Amd Art 21 Art Head, §§575, 214-b, 221-a, 837 & 840, Exec L; amd §530.11, CP L; amd §§153-c, 249-b & 812, Fam
Ct Act; amd §§403 & 408-b, Gen Bus L; amd §2612, Ins L; amd §§10-a & 10-b, Lab L; amd §§2137, 2803-p &
2805-z, Pub Health L; amd §§17, 111-v, 349-a, 427-a, 483-cc & 483-ee, Soc Serv L; amd §97-yyy, St Fin L
Renames the NYS office for the prevention of domestic violence to the NYS office to end domestic and gender-based violence; makes necessary technical changes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3387
SPONSOR: Hevesi TITLE OF BILL:
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
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
This proposal amends section 575 of the Executive Law to change the name
of the Office for the Prevention of Domestic Violence to the Office to
End Domestic and Gender-based Violence.
SUMMARY OF PROVISIONS:
Section one of this proposal amends the article heading of article 21 of
the Executive Law, to read "New York State Office to End Domestic and
Gender-based Violence."
Section 2 amends section 575 to delete the phrase for the prevention of"
and replace it with "to end" and add the phrase "and gender-based" to
all relevant portions of section 575, where appropriate.
Section 3 amends subdivision 6 of section 530.11 of the criminal proce-
dure law to make the necessary change to OPDV's name.
Section 4 amends subparagraph (i) of paragraph (b) of subdivision 3 of
section 15 of the domestic relations law to make the necessary change to
OPDV's name.
Section 5 amends section 214-b of the executive law to make the neces-
sary change to OPDV's name.
Section 6 amends subdivision 1 of section 221-a of the executive law to
make the necessary change to OPDV's name.
Section 7 amends the opening paragraph of subdivision 15 of section 837
of the executive law to make the necessary change to OPDV's name.
Section 8 amends paragraph (f) of subdivision 3 of section 840 of the
executive law to make the necessary change to OPDV's name.
Section 9 amends the opening paragraph of paragraph 2 of subdivision (b)
of section 153-c of the family court act to make the necessary change to
OPDV's name.
Section 10 amends paragraph 2 of subdivision (a) of section 249-b of the
family court act to make the necessary change to OPDV's name.
Section 11 amends the closing paragraph of subdivision 5 of section 812
of the family court act to make the necessary change to OPDV's name.
Section 12 amends subdivision 3 of section 403 of the general business
law to make the necessary change to OPDV's name.
Section 13 amends section 408-b of the general business law to make the
necessary change to OPDV's name.
Section 14 amends subsections (f) and (g) and paragraph 8 of subsection
(h) of section 2612 of the insurance law to make the necessary change to
OPDV's name.
Section 15 amends section 10-a of the labor law to make the necessary
change to OPDV's name.
Section 16 amends section 10-b of the labor law to make the necessary
change to OPDV's name.
Section 17 amends section 2137 of the public health law to make the
necessary change to OPDV's name.
Section 18 amends subdivision 2 of section 2803-p of the public health
law to make the necessary change to OPDV's name.
Section 19 amends subdivision 3 of section 28 05-z of the public health
law to make the necessary change to OPDV'S name.
Section 20 amends the opening paragraph of subdivision (g) of section 17
of the social services law to make the necessary change to OPDV's name.
Section 21 amends subdivision 1 of section iii-v of the social services
law to make the necessary change to OPDV's name.
Section 22 amends subdivisions 1, 2 and 3 of section 349-a of the social
services law to make the necessary change to OPDV's name.
Section 23 amends the opening paragraph of subdivision 2 and the opening
paragraph of subdivision 3 of section 427-a of the social services law
to make the necessary change to OPDV's name.
Section 24 amends subdivision (a) of section 483-cc of the social
services law to make the necessary change to OPDV's name.
Section 25 amends subdivision (a) of section 483-ee of the social,
services law to make the necessary change to OPDV's name.
Section 26 amends subdivision 3 of section 97-yyy of the state finance
law to make the necessary change to OPDV's name.
Section 27 provides that the bill will be effective immediately upon
signing.
JUSTIFICATION:
OPDV is in the process of broadening the lens of the work in which we
engage. It has become clear that "domestic violence" is too narrow a
category to effectively work on all of the interconnected, intersecting
ways in which interpersonal violence, in all its iterations, affects the
lives of New York. State residents. Further, there has not been a State
office specifically charged with addressing issues relating to sexual
violence, which is integrally related to domestic violence, but also
stands separately and apart from it. In order to effectively work toward
ending the many types of interpersonal violence affecting people of the
State, the lens of gender-based violence is significantly more useful.
Further, as stated above, OPDV has taken over administration of the
State Enough is Enough funding allocated for victim-service organiza-
tions providing educational and awareness programming for students
attending institutions of higher education within New York State, as
well as providing response to sexual and domestic violence, dating
violence, and stalking experienced by students on these campuses. This
has, in fact, expanded the mission of the agency, and the current name
does not reflect this.
Gender-based violence is also a lens that allows us to work on other
areas on which New York State has not focused. Viewing, unflinchingly,
the connections and intersections which cause increased rates of
violence against Black, Indigenous, and other people of color, as well
as immigrants, lesbian, gay, bi-sexual, transgender, non-binary, and
gender-nonconforming individuals, and working in culturally responsive,
survivor-centered, and trauma-informed ways to address such violence is
something requiring a much wider lens than the lens of "domestic
violence." Our agency is ready, willing, and able to use this lens to
inform our work. In fact, OPDV is already engaged in this work in vari-
ous ways, and simply wishes to have the agency's name reflect the reali-
ty of the work in which we are engaged.
When the previous legislation was being considered, some within the
advocacy community objected to what was seen by them as usurping the
roles of the state coalitions. Although the roles of the advocates and
the roles of a State office are clearly different, in an ideal world
they would be collaborative and interdependent, each having its own
powers, abilities and limitations, which is how OPDV has been operating,
and would be OEDGV's intention moving forward, if the proposal advances.
Other than this, OPDV is not aware of any State agencies or outside
entities that have an objection to the renaming and expansion of the
work of OPDV.
State agencies with interest in this may be OCFS, OTDA, DOH, DCJS, and
OVS, which are the main agencies that provide funding for response to,
and prevention of, domestic and sexual violence. As stated in paragraph
6, the only known positions in opposition to the proposal have been from
the New York State Coalition Against Domestic Violence and the New York
State Coalition Against Sexual Assault.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.10413
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The budget implications of the proposal are minimal. There would need to
be changes to letterhead, business cards, email signatures, the website,
and signage, among other things like that, but all of those could be
done with internal resources that would not require additional funds at
present.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
3387
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, the criminal procedure law, the fami-
ly court act, the general business law, the insurance law, the labor
law, the public health law, the social services law, and the state
finance law, in relation to establishing the New York state office to
end domestic and gender-based violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 21 of the executive law, as
2 added by chapter 463 of the laws of 1992, is amended to read as follows:
3 ARTICLE 21
4 NEW YORK STATE OFFICE [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, paragraphs (o) and (p) of subdivision
10 3, paragraph (o) as added and paragraph (p) as relettered by chapter 740
11 of the laws of 2022, subdivisions 7 and 8 as added by chapter 396 of the
12 laws of 1994, subdivision 9 as added by chapter 368 of the laws of 1997,
13 subdivision 10 as added by section 3 of part A of chapter 491 of the
14 laws of 2012 and paragraph (d) of subdivision 10 as amended by chapter
15 248 of the laws of 2017, is amended to read as follows:
16 § 575. New York state office [for the prevention of] to end domestic
17 and gender-based violence. 1. Establishment of office. There is hereby
18 established within the executive department the "New York state office
19 [for the prevention of] to end domestic and gender-based violence",
20 hereinafter in this section referred to as the "office".
21 2. Duties and responsibilities. The office shall advise the governor
22 and the legislature on the most effective ways for state government to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05136-01-3
A. 3387 2
1 respond to the problem of domestic and gender-based violence. In
2 fulfilling this responsibility, the office shall consult with experts,
3 service providers and representative organizations in the field of
4 domestic and gender-based violence and shall act as an advocate for
5 domestic and gender-based violence victims and survivor-centered
6 programs.
