task force, 21 such model policy shall be provided as approved with explanation of its 22 provisions to the governor and the legislature not later than two years 23 after the effective date of this subdivision. Notification of the avail- 24 ability of such model domestic violence policy shall be made by the 25 office to every county in the state, and copies of the policy shall be 26 made available to them upon request. 27 (d) The office in consultation with the task force, providers of 28 service, the advisory council and others, including representatives of a 29 statewide advocacy organization for the prevention domestic violence, 30 shall provide technical support, information and encouragement to coun- 31 ties to implement the provisions of the model policy on domestic 32 violence. 33 (e) Nothing contained in this subdivision shall be deemed to prevent 34 the governing body of a county from designating a local advisory commit- 35 tee to investigate the issues, work with providers of domestic violence 36 programs and other interested parties, and to aid in the implementation 37 of the policy required by this subdivision. Such governing body or advi- 38 sory committee may request and shall receive technical assistance from 39 the office for the development of such a policy. Implementation of the 40 model domestic violence policy may take place in a form considered 41 appropriate by the governing body of a county, including guidelines, 42 regulations and local laws. 43 (f) The office shall survey county governments within four years of 44 the effective date of this subdivision to determine the level of compli- 45 ance with the model domestic violence policy, and shall take such steps 46 as shall be necessary to aid county governments in the implementation of 47 such policy.] 48 8. State domestic violence policy. [(a) The office shall survey every 49 state agency to determine any activities, programs, rules, regulations, 50 guidelines or statutory requirements that have a direct or indirect 51 bearing on the state's efforts and abilities to address the issue of 52 domestic violence including, but not limited to, the provision of 53 services to victims and their families. Within two years of the effec- 54 tive date of this subdivision, the office shall compile such information 55 and provide a report, with appropriate comments and recommendations, to 56 the governor and the legislature. For the purposes of this subdivision,
A. 1965 7 1 "state agency" shall have the same meaning as such term is defined in 2 section two-a of the state finance law. 3 (b) Within three years of the effective date of this subdivision the 4 office shall recommend a state domestic violence policy consistent with 5 statute and best practice, policies, procedures and protocols to the 6 governor and the legislature. The purpose of such model policy shall be 7 to provide consistency and coordination by and between state agencies 8 and departments to address the issue of domestic violence. In developing 9 such model policy, the office shall consult with a statewide advocacy 10 organization for the prevention of domestic violence, and shall assure 11 that the advisory council reviews all data and recommendations and shall 12 not submit such model policy until approved by the advisory council. 13 Such recommendations shall be provided exclusive of any study or report 14 the office is required to undertake pursuant to a chapter of the laws of 15 nineteen hundred ninety-four, entitled "the family protection and domes- 16 tic violence intervention act of 1994". 17 (c)] No state agency shall promulgate a rule pursuant to the state 18 administrative procedure act, or adopt a guideline or other procedure, 19 including a request for proposals, directly or indirectly affecting the 20 provision of services to victims of domestic and gender-based violence, 21 or the provision of services by residential or non-residential domestic 22 violence programs, as such terms are defined in section four hundred 23 fifty-nine-a of the social services law, or establish a grant program 24 directly or indirectly affecting such victims of domestic or gender- 25 based violence or providers of service, without first consulting the 26 office, which shall provide all comments in response to such rules, 27 guidelines or procedures in writing directly to the chief executive 28 officer of such agency, to the administrative regulations review commit- 29 tee and to the appropriate committees of the legislature having juris- 30 diction of the subject matter addressed within two weeks of receipt 31 thereof, provided that failure of the office to respond as required 32 herein shall not otherwise impair the ability of such state agency to 33 promulgate a rule. This paragraph shall not apply to an appropriation 34 which finances a contract with a not-for-profit organization which has 35 been identified for a state agency without the use of a request for 36 proposals. 37 9. [Model domestic violence employee awareness and assistance policy. 38 (a) The office shall convene a task force including members of the busi- 39 ness community, employees, employee organizations, representatives from 40 the department of labor and the empire state development corporation, 41 and directors of domestic violence programs, including representatives 42 of statewide advocacy organizations for the prevention of domestic 43 violence, to develop a model domestic violence employee awareness and 44 assistance policy for businesses. 45 The office shall give due consideration to the recommendations of the 46 governor, the temporary president of the senate, and the speaker of the 47 assembly for participation by any person on the task force, and shall 48 make reasonable efforts to assure regional balance in membership. 49 (b) The purpose of the model employee awareness and assistance policy 50 shall be to provide businesses with the best practices, policies, proto- 51 cols and procedures in order that they ascertain domestic violence 52 awareness in the workplace, assist affected employees, and provide a 53 safe and helpful working environment for employees currently or poten- 54 tially experiencing the effects of domestic violence. The model plan 55 shall include but not be limited to:
A. 1965 8 1 (i) the establishment of a definite corporate policy statement recog- 2 nizing domestic violence as a workplace issue as well as promoting the 3 need to maintain job security for those employees currently involved in 4 domestic violence disputes; 5 (ii) policy and service publication requirements, including posting 6 said policies and service availability pamphlets in break rooms, on 7 bulletin boards, restrooms and other communication methods; 8 (iii) a listing of current domestic violence community resources such 9 as shelters, crisis intervention programs, counseling and case manage- 10 ment programs, legal assistance and advocacy opportunities for affected 11 employees; 12 (iv) measures to ensure workplace safety including, where appropriate, 13 designated parking areas, escort services and other affirmative safe- 14 guards; 15 (v) training programs and protocols designed to educate employees and 16 managers in how to recognize, approach and assist employees experiencing 17 domestic violence, including both victims and batterers; and 18 (vi) other issues as shall be appropriate and relevant for the task 19 force in developing such model policy. 20 (c) Such model policy shall be reviewed by the task force to assure 21 consistency with existing law and shall be made the subject of public 22 hearings convened by the office throughout the state at places and at 23 times which are convenient for attendance by the public, after which the 24 policy shall be reviewed by the task force and amended as necessary to 25 reflect concerns raised at the hearings. If approved by the task force, 26 such model policy shall be provided as approved with explanation of its 27 provisions to the governor and the legislature not later than one year 28 after the effective date of this subdivision. The office shall make 29 every effort to notify businesses of the availability of such model 30 domestic violence employee awareness and assistance policy. 31 (d) The office in consultation with the task force, providers of 32 services, the advisory council, the department of labor, the empire 33 state development corporation, and representatives of statewide advocacy 34 organizations for the prevention of domestic violence, shall provide 35 technical support, information, and encouragement to businesses to 36 implement the provisions of the model domestic violence employee aware- 37 ness and assistance policy. 38 (e) Nothing contained in this subdivision shall be deemed to prevent 39 businesses from adopting their own domestic violence employee awareness 40 and assistance policy. 41 (f) The office shall survey businesses within four years of the effec- 42 tive date of this section to determine the level of model policy 43 adoption amongst businesses and shall take steps necessary to promote 44 the further adoption of such policy. 45 10.] Fatality review team. (a) There shall be established within the 46 office a fatality review team for the purpose of analyzing, in conjunc- 47 tion with local representation, the domestic violence-related death or 48 near death of individuals, with the goal of: 49 (i) examining the trends and patterns of domestic violence-related 50 fatalities in New York state; 51 (ii) educating the public, service providers, and policymakers about 52 domestic violence fatalities and strategies for intervention and 53 prevention; and 54 (iii) recommending policies, practices, procedures, and services to 55 reduce fatalities due to domestic violence.
