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.
STATE OF NEW YORK
________________________________________________________________________
1965
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
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, paragraph (o) of subdivision 3 as
10 amended by chapter 23 of the laws of 2023, paragraph (p) of subdivision
11 3 as relettered by chapter 740 of the laws of 2022, subdivisions 7 and 8
12 as added by chapter 396 of the laws of 1994, subdivision 9 as added by
13 chapter 368 of the laws of 1997, subdivision 10 as added by section 3 of
14 part A of chapter 491 of the laws of 2012 and paragraph (d) of subdivi-
15 sion 10 as amended by chapter 248 of the laws of 2017, is amended to
16 read as follows:
17 § 575. New York state office [for the prevention of] to end domestic
18 and gender-based violence. 1. Establishment of office. There is hereby
19 established within the executive department the "New York state office
20 [for the prevention of] to end domestic and gender-based violence",
21 hereinafter in this section referred to as the "office".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03213-01-5
A. 1965 2
1 2. Duties and responsibilities. The office shall advise the governor
2 and the legislature on the most effective ways for state government to
3 respond to the problem of domestic and gender-based violence. In
4 fulfilling this responsibility, the office shall consult with experts,
5 service providers and representative organizations in the field of
6 domestic and gender-based violence and shall act as an advocate for
7 domestic and gender-based violence victims and survivor-centered
8 programs.
9 3. Definitions. For the purposes of this section the following terms
10 shall have the following meanings:
11 (a) "Domestic violence" means a pattern of behavior used by an indi-
12 vidual to establish and maintain power and control over their intimate
13 partner. Such behavior includes abusive and coercive tactics, threats
14 and actions that may or may not rise to the level of criminal behavior,
15 including, but not limited to, physical, emotional, financial, and sexu-
16 al abuse.
17 (b) "Gender-based violence" means threats to harm, or actual harms
18 committed against a person or persons based on actual or perceived sex,
19 gender, sexual orientation, gender identity or expression or other such
20 sex or gender related characteristics. "Gender-based violence" shall
21 include, but not be limited to, domestic violence; sexual violence;
22 human trafficking; reproductive coercion and violence; stalking; and
23 child-abuse as connected to gender-based violence. "Gender-based
24 violence" shall not include actions taken by a person in self-defense
25 against an act or series of acts of gender-based violence.
26 4. Activities. In addition, the office shall develop and implement
27 policies and programs designed to assist victims of domestic and
28 gender-based violence and their families, and to provide education and
29 prevention, training and technical assistance. Such domestic and
30 gender-based violence-related activities shall include, but not be
31 limited to:
32 (a) Serving as a clearinghouse for information and materials;
33 (b) Developing and coordinating community outreach and public educa-
34 tion throughout the state;
35 (c) Developing and delivering training to professionals, including but
36 not limited to professionals in the fields of:
37 (i) domestic and gender-based violence;
38 (ii) health and mental health;
39 (iii) social and human services;
40 (iv) public education;
41 (v) law enforcement and criminal justice;
42 (vi) alcohol and substance abuse;
43 (d) Developing and promoting school-based prevention programs;
44 (e) Providing technical assistance to state and local government
45 bodies and other agencies and to private businesses and not-for-profit
46 corporations, on effective survivor-centered policies and responses to
47 domestic and gender-based violence, including development of model
48 [domestic violence] policies[, pursuant to subdivisions seven, eight and
49 nine of this section];
50 (f) Promoting and facilitating interagency cooperation among state
51 agencies and intergovernmental cooperation between different levels of
52 government in the state in the delivery and/or funding of survivor-cen-
53 tered services;
54 (g) Operating, in collaboration with survivors, state coalitions, and
55 other stakeholders, as an advocate for [domestic violence services and]
56 victims and for survivor-centered domestic and gender-based violence
A. 1965 3
1 services, including periodic solicitation of input from survivors and
2 service providers regarding successes, challenges, and needs;
3 (h) Undertaking program and services needs assessments on its own
4 initiative or at the request of the governor, the legislature or service
5 providers;
6 (i) Examining the relationship between domestic and gender-based
7 violence and other problems and making recommendations for effective
8 policy response;
9 (j) Collecting data, conducting research, and holding public hearings;
10 (k) Making periodic reports to the governor and the legislature recom-
11 mending policy and program directions and reviewing the activities of
12 the office;
13 (l) [Developing] Working with stakeholders in developing and promoting
14 [senior center based] gender-based violence prevention programs;
15 (m) [promoting best practices for abusive partner intervention] Inves-
16 tigating, establishing and promoting best practices for accountability
17 for those who harm their intimate partners;
18 (n) Administering grant funds appropriated and made available to
19 support compliance with article one hundred [twenty-nine-b]
20 twenty-nine-B of the education law; and undertaking such actions,
21 duties, and responsibilities as may be necessary to serve the purpose of
22 article one hundred [twenty-nine-b] twenty-nine-B of the education law;
23 and
24 (o) (i) Within amounts appropriated for such purpose, the office shall
25 contract with an organization designated by the federal department of
26 health and human services to coordinate statewide improvements within
27 local communities, social services systems, and programming regarding
28 the prevention and intervention of domestic violence in New York state
29 to mutually develop a training program as described in this paragraph.
30 The office and such organization shall be responsible for providing such
31 training to psychiatrists, psychologists and social workers who are
32 licensed in the state of New York, so that such individuals may conduct
33 court ordered forensic evaluations, involving child custody and visita-
34 tion pursuant to paragraph (a-3) of subdivision one of section two
35 hundred forty of the domestic relations law; for consulting with domes-
36 tic violence service providers and representative organizations in the
37 field of domestic violence when such training is provided in their
38 communities; and for reviewing and updating training topics at least
39 once every two years. Such training shall include, but not be limited
40 to, a review of: relevant statutes; case law and psychological defi-
41 nitions of domestic violence; coercive control and child abuse; the
42 dynamics and effects of domestic and gender-based violence and child
43 abuse, including but not limited to, emotional, financial, physical,
44 technological and sexual abuse; the barriers and fears associated with
45 reporting domestic and gender-based violence and child abuse and why
46 victims may not have documented evidence of abuse; tactics commonly used
47 by one party to induce fear in another party or child, including verbal,
48 emotional, psychological, and/or economic abuse, isolating techniques,
49 coercive control, and monitoring of a partner's location and activities;
50 litigation abuse and demands for custody or joint custody in order to
51 pressure the partner to return or punish the partner for leaving; trau-
52 ma, particularly as it relates to sexual abuse and the risks posed to
53 children and the long-term dangers and impacts imposed by the presence
54 of adverse childhood experiences; the increased risk of escalating
55 violence that occurs during child custody proceedings; and the danger of
A. 1965 4
1 basing child custody decisions on claims that a child's deficient or
2 negative relationship with a parent is caused by the other parent.
3 (ii) The office, in consultation with the organization designated by
4 the federal department of health and human services to coordinate state-
5 wide improvements within local communities, social services systems, and
6 programming regarding the prevention and intervention of domestic
7 violence in New York state, shall determine a reasonable number of
8 training-hours that shall be required for the first instance such
9 program is provided to psychiatrists, psychologists and social workers
10 and a reasonable number of training-hours that shall be required for
11 subsequent refresher courses provided to such individuals.