7 3. Definitions. For the purposes of this section the following terms
8 shall have the following meanings:
9 (a) "Domestic violence" means a pattern of behavior used by an indi-
10 vidual to establish and maintain power and control over their intimate
11 partner. Such behavior includes abusive and coercive tactics, threats
12 and actions that may or may not rise to the level of criminal behavior,
13 including, but not limited to, physical, emotional, financial, and sexu-
14 al abuse.
15 (b) "Gender-based violence" means threats to harm, or actual harms
16 committed against a person or persons based on actual or perceived sex,
17 gender, sexual orientation, gender identity or expression or other such
18 sex/gender related characteristics. "Gender-based violence" shall
19 include, but not be limited to, domestic violence; sexual violence;
20 human trafficking; reproductive coercion and violence; stalking; and
21 child-abuse as connected to gender-based violence. "Gender-based
22 violence" shall not include actions taken by a person in self-defense
23 against an act or series of acts of gender-based violence.
24 4. Activities. In addition, the office shall develop and implement
25 policies and programs designed to assist victims of domestic and
26 gender-based violence and their families, and to provide education and
27 prevention, training and technical assistance. Such domestic and
28 gender-based violence-related activities shall include, but not be
29 limited to:
30 (a) Serving as a clearinghouse for information and materials;
31 (b) Developing and coordinating community outreach and public educa-
32 tion throughout the state;
33 (c) Developing and delivering training to professionals, including but
34 not limited to professionals in the fields of:
35 (i) domestic and gender-based violence;
36 (ii) health and mental health;
37 (iii) social and human services;
38 (iv) public education;
39 (v) law enforcement and criminal justice;
40 (vi) alcohol and substance abuse;
41 (d) Developing and promoting school-based prevention programs;
42 (e) Providing technical assistance to state and local government
43 bodies and other agencies and to private businesses and not-for-profit
44 corporations, on effective survivor-centered policies and responses to
45 domestic and gender-based violence, including development of model
46 [domestic violence] policies[, pursuant to subdivisions seven, eight and
47 nine of this section];
48 (f) Promoting and facilitating interagency cooperation among state
49 agencies and intergovernmental cooperation between different levels of
50 government in the state in the delivery and/or funding of survivor-cen-
51 tered services;
52 (g) Operating, in collaboration with survivors, state coalitions, and
53 other stakeholders, as an advocate for [domestic violence services and]
54 victims and for survivor-centered domestic and gender-based violence
55 services, including periodic solicitation of input from survivors and
56 service providers regarding successes, challenges, and needs;
A. 3387 3
1 (h) Undertaking program and services needs assessments on its own
2 initiative or at the request of the governor, the legislature or service
3 providers;
4 (i) Examining the relationship between domestic and gender-based
5 violence and other problems and making recommendations for effective
6 policy response;
7 (j) Collecting data, conducting research, and holding public hearings;
8 (k) Making periodic reports to the governor and the legislature recom-
9 mending policy and program directions and reviewing the activities of
10 the office;
11 (l) [Developing] Working with stakeholders in developing and promoting
12 [senior center based] gender-based violence prevention programs;
13 (m) [promoting best practices for abusive partner intervention] Inves-
14 tigating, establishing and promoting best practices for accountability
15 for those who harm their intimate partners;
16 (n) Administering grant funds appropriated and made available to
17 support compliance with article one hundred [twenty-nine-b]
18 twenty-nine-B of the education law; and undertaking such actions,
19 duties, and responsibilities as may be necessary to serve the purpose of
20 article one hundred [twenty-nine-b] twenty-nine-B of the education law;
21 and
22 (o) (i) Contracting, within amounts appropriated for such purpose,
23 with the not-for-profit entity the New York State Coalition Against
24 Domestic Violence, to develop a training program as described in this
25 paragraph. Such entity shall be responsible for providing such training
26 to psychiatrists, psychologists and social workers who are licensed in
27 the state of New York, so that such individuals may conduct court
28 ordered forensic evaluations involving child custody and visitation
29 pursuant to paragraph (a-3) of subdivision one of section two hundred
30 forty of the domestic relations law; and for reviewing and updating
31 training topics at least once every two years. Such training shall
32 include, but not be limited to, a review of: relevant statutes; case law
33 and psychological definitions of domestic violence; coercive control and
34 child abuse; the dynamics and effects of domestic and gender-based
35 violence and child abuse, including but not limited to, emotional,
36 financial, physical, technological and sexual abuse; the barriers and
37 fears associated with reporting domestic and gender-based violence and
38 child abuse and why victims may not have documented evidence of abuse;
39 tactics commonly used by one party to induce fear in another party or
40 child, including verbal, emotional, psychological, and/or economic
41 abuse, isolating techniques, coercive control, and monitoring of a part-
42 ner's location and activities; litigation abuse and demands for custody
43 or joint custody in order to pressure the partner to return or punish
44 the partner for leaving; trauma, particularly as it relates to sexual
45 abuse and the risks posed to children and the long-term dangers and
46 impacts imposed by the presence of adverse childhood experiences; the
47 increased risk of escalating violence that occurs during child custody
48 proceedings; and the danger of basing child custody decisions on claims
49 that a child's deficient or negative relationship with a parent is
50 caused by the other parent.
51 (ii) The office, in consultation with the New York State Coalition
52 Against Domestic Violence, shall determine a reasonable number of train-
53 ing-hours that shall be required for the first instance such program is
54 provided to psychiatrists, psychologists and social workers and a
55 reasonable number of training-hours that shall be required for subse-
56 quent refresher courses provided to such individuals.
A. 3387 4
1 (iii) The New York State Coalition Against Domestic Violence shall be
2 responsible for providing a certification of completion to each psychia-
3 trist, psychologist or social worker who satisfies the requirements of
4 such training program, so that such individuals may conduct court
5 ordered forensic evaluations involving child custody and visitation
6 pursuant to paragraph (a-3) of subdivision one of section two hundred
7 forty of the domestic relations law; and
8 (p) Any other activities including the making of and promulgation of
9 rules and regulations deemed necessary to facilitate the prevention of
10 domestic violence within the scope and purview of this article which are
11 not otherwise inconsistent with any other provisions of law.
12 [4.] 5. Advisory council. (a) An advisory council is hereby estab-
13 lished to make recommendations on domestic and gender-based violence
14 related issues and effective strategies [for the prevention of] to end
15 domestic and gender-based violence, to assist in the development of
16 appropriate policies and priorities for effective intervention, public
17 education and advocacy, and to facilitate and assure communication and
18 coordination of efforts among state agencies and between different
19 levels of government, state, federal, and municipal, [for the prevention
20 of] to end domestic and gender-based violence.
21 (b) The advisory council shall consist of nine members and seventeen
22 ex-officio members. Each member shall be appointed to serve for a term
23 of three years and shall continue in office until a successor appointed
24 member is made. A member appointed to fill a vacancy shall be appointed
25 for the unexpired term of the member he or she is to succeed. All of the
26 members shall be individuals with expertise in the area of domestic and
27 gender-based violence. Three members shall be appointed by the governor,
28 two members shall be appointed upon the recommendation of the temporary
29 president of the senate, two members shall be appointed upon the recom-
30 mendation of the speaker of the assembly, one member shall be appointed
31 upon the recommendation of the minority leader of the senate, and one
32 member shall be appointed upon the recommendation of the minority leader
33 of the assembly. The ex-officio members of the advisory board shall
34 consist of the director of the office, who shall chair the council, and
35 the following members or their designees: the commissioner of the office
36 of temporary and disability assistance; the commissioner of the depart-
37 ment of health; the commissioner of the education department; the
38 commissioner of the office of mental health; the commissioner of the
39 office of addiction services and supports; the commissioner of the divi-
40 sion of criminal justice services; the superintendent of the division of
41 state police; the director of the office of probation and correctional
42 alternatives; the commissioner of the office of children and family
43 services; the director of the office of victim services; the chief
44 administrative judge of the office of court administration; the commis-
45 sioner of the department of labor; the director of the state office for
46 the aging; the commissioner of the department of corrections and commu-
47 nity supervision; the commissioner of homes and community renewal; the
48 chief executive officer of the New York state coalition against domestic
49 violence; and the executive director of the New York state coalition
50 against sexual assault.
