Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place.
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.
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