12 (iii) The organization designated by the federal department of health
13 and human services to coordinate statewide improvements within local
14 communities, social services systems, and programming regarding the
15 prevention and intervention of domestic violence in New York state shall
16 be responsible for providing a certification of completion to each
17 psychiatrist, psychologist or social worker who satisfies the require-
18 ments of such training program, so that such individuals may conduct
19 court ordered forensic evaluations involving child custody and visita-
20 tion pursuant to paragraph (a-3) of subdivision one of section two
21 hundred forty of the domestic relations law; and
22 (p) Any other activities including the making of and promulgation of
23 rules and regulations deemed necessary to facilitate the prevention of
24 domestic violence within the scope and purview of this article which are
25 not otherwise inconsistent with any other provisions of law.
26 [4.] 5. Advisory council. (a) An advisory council is hereby estab-
27 lished to make recommendations on domestic and gender-based violence
28 related issues and effective strategies [for the prevention of] to end
29 domestic and gender-based violence, to assist in the development of
30 appropriate policies and priorities for effective intervention, public
31 education and advocacy, and to facilitate and assure communication and
32 coordination of efforts among state agencies and between different
33 levels of government, state, federal, and municipal, [for the prevention
34 of] to end domestic and gender-based violence.
35 (b) The advisory council shall consist of nine members and seventeen
36 ex-officio members. Each member shall be appointed to serve for a term
37 of three years and shall continue in office until a successor appointed
38 member is made. A member appointed to fill a vacancy shall be appointed
39 for the unexpired term of the member [he or she] such member is to
40 succeed. All of the members shall be individuals with expertise in the
41 area of domestic and gender-based violence. Three members shall be
42 appointed by the governor, two members shall be appointed upon the
43 recommendation of the temporary president of the senate, two members
44 shall be appointed upon the recommendation of the speaker of the assem-
45 bly, one member shall be appointed upon the recommendation of the minor-
46 ity leader of the senate, and one member shall be appointed upon the
47 recommendation of the minority leader of the assembly. The ex-officio
48 members of the advisory board shall consist of the director of the
49 office, who shall chair the council, and the following members or their
50 designees: the commissioner of the office of temporary and disability
51 assistance; the commissioner of the department of health; the commis-
52 sioner of the education department; the commissioner of the office of
53 mental health; the commissioner of the office of addiction services and
54 supports; the commissioner of the division of criminal justice services;
55 the superintendent of the division of state police; the director of the
56 office of probation and correctional alternatives; the commissioner of
A. 1965 5
1 the office of children and family services; the director of the office
2 of victim services; the chief administrative judge of the office of
3 court administration; the commissioner of the department of labor; the
4 director of the state office for the aging; the commissioner of the
5 department of corrections and community supervision; the commissioner of
6 homes and community renewal; the chief executive officer of the New York
7 state coalition against domestic violence; and the executive director of
8 the New York state coalition against sexual assault.
9 (c) The advisory council shall meet as often as deemed necessary by
10 the chair but in no event less than two times per year.
11 (d) The members of the advisory council shall receive no salary or
12 other compensation for their services but shall be entitled to
13 reimbursement for actual and necessary expenses incurred in the perform-
14 ance of their duties within amounts made available by appropriation
15 therefor subject to the approval of the director of the budget. The
16 ex-officio members of the advisory council shall receive no additional
17 compensation for their services on the advisory council above the salary
18 they receive from the respective departments or divisions that employ
19 them.
20 [5.] 6. Executive director. (a) The governor shall appoint an execu-
21 tive director of the office who shall serve at the pleasure of the
22 governor.
23 (b) The executive director shall receive an annual salary fixed by the
24 governor within the amounts appropriated specifically therefor and shall
25 be entitled to reimbursement for reasonable expenses incurred in
26 connection with the performance of the director's duties.
27 (c) The director of the office, with the approval of the governor, may
28 accept as agent of the state any grant, including federal grants, or any
29 gift or donation for any of the purposes of this article. Any moneys so
30 received may be expended by the office to effectuate any purpose of this
31 article, subject to the applicable provisions of the state finance law.
32 (d) The executive director shall appoint staff and perform such other
33 functions to ensure the efficient operation of the office.
34 [6.] 7. Assistance of other agencies. The office may request and shall
35 receive in a timely manner from any department, division, board, bureau,
36 commission or agency of the state, such information and assistance as
37 shall enable it to properly carry out its powers and duties pursuant to
38 this article.
39 [7. Model domestic violence policy for counties. (a) The office shall
40 convene a task force of county level municipal officials, municipal
41 police and members of the judiciary, or their representatives, and
42 directors of domestic violence programs, including representatives from
43 a statewide advocacy organization for the prevention of domestic
44 violence, to develop a model domestic violence policy for counties. For
45 the purposes of this subdivision, "county" shall have the same meaning
46 as such term is defined in section three of the county law, except that
47 the city of New York shall be deemed to be one county. The office shall
48 give due consideration to the recommendations of the governor, the
49 temporary president of the senate and the speaker of the assembly for
50 participation by any person on the task force, and shall make reasonable
51 efforts to assure regional balance in membership.
52 (b) The purpose of the model policy shall be to provide consistency
53 and coordination by and between county agencies and departments, includ-
54 ing criminal justice agencies and the judiciary, and, as appropriate, by
55 municipalities or other jurisdictions within the county and other
56 governmental agencies and departments, by assuring that best practices,
A. 1965 6
1 policies, protocols and procedures are used to address the issue of
2 domestic violence, and to secure the safety of the victim including, but
3 not limited to:
4 (i) response, investigation and arrest policies by police agencies;
5 (ii) response by other criminal justice agencies, including disposi-
6 tion of domestic violence complaints, the provision of information and
7 orders of protection;
8 (iii) response by human services and health agencies, including iden-
9 tification, assessment, intervention and referral policies and responses
10 to victims and the perpetrators of domestic violence;
11 (iv) training and appropriate and relevant measures for periodic eval-
12 uation of community efforts; and
13 (v) other issues as shall be appropriate and relevant for the task
14 force to develop such policy.
15 (c) Such model policy shall be reviewed by the task force to assure
16 consistency with existing law and shall be made the subject of public
17 hearings convened by the office throughout the state at places and at
18 times which are convenient for attendance by the public, after which the
19 policy shall be reviewed by the task force and amended as necessary to
20 reflect concerns raised at the hearings. If approved by the task force,
21 such model policy shall be provided as approved with explanation of its
22 provisions to the governor and the legislature not later than two years
23 after the effective date of this subdivision. Notification of the avail-
24 ability of such model domestic violence policy shall be made by the
25 office to every county in the state, and copies of the policy shall be
26 made available to them upon request.
27 (d) The office in consultation with the task force, providers of
28 service, the advisory council and others, including representatives of a
29 statewide advocacy organization for the prevention domestic violence,
30 shall provide technical support, information and encouragement to coun-
31 ties to implement the provisions of the model policy on domestic
32 violence.
33 (e) Nothing contained in this subdivision shall be deemed to prevent
34 the governing body of a county from designating a local advisory commit-
35 tee to investigate the issues, work with providers of domestic violence
36 programs and other interested parties, and to aid in the implementation
37 of the policy required by this subdivision. Such governing body or advi-
38 sory committee may request and shall receive technical assistance from
39 the office for the development of such a policy. Implementation of the
40 model domestic violence policy may take place in a form considered
41 appropriate by the governing body of a county, including guidelines,
42 regulations and local laws.
43 (f) The office shall survey county governments within four years of
44 the effective date of this subdivision to determine the level of compli-
45 ance with the model domestic violence policy, and shall take such steps
46 as shall be necessary to aid county governments in the implementation of
47 such policy.]