51 (c) The advisory council shall meet as often as deemed necessary by
52 the chair but in no event less than two times per year.
53 (d) The members of the advisory council shall receive no salary or
54 other compensation for their services but shall be entitled to
55 reimbursement for actual and necessary expenses incurred in the perform-
56 ance of their duties within amounts made available by appropriation
A. 3387 5
1 therefor subject to the approval of the director of the budget. The
2 ex-officio members of the advisory council shall receive no additional
3 compensation for their services on the advisory council above the salary
4 they receive from the respective departments or divisions that employ
5 them.
6 [5.] 6. Executive director. (a) The governor shall appoint an execu-
7 tive director of the office who shall serve at the pleasure of the
8 governor.
9 (b) The executive director shall receive an annual salary fixed by the
10 governor within the amounts appropriated specifically therefor and shall
11 be entitled to reimbursement for reasonable expenses incurred in
12 connection with the performance of the director's duties.
13 (c) The director of the office, with the approval of the governor, may
14 accept as agent of the state any grant, including federal grants, or any
15 gift or donation for any of the purposes of this article. Any moneys so
16 received may be expended by the office to effectuate any purpose of this
17 article, subject to the applicable provisions of the state finance law.
18 (d) The executive director shall appoint staff and perform such other
19 functions to ensure the efficient operation of the office.
20 [6.] 7. Assistance of other agencies. The office may request and shall
21 receive in a timely manner from any department, division, board, bureau,
22 commission or agency of the state, such information and assistance as
23 shall enable it to properly carry out its powers and duties pursuant to
24 this article.
25 [7. Model domestic violence policy for counties. (a) The office shall
26 convene a task force of county level municipal officials, municipal
27 police and members of the judiciary, or their representatives, and
28 directors of domestic violence programs, including representatives from
29 a statewide advocacy organization for the prevention of domestic
30 violence, to develop a model domestic violence policy for counties. For
31 the purposes of this subdivision, "county" shall have the same meaning
32 as such term is defined in section three of the county law, except that
33 the city of New York shall be deemed to be one county. The office shall
34 give due consideration to the recommendations of the governor, the
35 temporary president of the senate and the speaker of the assembly for
36 participation by any person on the task force, and shall make reasonable
37 efforts to assure regional balance in membership.
38 (b) The purpose of the model policy shall be to provide consistency
39 and coordination by and between county agencies and departments, includ-
40 ing criminal justice agencies and the judiciary, and, as appropriate, by
41 municipalities or other jurisdictions within the county and other
42 governmental agencies and departments, by assuring that best practices,
43 policies, protocols and procedures are used to address the issue of
44 domestic violence, and to secure the safety of the victim including, but
45 not limited to:
46 (i) response, investigation and arrest policies by police agencies;
47 (ii) response by other criminal justice agencies, including disposi-
48 tion of domestic violence complaints, the provision of information and
49 orders of protection;
50 (iii) response by human services and health agencies, including iden-
51 tification, assessment, intervention and referral policies and responses
52 to victims and the perpetrators of domestic violence;
53 (iv) training and appropriate and relevant measures for periodic eval-
54 uation of community efforts; and
55 (v) other issues as shall be appropriate and relevant for the task
56 force to develop such policy.
A. 3387 6
1 (c) Such model policy shall be reviewed by the task force to assure
2 consistency with existing law and shall be made the subject of public
3 hearings convened by the office throughout the state at places and at
4 times which are convenient for attendance by the public, after which the
5 policy shall be reviewed by the task force and amended as necessary to
6 reflect concerns raised at the hearings. If approved by the task force,
7 such model policy shall be provided as approved with explanation of its
8 provisions to the governor and the legislature not later than two years
9 after the effective date of this subdivision. Notification of the avail-
10 ability of such model domestic violence policy shall be made by the
11 office to every county in the state, and copies of the policy shall be
12 made available to them upon request.
13 (d) The office in consultation with the task force, providers of
14 service, the advisory council and others, including representatives of a
15 statewide advocacy organization for the prevention domestic violence,
16 shall provide technical support, information and encouragement to coun-
17 ties to implement the provisions of the model policy on domestic
18 violence.
19 (e) Nothing contained in this subdivision shall be deemed to prevent
20 the governing body of a county from designating a local advisory commit-
21 tee to investigate the issues, work with providers of domestic violence
22 programs and other interested parties, and to aid in the implementation
23 of the policy required by this subdivision. Such governing body or advi-
24 sory committee may request and shall receive technical assistance from
25 the office for the development of such a policy. Implementation of the
26 model domestic violence policy may take place in a form considered
27 appropriate by the governing body of a county, including guidelines,
28 regulations and local laws.
29 (f) The office shall survey county governments within four years of
30 the effective date of this subdivision to determine the level of compli-
31 ance with the model domestic violence policy, and shall take such steps
32 as shall be necessary to aid county governments in the implementation of
33 such policy.]
34 8. State domestic violence policy. [(a) The office shall survey every
35 state agency to determine any activities, programs, rules, regulations,
36 guidelines or statutory requirements that have a direct or indirect
37 bearing on the state's efforts and abilities to address the issue of
38 domestic violence including, but not limited to, the provision of
39 services to victims and their families. Within two years of the effec-
40 tive date of this subdivision, the office shall compile such information
41 and provide a report, with appropriate comments and recommendations, to
42 the governor and the legislature. For the purposes of this subdivision,
43 "state agency" shall have the same meaning as such term is defined in
44 section two-a of the state finance law.
45 (b) Within three years of the effective date of this subdivision the
46 office shall recommend a state domestic violence policy consistent with
47 statute and best practice, policies, procedures and protocols to the
48 governor and the legislature. The purpose of such model policy shall be
49 to provide consistency and coordination by and between state agencies
50 and departments to address the issue of domestic violence. In developing
51 such model policy, the office shall consult with a statewide advocacy
52 organization for the prevention of domestic violence, and shall assure
53 that the advisory council reviews all data and recommendations and shall
54 not submit such model policy until approved by the advisory council.
55 Such recommendations shall be provided exclusive of any study or report
56 the office is required to undertake pursuant to a chapter of the laws of
A. 3387 7
1 nineteen hundred ninety-four, entitled "the family protection and domes-
2 tic violence intervention act of 1994".
3 (c)] No state agency shall promulgate a rule pursuant to the state
4 administrative procedure act, or adopt a guideline or other procedure,
5 including a request for proposals, directly or indirectly affecting the
6 provision of services to victims of domestic and gender-based violence,
7 or the provision of services by residential or non-residential domestic
8 violence programs, as such terms are defined in section four hundred
9 fifty-nine-a of the social services law, or establish a grant program
10 directly or indirectly affecting such victims of domestic or gender-
11 based violence or providers of service, without first consulting the
12 office, which shall provide all comments in response to such rules,
13 guidelines or procedures in writing directly to the chief executive
14 officer of such agency, to the administrative regulations review commit-
15 tee and to the appropriate committees of the legislature having juris-
16 diction of the subject matter addressed within two weeks of receipt
17 thereof, provided that failure of the office to respond as required
18 herein shall not otherwise impair the ability of such state agency to
19 promulgate a rule. This paragraph shall not apply to an appropriation
20 which finances a contract with a not-for-profit organization which has
21 been identified for a state agency without the use of a request for
22 proposals.
23 9. [Model domestic violence employee awareness and assistance policy.
24 (a) The office shall convene a task force including members of the busi-
25 ness community, employees, employee organizations, representatives from
26 the department of labor and the empire state development corporation,
27 and directors of domestic violence programs, including representatives
28 of statewide advocacy organizations for the prevention of domestic
29 violence, to develop a model domestic violence employee awareness and
30 assistance policy for businesses.
31 The office shall give due consideration to the recommendations of the
32 governor, the temporary president of the senate, and the speaker of the
33 assembly for participation by any person on the task force, and shall
34 make reasonable efforts to assure regional balance in membership.