A. 1965 9 1 (b) A domestic violence-related death or near death shall mean any 2 death or near death caused by a family or household member as defined in 3 section eight hundred twelve of the family court act or section 530.11 4 of the criminal procedure law, except that there shall be no review of 5 the death or near death of a child for those cases in which the office 6 of children and family services is required to issue a fatality report 7 in accordance with subdivision five of section twenty of the social 8 services law. 9 (c) The team shall review deaths or near deaths in cases that have 10 been adjudicated and have received a final judgment and that are not 11 under investigation. 12 (d) Members of a domestic violence fatality review team shall be 13 appointed by the executive director[, in consultation with the advisory 14 council,] and shall include, but not be limited to, one representative 15 from the office of children and family services, the office of temporary 16 and disability assistance, the division of criminal justice services, 17 the state police, the department of health, the office of court adminis- 18 tration, the office of probation and correctional alternatives, the 19 department of corrections and community supervision, the office of 20 victim services, at least one representative from local law enforcement, 21 a county prosecutor's office, a local social services district, a member 22 of the judiciary, and a domestic violence services program approved by 23 the office of children and family services. A domestic violence fatality 24 review team may also include representatives from sexual assault 25 services programs, public health, mental health and substance abuse 26 agencies, hospitals, clergy, local school districts, local divisions of 27 probation, local offices of the department of corrections and community 28 supervision, the office of the medical examiner or coroner, any local 29 domestic violence task force, coordinating council or other interagency 30 entity that meets regularly to support a coordinated community response 31 to domestic violence, any other program that provides services to domes- 32 tic violence victims, or any other person necessary to the work of the 33 team, including survivors of domestic violence. 34 (e) The team shall identify potential cases and shall select which 35 deaths or near deaths will be reviewed each year. Localities may request 36 that the team conduct a review of a particular death or near death. 37 (f) The team shall work with officials and organizations within the 38 community where the death or near death occurred to conduct each review. 39 (g) Team members shall serve without compensation but are entitled to 40 be reimbursed for travel expenses to the localities where a fatality 41 review will be conducted and members who are full-time salaried officers 42 or employees of the state or of any political subdivision of the state 43 are entitled to their regular compensation. 44 (h) To the extent consistent with federal law, upon request the team 45 shall be provided client-identifiable information and records necessary 46 for the investigation of a domestic violence-related death or near death 47 incident, including, but not limited to: 48 (i) records maintained by a local social services district; 49 (ii) law enforcement records, except where the provision of such 50 records would interfere with an ongoing law enforcement investigation or 51 identify a confidential source or endanger the safety or welfare of an 52 individual; 53 (iii) court records; 54 (iv) probation and parole records; 55 (v) records from domestic violence residential or non-residential 56 programs;
A. 1965 10 1 (vi) records from any relevant service provider, program or organiza- 2 tion; and 3 (vii) all other relevant records in the possession of state and local 4 officials or agencies provided, however, no official or agency shall be 5 required to provide information or records concerning a person charged, 6 investigated or convicted in such death or near death in violation of 7 such person's attorney-client privilege. 8 (i) Any information or records otherwise sealed, confidential and 9 privileged in accordance with state law which are provided to the team 10 shall remain sealed, confidential, and privileged as otherwise provided 11 by law. All records received, meetings conducted, reports and records 12 made and maintained and all books and papers obtained by the team shall 13 be confidential and shall not be open or made available, except by court 14 order or as set forth in paragraphs (k) and (l) of this subdivision. 15 (j) Any person who releases or permits the release of any information 16 protected under paragraph (i) of this subdivision to persons or agencies 17 not authorized to receive such information shall be guilty of a class A 18 misdemeanor. 19 (k) Team members and persons who present information to the team shall 20 not be questioned in any civil or criminal proceeding regarding any 21 opinions formed as a result of a meeting of the team. Nothing in this 22 section shall be construed to prevent a person from testifying as to 23 information which is obtained independently of the team or information 24 which is public. 25 (l) Team members are not liable for damages or other relief in any 26 action brought by reason of the reasonable and good faith performance of 27 a duty, function, or activity of the team. 28 (m) Consistent with all federal and state confidentiality protections, 29 the team may provide recommendations to any individual or entity for 30 appropriate actions to improve a community's response to domestic 31 violence. 32 (n) The team shall periodically submit a cumulative report to the 33 governor and the legislature incorporating the aggregate data and a 34 summary of the general findings and recommendations resulting from the 35 domestic violence fatality reviews completed pursuant to this subdivi- 36 sion. The cumulative report shall thereafter be made available to the 37 public, consistent with federal and state confidentiality protections. 38 § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as 39 amended by chapter 663 of the laws of 2019, is amended to read as 40 follows: 41 6. Notice. Every police officer, peace officer or district attorney 42 investigating a family offense under this article shall advise the 43 victim of the availability of a shelter or other services in the commu- 44 nity, and shall immediately give the victim written notice of the legal 45 rights and remedies available to a victim of a family offense under the 46 relevant provisions of this chapter and the family court act. Such 47 notice shall be prepared, at minimum, in plain English, Spanish, Chinese 48 and Russian and if necessary, shall be delivered orally, and shall 49 include but not be limited to the information contained in the following 50 statement: 51 "Are you the victim of domestic violence? If you need help now, you 52 can call 911 for the police to come to you. You can also call a domestic 53 violence hotline. You can have a confidential talk with an advocate at 54 the hotline about help you can get in your community including: where 55 you can get treatment for injuries, where you can get shelter, where you 56 can get support, and what you can do to be safe. The New York State