48 8. State domestic violence policy. [(a) The office shall survey every
49 state agency to determine any activities, programs, rules, regulations,
50 guidelines or statutory requirements that have a direct or indirect
51 bearing on the state's efforts and abilities to address the issue of
52 domestic violence including, but not limited to, the provision of
53 services to victims and their families. Within two years of the effec-
54 tive date of this subdivision, the office shall compile such information
55 and provide a report, with appropriate comments and recommendations, to
56 the governor and the legislature. For the purposes of this subdivision,
A. 1965 7
1 "state agency" shall have the same meaning as such term is defined in
2 section two-a of the state finance law.
3 (b) Within three years of the effective date of this subdivision the
4 office shall recommend a state domestic violence policy consistent with
5 statute and best practice, policies, procedures and protocols to the
6 governor and the legislature. The purpose of such model policy shall be
7 to provide consistency and coordination by and between state agencies
8 and departments to address the issue of domestic violence. In developing
9 such model policy, the office shall consult with a statewide advocacy
10 organization for the prevention of domestic violence, and shall assure
11 that the advisory council reviews all data and recommendations and shall
12 not submit such model policy until approved by the advisory council.
13 Such recommendations shall be provided exclusive of any study or report
14 the office is required to undertake pursuant to a chapter of the laws of
15 nineteen hundred ninety-four, entitled "the family protection and domes-
16 tic violence intervention act of 1994".
17 (c)] No state agency shall promulgate a rule pursuant to the state
18 administrative procedure act, or adopt a guideline or other procedure,
19 including a request for proposals, directly or indirectly affecting the
20 provision of services to victims of domestic and gender-based violence,
21 or the provision of services by residential or non-residential domestic
22 violence programs, as such terms are defined in section four hundred
23 fifty-nine-a of the social services law, or establish a grant program
24 directly or indirectly affecting such victims of domestic or gender-
25 based violence or providers of service, without first consulting the
26 office, which shall provide all comments in response to such rules,
27 guidelines or procedures in writing directly to the chief executive
28 officer of such agency, to the administrative regulations review commit-
29 tee and to the appropriate committees of the legislature having juris-
30 diction of the subject matter addressed within two weeks of receipt
31 thereof, provided that failure of the office to respond as required
32 herein shall not otherwise impair the ability of such state agency to
33 promulgate a rule. This paragraph shall not apply to an appropriation
34 which finances a contract with a not-for-profit organization which has
35 been identified for a state agency without the use of a request for
36 proposals.
37 9. [Model domestic violence employee awareness and assistance policy.
38 (a) The office shall convene a task force including members of the busi-
39 ness community, employees, employee organizations, representatives from
40 the department of labor and the empire state development corporation,
41 and directors of domestic violence programs, including representatives
42 of statewide advocacy organizations for the prevention of domestic
43 violence, to develop a model domestic violence employee awareness and
44 assistance policy for businesses.
45 The office shall give due consideration to the recommendations of the
46 governor, the temporary president of the senate, and the speaker of the
47 assembly for participation by any person on the task force, and shall
48 make reasonable efforts to assure regional balance in membership.
49 (b) The purpose of the model employee awareness and assistance policy
50 shall be to provide businesses with the best practices, policies, proto-
51 cols and procedures in order that they ascertain domestic violence
52 awareness in the workplace, assist affected employees, and provide a
53 safe and helpful working environment for employees currently or poten-
54 tially experiencing the effects of domestic violence. The model plan
55 shall include but not be limited to:
A. 1965 8
1 (i) the establishment of a definite corporate policy statement recog-
2 nizing domestic violence as a workplace issue as well as promoting the
3 need to maintain job security for those employees currently involved in
4 domestic violence disputes;
5 (ii) policy and service publication requirements, including posting
6 said policies and service availability pamphlets in break rooms, on
7 bulletin boards, restrooms and other communication methods;
8 (iii) a listing of current domestic violence community resources such
9 as shelters, crisis intervention programs, counseling and case manage-
10 ment programs, legal assistance and advocacy opportunities for affected
11 employees;
12 (iv) measures to ensure workplace safety including, where appropriate,
13 designated parking areas, escort services and other affirmative safe-
14 guards;
15 (v) training programs and protocols designed to educate employees and
16 managers in how to recognize, approach and assist employees experiencing
17 domestic violence, including both victims and batterers; and
18 (vi) other issues as shall be appropriate and relevant for the task
19 force in developing such model policy.
20 (c) Such model policy shall be reviewed by the task force to assure
21 consistency with existing law and shall be made the subject of public
22 hearings convened by the office throughout the state at places and at
23 times which are convenient for attendance by the public, after which the
24 policy shall be reviewed by the task force and amended as necessary to
25 reflect concerns raised at the hearings. If approved by the task force,
26 such model policy shall be provided as approved with explanation of its
27 provisions to the governor and the legislature not later than one year
28 after the effective date of this subdivision. The office shall make
29 every effort to notify businesses of the availability of such model
30 domestic violence employee awareness and assistance policy.
31 (d) The office in consultation with the task force, providers of
32 services, the advisory council, the department of labor, the empire
33 state development corporation, and representatives of statewide advocacy
34 organizations for the prevention of domestic violence, shall provide
35 technical support, information, and encouragement to businesses to
36 implement the provisions of the model domestic violence employee aware-
37 ness and assistance policy.
38 (e) Nothing contained in this subdivision shall be deemed to prevent
39 businesses from adopting their own domestic violence employee awareness
40 and assistance policy.
41 (f) The office shall survey businesses within four years of the effec-
42 tive date of this section to determine the level of model policy
43 adoption amongst businesses and shall take steps necessary to promote
44 the further adoption of such policy.
45 10.] Fatality review team. (a) There shall be established within the
46 office a fatality review team for the purpose of analyzing, in conjunc-
47 tion with local representation, the domestic violence-related death or
48 near death of individuals, with the goal of:
49 (i) examining the trends and patterns of domestic violence-related
50 fatalities in New York state;
51 (ii) educating the public, service providers, and policymakers about
52 domestic violence fatalities and strategies for intervention and
53 prevention; and
54 (iii) recommending policies, practices, procedures, and services to
55 reduce fatalities due to domestic violence.
A. 1965 9
1 (b) A domestic violence-related death or near death shall mean any
2 death or near death caused by a family or household member as defined in
3 section eight hundred twelve of the family court act or section 530.11
4 of the criminal procedure law, except that there shall be no review of
5 the death or near death of a child for those cases in which the office
6 of children and family services is required to issue a fatality report
7 in accordance with subdivision five of section twenty of the social
8 services law.
9 (c) The team shall review deaths or near deaths in cases that have
10 been adjudicated and have received a final judgment and that are not
11 under investigation.
12 (d) Members of a domestic violence fatality review team shall be
13 appointed by the executive director[, in consultation with the advisory
14 council,] and shall include, but not be limited to, one representative
15 from the office of children and family services, the office of temporary
16 and disability assistance, the division of criminal justice services,
17 the state police, the department of health, the office of court adminis-
18 tration, the office of probation and correctional alternatives, the
19 department of corrections and community supervision, the office of
20 victim services, at least one representative from local law enforcement,
21 a county prosecutor's office, a local social services district, a member
22 of the judiciary, and a domestic violence services program approved by
23 the office of children and family services. A domestic violence fatality
24 review team may also include representatives from sexual assault
25 services programs, public health, mental health and substance abuse
26 agencies, hospitals, clergy, local school districts, local divisions of
27 probation, local offices of the department of corrections and community
28 supervision, the office of the medical examiner or coroner, any local
29 domestic violence task force, coordinating council or other interagency
30 entity that meets regularly to support a coordinated community response
31 to domestic violence, any other program that provides services to domes-
32 tic violence victims, or any other person necessary to the work of the
33 team, including survivors of domestic violence.