35 (b) The purpose of the model employee awareness and assistance policy
36 shall be to provide businesses with the best practices, policies, proto-
37 cols and procedures in order that they ascertain domestic violence
38 awareness in the workplace, assist affected employees, and provide a
39 safe and helpful working environment for employees currently or poten-
40 tially experiencing the effects of domestic violence. The model plan
41 shall include but not be limited to:
42 (i) the establishment of a definite corporate policy statement recog-
43 nizing domestic violence as a workplace issue as well as promoting the
44 need to maintain job security for those employees currently involved in
45 domestic violence disputes;
46 (ii) policy and service publication requirements, including posting
47 said policies and service availability pamphlets in break rooms, on
48 bulletin boards, restrooms and other communication methods;
49 (iii) a listing of current domestic violence community resources such
50 as shelters, crisis intervention programs, counseling and case manage-
51 ment programs, legal assistance and advocacy opportunities for affected
52 employees;
53 (iv) measures to ensure workplace safety including, where appropriate,
54 designated parking areas, escort services and other affirmative safe-
55 guards;
A. 3387 8
1 (v) training programs and protocols designed to educate employees and
2 managers in how to recognize, approach and assist employees experiencing
3 domestic violence, including both victims and batterers; and
4 (vi) other issues as shall be appropriate and relevant for the task
5 force in developing such model policy.
6 (c) Such model policy shall be reviewed by the task force to assure
7 consistency with existing law and shall be made the subject of public
8 hearings convened by the office throughout the state at places and at
9 times which are convenient for attendance by the public, after which the
10 policy shall be reviewed by the task force and amended as necessary to
11 reflect concerns raised at the hearings. If approved by the task force,
12 such model policy shall be provided as approved with explanation of its
13 provisions to the governor and the legislature not later than one year
14 after the effective date of this subdivision. The office shall make
15 every effort to notify businesses of the availability of such model
16 domestic violence employee awareness and assistance policy.
17 (d) The office in consultation with the task force, providers of
18 services, the advisory council, the department of labor, the empire
19 state development corporation, and representatives of statewide advocacy
20 organizations for the prevention of domestic violence, shall provide
21 technical support, information, and encouragement to businesses to
22 implement the provisions of the model domestic violence employee aware-
23 ness and assistance policy.
24 (e) Nothing contained in this subdivision shall be deemed to prevent
25 businesses from adopting their own domestic violence employee awareness
26 and assistance policy.
27 (f) The office shall survey businesses within four years of the effec-
28 tive date of this section to determine the level of model policy
29 adoption amongst businesses and shall take steps necessary to promote
30 the further adoption of such policy.
31 10.] Fatality review team. (a) There shall be established within the
32 office a fatality review team for the purpose of analyzing, in conjunc-
33 tion with local representation, the domestic violence-related death or
34 near death of individuals, with the goal of:
35 (i) examining the trends and patterns of domestic violence-related
36 fatalities in New York state;
37 (ii) educating the public, service providers, and policymakers about
38 domestic violence fatalities and strategies for intervention and
39 prevention; and
40 (iii) recommending policies, practices, procedures, and services to
41 reduce fatalities due to domestic violence.
42 (b) A domestic violence-related death or near death shall mean any
43 death or near death caused by a family or household member as defined in
44 section eight hundred twelve of the family court act or section 530.11
45 of the criminal procedure law, except that there shall be no review of
46 the death or near death of a child for those cases in which the office
47 of children and family services is required to issue a fatality report
48 in accordance with subdivision five of section twenty of the social
49 services law.
50 (c) The team shall review deaths or near deaths in cases that have
51 been adjudicated and have received a final judgment and that are not
52 under investigation.
53 (d) Members of a domestic violence fatality review team shall be
54 appointed by the executive director, [in consultation with the advisory
55 council,] and shall include, but not be limited to, one representative
56 from the office of children and family services, the office of temporary
A. 3387 9
1 and disability assistance, the division of criminal justice services,
2 the state police, the department of health, the office of court adminis-
3 tration, the office of probation and correctional alternatives, the
4 department of corrections and community supervision, the office of
5 victim services, at least one representative from local law enforcement,
6 a county prosecutor's office, a local social services district, a member
7 of the judiciary, and a domestic violence services program approved by
8 the office of children and family services. A domestic violence fatality
9 review team may also include representatives from sexual assault
10 services programs, public health, mental health and substance abuse
11 agencies, hospitals, clergy, local school districts, local divisions of
12 probation, local offices of the department of corrections and community
13 supervision, the office of the medical examiner or coroner, any local
14 domestic violence task force, coordinating council or other interagency
15 entity that meets regularly to support a coordinated community response
16 to domestic violence, any other program that provides services to domes-
17 tic violence victims, or any other person necessary to the work of the
18 team, including survivors of domestic violence.
19 (e) The team shall identify potential cases and shall select which
20 deaths or near deaths will be reviewed each year. Localities may request
21 that the team conduct a review of a particular death or near death.
22 (f) The team shall work with officials and organizations within the
23 community where the death or near death occurred to conduct each review.
24 (g) Team members shall serve without compensation but are entitled to
25 be reimbursed for travel expenses to the localities where a fatality
26 review will be conducted and members who are full-time salaried officers
27 or employees of the state or of any political subdivision of the state
28 are entitled to their regular compensation.
29 (h) To the extent consistent with federal law, upon request the team
30 shall be provided client-identifiable information and records necessary
31 for the investigation of a domestic violence-related death or near death
32 incident, including, but not limited to:
33 (i) records maintained by a local social services district;
34 (ii) law enforcement records, except where the provision of such
35 records would interfere with an ongoing law enforcement investigation or
36 identify a confidential source or endanger the safety or welfare of an
37 individual;
38 (iii) court records;
39 (iv) probation and parole records;
40 (v) records from domestic violence residential or non-residential
41 programs;
42 (vi) records from any relevant service provider, program or organiza-
43 tion; and
44 (vii) all other relevant records in the possession of state and local
45 officials or agencies provided, however, no official or agency shall be
46 required to provide information or records concerning a person charged,
47 investigated or convicted in such death or near death in violation of
48 such person's attorney-client privilege.
49 (i) Any information or records otherwise sealed, confidential and
50 privileged in accordance with state law which are provided to the team
51 shall remain sealed, confidential, and privileged as otherwise provided
52 by law. All records received, meetings conducted, reports and records
53 made and maintained and all books and papers obtained by the team shall
54 be confidential and shall not be open or made available, except by court
55 order or as set forth in paragraphs (k) and (l) of this subdivision.
A. 3387 10
1 (j) Any person who releases or permits the release of any information
2 protected under paragraph (i) of this subdivision to persons or agencies
3 not authorized to receive such information shall be guilty of a class A
4 misdemeanor.
5 (k) Team members and persons who present information to the team shall
6 not be questioned in any civil or criminal proceeding regarding any
7 opinions formed as a result of a meeting of the team. Nothing in this
8 section shall be construed to prevent a person from testifying as to
9 information which is obtained independently of the team or information
10 which is public.
11 (l) Team members are not liable for damages or other relief in any
12 action brought by reason of the reasonable and good faith performance of
13 a duty, function, or activity of the team.
14 (m) Consistent with all federal and state confidentiality protections,
15 the team may provide recommendations to any individual or entity for
16 appropriate actions to improve a community's response to domestic
17 violence.
18 (n) The team shall periodically submit a cumulative report to the
19 governor and the legislature incorporating the aggregate data and a
20 summary of the general findings and recommendations resulting from the
21 domestic violence fatality reviews completed pursuant to this subdivi-
22 sion. The cumulative report shall thereafter be made available to the
23 public, consistent with federal and state confidentiality protections.
