Joyner, Dickens, Galef, Taylor, Lavine, Hunter, Davila, Williams
MLTSPNSR
Epstein, Griffin, Hevesi, Hyndman, Simon
Amd 840, add 214-h, Exec L
Requires the municipal police training council and the division of state police to develop policies and procedures for police officers to notify family members in-person of a relative's death in certain circumstances.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3429A
SPONSOR: Cook (MS) TITLE OF BILL:
An act to amend the executive law, in relation to policies and proce-
dures regarding death notifications
PURPOSE:
Establish policies and procedures for police officers to notify next of
kin of an individual's death.
SUMMARY OF PROVISIONS:
Section one amends section 840 of the executive law by adding a new
section which would provide that the municipal police training council
develop policies and procedures regarding in-person notifications to a
deceased individual's next of kin in collaboration with the Office of
Victim Services and sets forth certain information such policies shall
include but not be limited to. It would also provide that the council
would recommend to the governor rules and regulations regarding training
current and new police officers.
Section two amends the executive law by adding a new section 214-h which
would provide that the superintendent of state police develop policies
and procedures regarding in-person notifications to a deceased individ-
ual's next of kin in collaboration with the Office of Victim Services
and sets forth certain information such policies shall include but not
be limited to. It would also provide that the superintendent would
recommend to the governor rules and regulations regarding training
current and new police officers.
Section three sets forth the effective date; 180 days after enactment
plus authorization for rules and regulations to be adjusted, if need be.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
This bill was changed to amend executive law rather than vehicle and
traffic law and includes provisions for municipal police and state
police to develop policies and procedures regarding the notification of
next of kin of an individual's death.
JUSTIFICATION:
Receiving the news that a loved one or a family-member has died is an
exceptionally emotional and sensitive occurrence. The family members
will never be able to adequately prepare themselves for such harrowing
news, thus the mode via which it is delivered is significant, import and
a matter of public policy. Thoughtfulness and sensitivity are paramount
as well as empathy and in-person communication has the potential to
provide a human touch and help provide family members with outlets, or
resources they can go to or use to help them cope with their loss.
There is currently no uniform policy in our state relative to such
notifications. In one such notification, a police officer taped a yellow
sticky note to the family's front door informing them to call the morgue
because their daughter had been killed. Also cited were families who
frequently received death notifications over the telephone. In one such
telephone delivery, a father suffered a heart attack and subsequently
died following the notification from a Medical examiner's employee seek-
ing dental records for his son who had died in a vehicle fire. In addi-
tion, an Omaha Nebraska Police officer was fired after leaving a death
notification on a family's answering machine.
As a matter of public policy we can do better. This bill provides clear
and reasonable standards for notification, which is the least we as a
society can expect when unforeseen tragedy is present.
LEGISLATIVE HISTORY:
2017/18: A.3024/S.1018
2019/20: A.4546-A/S.2792-A
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
3429--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 26, 2021
___________
Introduced by M. of A. COOK, JOYNER, DICKENS, GALEF, TAYLOR, LAVINE,
HUNTER, DAVILA, WILLIAMS -- Multi-Sponsored by -- M. of A. EPSTEIN,
GRIFFIN, HEVESI, HYNDMAN, SIMON -- read once and referred to the
Committee on Transportation -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to policies and proce-
dures regarding death notifications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 840 of the executive law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. The council shall, in addition:
4 (a) Develop, maintain and disseminate, in collaboration with the
5 office of victim services, a model law enforcement death notification
6 policy setting forth recommended policies and procedures regarding
7 in-person death notifications to a deceased individual's next of kin.
8 Such policies and procedures shall make provisions for education and
9 training of current and new police officers in the planning, prepara-
10 tion, and delivery of in-person death notifications, including but not
11 limited to, policies and procedures for:
12 (i) the identification of the deceased individual, the collection of
13 accurate information regarding the deceased individual, and the iden-
14 tification of the deceased individual's next of kin; and
15 (ii) the actual delivery of in-person death notifications to the
16 deceased's next of kin within twenty-four hours following the identifi-
17 cation of such individual; provided, however, such policies and proce-
18 dures shall provide that, in the event that an in-person death notifica-
19 tion cannot be provided to the deceased individual's next of kin within
20 such timeframe, the failure or delay of such notification shall be docu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07720-02-2
A. 3429--A 2
1 mented and such notification shall instead be made as soon as practica-
2 ble.
3 (b) Recommend to the governor rules and regulations with respect to
4 the establishment and implementation on an ongoing basis of a training
5 program for all current and new police officers regarding the policies
6 and procedures established pursuant to this subdivision, along with
7 recommendations for periodic retraining of police officers.
8 (c) Disseminate the model law enforcement death notification policy
9 promulgated in accordance with this subdivision to all police depart-
10 ments in this state and develop a model training program for all current
11 and new police officers regarding the policies and procedures estab-
12 lished pursuant to such subdivision.
13 § 2. The executive law is amended by adding a new section 214-h to
14 read as follows:
15 § 214-h. Model law enforcement death notification policy. The super-
16 intendent, in collaboration with the office of victim services, shall,
17 for all members of the division of state police:
18 1. Develop, maintain and disseminate a model law enforcement death
19 notification policy setting forth recommended policies and procedures
20 regarding in-person death notifications to a deceased individual's next
21 of kin. Such policies and procedures shall make provisions for education
22 and training of current and new police officers in the planning, prepa-
23 ration, and delivery of in-person death notifications, including but not
24 limited to, policies and procedures for:
25 (a) the identification of the deceased individual, the collection of
26 accurate information regarding the deceased individual, and the iden-
27 tification of the deceased individual's next of kin; and
28 (b) the actual delivery of in-person death notifications to the
29 deceased individual's next of kin within twenty-four hours following the
30 identification of such individual; provided, however, such policies and
31 procedures shall provide that, in the event that an in-person death
32 notification cannot be provided to the deceased individual's next of kin
33 within such timeframe, the failure or delay of such notification shall
34 be documented and such notification shall instead be made as soon as
35 practicable.
36 2. Recommend to the governor rules and regulations with respect to the
37 establishment and implementation on an ongoing basis of a training
38 program for all current and new police officers regarding the policies
39 and procedures established pursuant to this section, along with recom-
40 mendations for periodic retraining of police officers.
41 3. Disseminate the model law enforcement death notification policy
42 promulgated in accordance with this section to all members of the state
43 police and develop a model training program for all current and new
44 police officers regarding the policies and procedures established pursu-
45 ant to such section.
46 § 3. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law. Effective immediately, the addition, amend-
48 ment and/or repeal of any rule or regulation necessary for the implemen-
49 tation of this act on its effective date are authorized to be made and
50 completed on or before such effective date.