34 (e) The team shall identify potential cases and shall select which
35 deaths or near deaths will be reviewed each year. Localities may request
36 that the team conduct a review of a particular death or near death.
37 (f) The team shall work with officials and organizations within the
38 community where the death or near death occurred to conduct each review.
39 (g) Team members shall serve without compensation but are entitled to
40 be reimbursed for travel expenses to the localities where a fatality
41 review will be conducted and members who are full-time salaried officers
42 or employees of the state or of any political subdivision of the state
43 are entitled to their regular compensation.
44 (h) To the extent consistent with federal law, upon request the team
45 shall be provided client-identifiable information and records necessary
46 for the investigation of a domestic violence-related death or near death
47 incident, including, but not limited to:
48 (i) records maintained by a local social services district;
49 (ii) law enforcement records, except where the provision of such
50 records would interfere with an ongoing law enforcement investigation or
51 identify a confidential source or endanger the safety or welfare of an
52 individual;
53 (iii) court records;
54 (iv) probation and parole records;
55 (v) records from domestic violence residential or non-residential
56 programs;
A. 1965 10
1 (vi) records from any relevant service provider, program or organiza-
2 tion; and
3 (vii) all other relevant records in the possession of state and local
4 officials or agencies provided, however, no official or agency shall be
5 required to provide information or records concerning a person charged,
6 investigated or convicted in such death or near death in violation of
7 such person's attorney-client privilege.
8 (i) Any information or records otherwise sealed, confidential and
9 privileged in accordance with state law which are provided to the team
10 shall remain sealed, confidential, and privileged as otherwise provided
11 by law. All records received, meetings conducted, reports and records
12 made and maintained and all books and papers obtained by the team shall
13 be confidential and shall not be open or made available, except by court
14 order or as set forth in paragraphs (k) and (l) of this subdivision.
15 (j) Any person who releases or permits the release of any information
16 protected under paragraph (i) of this subdivision to persons or agencies
17 not authorized to receive such information shall be guilty of a class A
18 misdemeanor.
19 (k) Team members and persons who present information to the team shall
20 not be questioned in any civil or criminal proceeding regarding any
21 opinions formed as a result of a meeting of the team. Nothing in this
22 section shall be construed to prevent a person from testifying as to
23 information which is obtained independently of the team or information
24 which is public.
25 (l) Team members are not liable for damages or other relief in any
26 action brought by reason of the reasonable and good faith performance of
27 a duty, function, or activity of the team.
28 (m) Consistent with all federal and state confidentiality protections,
29 the team may provide recommendations to any individual or entity for
30 appropriate actions to improve a community's response to domestic
31 violence.
32 (n) The team shall periodically submit a cumulative report to the
33 governor and the legislature incorporating the aggregate data and a
34 summary of the general findings and recommendations resulting from the
35 domestic violence fatality reviews completed pursuant to this subdivi-
36 sion. The cumulative report shall thereafter be made available to the
37 public, consistent with federal and state confidentiality protections.
38 § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
39 amended by chapter 663 of the laws of 2019, is amended to read as
40 follows:
41 6. Notice. Every police officer, peace officer or district attorney
42 investigating a family offense under this article shall advise the
43 victim of the availability of a shelter or other services in the commu-
44 nity, and shall immediately give the victim written notice of the legal
45 rights and remedies available to a victim of a family offense under the
46 relevant provisions of this chapter and the family court act. Such
47 notice shall be prepared, at minimum, in plain English, Spanish, Chinese
48 and Russian and if necessary, shall be delivered orally, and shall
49 include but not be limited to the information contained in the following
50 statement:
51 "Are you the victim of domestic violence? If you need help now, you
52 can call 911 for the police to come to you. You can also call a domestic
53 violence hotline. You can have a confidential talk with an advocate at
54 the hotline about help you can get in your community including: where
55 you can get treatment for injuries, where you can get shelter, where you
56 can get support, and what you can do to be safe. The New York State
A. 1965 11
1 24-hour Domestic & Sexual Violence Hotline number is (insert the state-
2 wide multilingual 800 number). They can give you information in many
3 languages. If you are deaf or hard of hearing, call 711.
4 This is what the police can do:
5 They can help you and your children find a safe place such as a family
6 or friend's house or a shelter in your community.
7 You can ask the officer to take you or help you and your children get
8 to a safe place in your community.
9 They can help connect you to a local domestic violence program.
10 They can help you get to a hospital or clinic for medical care.
11 They can help you get your personal belongings.
12 They must complete a report discussing the incident. They will give
13 you a copy of this police report before they leave the scene. It is
14 free.
15 They may, and sometimes must, arrest the person who harmed you if you
16 are the victim of a crime. The person arrested could be released at any
17 time, so it is important to plan for your safety.
18 If you have been abused or threatened, this is what you can ask the
19 police or district attorney to do:
20 File a criminal complaint against the person who harmed you.
21 Ask the criminal court to issue an order of protection for you and
22 your child if the district attorney files a criminal case with the
23 court.
24 Give you information about filing a family offense petition in your
25 local family court.
26 You also have the right to ask the family court for an order of
27 protection for you and your children.
28 This is what you can ask the family court to do:
29 To have your family offense petition filed the same day you go to
30 court.
31 To have your request heard in court the same day you file or the next
32 day court is open.
33 Only a judge can issue an order of protection. The judge does that as
34 part of a criminal or family court case against the person who harmed
35 you. An order of protection in family court or in criminal court can
36 say:
37 That the other person have no contact or communication with you by
38 mail, phone, computer or through other people.
39 That the other person stay away from you and your children, your home,
40 job or school.
41 That the other person not assault, harass, threaten, strangle, or
42 commit another family offense against you or your children.
43 That the other person turn in their firearms and firearms licenses,
44 and not get any more firearms.
45 That you have temporary custody of your children.
46 That the other person pay temporary child support.
47 That the other person not harm your pets or service animals.
48 If the family court is closed because it is night, a weekend, or a
49 holiday, you can go to a criminal court to ask for an order of
50 protection.
51 If you do not speak English or cannot speak it well, you can ask the
52 police, the district attorney, or the criminal or family court to get
53 you an interpreter who speaks your language. The interpreter can help
54 you explain what happened.
A. 1965 12
1 You can get the forms you need to ask for an order of protection at
2 your local family court (insert addresses and contact information for
3 courts). You can also get them online: www.NYCourts.gov/forms.
4 You do not need a lawyer to ask for an order of protection.
5 You have a right to get a lawyer in the family court. If the family
6 court finds that you cannot afford to pay for a lawyer, it must get you
7 one for free.
8 If you file a complaint or family court petition, you will be asked to
9 swear to its truthfulness because it is a crime to file a legal document
10 that you know is false."
11 The division of criminal justice services in consultation with the
12 state office [for the prevention of] to end domestic and gender-based
13 violence shall prepare the form of such written notice consistent with
14 provisions of this section and distribute copies thereof to the appro-
15 priate law enforcement officials pursuant to subdivision nine of section
16 eight hundred forty-one of the executive law.
17 Additionally, copies of such notice shall be provided to the chief
18 administrator of the courts to be distributed to victims of family
19 offenses through the criminal court at such time as such persons first
20 come before the court and to the state department of health for distrib-
21 ution to all hospitals defined under article twenty-eight of the public
22 health law. No cause of action for damages shall arise in favor of any
23 person by reason of any failure to comply with the provisions of this
24 subdivision except upon a showing of gross negligence or willful miscon-
25 duct.