24 § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
25 amended by chapter 663 of the laws of 2019, is amended to read as
26 follows:
27 6. Notice. Every police officer, peace officer or district attorney
28 investigating a family offense under this article shall advise the
29 victim of the availability of a shelter or other services in the commu-
30 nity, and shall immediately give the victim written notice of the legal
31 rights and remedies available to a victim of a family offense under the
32 relevant provisions of this chapter and the family court act. Such
33 notice shall be prepared, at minimum, in plain English, Spanish, Chinese
34 and Russian and if necessary, shall be delivered orally, and shall
35 include but not be limited to the information contained in the following
36 statement:
37 "Are you the victim of domestic violence? If you need help now, you
38 can call 911 for the police to come to you. You can also call a domestic
39 violence hotline. You can have a confidential talk with an advocate at
40 the hotline about help you can get in your community including: where
41 you can get treatment for injuries, where you can get shelter, where you
42 can get support, and what you can do to be safe. The New York State
43 24-hour Domestic & Sexual Violence Hotline number is (insert the state-
44 wide multilingual 800 number). They can give you information in many
45 languages. If you are deaf or hard of hearing, call 711.
46 This is what the police can do:
47 They can help you and your children find a safe place such as a family
48 or friend's house or a shelter in your community.
49 You can ask the officer to take you or help you and your children get
50 to a safe place in your community.
51 They can help connect you to a local domestic violence program.
52 They can help you get to a hospital or clinic for medical care.
53 They can help you get your personal belongings.
54 They must complete a report discussing the incident. They will give
55 you a copy of this police report before they leave the scene. It is
56 free.
A. 3387 11
1 They may, and sometimes must, arrest the person who harmed you if you
2 are the victim of a crime. The person arrested could be released at any
3 time, so it is important to plan for your safety.
4 If you have been abused or threatened, this is what you can ask the
5 police or district attorney to do:
6 File a criminal complaint against the person who harmed you.
7 Ask the criminal court to issue an order of protection for you and
8 your child if the district attorney files a criminal case with the
9 court.
10 Give you information about filing a family offense petition in your
11 local family court.
12 You also have the right to ask the family court for an order of
13 protection for you and your children.
14 This is what you can ask the family court to do:
15 To have your family offense petition filed the same day you go to
16 court.
17 To have your request heard in court the same day you file or the next
18 day court is open.
19 Only a judge can issue an order of protection. The judge does that as
20 part of a criminal or family court case against the person who harmed
21 you. An order of protection in family court or in criminal court can
22 say:
23 That the other person have no contact or communication with you by
24 mail, phone, computer or through other people.
25 That the other person stay away from you and your children, your home,
26 job or school.
27 That the other person not assault, harass, threaten, strangle, or
28 commit another family offense against you or your children.
29 That the other person turn in their firearms and firearms licenses,
30 and not get any more firearms.
31 That you have temporary custody of your children.
32 That the other person pay temporary child support.
33 That the other person not harm your pets or service animals.
34 If the family court is closed because it is night, a weekend, or a
35 holiday, you can go to a criminal court to ask for an order of
36 protection.
37 If you do not speak English or cannot speak it well, you can ask the
38 police, the district attorney, or the criminal or family court to get
39 you an interpreter who speaks your language. The interpreter can help
40 you explain what happened.
41 You can get the forms you need to ask for an order of protection at
42 your local family court (insert addresses and contact information for
43 courts). You can also get them online: www.NYCourts.gov/forms.
44 You do not need a lawyer to ask for an order of protection.
45 You have a right to get a lawyer in the family court. If the family
46 court finds that you cannot afford to pay for a lawyer, it must get you
47 one for free.
48 If you file a complaint or family court petition, you will be asked to
49 swear to its truthfulness because it is a crime to file a legal document
50 that you know is false."
51 The division of criminal justice services in consultation with the
52 state office [for the prevention of] to end domestic and gender-based
53 violence shall prepare the form of such written notice consistent with
54 provisions of this section and distribute copies thereof to the appro-
55 priate law enforcement officials pursuant to subdivision nine of section
56 eight hundred forty-one of the executive law.
A. 3387 12
1 Additionally, copies of such notice shall be provided to the chief
2 administrator of the courts to be distributed to victims of family
3 offenses through the criminal court at such time as such persons first
4 come before the court and to the state department of health for distrib-
5 ution to all hospitals defined under article twenty-eight of the public
6 health law. No cause of action for damages shall arise in favor of any
7 person by reason of any failure to comply with the provisions of this
8 subdivision except upon a showing of gross negligence or willful miscon-
9 duct.
10 § 4. Section 214-b of the executive law, as amended by chapter 432 of
11 the laws of 2015, is amended to read as follows:
12 § 214-b. Family offense intervention. The superintendent shall, for
13 all members of the state police including new and veteran officers,
14 develop, maintain and disseminate, in consultation with the state office
15 [for the prevention of] to end domestic and gender-based violence, writ-
16 ten policies and procedures consistent with article eight of the family
17 court act and applicable provisions of the criminal procedure and domes-
18 tic relations laws, regarding the investigation of and intervention in
19 incidents of family offenses. Such policies and procedures shall make
20 provision for education and training in the interpretation and enforce-
21 ment of New York's family offense laws, including but not limited to:
22 (a) intake and recording of victim statements, and the prompt trans-
23 lation of such statements if made in a language other than English, in
24 accordance with subdivision (c) of this section, on a standardized
25 "domestic violence incident report form" promulgated by the state divi-
26 sion of criminal justice services in consultation with the superinten-
27 dent and with the state office [for the prevention of] to end domestic
28 and gender-based violence, and the investigation thereof so as to ascer-
29 tain whether a crime has been committed against the victim by a member
30 of the victim's family or household as such terms are defined in section
31 eight hundred twelve of the family court act and section 530.11 of the
32 criminal procedure law;
33 (b) the need for immediate intervention in family offenses including
34 the arrest and detention of alleged offenders, pursuant to subdivision
35 four of section 140.10 of the criminal procedure law, and notifying
36 victims of their rights, in their native language, if identified as
37 other than English, in accordance with subdivision (c) of this section,
38 including but not limited to immediately providing the victim with the
39 written notice provided in subdivision six of section 530.11 of the
40 criminal procedure law and subdivision five of section eight hundred
41 twelve of the family court act.
42 (c) The superintendent, in consultation with the division of criminal
43 justice services and the office [for the prevention of] to end domestic
44 and gender-based violence shall determine the languages in which such
45 translation required by subdivision (a) of this section, and the notifi-
46 cation required pursuant to subdivision (b) of this section, shall be
47 provided. Such determination shall be based on the size of the New York
48 state population that speaks each language and any other relevant
49 factor. Such written notice required pursuant to subdivision (b) of this
50 section shall be made available to all state police officers in the
51 state.
52 § 5. Subdivision 1 of section 221-a of the executive law, as amended
53 by chapter 492 of the laws of 2015, is amended to read as follows:
54 1. The superintendent, in consultation with the division of criminal
55 justice services, office of court administration, and the office [for
56 the prevention of] to end domestic and gender-based violence, shall
A. 3387 13
1 develop a comprehensive plan for the establishment and maintenance of a
2 statewide computerized registry of all orders of protection issued
3 pursuant to articles four, five, six, eight and ten of the family court
4 act, section 530.12 of the criminal procedure law and, insofar as they
5 involve victims of domestic violence as defined by section four hundred
6 fifty-nine-a of the social services law, section 530.13 of the criminal
7 procedure law and sections two hundred forty and two hundred fifty-two
8 of the domestic relations law, and orders of protection issued by courts
9 of competent jurisdiction in another state, territorial or tribal juris-
10 diction, special orders of conditions issued pursuant to subparagraph
11 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
12 criminal procedure law insofar as they involve a victim or victims of
13 domestic violence as defined by subdivision one of section four hundred
14 fifty-nine-a of the social services law or a designated witness or
15 witnesses to such domestic violence, and all warrants issued pursuant to
16 sections one hundred fifty-three and eight hundred twenty-seven of the
17 family court act, and arrest and bench warrants as defined in subdivi-
18 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
19 nal procedure law, insofar as such warrants pertain to orders of
20 protection or temporary orders of protection; provided, however, that
21 warrants issued pursuant to section one hundred fifty-three of the fami-
22 ly court act pertaining to articles three and seven of such act and
23 section 530.13 of the criminal procedure law shall not be included in
24 the registry. The superintendent shall establish and maintain such
25 registry for the purposes of ascertaining the existence of orders of
26 protection, temporary orders of protection, warrants and special orders
27 of conditions, and for enforcing the provisions of paragraph (b) of
28 subdivision four of section 140.10 of the criminal procedure law.