A. 1965 11 1 24-hour Domestic & Sexual Violence Hotline number is (insert the state- 2 wide multilingual 800 number). They can give you information in many 3 languages. If you are deaf or hard of hearing, call 711. 4 This is what the police can do: 5 They can help you and your children find a safe place such as a family 6 or friend's house or a shelter in your community. 7 You can ask the officer to take you or help you and your children get 8 to a safe place in your community. 9 They can help connect you to a local domestic violence program. 10 They can help you get to a hospital or clinic for medical care. 11 They can help you get your personal belongings. 12 They must complete a report discussing the incident. They will give 13 you a copy of this police report before they leave the scene. It is 14 free. 15 They may, and sometimes must, arrest the person who harmed you if you 16 are the victim of a crime. The person arrested could be released at any 17 time, so it is important to plan for your safety. 18 If you have been abused or threatened, this is what you can ask the 19 police or district attorney to do: 20 File a criminal complaint against the person who harmed you. 21 Ask the criminal court to issue an order of protection for you and 22 your child if the district attorney files a criminal case with the 23 court. 24 Give you information about filing a family offense petition in your 25 local family court. 26 You also have the right to ask the family court for an order of 27 protection for you and your children. 28 This is what you can ask the family court to do: 29 To have your family offense petition filed the same day you go to 30 court. 31 To have your request heard in court the same day you file or the next 32 day court is open. 33 Only a judge can issue an order of protection. The judge does that as 34 part of a criminal or family court case against the person who harmed 35 you. An order of protection in family court or in criminal court can 36 say: 37 That the other person have no contact or communication with you by 38 mail, phone, computer or through other people. 39 That the other person stay away from you and your children, your home, 40 job or school. 41 That the other person not assault, harass, threaten, strangle, or 42 commit another family offense against you or your children. 43 That the other person turn in their firearms and firearms licenses, 44 and not get any more firearms. 45 That you have temporary custody of your children. 46 That the other person pay temporary child support. 47 That the other person not harm your pets or service animals. 48 If the family court is closed because it is night, a weekend, or a 49 holiday, you can go to a criminal court to ask for an order of 50 protection. 51 If you do not speak English or cannot speak it well, you can ask the 52 police, the district attorney, or the criminal or family court to get 53 you an interpreter who speaks your language. The interpreter can help 54 you explain what happened.
A. 1965 12 1 You can get the forms you need to ask for an order of protection at 2 your local family court (insert addresses and contact information for 3 courts). You can also get them online: www.NYCourts.gov/forms. 4 You do not need a lawyer to ask for an order of protection. 5 You have a right to get a lawyer in the family court. If the family 6 court finds that you cannot afford to pay for a lawyer, it must get you 7 one for free. 8 If you file a complaint or family court petition, you will be asked to 9 swear to its truthfulness because it is a crime to file a legal document 10 that you know is false." 11 The division of criminal justice services in consultation with the 12 state office [for the prevention of] to end domestic and gender-based 13 violence shall prepare the form of such written notice consistent with 14 provisions of this section and distribute copies thereof to the appro- 15 priate law enforcement officials pursuant to subdivision nine of section 16 eight hundred forty-one of the executive law. 17 Additionally, copies of such notice shall be provided to the chief 18 administrator of the courts to be distributed to victims of family 19 offenses through the criminal court at such time as such persons first 20 come before the court and to the state department of health for distrib- 21 ution to all hospitals defined under article twenty-eight of the public 22 health law. No cause of action for damages shall arise in favor of any 23 person by reason of any failure to comply with the provisions of this 24 subdivision except upon a showing of gross negligence or willful miscon- 25 duct. 26 § 4. Section 214-b of the executive law, as amended by chapter 432 of 27 the laws of 2015, is amended to read as follows: 28 § 214-b. Family offense intervention. The superintendent shall, for 29 all members of the state police including new and veteran officers, 30 develop, maintain and disseminate, in consultation with the state office 31 [for the prevention of] to end domestic and gender-based violence, writ- 32 ten policies and procedures consistent with article eight of the family 33 court act and applicable provisions of the criminal procedure and domes- 34 tic relations laws, regarding the investigation of and intervention in 35 incidents of family offenses. Such policies and procedures shall make 36 provision for education and training in the interpretation and enforce- 37 ment of New York's family offense laws, including but not limited to: 38 (a) intake and recording of victim statements, and the prompt trans- 39 lation of such statements if made in a language other than English, in 40 accordance with subdivision (c) of this section, on a standardized 41 "domestic violence incident report form" promulgated by the state divi- 42 sion of criminal justice services in consultation with the superinten- 43 dent and with the state office [for the prevention of] to end domestic 44 and gender-based violence, and the investigation thereof so as to ascer- 45 tain whether a crime has been committed against the victim by a member 46 of the victim's family or household as such terms are defined in section 47 eight hundred twelve of the family court act and section 530.11 of the 48 criminal procedure law; 49 (b) the need for immediate intervention in family offenses including 50 the arrest and detention of alleged offenders, pursuant to subdivision 51 four of section 140.10 of the criminal procedure law, and notifying 52 victims of their rights, in their native language, if identified as 53 other than English, in accordance with subdivision (c) of this section, 54 including but not limited to immediately providing the victim with the 55 written notice provided in subdivision six of section 530.11 of the
A. 1965 13 1 criminal procedure law and subdivision five of section eight hundred 2 twelve of the family court act. 3 (c) The superintendent, in consultation with the division of criminal 4 justice services and the office [for the prevention of] to end domestic 5 and gender-based violence shall determine the languages in which such 6 translation required by subdivision (a) of this section, and the notifi- 7 cation required pursuant to subdivision (b) of this section, shall be 8 provided. Such determination shall be based on the size of the New York 9 state population that speaks each language and any other relevant 10 factor. Such written notice required pursuant to subdivision (b) of this 11 section shall be made available to all state police officers in the 12 state. 13 § 5. Subdivision 1 of section 221-a of the executive law, as amended 14 by chapter 492 of the laws of 2015, is amended to read as follows: 15 1. The superintendent, in consultation with the division of criminal 16 justice services, office of court administration, and the office [for 17 the prevention of] to end domestic and gender-based violence, shall 18 develop a comprehensive plan for the establishment and maintenance of a 19 statewide computerized registry of all orders of protection issued 20 pursuant to articles four, five, six, eight and ten of the family court 21 act, section 530.12 of the criminal procedure law and, insofar as they 22 involve victims of domestic violence as defined by section four hundred 23 fifty-nine-a of the social services law, section 530.13 of the criminal 24 procedure law and sections two hundred forty and two hundred fifty-two 25 of the domestic relations law, and orders of protection issued by courts 26 of competent jurisdiction in another state, territorial or tribal juris- 27 diction, special orders of conditions issued pursuant to subparagraph 28 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the 29 criminal procedure law insofar as they involve a victim or victims of 30 domestic violence as defined by subdivision one of section four hundred 31 fifty-nine-a of the social services law or a designated witness or 32 witnesses to such domestic violence, and all warrants issued pursuant to 33 sections one hundred fifty-three and eight hundred twenty-seven of the 34 family court act, and arrest and bench warrants as defined in subdivi- 35 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi- 36 nal procedure law, insofar as such warrants pertain to orders of 37 protection or temporary orders of protection; provided, however, that 38 warrants issued pursuant to section one hundred fifty-three of the fami- 39 ly court act pertaining to articles three and seven of such act and 40 section 530.13 of the criminal procedure law shall not be included in 41 the registry. The superintendent shall establish and maintain such 42 registry for the purposes of ascertaining the existence of orders of 43 protection, temporary orders of protection, warrants and special orders 44 of conditions, and for enforcing the provisions of paragraph (b) of 45 subdivision four of section 140.10 of the criminal procedure law. 46 § 6. Subdivision 1 of section 221-a of the executive law, as amended 47 by chapter 427 of the laws of 2024, is amended to read as follows: 48 1. The superintendent, in consultation with the division of criminal 49 justice services, office of court administration, and the office [for 50 the prevention of] to end domestic and gender-based violence, shall 51 develop a comprehensive plan for the establishment and maintenance of a 52 statewide computerized registry of all orders of protection issued 53 pursuant to articles four, five, six, eight and ten of the family court 54 act, section 530.12 of the criminal procedure law and, insofar as they 55 involve victims of domestic violence as defined by section four hundred 56 fifty-nine-a of the social services law, section 530.13 of the criminal
A. 1965 14 1 procedure law and sections two hundred forty and two hundred fifty-two 2 of the domestic relations law, extreme risk protection orders issued 3 pursuant to article sixty-three-A of the civil practice law and rules, 4 and orders of protection issued by courts of competent jurisdiction in 5 another state, territorial or tribal jurisdiction, special orders of 6 conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) 7 of subdivision one of section 330.20 of the criminal procedure law inso- 8 far as they involve a victim or victims of domestic violence as defined 9 by subdivision one of section four hundred fifty-nine-a of the social 10 services law or a designated witness or witnesses to such domestic 11 violence, and all warrants issued pursuant to sections one hundred 12 fifty-three and eight hundred twenty-seven of the family court act, and 13 arrest and bench warrants as defined in subdivisions twenty-eight, twen- 14 ty-nine and thirty of section 1.20 of the criminal procedure law, inso- 15 far as such warrants pertain to orders of protection or temporary orders 16 of protection; provided, however, that warrants issued pursuant to 17 section one hundred fifty-three of the family court act pertaining to 18 articles three and seven of such act and section 530.13 of the criminal 19 procedure law shall not be included in the registry. The superintendent 20 shall establish and maintain such registry for the purposes of ascer- 21 taining the existence of orders of protection, temporary orders of 22 protection, warrants and special orders of conditions, and for enforcing 23 the provisions of paragraph (b) of subdivision four of section 140.10 of 24 the criminal procedure law. 25 § 7. The opening paragraph of subdivision 15 of section 837 of the 26 executive law, as amended by chapter 432 of the laws of 2015, is amended 27 to read as follows: 28 Promulgate, in consultation with the superintendent of state police 29 and the state office [for the prevention of] to end domestic and 30 gender-based violence, and in accordance with paragraph (f) of subdivi- 31 sion three of section eight hundred forty of this article, a standard- 32 ized "domestic violence incident report form" for use by state and local 33 law enforcement agencies in the reporting, recording and investigation 34 of all alleged incidents of domestic violence, regardless of whether an 35 arrest is made as a result of such investigation. Such form shall be 36 prepared in multiple parts, one of which shall be immediately provided 37 to the victim, and shall include designated spaces for: the recordation 38 of the results of the investigation by the law enforcement agency and 39 the basis for any action taken; the recordation of a victim's allega- 40 tions of domestic violence; the age and gender of the victim and the 41 alleged offender or offenders; and immediately thereunder a space on 42 which the victim may sign and verify such victim's allegations. Such 43 form shall also include, but not be limited to spaces to identify: 44 § 8. Paragraph (f) of subdivision 3 of section 840 of the executive 45 law, as amended by chapter 432 of the laws of 2015, is amended to read 46 as follows: 47 (f) Develop, maintain and disseminate, in consultation with the state 48 office [for the prevention of] to end domestic and gender-based 49 violence, written policies and procedures consistent with article eight 50 of the family court act and applicable provisions of the criminal proce- 51 dure and domestic relations laws, regarding the investigation of and 52 intervention by new and veteran police officers in incidents of family 53 offenses. Such policies and procedures shall make provisions for educa- 54 tion and training in the interpretation and enforcement of New York's 55 family offense laws, including but not limited to:
A. 1965 15 1 (1) intake and recording of victim statements, and the prompt trans- 2 lation of such statements if made in a language other than English, in 3 accordance with subparagraph three of this paragraph, on a standardized 4 "domestic violence incident report form" promulgated by the division of 5 criminal justice services in consultation with the superintendent of 6 state police, representatives of local police forces and the state 7 office [for the prevention of] to end domestic and gender-based 8 violence, and the investigation thereof so as to ascertain whether a 9 crime has been committed against the victim by a member of the victim's 10 family or household as such terms are defined in section eight hundred 11 twelve of the family court act and section 530.11 of the criminal proce- 12 dure law; and 13 (2) the need for immediate intervention in family offenses including 14 the arrest and detention of alleged offenders, pursuant to subdivision 15 four of section 140.10 of the criminal procedure law, and notifying 16 victims of their rights, in their native language, if identified as 17 other than English, in accordance with subparagraph three of this para- 18 graph, including but not limited to immediately providing the victim 19 with the written notice required in subdivision six of section 530.11 of 20 the criminal procedure law and subdivision five of section eight hundred 21 twelve of the family court act; 22 (3) determine, in consultation with the superintendent of state police 23 and the office [for the prevention of] to end domestic and gender-based 24 violence, the languages in which such translation required by subpara- 25 graph one of this paragraph, and the notification required by subpara- 26 graph two of this paragraph, shall be provided. Such determination shall 27 be based on the size of the New York state population that speaks each 28 language and any other relevant factor. Such written notice required 29 pursuant to subparagraph two of this paragraph shall be made available 30 to all local law enforcement agencies throughout the state. Nothing in 31 this paragraph shall prevent the council from using the determinations 32 made by the superintendent of state police pursuant to subdivision (c) 33 of section two hundred fourteen-b of this chapter; 34 § 9. The opening paragraph of paragraph 2 of subdivision (b) of 35 section 153-c of the family court act, as added by chapter 367 of the 36 laws of 2015, is amended to read as follows: 37 A plan for a pilot program pursuant to this section shall be developed 38 by the chief administrator of the courts or [his or her] such chief 39 administrator's delegate in consultation with one or more local programs 40 providing assistance to victims of domestic violence, the office [for 41 the prevention of] to end domestic and gender-based violence, and attor- 42 neys who represent family offense petitions. The plan shall include, but 43 is not limited to: 44 § 10. Paragraph 2 of subdivision (a) of section 249-b of the family 45 court act, as added by chapter 476 of the laws of 2009, is amended to 46 read as follows: 47 2. provide for the development of training programs with the input of 48 and in consultation with the state office [for the prevention of] to end 49 domestic and gender-based violence. Such training programs must include 50 the dynamics of domestic violence and its effect on victims and on chil- 51 dren, and the relationship between such dynamics and the issues consid- 52 ered by the court, including, but not limited to, custody, visitation 53 and child support. Such training programs along with the providers of 54 such training must be approved by the office of court administration 55 following consultation with and input from the state office [for the 56 prevention of] to end domestic and gender-based violence; and
A. 1965 16 1 § 11. The closing paragraph of subdivision 5 of section 812 of the 2 family court act, as amended by chapter 663 of the laws of 2019, is 3 amended to read as follows: 4 The division of criminal justice services in consultation with the 5 state office [for the prevention of] to end domestic and gender-based 6 violence shall prepare the form of such written notice consistent with 7 the provisions of this section and distribute copies thereof to the 8 appropriate law enforcement officials pursuant to subdivision nine of 9 section eight hundred forty-one of the executive law. Additionally, 10 copies of such notice shall be provided to the chief administrator of 11 the courts to be distributed to victims of family offenses through the 12 family court at such time as such persons first come before the court 13 and to the state department of health for distribution to all hospitals 14 defined under article twenty-eight of the public health law. No cause of 15 action for damages shall arise in favor of any person by reason of any 16 failure to comply with the provisions of this subdivision except upon a 17 showing of gross negligence or willful misconduct. 18 § 12. Subdivision 3 of section 403 of the general business law, as 19 amended by chapter 715 of the laws of 2019, is amended to read as 20 follows: 21 3. The advisory committee shall advise the secretary on all matters 22 relating to this article, and on such other matters as the secretary 23 shall request. In advising the secretary on matters concerning profes- 24 sional education or curriculum, inclusive of the maintenance of cultural 25 and ethnic awareness within the prescribed curriculum in regard to hair 26 types, including, but not limited to, curl pattern, hair strand thick- 27 ness, and volume of hair, the advisory committee shall, to the extent 28 practicable, consult with the state education department. The advisory 29 committee is directed, in consultation with the department of state, the 30 New York state office [for the prevention of] to end domestic and 31 gender-based violence and an advocacy group recognized by the federal 32 department of health and human services, which has the ability to coor- 33 dinate statewide and with local communities on programming and educa- 34 tional materials related to the prevention and intervention of domestic 35 violence in New York state, to develop, provide for and integrate aware- 36 ness training on domestic violence and sexual assault for all prospec- 37 tive students seeking to be licensed under this article. Further, on a 38 voluntary basis for those seeking to renew their license as provided for 39 in this article to develop and provide access to educational material 40 for domestic violence and sexual assault awareness. 41 § 13. Section 408-b of the general business law, as amended by chapter 42 71 of the laws of 2020, is amended to read as follows: 43 § 408-b. Domestic violence and sexual assault awareness education. The 44 department shall ensure that domestic violence and sexual assault aware- 45 ness education courses are made available to all licensees and appli- 46 cants for a license or renewal pursuant to this article and that such 47 courses are offered through the department's website. The department, in 48 consultation with the office [for the prevention of] to end domestic and 49 gender-based violence and advocacy groups recognized by the federal 50 department of health and human services or the federal department of 51 justice, which have the ability to coordinate statewide and with local 52 communities on programming and educational materials related to the 53 prevention and intervention of domestic violence or sexual assault in 54 New York state, shall develop and provide access to domestic violence 55 and sexual assault awareness education courses appropriate for those 56 licensed under this article.