26 § 4. Section 214-b of the executive law, as amended by chapter 432 of
27 the laws of 2015, is amended to read as follows:
28 § 214-b. Family offense intervention. The superintendent shall, for
29 all members of the state police including new and veteran officers,
30 develop, maintain and disseminate, in consultation with the state office
31 [for the prevention of] to end domestic and gender-based violence, writ-
32 ten policies and procedures consistent with article eight of the family
33 court act and applicable provisions of the criminal procedure and domes-
34 tic relations laws, regarding the investigation of and intervention in
35 incidents of family offenses. Such policies and procedures shall make
36 provision for education and training in the interpretation and enforce-
37 ment of New York's family offense laws, including but not limited to:
38 (a) intake and recording of victim statements, and the prompt trans-
39 lation of such statements if made in a language other than English, in
40 accordance with subdivision (c) of this section, on a standardized
41 "domestic violence incident report form" promulgated by the state divi-
42 sion of criminal justice services in consultation with the superinten-
43 dent and with the state office [for the prevention of] to end domestic
44 and gender-based violence, and the investigation thereof so as to ascer-
45 tain whether a crime has been committed against the victim by a member
46 of the victim's family or household as such terms are defined in section
47 eight hundred twelve of the family court act and section 530.11 of the
48 criminal procedure law;
49 (b) the need for immediate intervention in family offenses including
50 the arrest and detention of alleged offenders, pursuant to subdivision
51 four of section 140.10 of the criminal procedure law, and notifying
52 victims of their rights, in their native language, if identified as
53 other than English, in accordance with subdivision (c) of this section,
54 including but not limited to immediately providing the victim with the
55 written notice provided in subdivision six of section 530.11 of the
A. 1965 13
1 criminal procedure law and subdivision five of section eight hundred
2 twelve of the family court act.
3 (c) The superintendent, in consultation with the division of criminal
4 justice services and the office [for the prevention of] to end domestic
5 and gender-based violence shall determine the languages in which such
6 translation required by subdivision (a) of this section, and the notifi-
7 cation required pursuant to subdivision (b) of this section, shall be
8 provided. Such determination shall be based on the size of the New York
9 state population that speaks each language and any other relevant
10 factor. Such written notice required pursuant to subdivision (b) of this
11 section shall be made available to all state police officers in the
12 state.
13 § 5. Subdivision 1 of section 221-a of the executive law, as amended
14 by chapter 492 of the laws of 2015, is amended to read as follows:
15 1. The superintendent, in consultation with the division of criminal
16 justice services, office of court administration, and the office [for
17 the prevention of] to end domestic and gender-based violence, shall
18 develop a comprehensive plan for the establishment and maintenance of a
19 statewide computerized registry of all orders of protection issued
20 pursuant to articles four, five, six, eight and ten of the family court
21 act, section 530.12 of the criminal procedure law and, insofar as they
22 involve victims of domestic violence as defined by section four hundred
23 fifty-nine-a of the social services law, section 530.13 of the criminal
24 procedure law and sections two hundred forty and two hundred fifty-two
25 of the domestic relations law, and orders of protection issued by courts
26 of competent jurisdiction in another state, territorial or tribal juris-
27 diction, special orders of conditions issued pursuant to subparagraph
28 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
29 criminal procedure law insofar as they involve a victim or victims of
30 domestic violence as defined by subdivision one of section four hundred
31 fifty-nine-a of the social services law or a designated witness or
32 witnesses to such domestic violence, and all warrants issued pursuant to
33 sections one hundred fifty-three and eight hundred twenty-seven of the
34 family court act, and arrest and bench warrants as defined in subdivi-
35 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
36 nal procedure law, insofar as such warrants pertain to orders of
37 protection or temporary orders of protection; provided, however, that
38 warrants issued pursuant to section one hundred fifty-three of the fami-
39 ly court act pertaining to articles three and seven of such act and
40 section 530.13 of the criminal procedure law shall not be included in
41 the registry. The superintendent shall establish and maintain such
42 registry for the purposes of ascertaining the existence of orders of
43 protection, temporary orders of protection, warrants and special orders
44 of conditions, and for enforcing the provisions of paragraph (b) of
45 subdivision four of section 140.10 of the criminal procedure law.
46 § 6. Subdivision 1 of section 221-a of the executive law, as amended
47 by chapter 427 of the laws of 2024, is amended to read as follows:
48 1. The superintendent, in consultation with the division of criminal
49 justice services, office of court administration, and the office [for
50 the prevention of] to end domestic and gender-based violence, shall
51 develop a comprehensive plan for the establishment and maintenance of a
52 statewide computerized registry of all orders of protection issued
53 pursuant to articles four, five, six, eight and ten of the family court
54 act, section 530.12 of the criminal procedure law and, insofar as they
55 involve victims of domestic violence as defined by section four hundred
56 fifty-nine-a of the social services law, section 530.13 of the criminal
A. 1965 14
1 procedure law and sections two hundred forty and two hundred fifty-two
2 of the domestic relations law, extreme risk protection orders issued
3 pursuant to article sixty-three-A of the civil practice law and rules,
4 and orders of protection issued by courts of competent jurisdiction in
5 another state, territorial or tribal jurisdiction, special orders of
6 conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o)
7 of subdivision one of section 330.20 of the criminal procedure law inso-
8 far as they involve a victim or victims of domestic violence as defined
9 by subdivision one of section four hundred fifty-nine-a of the social
10 services law or a designated witness or witnesses to such domestic
11 violence, and all warrants issued pursuant to sections one hundred
12 fifty-three and eight hundred twenty-seven of the family court act, and
13 arrest and bench warrants as defined in subdivisions twenty-eight, twen-
14 ty-nine and thirty of section 1.20 of the criminal procedure law, inso-
15 far as such warrants pertain to orders of protection or temporary orders
16 of protection; provided, however, that warrants issued pursuant to
17 section one hundred fifty-three of the family court act pertaining to
18 articles three and seven of such act and section 530.13 of the criminal
19 procedure law shall not be included in the registry. The superintendent
20 shall establish and maintain such registry for the purposes of ascer-
21 taining the existence of orders of protection, temporary orders of
22 protection, warrants and special orders of conditions, and for enforcing
23 the provisions of paragraph (b) of subdivision four of section 140.10 of
24 the criminal procedure law.
