Relates to the rights of sexual assault survivors during the investigative process; establishes a task force to study and assess sexual assault survivors' rights and services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11064A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the executive law, in relation to the rights of sexual
assault survivors during the investigative process and establishing a
task force to study and assess sexual assault survivors' rights and
services
PURPOSE:
To strengthen the rights of sexual assault survivors during the investi-
gative process by allowing them to choose the gender of the law enforce-
ment officer conducting the interview and allowing a support person
during the investigation. This bill also creates a sexual assault survi-
vors task force to improve the services provided to, survivors during
the investigative process and in general.
SUMMARY OF PROVISIONS:
Section one of the bill amends § 642 of the executive law to define
sexual assault survivor and survivor as the victim of a crime under
article one hundred and thirty (sex offenses) or sections 255.25,
255.26, or 255.27 (incest in the third, second, and first degree respec-
tively).This section also establishes the right to have a support person
present during their interview by law enforcement and the right to
request to be interviewed by a law enforcement official of the gender of
the survivors choosing.Finally, this section expands the requirement of
police departments to provide victims of sex offenses with the name,
address, and telephone of the nearest rape crisis center in writing to
also provide that information to sexual assault survivors.
Section two of the bill add § 637 to the executive law to establish a
sexual assault survivors task force to study and make recommendations on
the services provided to survivors across the state, including during
the investigative process.
Section three of the bill amends § 840 of the executive law to require
the techniques the municipal police training council use for interview-
ing sexual assault victims to be trauma-informed and evidence based.
Section four of the bill provides the effective date.
JUSTIFICATION:
New York State has taken meaningful steps to establish comprehensive
rights for survivors of sexual assault, but there is still more to be
done to ensure that survivors feel safe and comfortable to report and
receive services. The New York State Coalition Against Sexual Assault
(NYSCASA) reported that between 2018 and 2022, the majority of survivors
did not report their assaults to law enforcement.Only 18% of respondents
reported their assault, while 59% chose not to involve the police. This
aligns with national trends, where approximately 25% of sexual assault
incidents are reported. Mistrust in law enforcement plays a significant
role in the underreporting of sexual assault. According to NYSCASA's
survey, 13.1% of respondents indicated that they did not trust the
police to help them due to their racial, ethnic, or gender identity.This
mistrust is further compounded by the perception (according to 24.6% of
respondents) that the police may not conduct a thorough investigation.
Additionally, previous negative interactions with law enforcement
contribute to this hesitancy, with about 14% of survey respondents expe-
riencing one or more negative encounters with the police, which deterred
them from seeking help again.
This bill aligns New York with existing laws in other states by granting
sexual assault survivors the right to request a person of the gender of
their choice to be present during any interview and granting survivors
the right to have a support person during all stages of any interview by
law enforcement.
In addition to strengthening survivor rights during investigative inter-
actions, this legislation establishes a Sexual Assault Survivors Task
Force to study the rights of sexual assault survivors and evaluate the
services available to them throughout New York State. Although New York
maintains a network of rape crisis centers and sexual assault service
providers that offer counseling, advocacy, and support to survivors
navigating medical and legal systems, service providers continue to
report increasing demand for services and disparities in access across
different geographic regions and communities. Advocacy organizations
working with survivors have noted that limited staffing, uneven distrib-
ution of services, and insufficient data about survivor needs can create
barriers to accessing timely counseling and advocacy services. The task
force created by this legislation will bring together survivors, service
providers, government agencies, and community organizations to conduct a
comprehensive review of survivor rights and services across the state.
The task force will also collect statewide data regarding survivor
access to services generally and during the investigative process, and
gather feedback from survivors, practitioners, vi ctim service provid-
ers, and health care professionals to inform future best practices and
policy recommendations. It also requires that the techniques the munici-
pal police training council use for interviewing sexual assault victims
to be trauma-informed and evidence based.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
11064--A
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the rights of sexual
assault survivors during the investigative process and establishing a
task force to study and assess sexual assault survivors' rights and
services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 642 of the executive law, as added by chapter 94 of
2 the laws of 1984, subdivision 1 as amended by chapter 193 of the laws of
3 2006, subdivision 2-a as amended by chapter 301 by the laws of the 1991,
4 paragraph (a) of subdivision 2-a as amended by chapter 320 of the laws
5 of 2006, subdivision 3 as amended by chapter 893 of the laws of 1986,
6 subdivision 5 as amended by chapter 263 of the laws of 1986 and subdivi-
7 sion 6 as added by chapter 468 of the laws of 2025, is amended to read
8 as follows:
9 § 642. Criteria for fair treatment standards. Such fair treatment
10 standards shall provide that:
11 1. The victim of a violent felony offense, a felony involving physical
12 injury to the victim, a felony involving property loss or damage in
13 excess of two hundred fifty dollars, a felony involving attempted or
14 threatened physical injury or property loss or damage in excess of two
15 hundred fifty dollars or a felony involving larceny against the person
16 shall, unless [he or she] the victim refuses or is unable to cooperate
17 or [his or her] the victim's whereabouts are unknown, be consulted by
18 the district attorney in order to obtain the views of the victim regard-
19 ing disposition of the criminal case by dismissal, plea of guilty or
20 trial. In such a case in which the victim is a minor child, or in the
21 case of a homicide, the district attorney shall, unless the family
22 refuses or is unable to cooperate or [his, her or their] the victim's
23 whereabouts are unknown, consult for such purpose with the family of the
24 victim. In addition, the district attorney shall, unless [he or she] the
25 victim's (or, in the case in which the victim is a minor child or a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15154-06-6
A. 11064--A 2
1 victim of homicide, [his or her] the victim's family) refuses or is
2 unable to cooperate or [his, her or their] the victim's whereabouts are
3 unknown, consult and obtain the views of the victim or family of the
4 victim, as appropriate, concerning the release of the defendant in the
5 victim's case pending judicial proceedings upon an indictment, and
6 concerning the availability of sentencing alternatives such as community
7 supervision and restitution from the defendant. The failure of the
8 district attorney to so obtain the views of the victim or family of the
9 victim shall not be cause for delaying the proceedings against the
10 defendant nor shall it affect the validity of a conviction, judgment or
11 order.