A. 1965 17 1 § 14. Subsections (f) and (g) and paragraph 8 of subsection (h) of 2 section 2612 of the insurance law, subsections (f) and (g) as amended by 3 chapter 579 of the laws of 2022, and paragraph 8 of subsection (h) as 4 added by section 2 of part E of chapter 491 of the laws of 2012, are 5 amended to read as follows: 6 (f) If any person covered by an insurance policy issued to another 7 person as the policyholder delivers to the insurer that issued the poli- 8 cy, at its home office, a valid order of protection against the policy- 9 holder, issued by a court of competent jurisdiction in this state, or, 10 except where the insurance policy was issued by a health insurer as 11 defined in subparagraph (B) of paragraph [(1)] one of subsection (h) of 12 this section, a request to designate an alternative mailing address, 13 telephone number or method of contact for the purpose of receiving claim 14 related information if the person states that disclosure of all or part 15 of the claim related information could endanger the person, the insurer 16 shall be prohibited for the duration of the order, or until the request 17 designating an alternative mailing address, telephone number or other 18 method of contact is cancelled by the requesting person in writing, from 19 disclosing to the policyholder the address, telephone number or other 20 method of contact for the insured, or for any person or entity providing 21 covered services to the insured, any personally identifying information 22 of the insured, or the nature of the covered services provided to the 23 insured, or from mailing, delivering, or otherwise providing claim 24 related information to any mailing address, telephone number, or other 25 method of contact other than as designated by the requesting person 26 pursuant to this subsection. If a child is the covered person, the right 27 established by this subsection may be asserted by, and shall also extend 28 to, the parent or guardian of the child. An insurer may require a person 29 making a request to designate an alternative mailing address, telephone 30 number or other method of contact pursuant to this subsection to: make 31 the request in writing; include in the request a statement that disclo- 32 sure of all or part of the claim related information to which the 33 request pertains could endanger the person or child; and specify an 34 alternative mailing address, telephone number, or other method of 35 contact. For the purpose of this subsection, "claim related information" 36 means all claim or billing information relating specifically to an 37 insured or person covered by an insurance policy issued by an insurer 38 other than a health insurer as defined in subparagraph (B) of paragraph 39 [(1)] one of subsection (h) of this section. The superintendent, in 40 consultation with the commissioner of health and the office of children 41 and family services and the office [for the prevention of] to end domes- 42 tic and gender-based violence, shall promulgate rules to guide and 43 enable insurers to guard against the disclosure of the address and 44 location of an insured who is a victim of domestic violence. 45 (g) If any person covered by a group insurance policy delivers to the 46 insurer that issued the policy, at its home office, (i) a valid order of 47 protection against another person covered by the group policy, issued by 48 a court of competent jurisdiction in this state, or, except where the 49 insurance policy was issued by a health insurer as defined in subpara- 50 graph (B) of paragraph [(1)] one of subsection (h) of this section, a 51 request to designate an alternative mailing address, telephone number or 52 other method of contact for the purpose of receiving claim related 53 information if the person states that disclosure of all or part of the 54 claim related information could endanger the person, the insurer shall 55 be prohibited for the duration of the order, or until the request desig- 56 nating an alternative mailing address, telephone number or other method
A. 1965 18 1 of contact is cancelled by the requesting person in writing, from 2 disclosing to the person against whom a valid order of protection was 3 issued the address, telephone number or other method of contact for the 4 insured person covered by the order of protection or for any person or 5 entity providing covered services to the insured person covered by the 6 order of protection, any personally identifying information of the 7 insured, or the nature of the covered services provided to the insured, 8 or from mailing, delivering, or otherwise providing claim related infor- 9 mation to any mailing address, telephone number, or other method of 10 contact other than as designated by the requesting person pursuant to 11 this subsection. If a child is the covered person, the right established 12 by this subsection may be asserted by, and shall also extend to, the 13 parent or guardian of the child. An insurer may require a person making 14 a request to designate an alternative mailing address, telephone number 15 or other method of contact pursuant to this subsection to: make the 16 request in writing; include in the request a statement that disclosure 17 of all or part of the claim related information to which the request 18 pertains could endanger the person or child; and specify an alternative 19 mailing address, telephone number, or other method of contact. For the 20 purpose of this subsection, "claim related information" means all claim 21 or billing information relating specifically to an insured or person 22 covered by an insurance policy issued by an insurer other than a health 23 insurer as defined in subparagraph (B) of paragraph [(1)] one of 24 subsection (h) of this section. The superintendent, in consultation with 25 the commissioner of health, the office of children and family services 26 and the office [for the prevention of] to end domestic and gender-based 27 violence, shall promulgate rules to guide and enable insurers to guard 28 against the disclosure of the address and location of an insured who is 29 a victim of domestic violence. 30 (8) The superintendent, in consultation with the commissioner of 31 health, the office of children and family services and the office [for 32 the prevention of] to end domestic and gender-based violence, shall 33 promulgate rules to guide health insurers in guarding against the 34 disclosure of the information protected pursuant to this subsection. 35 § 15. Section 10-a of the labor law, as added by chapter 527 of the 36 laws of 1995, is amended to read as follows: 37 § 10-a. Domestic violence policy. The commissioner shall study the 38 issue of employees separated from employment due to acts of domestic 39 violence as referred to in and qualified by section four hundred fifty- 40 nine-a of the social services law. The commissioner shall consult with 41 the New York state office [for the prevention of] to end domestic and 42 gender-based violence and its advisory council, the department of social 43 services, the division of women and members of the public in preparing 44 such study. Such study shall include a review of case histories in 45 which unemployment compensation was sought and an analysis of the poli- 46 cies in other states. A copy of such study shall be transmitted to the 47 temporary president of the senate and the speaker of the assembly on or 48 before January fifteenth, nineteen hundred ninety-six and shall contain 49 policy recommendations. 50 § 16. Section 10-b of the labor law, as added by chapter 368 of the 51 laws of 1997, is amended to read as follows: 52 § 10-b. Domestic violence employee awareness and assistance. The 53 commissioner shall assist the office [for the prevention of] to end 54 domestic and gender-based violence in the creation, approval and dissem- 55 ination of the model domestic violence employee awareness and assistance 56 policy [as further defined in subdivision nine of section five hundred