25 § 7. The opening paragraph of subdivision 15 of section 837 of the
26 executive law, as amended by chapter 432 of the laws of 2015, is amended
27 to read as follows:
28 Promulgate, in consultation with the superintendent of state police
29 and the state office [for the prevention of] to end domestic and
30 gender-based violence, and in accordance with paragraph (f) of subdivi-
31 sion three of section eight hundred forty of this article, a standard-
32 ized "domestic violence incident report form" for use by state and local
33 law enforcement agencies in the reporting, recording and investigation
34 of all alleged incidents of domestic violence, regardless of whether an
35 arrest is made as a result of such investigation. Such form shall be
36 prepared in multiple parts, one of which shall be immediately provided
37 to the victim, and shall include designated spaces for: the recordation
38 of the results of the investigation by the law enforcement agency and
39 the basis for any action taken; the recordation of a victim's allega-
40 tions of domestic violence; the age and gender of the victim and the
41 alleged offender or offenders; and immediately thereunder a space on
42 which the victim may sign and verify such victim's allegations. Such
43 form shall also include, but not be limited to spaces to identify:
44 § 8. Paragraph (f) of subdivision 3 of section 840 of the executive
45 law, as amended by chapter 432 of the laws of 2015, is amended to read
46 as follows:
47 (f) Develop, maintain and disseminate, in consultation with the state
48 office [for the prevention of] to end domestic and gender-based
49 violence, written policies and procedures consistent with article eight
50 of the family court act and applicable provisions of the criminal proce-
51 dure and domestic relations laws, regarding the investigation of and
52 intervention by new and veteran police officers in incidents of family
53 offenses. Such policies and procedures shall make provisions for educa-
54 tion and training in the interpretation and enforcement of New York's
55 family offense laws, including but not limited to:
A. 1965 15
1 (1) intake and recording of victim statements, and the prompt trans-
2 lation of such statements if made in a language other than English, in
3 accordance with subparagraph three of this paragraph, on a standardized
4 "domestic violence incident report form" promulgated by the division of
5 criminal justice services in consultation with the superintendent of
6 state police, representatives of local police forces and the state
7 office [for the prevention of] to end domestic and gender-based
8 violence, and the investigation thereof so as to ascertain whether a
9 crime has been committed against the victim by a member of the victim's
10 family or household as such terms are defined in section eight hundred
11 twelve of the family court act and section 530.11 of the criminal proce-
12 dure law; and
13 (2) the need for immediate intervention in family offenses including
14 the arrest and detention of alleged offenders, pursuant to subdivision
15 four of section 140.10 of the criminal procedure law, and notifying
16 victims of their rights, in their native language, if identified as
17 other than English, in accordance with subparagraph three of this para-
18 graph, including but not limited to immediately providing the victim
19 with the written notice required in subdivision six of section 530.11 of
20 the criminal procedure law and subdivision five of section eight hundred
21 twelve of the family court act;
22 (3) determine, in consultation with the superintendent of state police
23 and the office [for the prevention of] to end domestic and gender-based
24 violence, the languages in which such translation required by subpara-
25 graph one of this paragraph, and the notification required by subpara-
26 graph two of this paragraph, shall be provided. Such determination shall
27 be based on the size of the New York state population that speaks each
28 language and any other relevant factor. Such written notice required
29 pursuant to subparagraph two of this paragraph shall be made available
30 to all local law enforcement agencies throughout the state. Nothing in
31 this paragraph shall prevent the council from using the determinations
32 made by the superintendent of state police pursuant to subdivision (c)
33 of section two hundred fourteen-b of this chapter;
34 § 9. The opening paragraph of paragraph 2 of subdivision (b) of
35 section 153-c of the family court act, as added by chapter 367 of the
36 laws of 2015, is amended to read as follows:
37 A plan for a pilot program pursuant to this section shall be developed
38 by the chief administrator of the courts or [his or her] such chief
39 administrator's delegate in consultation with one or more local programs
40 providing assistance to victims of domestic violence, the office [for
41 the prevention of] to end domestic and gender-based violence, and attor-
42 neys who represent family offense petitions. The plan shall include, but
43 is not limited to:
44 § 10. Paragraph 2 of subdivision (a) of section 249-b of the family
45 court act, as added by chapter 476 of the laws of 2009, is amended to
46 read as follows:
47 2. provide for the development of training programs with the input of
48 and in consultation with the state office [for the prevention of] to end
49 domestic and gender-based violence. Such training programs must include
50 the dynamics of domestic violence and its effect on victims and on chil-
51 dren, and the relationship between such dynamics and the issues consid-
52 ered by the court, including, but not limited to, custody, visitation
53 and child support. Such training programs along with the providers of
54 such training must be approved by the office of court administration
55 following consultation with and input from the state office [for the
56 prevention of] to end domestic and gender-based violence; and
A. 1965 16
1 § 11. The closing paragraph of subdivision 5 of section 812 of the
2 family court act, as amended by chapter 663 of the laws of 2019, is
3 amended to read as follows:
4 The division of criminal justice services in consultation with the
5 state office [for the prevention of] to end domestic and gender-based
6 violence shall prepare the form of such written notice consistent with
7 the provisions of this section and distribute copies thereof to the
8 appropriate law enforcement officials pursuant to subdivision nine of
9 section eight hundred forty-one of the executive law. Additionally,
10 copies of such notice shall be provided to the chief administrator of
11 the courts to be distributed to victims of family offenses through the
12 family court at such time as such persons first come before the court
13 and to the state department of health for distribution to all hospitals
14 defined under article twenty-eight of the public health law. No cause of
15 action for damages shall arise in favor of any person by reason of any
16 failure to comply with the provisions of this subdivision except upon a
17 showing of gross negligence or willful misconduct.
18 § 12. Subdivision 3 of section 403 of the general business law, as
19 amended by chapter 715 of the laws of 2019, is amended to read as
20 follows:
21 3. The advisory committee shall advise the secretary on all matters
22 relating to this article, and on such other matters as the secretary
23 shall request. In advising the secretary on matters concerning profes-
24 sional education or curriculum, inclusive of the maintenance of cultural
25 and ethnic awareness within the prescribed curriculum in regard to hair
26 types, including, but not limited to, curl pattern, hair strand thick-
27 ness, and volume of hair, the advisory committee shall, to the extent
28 practicable, consult with the state education department. The advisory
29 committee is directed, in consultation with the department of state, the
30 New York state office [for the prevention of] to end domestic and
31 gender-based violence and an advocacy group recognized by the federal
32 department of health and human services, which has the ability to coor-
33 dinate statewide and with local communities on programming and educa-
34 tional materials related to the prevention and intervention of domestic
35 violence in New York state, to develop, provide for and integrate aware-
36 ness training on domestic violence and sexual assault for all prospec-
37 tive students seeking to be licensed under this article. Further, on a
38 voluntary basis for those seeking to renew their license as provided for
39 in this article to develop and provide access to educational material
40 for domestic violence and sexual assault awareness.
41 § 13. Section 408-b of the general business law, as amended by chapter
42 71 of the laws of 2020, is amended to read as follows:
43 § 408-b. Domestic violence and sexual assault awareness education. The
44 department shall ensure that domestic violence and sexual assault aware-
45 ness education courses are made available to all licensees and appli-
46 cants for a license or renewal pursuant to this article and that such
47 courses are offered through the department's website. The department, in
48 consultation with the office [for the prevention of] to end domestic and
49 gender-based violence and advocacy groups recognized by the federal
50 department of health and human services or the federal department of
51 justice, which have the ability to coordinate statewide and with local
52 communities on programming and educational materials related to the
53 prevention and intervention of domestic violence or sexual assault in
54 New York state, shall develop and provide access to domestic violence
55 and sexual assault awareness education courses appropriate for those
56 licensed under this article.
A. 1965 17
1 § 14. Subsections (f) and (g) and paragraph 8 of subsection (h) of
2 section 2612 of the insurance law, subsections (f) and (g) as amended by
3 chapter 579 of the laws of 2022, and paragraph 8 of subsection (h) as
4 added by section 2 of part E of chapter 491 of the laws of 2012, are
5 amended to read as follows:
6 (f) If any person covered by an insurance policy issued to another
7 person as the policyholder delivers to the insurer that issued the poli-
8 cy, at its home office, a valid order of protection against the policy-
9 holder, issued by a court of competent jurisdiction in this state, or,
10 except where the insurance policy was issued by a health insurer as
11 defined in subparagraph (B) of paragraph [(1)] one of subsection (h) of
12 this section, a request to designate an alternative mailing address,
13 telephone number or method of contact for the purpose of receiving claim
14 related information if the person states that disclosure of all or part
15 of the claim related information could endanger the person, the insurer
16 shall be prohibited for the duration of the order, or until the request
17 designating an alternative mailing address, telephone number or other
18 method of contact is cancelled by the requesting person in writing, from
19 disclosing to the policyholder the address, telephone number or other
20 method of contact for the insured, or for any person or entity providing
21 covered services to the insured, any personally identifying information
22 of the insured, or the nature of the covered services provided to the
23 insured, or from mailing, delivering, or otherwise providing claim
24 related information to any mailing address, telephone number, or other
25 method of contact other than as designated by the requesting person
26 pursuant to this subsection. If a child is the covered person, the right
27 established by this subsection may be asserted by, and shall also extend
28 to, the parent or guardian of the child. An insurer may require a person
29 making a request to designate an alternative mailing address, telephone
30 number or other method of contact pursuant to this subsection to: make
31 the request in writing; include in the request a statement that disclo-
32 sure of all or part of the claim related information to which the
33 request pertains could endanger the person or child; and specify an
34 alternative mailing address, telephone number, or other method of
35 contact. For the purpose of this subsection, "claim related information"
36 means all claim or billing information relating specifically to an
37 insured or person covered by an insurance policy issued by an insurer
38 other than a health insurer as defined in subparagraph (B) of paragraph
39 [(1)] one of subsection (h) of this section. The superintendent, in
40 consultation with the commissioner of health and the office of children
41 and family services and the office [for the prevention of] to end domes-
42 tic and gender-based violence, shall promulgate rules to guide and
43 enable insurers to guard against the disclosure of the address and
44 location of an insured who is a victim of domestic violence.