29 § 6. The opening paragraph of subdivision 15 of section 837 of the
30 executive law, as amended by chapter 432 of the laws of 2015, is amended
31 to read as follows:
32 Promulgate, in consultation with the superintendent of state police
33 and the state office [for the prevention of] to end domestic and
34 gender-based violence, and in accordance with paragraph (f) of subdivi-
35 sion three of section eight hundred forty of this article, a standard-
36 ized "domestic violence incident report form" for use by state and local
37 law enforcement agencies in the reporting, recording and investigation
38 of all alleged incidents of domestic violence, regardless of whether an
39 arrest is made as a result of such investigation. Such form shall be
40 prepared in multiple parts, one of which shall be immediately provided
41 to the victim, and shall include designated spaces for: the recordation
42 of the results of the investigation by the law enforcement agency and
43 the basis for any action taken; the recordation of a victim's allega-
44 tions of domestic violence; the age and gender of the victim and the
45 alleged offender or offenders; and immediately thereunder a space on
46 which the victim may sign and verify such victim's allegations. Such
47 form shall also include, but not be limited to spaces to identify:
48 § 7. Paragraph (f) of subdivision 3 of section 840 of the executive
49 law, as amended by chapter 432 of the laws of 2015, is amended to read
50 as follows:
51 (f) Develop, maintain and disseminate, in consultation with the state
52 office [for the prevention of] to end domestic and gender-based
53 violence, written policies and procedures consistent with article eight
54 of the family court act and applicable provisions of the criminal proce-
55 dure and domestic relations laws, regarding the investigation of and
56 intervention by new and veteran police officers in incidents of family
A. 3387 14
1 offenses. Such policies and procedures shall make provisions for educa-
2 tion and training in the interpretation and enforcement of New York's
3 family offense laws, including but not limited to:
4 (1) intake and recording of victim statements, and the prompt trans-
5 lation of such statements if made in a language other than English, in
6 accordance with subparagraph three of this paragraph, on a standardized
7 "domestic violence incident report form" promulgated by the division of
8 criminal justice services in consultation with the superintendent of
9 state police, representatives of local police forces and the state
10 office [for the prevention of] to end domestic and gender-based
11 violence, and the investigation thereof so as to ascertain whether a
12 crime has been committed against the victim by a member of the victim's
13 family or household as such terms are defined in section eight hundred
14 twelve of the family court act and section 530.11 of the criminal proce-
15 dure law; and
16 (2) the need for immediate intervention in family offenses including
17 the arrest and detention of alleged offenders, pursuant to subdivision
18 four of section 140.10 of the criminal procedure law, and notifying
19 victims of their rights, in their native language, if identified as
20 other than English, in accordance with subparagraph three of this para-
21 graph, including but not limited to immediately providing the victim
22 with the written notice required in subdivision six of section 530.11 of
23 the criminal procedure law and subdivision five of section eight hundred
24 twelve of the family court act;
25 (3) determine, in consultation with the superintendent of state police
26 and the office [for the prevention of] to end domestic and gender-based
27 violence, the languages in which such translation required by subpara-
28 graph one of this paragraph, and the notification required by subpara-
29 graph two of this paragraph, shall be provided. Such determination shall
30 be based on the size of the New York state population that speaks each
31 language and any other relevant factor. Such written notice required
32 pursuant to subparagraph two of this paragraph shall be made available
33 to all local law enforcement agencies throughout the state. Nothing in
34 this paragraph shall prevent the council from using the determinations
35 made by the superintendent of state police pursuant to subdivision (c)
36 of section two hundred fourteen-b of this chapter;
37 § 8. The opening paragraph of paragraph 2 of subdivision (b) of
38 section 153-c of the family court act, as added by chapter 367 of the
39 laws of 2015, is amended to read as follows:
40 A plan for a pilot program pursuant to this section shall be developed
41 by the chief administrator of the courts or his or her delegate in
42 consultation with one or more local programs providing assistance to
43 victims of domestic violence, the office [for the prevention of] to end
44 domestic and gender-based violence, and attorneys who represent family
45 offense petitions. The plan shall include, but is not limited to:
46 § 9. Paragraph 2 of subdivision (a) of section 249-b of the family
47 court act, as added by chapter 476 of the laws of 2009, is amended to
48 read as follows:
49 2. provide for the development of training programs with the input of
50 and in consultation with the state office [for the prevention of] to end
51 domestic and gender-based violence. Such training programs must include
52 the dynamics of domestic violence and its effect on victims and on chil-
53 dren, and the relationship between such dynamics and the issues consid-
54 ered by the court, including, but not limited to, custody, visitation
55 and child support. Such training programs along with the providers of
56 such training must be approved by the office of court administration
A. 3387 15
1 following consultation with and input from the state office for the
2 prevention of domestic violence; and
3 § 10. The closing paragraph of subdivision 5 of section 812 of the
4 family court act, as amended by chapter 663 of the laws of 2019, is
5 amended to read as follows:
6 The division of criminal justice services in consultation with the
7 state office [for the prevention of] to end domestic and gender-based
8 violence shall prepare the form of such written notice consistent with
9 the provisions of this section and distribute copies thereof to the
10 appropriate law enforcement officials pursuant to subdivision nine of
11 section eight hundred forty-one of the executive law. Additionally,
12 copies of such notice shall be provided to the chief administrator of
13 the courts to be distributed to victims of family offenses through the
14 family court at such time as such persons first come before the court
15 and to the state department of health for distribution to all hospitals
16 defined under article twenty-eight of the public health law. No cause of
17 action for damages shall arise in favor of any person by reason of any
18 failure to comply with the provisions of this subdivision except upon a
19 showing of gross negligence or willful misconduct.
20 § 11. Subdivision 3 of section 403 of the general business law, as
21 amended by chapter 715 of the laws of 2019, is amended to read as
22 follows:
23 3. The advisory committee shall advise the secretary on all matters
24 relating to this article, and on such other matters as the secretary
25 shall request. In advising the secretary on matters concerning profes-
26 sional education or curriculum, inclusive of the maintenance of cultural
27 and ethnic awareness within the prescribed curriculum in regard to hair
28 types, including, but not limited to, curl pattern, hair strand thick-
29 ness, and volume of hair, the advisory committee shall, to the extent
30 practicable, consult with the state education department. The advisory
31 committee is directed, in consultation with the department of state, the
32 New York state office [for the prevention of] to end domestic and
33 gender-based violence and an advocacy group recognized by the federal
34 department of health and human services, which has the ability to coor-
35 dinate statewide and with local communities on programming and educa-
36 tional materials related to the prevention and intervention of domestic
37 violence in New York state, to develop, provide for and integrate aware-
38 ness training on domestic violence and sexual assault for all prospec-
39 tive students seeking to be licensed under this article. Further, on a
40 voluntary basis for those seeking to renew their license as provided for
41 in this article to develop and provide access to educational material
42 for domestic violence and sexual assault awareness.
43 § 12. Section 408-b of the general business law, as amended by chapter
44 71 of the laws of 2020, is amended to read as follows:
45 § 408-b. Domestic violence and sexual assault awareness education. The
46 department shall ensure that domestic violence and sexual assault aware-
47 ness education courses are made available to all licensees and appli-
48 cants for a license or renewal pursuant to this article and that such
49 courses are offered through the department's website. The department, in
50 consultation with the office [for the prevention of] to end domestic and
51 gender-based violence and advocacy groups recognized by the federal
52 department of health and human services or the federal department of
53 justice, which have the ability to coordinate statewide and with local
54 communities on programming and educational materials related to the
55 prevention and intervention of domestic violence or sexual assault in
56 New York state, shall develop and provide access to domestic violence
A. 3387 16
1 and sexual assault awareness education courses appropriate for those
2 licensed under this article.
3 § 13. Subsections (f) and (g) and paragraph 8 of subsection (h) of
4 section 2612 of the insurance law, subsections (f) and (g) as amended by
5 chapter 579 of the laws of 2022, and paragraph 8 of subsection (h) as
6 added by section 2 of part E of chapter 491 of the laws of 2012, are
7 amended to read as follows:
8 (f) If any person covered by an insurance policy issued to another
9 person as the policyholder delivers to the insurer that issued the poli-
10 cy, at its home office, a valid order of protection against the policy-
11 holder, issued by a court of competent jurisdiction in this state, or,
12 except where the insurance policy was issued by a health insurer as
13 defined in subparagraph (B) of paragraph (1) of subsection (h) of this
14 section, a request to designate an alternative mailing address, tele-
15 phone number or method of contact for the purpose of receiving claim
16 related information if the person states that disclosure of all or part
17 of the claim related information could endanger the person, the insurer
18 shall be prohibited for the duration of the order, or until the request
19 designating an alternative mailing address, telephone number or other
20 method of contact is cancelled by the requesting person in writing, from
21 disclosing to the policyholder the address, telephone number or other
22 method of contact for the insured, or for any person or entity providing
23 covered services to the insured, any personally identifying information
24 of the insured, or the nature of the covered services provided to the
25 insured, or from mailing, delivering, or otherwise providing claim
26 related information to any mailing address, telephone number, or other
27 method of contact other than as designated by the requesting person
28 pursuant to this subsection. If a child is the covered person, the right
29 established by this subsection may be asserted by, and shall also extend
30 to, the parent or guardian of the child. An insurer may require a person
31 making a request to designate an alternative mailing address, telephone
32 number or other method of contact pursuant to this subsection to: make
33 the request in writing; include in the request a statement that disclo-
34 sure of all or part of the claim related information to which the
35 request pertains could endanger the person or child; and specify an
36 alternative mailing address, telephone number, or other method of
37 contact. For the purpose of this subsection, "claim related information"
38 means all claim or billing information relating specifically to an
39 insured or person covered by an insurance policy issued by an insurer
40 other than a health insurer as defined in subparagraph (B) of paragraph
41 (1) of subsection (h) of this section. The superintendent, in consulta-
42 tion with the commissioner of health and the office of children and
43 family services and the office [for the prevention of] to end domestic
44 and gender-based violence, shall promulgate rules to guide and enable
45 insurers to guard against the disclosure of the address and location of
46 an insured who is a victim of domestic violence.
47 (g) If any person covered by a group insurance policy delivers to the
48 insurer that issued the policy, at its home office, (i) a valid order of
49 protection against another person covered by the group policy, issued by
50 a court of competent jurisdiction in this state, or, except where the
51 insurance policy was issued by a health insurer as defined in subpara-
52 graph (B) of paragraph (1) of subsection (h) of this section, a request
53 to designate an alternative mailing address, telephone number or other
54 method of contact for the purpose of receiving claim related information
55 if the person states that disclosure of all or part of the claim related
56 information could endanger the person, the insurer shall be prohibited
A. 3387 17
1 for the duration of the order, or until the request designating an
2 alternative mailing address, telephone number or other method of contact
3 is cancelled by the requesting person in writing, from disclosing to the
4 person against whom a valid order of protection was issued the address,
5 telephone number or other method of contact for the insured person
6 covered by the order of protection or for any person or entity providing
7 covered services to the insured person covered by the order of
8 protection, any personally identifying information of the insured, or
9 the nature of the covered services provided to the insured, or from
10 mailing, delivering, or otherwise providing claim related information to
11 any mailing address, telephone number, or other method of contact other
12 than as designated by the requesting person pursuant to this subsection.
13 If a child is the covered person, the right established by this
14 subsection may be asserted by, and shall also extend to, the parent or
15 guardian of the child. An insurer may require a person making a request
16 to designate an alternative mailing address, telephone number or other
17 method of contact pursuant to this subsection to: make the request in
18 writing; include in the request a statement that disclosure of all or
19 part of the claim related information to which the request pertains
20 could endanger the person or child; and specify an alternative mailing
21 address, telephone number, or other method of contact. For the purpose
22 of this subsection, "claim related information" means all claim or bill-
23 ing information relating specifically to an insured or person covered by
24 an insurance policy issued by an insurer other than a health insurer as
25 defined in subparagraph (B) of paragraph (1) of subsection (h) of this
26 section. The superintendent, in consultation with the commissioner of
27 health, the office of children and family services and the office [for
28 the prevention of] to end domestic and gender-based violence, shall
29 promulgate rules to guide and enable insurers to guard against the
30 disclosure of the address and location of an insured who is a victim of
31 domestic violence.
32 (8) The superintendent, in consultation with the commissioner of
33 health, the office of children and family services and the office [for
34 the prevention of] to end domestic and gender-based violence, shall
35 promulgate rules to guide health insurers in guarding against the
36 disclosure of the information protected pursuant to this subsection.
37 § 14. Section 10-a of the labor law, as added by chapter 527 of the
38 laws of 1995, is amended to read as follows:
39 § 10-a. Domestic violence policy. The commissioner shall study the
40 issue of employees separated from employment due to acts of domestic
41 violence as referred to in and qualified by section four hundred fifty-
42 nine-a of the social services law. The commissioner shall consult with
43 the New York state office [for the prevention of] to end domestic and
44 gender-based violence and its advisory council, the department of social
45 services, the division of women and members of the public in preparing
46 such study. Such study shall include a review of case histories in
47 which unemployment compensation was sought and an analysis of the poli-
48 cies in other states. A copy of such study shall be transmitted to the
49 temporary president of the senate and the speaker of the assembly on or
50 before January fifteenth, nineteen hundred ninety-six and shall contain
51 policy recommendations.
52 § 15. Section 10-b of the labor law, as added by chapter 368 of the
53 laws of 1997, is amended to read as follows:
54 § 10-b. Domestic violence employee awareness and assistance. The
55 commissioner shall assist the office [for the prevention of] to end
56 domestic and gender-based violence in the creation, approval and dissem-
A. 3387 18
1 ination of the model domestic violence employee awareness and assistance
2 policy [as further defined in subdivision nine of section five hundred
3 seventy-five of the executive law. Upon completion and approval of the
4 model plan as outlined in subdivision nine of section five hundred
5 seventy-five of the executive law, the commissioner shall assist in the
6 promotion of the model policy to businesses in New York state].
7 § 16. Section 2137 of the public health law, as added by chapter 163
8 of the laws of 1998, is amended to read as follows:
9 § 2137. Domestic violence recognition. The department shall, in
10 consultation with the office [for the prevention of] to end domestic and
11 gender-based violence and statewide organizations and community based
12 organizations, develop a protocol for the identification and screening
13 of victims of domestic violence who may either be a protected individual
14 or a contact as used in this title.
15 § 17. Subdivision 2 of section 2803-p of the public health law, as
16 added by chapter 271 of the laws of 1997, is amended to read as follows:
17 2. Every hospital having maternity and newborn services shall provide
18 information concerning family violence to parents of newborn infants at
19 any time prior to the discharge of the mother. Such information shall
20 also be provided by every diagnostic and treatment center offering
21 prenatal care services to women upon an initial prenatal care visit.
22 The commissioner shall, in consultation with the state office [for the
23 prevention of] to end domestic and gender-based violence and the depart-
24 ment of social services, prepare, produce and transmit such notice to
25 such facilities in quantities sufficient to comply with the requirements
26 of this section. Such notice shall contain information which shall
27 include but not be limited to the effects of family violence and the
28 services available to women and children experiencing family violence.
29 Such information shall be in clear and concise language readily
30 comprehensible. Nothing in this section shall preclude a facility from
31 providing the notice required by this section as an addendum to, or in
32 connection with, any other information required to be provided by any
33 other provision of law, rule or regulation.
34 § 18. Subdivision 3 of section 2805-z of the public health law, as
35 amended by chapter 37 of the laws of 2020, is amended to read as
36 follows:
37 3. The commissioner shall promulgate such rules and regulations as may
38 be necessary and proper to carry out effectively the provisions of this
39 section. Prior to promulgating such rules and regulations, the commis-
40 sioner shall consult with the office [for the prevention of] to end
41 domestic and gender-based violence and other such persons as the commis-
42 sioner deems necessary to develop a model policy for hospitals to
43 utilize in complying with this section and to identify the domestic
44 violence or victim assistance organizations operating in each hospital's
45 geographic area, a list of which the commissioner shall provide to
46 hospitals with the model policy.