A. 1965 19 1 seventy-five of the executive law. Upon completion and approval of the 2 model plan as outlined in subdivision nine of section five hundred 3 seventy-five of the executive law, the commissioner shall assist in the 4 promotion of the model policy to businesses in New York state]. 5 § 17. Section 2137 of the public health law, as added by chapter 163 6 of the laws of 1998, is amended to read as follows: 7 § 2137. Domestic violence recognition. The department shall, in 8 consultation with the office [for the prevention of] to end domestic and 9 gender-based violence and statewide organizations and community based 10 organizations, develop a protocol for the identification and screening 11 of victims of domestic violence who may either be a protected individual 12 or a contact as used in this title. 13 § 18. Subdivision 2 of section 2803-p of the public health law, as 14 added by chapter 271 of the laws of 1997, is amended to read as follows: 15 2. Every hospital having maternity and newborn services shall provide 16 information concerning family violence to parents of newborn infants at 17 any time prior to the discharge of the mother. Such information shall 18 also be provided by every diagnostic and treatment center offering 19 prenatal care services to women upon an initial prenatal care visit. 20 The commissioner shall, in consultation with the state office [for the 21 prevention of] to end domestic and gender-based violence and the depart- 22 ment of social services, prepare, produce and transmit such notice to 23 such facilities in quantities sufficient to comply with the requirements 24 of this section. Such notice shall contain information which shall 25 include but not be limited to the effects of family violence and the 26 services available to women and children experiencing family violence. 27 Such information shall be in clear and concise language readily 28 comprehensible. Nothing in this section shall preclude a facility from 29 providing the notice required by this section as an addendum to, or in 30 connection with, any other information required to be provided by any 31 other provision of law, rule or regulation. 32 § 19. Subdivision 3 of section 2805-z of the public health law, as 33 amended by chapter 37 of the laws of 2020, is amended to read as 34 follows: 35 3. The commissioner shall promulgate such rules and regulations as may 36 be necessary and proper to carry out effectively the provisions of this 37 section. Prior to promulgating such rules and regulations, the commis- 38 sioner shall consult with the office [for the prevention of] to end 39 domestic and gender-based violence and other such persons as the commis- 40 sioner deems necessary to develop a model policy for hospitals to 41 utilize in complying with this section and to identify the domestic 42 violence or victim assistance organizations operating in each hospital's 43 geographic area, a list of which the commissioner shall provide to 44 hospitals with the model policy. 45 § 20. The opening paragraph of subdivision (g) of section 17 of the 46 social services law, as added by chapter 280 of the laws of 2002, is 47 amended to read as follows: 48 require participation of all employees of a child protective service 49 in a training course which has been developed by the office [for the 50 prevention of] to end domestic and gender-based violence in conjunction 51 with the office of children and family services whose purpose is to 52 develop an understanding of the dynamics of domestic violence and its 53 connection to child abuse and neglect. Such course shall: 54 § 21. Subdivision 1 of section 111-v of the social services law, as 55 added by chapter 398 of the laws of 1997, is amended to read as follows:
A. 1965 20 1 1. The department, in consultation with appropriate agencies including 2 but not limited to the New York state office [for the prevention of] to 3 end domestic and gender-based violence, shall by regulation prescribe 4 and implement safeguards on the confidentiality, integrity, accuracy, 5 access, and the use of all confidential information and other data 6 handled or maintained, including data obtained pursuant to section one 7 hundred eleven-o of this article and including such information and data 8 maintained in the automated child support enforcement system. Such 9 information and data shall be maintained in a confidential manner 10 designed to protect the privacy rights of the parties and shall not be 11 disclosed except for the purpose of, and to the extent necessary to, 12 establish paternity, or establish, modify or enforce an order of 13 support. 14 § 22. Subdivisions 1, 2 and 3 of section 349-a of the social services 15 law, subdivisions 1 and 3 as added by section 36 of part B of chapter 16 436 of the laws of 1997 and subdivision 2 as amended by chapter 144 of 17 the laws of 2021, are amended to read as follows: 18 1. The department, after consultation with the office [for the 19 prevention of] to end domestic and gender-based violence and statewide 20 domestic violence advocacy groups, shall by regulation establish 21 requirements for social services districts to notify all applicants and, 22 upon recertification, recipients, of procedures for protection from 23 domestic violence and the availability of services. Such notice shall 24 inform applicants and recipients that the social services district will 25 make periodic inquiry regarding the existence of domestic violence 26 affecting the individual. Such notice shall also inform individuals 27 that response to these inquiries is voluntary and confidential; 28 provided, however, that information regarding neglect or abuse of chil- 29 dren will be reported to child protective services. 