45 (g) If any person covered by a group insurance policy delivers to the
46 insurer that issued the policy, at its home office, (i) a valid order of
47 protection against another person covered by the group policy, issued by
48 a court of competent jurisdiction in this state, or, except where the
49 insurance policy was issued by a health insurer as defined in subpara-
50 graph (B) of paragraph [(1)] one of subsection (h) of this section, a
51 request to designate an alternative mailing address, telephone number or
52 other method of contact for the purpose of receiving claim related
53 information if the person states that disclosure of all or part of the
54 claim related information could endanger the person, the insurer shall
55 be prohibited for the duration of the order, or until the request desig-
56 nating an alternative mailing address, telephone number or other method
A. 1965 18
1 of contact is cancelled by the requesting person in writing, from
2 disclosing to the person against whom a valid order of protection was
3 issued the address, telephone number or other method of contact for the
4 insured person covered by the order of protection or for any person or
5 entity providing covered services to the insured person covered by the
6 order of protection, any personally identifying information of the
7 insured, or the nature of the covered services provided to the insured,
8 or from mailing, delivering, or otherwise providing claim related infor-
9 mation to any mailing address, telephone number, or other method of
10 contact other than as designated by the requesting person pursuant to
11 this subsection. If a child is the covered person, the right established
12 by this subsection may be asserted by, and shall also extend to, the
13 parent or guardian of the child. An insurer may require a person making
14 a request to designate an alternative mailing address, telephone number
15 or other method of contact pursuant to this subsection to: make the
16 request in writing; include in the request a statement that disclosure
17 of all or part of the claim related information to which the request
18 pertains could endanger the person or child; and specify an alternative
19 mailing address, telephone number, or other method of contact. For the
20 purpose of this subsection, "claim related information" means all claim
21 or billing information relating specifically to an insured or person
22 covered by an insurance policy issued by an insurer other than a health
23 insurer as defined in subparagraph (B) of paragraph [(1)] one of
24 subsection (h) of this section. The superintendent, in consultation with
25 the commissioner of health, the office of children and family services
26 and the office [for the prevention of] to end domestic and gender-based
27 violence, shall promulgate rules to guide and enable insurers to guard
28 against the disclosure of the address and location of an insured who is
29 a victim of domestic violence.
30 (8) The superintendent, in consultation with the commissioner of
31 health, the office of children and family services and the office [for
32 the prevention of] to end domestic and gender-based violence, shall
33 promulgate rules to guide health insurers in guarding against the
34 disclosure of the information protected pursuant to this subsection.
35 § 15. Section 10-a of the labor law, as added by chapter 527 of the
36 laws of 1995, is amended to read as follows:
37 § 10-a. Domestic violence policy. The commissioner shall study the
38 issue of employees separated from employment due to acts of domestic
39 violence as referred to in and qualified by section four hundred fifty-
40 nine-a of the social services law. The commissioner shall consult with
41 the New York state office [for the prevention of] to end domestic and
42 gender-based violence and its advisory council, the department of social
43 services, the division of women and members of the public in preparing
44 such study. Such study shall include a review of case histories in
45 which unemployment compensation was sought and an analysis of the poli-
46 cies in other states. A copy of such study shall be transmitted to the
47 temporary president of the senate and the speaker of the assembly on or
48 before January fifteenth, nineteen hundred ninety-six and shall contain
49 policy recommendations.
50 § 16. Section 10-b of the labor law, as added by chapter 368 of the
51 laws of 1997, is amended to read as follows:
52 § 10-b. Domestic violence employee awareness and assistance. The
53 commissioner shall assist the office [for the prevention of] to end
54 domestic and gender-based violence in the creation, approval and dissem-
55 ination of the model domestic violence employee awareness and assistance
56 policy [as further defined in subdivision nine of section five hundred
A. 1965 19
1 seventy-five of the executive law. Upon completion and approval of the
2 model plan as outlined in subdivision nine of section five hundred
3 seventy-five of the executive law, the commissioner shall assist in the
4 promotion of the model policy to businesses in New York state].
5 § 17. Section 2137 of the public health law, as added by chapter 163
6 of the laws of 1998, is amended to read as follows:
7 § 2137. Domestic violence recognition. The department shall, in
8 consultation with the office [for the prevention of] to end domestic and
9 gender-based violence and statewide organizations and community based
10 organizations, develop a protocol for the identification and screening
11 of victims of domestic violence who may either be a protected individual
12 or a contact as used in this title.
13 § 18. Subdivision 2 of section 2803-p of the public health law, as
14 added by chapter 271 of the laws of 1997, is amended to read as follows:
15 2. Every hospital having maternity and newborn services shall provide
16 information concerning family violence to parents of newborn infants at
17 any time prior to the discharge of the mother. Such information shall
18 also be provided by every diagnostic and treatment center offering
19 prenatal care services to women upon an initial prenatal care visit.
20 The commissioner shall, in consultation with the state office [for the
21 prevention of] to end domestic and gender-based violence and the depart-
22 ment of social services, prepare, produce and transmit such notice to
23 such facilities in quantities sufficient to comply with the requirements
24 of this section. Such notice shall contain information which shall
25 include but not be limited to the effects of family violence and the
26 services available to women and children experiencing family violence.
27 Such information shall be in clear and concise language readily
28 comprehensible. Nothing in this section shall preclude a facility from
29 providing the notice required by this section as an addendum to, or in
30 connection with, any other information required to be provided by any
31 other provision of law, rule or regulation.
32 § 19. Subdivision 3 of section 2805-z of the public health law, as
33 amended by chapter 37 of the laws of 2020, is amended to read as
34 follows:
35 3. The commissioner shall promulgate such rules and regulations as may
36 be necessary and proper to carry out effectively the provisions of this
37 section. Prior to promulgating such rules and regulations, the commis-
38 sioner shall consult with the office [for the prevention of] to end
39 domestic and gender-based violence and other such persons as the commis-
40 sioner deems necessary to develop a model policy for hospitals to
41 utilize in complying with this section and to identify the domestic
42 violence or victim assistance organizations operating in each hospital's
43 geographic area, a list of which the commissioner shall provide to
44 hospitals with the model policy.
45 § 20. The opening paragraph of subdivision (g) of section 17 of the
46 social services law, as added by chapter 280 of the laws of 2002, is
47 amended to read as follows:
48 require participation of all employees of a child protective service
49 in a training course which has been developed by the office [for the
50 prevention of] to end domestic and gender-based violence in conjunction
51 with the office of children and family services whose purpose is to
52 develop an understanding of the dynamics of domestic violence and its
53 connection to child abuse and neglect. Such course shall:
54 § 21. Subdivision 1 of section 111-v of the social services law, as
55 added by chapter 398 of the laws of 1997, is amended to read as follows:
A. 1965 20
1 1. The department, in consultation with appropriate agencies including
2 but not limited to the New York state office [for the prevention of] to
3 end domestic and gender-based violence, shall by regulation prescribe
4 and implement safeguards on the confidentiality, integrity, accuracy,
5 access, and the use of all confidential information and other data
6 handled or maintained, including data obtained pursuant to section one
7 hundred eleven-o of this article and including such information and data
8 maintained in the automated child support enforcement system. Such
9 information and data shall be maintained in a confidential manner
10 designed to protect the privacy rights of the parties and shall not be
11 disclosed except for the purpose of, and to the extent necessary to,
12 establish paternity, or establish, modify or enforce an order of
13 support.
14 § 22. Subdivisions 1, 2 and 3 of section 349-a of the social services
15 law, subdivisions 1 and 3 as added by section 36 of part B of chapter
16 436 of the laws of 1997 and subdivision 2 as amended by chapter 144 of
17 the laws of 2021, are amended to read as follows:
18 1. The department, after consultation with the office [for the
19 prevention of] to end domestic and gender-based violence and statewide
20 domestic violence advocacy groups, shall by regulation establish
21 requirements for social services districts to notify all applicants and,
22 upon recertification, recipients, of procedures for protection from
23 domestic violence and the availability of services. Such notice shall
24 inform applicants and recipients that the social services district will
25 make periodic inquiry regarding the existence of domestic violence
26 affecting the individual. Such notice shall also inform individuals
27 that response to these inquiries is voluntary and confidential;
28 provided, however, that information regarding neglect or abuse of chil-
29 dren will be reported to child protective services.
30 2. Such inquiry shall be performed utilizing a universal screening
31 form to be developed by the department after consultation with the
32 office [for the prevention of] to end domestic and gender-based violence
33 and statewide domestic violence advocacy groups. Such screening may be
34 conducted by telephone or other digital means at the request of the
35 applicant or recipient. An individual may request such screening at any
36 time, and any individual who at any time self identifies as a victim of
37 domestic or gender-based violence shall be afforded the opportunity for
38 such screening.
39 3. An individual indicating the presence of domestic violence, as a
40 result of such screening, shall be promptly referred to a domestic
41 violence liaison who meets training requirements established by the
42 department, after consultation with the office [for the prevention of]
43 to end domestic and gender-based violence and statewide domestic
44 violence advocacy groups.
45 § 23. The opening paragraph of subdivision 2 and the opening paragraph
46 of subdivision 3 of section 427-a of the social services law, as added
47 by chapter 452 of the laws of 2007, are amended to read as follows:
48 Any social services district interested in implementing a differential
49 response program shall apply to the office of children and family
50 services for permission to participate. The criteria for a social
51 services district to participate will be determined by the office of
52 children and family services after consultation with the office [for the
53 prevention of] to end domestic and gender-based violence, however the
54 social services district's application must include a plan setting forth
55 the following:
A. 1965 21
1 The criteria for determining which cases may be placed in the assess-
2 ment track shall be determined by the local department of social
3 services, in conjunction with the office of children and family services
4 and after consultation with the office [for the prevention of] to end
5 domestic and gender-based violence. Provided, however, that reports
6 including any of the following allegations shall not be included in the
7 assessment track of a differential response program:
8 § 24. Subdivision (a) of section 483-cc of the social services law, as
9 amended by chapter 368 of the laws of 2015, is amended to read as
10 follows:
11 (a) As soon as practicable after a first encounter with a person who
12 reasonably appears to a law enforcement agency, district attorney's
13 office, or an established provider of social or legal services desig-
14 nated by the office of temporary and disability assistance, the office
15 [for the prevention of] to end domestic and gender-based violence or the
16 office of victim services to be a human trafficking victim, that law
17 enforcement agency or district attorney's office shall notify the office
18 of temporary and disability assistance and the division of criminal
19 justice services that such person may be eligible for services under
20 this article or, in the case of an established provider of social or
21 legal services, shall notify the office of temporary and disability
22 assistance and the division of criminal justice services if such victim
23 consents to seeking services pursuant to this article.
24 § 25. Subdivision (a) of section 483-ee of the social services law, as
25 amended by chapter 496 of the laws of 2023, is amended to read as
26 follows:
27 (a) There is established an interagency task force on trafficking in
28 persons, which shall consist of the following members or their desig-
29 nees: (1) the commissioner of the division of criminal justice services;
30 (2) the commissioner of the office of temporary and disability assist-
31 ance; (3) the commissioner of health; (4) the commissioner of the office
32 of mental health; (5) the commissioner of labor; (6) the commissioner of
33 the office of children and family services; (7) the commissioner of the
34 office of addiction services and supports; (8) the director of the
35 office of victim services; (9) the executive director of the office [for
36 the prevention of] to end domestic and gender-based violence; (10) the
37 superintendent of the division of state police; (11) the secretary of
38 state; and the following additional members, who shall be promptly
39 appointed by the governor, each for a term of two years, provided that
40 such person's membership shall continue after such two year term until a
41 successor is appointed and provided, further, that a member may be reap-
42 pointed if again recommended in the manner specified in this subdivi-
43 sion[:]; (12) two members, who shall be appointed on the recommendation
44 of the temporary president of the senate; (13) two members, who shall be
45 appointed on the recommendation of the speaker of the assembly; (14) two
46 members, who shall be appointed on the recommendation of the not-for-
47 profit organization in New York state that receives the largest share of
48 funds, appropriated by and through the state budget, for providing
49 services to victims of human trafficking, as shall be identified annual-
50 ly in writing by the director of the budget; and (15) one member, who
51 shall be appointed on the recommendation of the president of the New
52 York state bar association; and others as may be necessary to carry out
53 the duties and responsibilities under this section. The task force will
54 be co-chaired by the commissioners of the division of criminal justice
55 services and the office of temporary and disability assistance, or their
56 designees. It shall meet as often as is necessary, but no less than
A. 1965 22
1 three times per year, and under circumstances as are appropriate to
2 fulfilling its duties under this section. All members shall be provided
3 with written notice reasonably in advance of each meeting with date,
4 time and location of such meeting.
5 § 26. Subdivision 3 of section 97-yyy of the state finance law, as
6 added by chapter 634 of the laws of 2002, is amended to read as follows:
7 3. Moneys of the fund, following appropriation by the legislature and
8 allocation by the director of the budget, shall be available for the
9 purpose of funding expenses of the office [for the prevention of] to end
10 domestic and gender-based violence for educational and prevention
11 programs undertaken pursuant to article twenty-one of the executive law.
12 § 27. Wherever the term "office for the prevention of domestic
13 violence" appears in the consolidated or unconsolidated laws of this
14 state, such term shall hereby mean "office to end domestic and gender-
15 based violence".
16 § 28. This act shall take effect immediately; provided however that
17 the amendments to subdivision (a) of section 483-ee of the social
18 services law made by section twenty-five of this act shall not affect
19 the repeal of such section and shall be deemed repealed therewith; and
20 provided, further, that if chapter 427 of the laws of 2024 shall not
21 have taken effect on or before such date then section six of this act
22 shall take effect on the same date and in the same manner as such chap-
23 ter of the laws of 2024 takes effect.