12 2. The victims and other prosecution witnesses shall, where possible,
13 be provided, when awaiting court appearances, a secure waiting area that
14 is separate from all other witnesses.
15 [2-a. (a)] 3. For the purposes of this section, a "sexual assault
16 survivor" or "survivor" shall mean the victim of a crime under article
17 one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law.
18 4. All police departments, as that term is defined in subdivision a of
19 section eight hundred thirty-seven-c of this chapter, district attor-
20 neys' offices and presentment agencies, as that term is defined in
21 subdivision twelve of section 301.2 of the family court act, shall
22 provide a private setting for interviewing [victims of a crime defined
23 in article one hundred thirty or section 255.25, 255.26 or 255.27 of the
24 penal law] sexual assault survivors. For purposes of this subdivision,
25 "private setting" shall mean an enclosed room from which the occupants
26 are not visible or otherwise identifiable, and whose conversations
27 cannot be heard, from outside such room. Only (i) those persons directly
28 and immediately related to the interviewing of a particular [victim]
29 survivor, (ii) [the victim, (iii)] a social worker, rape crisis counse-
30 lor, psychologist or other professional providing emotional support to
31 the [victim] survivor, unless the [victim] survivor objects to the pres-
32 ence of such person and requests the exclusion of such person from the
33 interview or interviews, and [(iv)] (iii) where appropriate, the parent
34 or parents of the [victim] survivor, or a support person of the survi-
35 vor's choosing, if requested by the [victim] survivor, shall be present
36 during the interview or interviews of the [victim] survivor. Before
37 conducting a substantive interview of the survivor, a law enforcement
38 official shall verbally inform the survivor of the right to have such
39 persons present.
40 [(b)] 5. Before conducting a substantive interview of a sexual
41 assault survivor, a police department or law enforcement agency shall
42 inform the survivor that the survivor may request that the primary
43 interviewer be of a particular gender. The police department or law
44 enforcement agency shall make reasonable efforts to accommodate such
45 request, including, where practicable, seeking assistance from another
46 police department or law enforcement agency. If the police department or
47 law enforcement agency is unable to fulfill this request, the police
48 department or law enforcement agency shall make reasonable efforts to
49 ensure at least one approved person in the interview room, in addition
50 to the survivor, is the gender that the survivor is requesting.
51 6. All police departments, as that term is defined in subdivision a of
52 section eight hundred thirty-seven-c of this chapter, shall provide
53 [victims of a crime defined in article one hundred thirty of the penal
54 law] sexual assault survivors with the name, address, and telephone of
55 the nearest rape crisis center in writing.
A. 11064--A 3
1 [3.] 7. Law enforcement agencies and district attorneys shall promptly
2 return property held for evidentiary purposes unless there is a compel-
3 ling reason for retaining it relating to proof at trial.
4 [4.] 8. The victim or witness who so requests shall be assisted by law
5 enforcement agencies and district attorneys in informing employers that
6 the need for victim and witness cooperation in the prosecution of the
7 case may necessitate absence of that victim or witness from work. In
8 addition, a victim or witness who, as a direct result of a crime or of
9 cooperation with law enforcement agencies or the district attorney in
10 the investigation or prosecution of a crime is unable to meet obli-
11 gations to a creditor, creditors or others should be assisted by such
12 agencies or the district attorney in providing to such creditor, credi-
13 tors or others accurate information about the circumstances of the
14 crime, including the nature of any loss or injury suffered by the
15 victim, or about the victim's or witness' cooperation, where appropri-
16 ate.