30 2. Such inquiry shall be performed utilizing a universal screening 31 form to be developed by the department after consultation with the 32 office [for the prevention of] to end domestic and gender-based violence 33 and statewide domestic violence advocacy groups. Such screening may be 34 conducted by telephone or other digital means at the request of the 35 applicant or recipient. An individual may request such screening at any 36 time, and any individual who at any time self identifies as a victim of 37 domestic or gender-based violence shall be afforded the opportunity for 38 such screening. 39 3. An individual indicating the presence of domestic violence, as a 40 result of such screening, shall be promptly referred to a domestic 41 violence liaison who meets training requirements established by the 42 department, after consultation with the office [for the prevention of] 43 to end domestic and gender-based violence and statewide domestic 44 violence advocacy groups. 45 § 23. The opening paragraph of subdivision 2 and the opening paragraph 46 of subdivision 3 of section 427-a of the social services law, as added 47 by chapter 452 of the laws of 2007, are amended to read as follows: 48 Any social services district interested in implementing a differential 49 response program shall apply to the office of children and family 50 services for permission to participate. The criteria for a social 51 services district to participate will be determined by the office of 52 children and family services after consultation with the office [for the 53 prevention of] to end domestic and gender-based violence, however the 54 social services district's application must include a plan setting forth 55 the following:
A. 1965 21 1 The criteria for determining which cases may be placed in the assess- 2 ment track shall be determined by the local department of social 3 services, in conjunction with the office of children and family services 4 and after consultation with the office [for the prevention of] to end 5 domestic and gender-based violence. Provided, however, that reports 6 including any of the following allegations shall not be included in the 7 assessment track of a differential response program: 8 § 24. Subdivision (a) of section 483-cc of the social services law, as 9 amended by chapter 368 of the laws of 2015, is amended to read as 10 follows: 11 (a) As soon as practicable after a first encounter with a person who 12 reasonably appears to a law enforcement agency, district attorney's 13 office, or an established provider of social or legal services desig- 14 nated by the office of temporary and disability assistance, the office 15 [for the prevention of] to end domestic and gender-based violence or the 16 office of victim services to be a human trafficking victim, that law 17 enforcement agency or district attorney's office shall notify the office 18 of temporary and disability assistance and the division of criminal 19 justice services that such person may be eligible for services under 20 this article or, in the case of an established provider of social or 21 legal services, shall notify the office of temporary and disability 22 assistance and the division of criminal justice services if such victim 23 consents to seeking services pursuant to this article. 24 § 25. Subdivision (a) of section 483-ee of the social services law, as 25 amended by chapter 496 of the laws of 2023, is amended to read as 26 follows: 27 (a) There is established an interagency task force on trafficking in 28 persons, which shall consist of the following members or their desig- 29 nees: (1) the commissioner of the division of criminal justice services; 30 (2) the commissioner of the office of temporary and disability assist- 31 ance; (3) the commissioner of health; (4) the commissioner of the office 32 of mental health; (5) the commissioner of labor; (6) the commissioner of 33 the office of children and family services; (7) the commissioner of the 34 office of addiction services and supports; (8) the director of the 35 office of victim services; (9) the executive director of the office [for 36 the prevention of] to end domestic and gender-based violence; (10) the 37 superintendent of the division of state police; (11) the secretary of 38 state; and the following additional members, who shall be promptly 39 appointed by the governor, each for a term of two years, provided that 40 such person's membership shall continue after such two year term until a 41 successor is appointed and provided, further, that a member may be reap- 42 pointed if again recommended in the manner specified in this subdivi- 43 sion[:]; (12) two members, who shall be appointed on the recommendation 44 of the temporary president of the senate; (13) two members, who shall be 45 appointed on the recommendation of the speaker of the assembly; (14) two 46 members, who shall be appointed on the recommendation of the not-for- 47 profit organization in New York state that receives the largest share of 48 funds, appropriated by and through the state budget, for providing 49 services to victims of human trafficking, as shall be identified annual- 50 ly in writing by the director of the budget; and (15) one member, who 51 shall be appointed on the recommendation of the president of the New 52 York state bar association; and others as may be necessary to carry out 53 the duties and responsibilities under this section. The task force will 54 be co-chaired by the commissioners of the division of criminal justice 55 services and the office of temporary and disability assistance, or their 56 designees. It shall meet as often as is necessary, but no less than
A. 1965 22 1 three times per year, and under circumstances as are appropriate to 2 fulfilling its duties under this section. All members shall be provided 3 with written notice reasonably in advance of each meeting with date, 4 time and location of such meeting. 5 § 26. Subdivision 3 of section 97-yyy of the state finance law, as 6 added by chapter 634 of the laws of 2002, is amended to read as follows: 7 3. Moneys of the fund, following appropriation by the legislature and 8 allocation by the director of the budget, shall be available for the 9 purpose of funding expenses of the office [for the prevention of] to end 10 domestic and gender-based violence for educational and prevention 11 programs undertaken pursuant to article twenty-one of the executive law. 12 § 27. Wherever the term "office for the prevention of domestic 13 violence" appears in the consolidated or unconsolidated laws of this 14 state, such term shall hereby mean "office to end domestic and gender- 15 based violence". 16 § 28. This act shall take effect immediately; provided however that 17 the amendments to subdivision (a) of section 483-ee of the social 18 services law made by section twenty-five of this act shall not affect 19 the repeal of such section and shall be deemed repealed therewith; and 20 provided, further, that if chapter 427 of the laws of 2024 shall not 21 have taken effect on or before such date then section six of this act 22 shall take effect on the same date and in the same manner as such chap- 23 ter of the laws of 2024 takes effect.