47 § 19. The opening paragraph of subdivision (g) of section 17 of the
48 social services law, as added by chapter 280 of the laws of 2002, is
49 amended to read as follows:
50 require participation of all employees of a child protective service
51 in a training course which has been developed by the office [for the
52 prevention of] to end domestic and gender-based violence in conjunction
53 with the office of children and family services whose purpose is to
54 develop an understanding of the dynamics of domestic violence and its
55 connection to child abuse and neglect. Such course shall:
A. 3387 19
1 § 20. Subdivision 1 of section 111-v of the social services law, as
2 added by chapter 398 of the laws of 1997, is amended to read as follows:
3 1. The department, in consultation with appropriate agencies including
4 but not limited to the New York state office [for the prevention of] to
5 end domestic and gender-based violence, shall by regulation prescribe
6 and implement safeguards on the confidentiality, integrity, accuracy,
7 access, and the use of all confidential information and other data
8 handled or maintained, including data obtained pursuant to section one
9 hundred eleven-o of this article and including such information and data
10 maintained in the automated child support enforcement system. Such
11 information and data shall be maintained in a confidential manner
12 designed to protect the privacy rights of the parties and shall not be
13 disclosed except for the purpose of, and to the extent necessary to,
14 establish paternity, or establish, modify or enforce an order of
15 support.
16 § 21. Subdivisions 1, 2 and 3 of section 349-a of the social services
17 law, subdivisions 1 and 3 as added by section 36 of part B of chapter
18 436 of the laws of 1997 and subdivision 2 as amended by chapter 144 of
19 the laws of 2021, are amended to read as follows:
20 1. The department, after consultation with the office [for the
21 prevention of] to end domestic and gender-based violence and statewide
22 domestic violence advocacy groups, shall by regulation establish
23 requirements for social services districts to notify all applicants and,
24 upon recertification, recipients, of procedures for protection from
25 domestic violence and the availability of services. Such notice shall
26 inform applicants and recipients that the social services district will
27 make periodic inquiry regarding the existence of domestic violence
28 affecting the individual. Such notice shall also inform individuals
29 that response to these inquiries is voluntary and confidential;
30 provided, however, that information regarding neglect or abuse of chil-
31 dren will be reported to child protective services.
32 2. Such inquiry shall be performed utilizing a universal screening
33 form to be developed by the department after consultation with the
34 office [for the prevention of] to end domestic and gender-based violence
35 and statewide domestic violence advocacy groups. Such screening may be
36 conducted by telephone or other digital means at the request of the
37 applicant or recipient. An individual may request such screening at any
38 time, and any individual who at any time self identifies as a victim of
39 domestic or gender-based violence shall be afforded the opportunity for
40 such screening.
41 3. An individual indicating the presence of domestic violence, as a
42 result of such screening, shall be promptly referred to a domestic
43 violence liaison who meets training requirements established by the
44 department, after consultation with the office [for the prevention of]
45 to end domestic and gender-based violence and statewide domestic
46 violence advocacy groups.
47 § 22. The opening paragraph of subdivision 2 and the opening paragraph
48 of subdivision 3 of section 427-a of the social services law, as added
49 by chapter 452 of the laws of 2007, are amended to read as follows:
50 Any social services district interested in implementing a differential
51 response program shall apply to the office of children and family
52 services for permission to participate. The criteria for a social
53 services district to participate will be determined by the office of
54 children and family services after consultation with the office [for the
55 prevention of] to end domestic and gender-based violence, however the
A. 3387 20
1 social services district's application must include a plan setting forth
2 the following:
3 The criteria for determining which cases may be placed in the assess-
4 ment track shall be determined by the local department of social
5 services, in conjunction with the office of children and family services
6 and after consultation with the office [for the prevention of] to end
7 domestic and gender-based violence. Provided, however, that reports
8 including any of the following allegations shall not be included in the
9 assessment track of a differential response program:
10 § 23. Subdivision (a) of section 483-cc of the social services law, as
11 amended by chapter 368 of the laws of 2015, is amended to read as
12 follows:
13 (a) As soon as practicable after a first encounter with a person who
14 reasonably appears to a law enforcement agency, district attorney's
15 office, or an established provider of social or legal services desig-
16 nated by the office of temporary and disability assistance, the office
17 [for the prevention of] to end domestic and gender-based violence or the
18 office of victim services to be a human trafficking victim, that law
19 enforcement agency or district attorney's office shall notify the office
20 of temporary and disability assistance and the division of criminal
21 justice services that such person may be eligible for services under
22 this article or, in the case of an established provider of social or
23 legal services, shall notify the office of temporary and disability
24 assistance and the division of criminal justice services if such victim
25 consents to seeking services pursuant to this article.
26 § 24. Subdivision (a) of section 483-ee of the social services law, as
27 amended by chapter 413 of the laws of 2016, is amended to read as
28 follows:
29 (a) There is established an interagency task force on trafficking in
30 persons, which shall consist of the following members or their desig-
31 nees: (1) the commissioner of the division of criminal justice services;
32 (2) the commissioner of the office of temporary and disability assist-
33 ance; (3) the commissioner of health; (4) the commissioner of the office
34 of mental health; (5) the commissioner of labor; (6) the commissioner of
35 the office of children and family services; (7) the commissioner of the
36 office of alcoholism and substance abuse services; (8) the director of
37 the office of victim services; (9) the executive director of the office
38 [for the prevention of] to end domestic and gender-based violence; and
39 (10) the superintendent of the division of state police; and the follow-
40 ing additional members, who shall be promptly appointed by the governor,
41 each for a term of two years, provided that such person's membership
42 shall continue after such two year term until a successor is appointed
43 and provided, further, that a member may be reappointed if again recom-
44 mended in the manner specified in this subdivision: (11) two members,
45 who shall be appointed on the recommendation of the temporary president
46 of the senate; (12) two members, who shall be appointed on the recommen-
47 dation of the speaker of the assembly; (13) two members, who shall be
48 appointed on the recommendation of the not-for-profit organization in
49 New York state that receives the largest share of funds, appropriated by
50 and through the state budget, for providing services to victims of human
51 trafficking, as shall be identified annually in writing by the director
52 of the budget; and (14) one member, who shall be appointed on the recom-
53 mendation of the president of the New York state bar association; and
54 others as may be necessary to carry out the duties and responsibilities
55 under this section. The task force will be co-chaired by the commission-
56 ers of the division of criminal justice services and the office of
A. 3387 21
1 temporary and disability assistance, or their designees. It shall meet
2 as often as is necessary, but no less than three times per year, and
3 under circumstances as are appropriate to fulfilling its duties under
4 this section. All members shall be provided with written notice reason-
5 ably in advance of each meeting with date, time and location of such
6 meeting.
7 § 25. Subdivision 3 of section 97-yyy of the state finance law, as
8 added by chapter 634 of the laws of 2002, is amended to read as follows:
9 3. Moneys of the fund, following appropriation by the legislature and
10 allocation by the director of the budget, shall be available for the
11 purpose of funding expenses of the office [for the prevention of] to end
12 domestic and gender-based violence for educational and prevention
13 programs undertaken pursuant to article twenty-one of the executive law.
14 § 26. Wherever the term "office for the prevention of domestic
15 violence" appears in the consolidated or unconsolidated laws of this
16 state, such term shall hereby mean "office to end domestic and gender-
17 based violence".
18 § 27. This act shall take effect immediately; provided however that
19 the amendments to subdivision (a) of section 483-ee of the social
20 services law made by section twenty-four of this act shall not affect
21 the repeal of such subdivision and shall be deemed repealed therewith;
22 and provided, further, that paragraphs (o) and (p) of subdivision 3 of
23 section 575 of the executive law made by section two of this act shall
24 take effect on the same date and in the same manner as chapter 740 of
25 the laws of 2022, takes effect.