17 [5.] 9. Victim assistance education and training, with special consid-
18 eration to be given to victims of domestic violence, sex offense
19 victims, elderly victims, child victims, and the families of homicide
20 victims, shall be given to persons taking courses at state law enforce-
21 ment training facilities and by district attorneys so that victims may
22 be promptly, properly and completely assisted.
23 [6.] 10. A victim of an assault may choose to make their statement at
24 their workplace provided such workplace was the scene of the assault and
25 is a hospital, emergency medical facility, nursing home, or residential
26 health care facility as defined in section twenty-eight hundred one of
27 the public health law, or is a facility or hospital as defined in
28 section 1.03 of the mental hygiene law. Law enforcement officers shall
29 inform the victim of their right to have their statement be taken at
30 such workplace when officers have reason to believe the victim was
31 assaulted pursuant to section 120.05 of the penal law.
32 § 2. The executive law is amended by adding a new section 637 to read
33 as follows:
34 § 637. Sexual assault survivors task force. 1. A sexual assault survi-
35 vors task force is hereby established to study, evaluate and determine
36 the rights of sexual assault victims and the services available to them.
37 2. The task force shall include no more than fifteen members, selected
38 and staffed, unless otherwise indicated, by the office of victim
39 services, the department of criminal justice services, and the depart-
40 ment of health, and shall consist of:
41 (a) the director of the office of victim services, or the director's
42 designee;
43 (b) the commissioner of criminal justice services, or the commission-
44 er's designee;
45 (c) the commissioner of health, or the commissioner's designee;
46 (d) a survivor of sexual assault who is a resident of New York state;
47 (e) a representative of rape crisis centers;
48 (f) a representative of the state department of education, whose occu-
49 pational duties include the provision of direct services to victims of
50 sexual assault;
51 (g) a representative of an organization that provides services, educa-
52 tion, or outreach to communities of color or immigrant communities;
53 (h) a representative of an organization that provides services, educa-
54 tion, or outreach to lesbian, gay, bisexual, and transgender individ-
55 uals; and
56 (i) other individuals or representatives selected by the office.
A. 11064--A 4
1 3. The task force shall:
2 (a) recommend methods to develop and implement an effective mechanism
3 for submitting, tracking and investigating complaints regarding the
4 handling of, or response to, a sexual assault report or investigation by
5 any agency or organization involved in the response;
6 (b) determine the need for additional services across New York state
7 for survivors of sexual assault, and if such a need does exist, the task
8 force shall create a plan for how the state can provide additional sexu-
9 al assault services to meet the needs identified, and determine the cost
10 of funding such a plan; and
11 (c) examine the need to maintain the task force after the final report
12 is issued.
13 4. The members of the task force shall receive no compensation for
14 their services, but shall be allowed their actual and necessary expenses
15 incurred in the performance of their services.
16 5. The task force shall collect data regarding access to sexual
17 assault survivor services, access to support during the investigative
18 process by law enforcement for those that report a sexual assault, and
19 any other data important for its deliberations and recommendations. The
20 task force shall collect feedback from survivors of sexual assault,
21 stakeholders, practitioners, leadership throughout the state, victim
22 services providers and health care communities to inform development of
23 future best practices or clinical guidelines regarding the care and
24 treatment of survivors.
25 6. No later than eighteen months after the effective date of this
26 section, the task force shall provide a report containing the results of
27 the study, including assessments, developments, and recommendations, to
28 the governor, attorney general, temporary president of the senate, the
29 minority leader of the senate, the speaker of the assembly, and the
30 minority leader of the assembly. The task force shall also make the
31 report public by posting a copy on the website of the office.
32 7. The task force shall be reconvened on an ongoing basis every five
33 years in perpetuity, or until it is determined that the provisions of
34 this section have been effectively implemented to ensure the rights of
35 all survivors in New York state.
36 § 3. Paragraph (a) of subdivision 4 of section 840 of the executive
37 law, as added by chapter 506 of the laws of 2011, is amended to read as
38 follows:
39 (a) Develop, maintain and disseminate, in consultation with rape
40 crisis centers experienced in assisting victims in this state, written
41 policies and procedures consistent with applicable provisions of the
42 family court act, domestic relations law, criminal procedure law and the
43 penal law, regarding the investigation of and intervention by new and
44 veteran police officers in crimes involving sexual assault. Such poli-
45 cies and procedures shall make provisions for education and training of
46 new and veteran police officers in the investigation and enforcement of
47 crimes involving sexual assault under state law, including but not
48 limited to:
49 (1) trauma-informed, evidence-based techniques for interviewing and
50 interacting with sexual assault victims,
51 (2) fair treatment standards for crime victims pursuant to article
52 twenty-three of this chapter,
53 (3) evidence gathering and evidence preservation, and
54 (4) dissemination of information concerning availability of local
55 services for the victims of such crimes; and
56 § 4. This act shall take effect immediately.
