New York State Assembly

 
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A04467 Summary:

A04467 Actions:

A04467 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:05/21/2019AYE/NAY:14/0  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Aye
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:05/30/2019AYE/NAY:19/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Excused
Pretlow
Aye
Montesano
Excused
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Absent
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A04467 Floor Votes:

A04467 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4467A
 
SPONSOR: Zebrowski

 
TITLE OF BILL:  An act to amend the executive law, in relation to the
reporting of domestic violence incidents
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill would allow a victim of a domestic incident to make a
complaint to any local law enforcement agency in the state regardless of
where the act took place.
 
 
SUMMARY OF PROVISIONS:
 
Section one of this bill amends the section 646 of the executive law as
it relates to allowing a victim of a domestic incident to make a
complaint to any local law enforcement agency in the state regardless of
where the act took place. Such local law enforcement agency shall take a
police report and a domestic incident report. The law enforcement agency
shall forward the reports to the law enforcement agency with jurisdic-
tion over the location where the incident occurred for the further
investigation.
 
Section two relates to the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
This bill has been amended to make technical corrections to clarify the
purpose of the bill.
 
 
JUSTIFICATION: A victim of domestic violence may have to leave the
scene of the domes- tic incident for his or her own safety. In certain
cases, the victim may go to stay at the residence of a friend or family
member that is not in the same law enforcement jurisdiction as the
jurisdiction where the incident is reported to occur. Due to the fact
that the victim is no longer in the same jurisdiction as the incident,
the victim may be unable to report the domestic incident to the police
unless he or she returns to the same jurisdiction.  Thus, the victim may
run the risk of further harm from his or her abuser. This legislation
would directly address this situation and allow a victim of a domestic
incident to make a complaint to any local law enforcement agency in the
state regardless of where the act took place.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.11346 of 2017-18
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

A04467 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4467--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI, JAFFEE, FERNANDEZ, REYES, HEVESI,
          MOSLEY, BARRON, FINCH -- read once and referred to  the  Committee  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 reporting of
          domestic violence incidents
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 646 of the executive law, as amended by chapter 346
     2  of the laws of 2007, is amended by adding a new subdivision 3 to read as
     3  follows:
     4    3.  An  individual  who  has been the victim in this state of a family
     5  offense as defined in subdivision one of section 530.11 of the  criminal
     6  procedure  law  or  section eight hundred twelve of the family court act
     7  may, upon alleging that it would be a hardship for him or  her  to  make
     8  such complaint in the local jurisdiction in which such offense occurred,
     9  make  a  complaint  to  any  local  law  enforcement agency in the state
    10  regardless of where the act took place. Such local law enforcement agen-
    11  cy shall take a police report of the matter, as well as prepare a domes-
    12  tic violence incident  report  as  defined  in  subdivision  fifteen  of
    13  section  eight  hundred  thirty-seven  of  this  chapter and provide the
    14  complainant with a copy of such report free of charge.  A  copy  of  the
    15  police  report  and completed domestic violence incident report shall be
    16  promptly forwarded to the appropriate law enforcement agency with juris-
    17  diction over the  location  where  the  incident  is  reported  to  have
    18  occurred for the purposes of further investigation.
    19    §  2.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06560-06-9

A04467 LFIN:

 
NO LFIN

A04467 Chamber Video/Transcript: