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A06575 Summary:

BILL NOA06575
 
SAME ASSAME AS S07396
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Add Art 23-A §649-aa, Exec L
 
Requires investigation and autopsy of suspicious deaths where the deceased individual had an identifiable history of being victimized by domestic violence.
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A06575 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6575
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to amend the executive law, in relation to the investigation of
          suspicious deaths and domestic violence
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The executive law is amended by adding a new article 23-A
     2  to read as follows:
     3                                ARTICLE 23-A
     4                              SUSPICIOUS DEATHS
     5  Section 649-aa. Suspicious deaths and domestic violence.
     6    § 649-aa. Suspicious deaths and domestic violence. 1. For the purposes
     7  of this section:
     8    (a) "Domestic violence" shall  have  the  same  meaning  as  a  family
     9  offense as defined in section 530.11 of the criminal procedure law.
    10    (b)  "Identifiable  history  of being victimized by domestic violence"
    11  shall mean demonstrable past incidents of being victimized  by  domestic
    12  violence that may be verified by prior police reports, written or photo-
    13  graphic documentation, restraining order declarations, eyewitness state-
    14  ments, or other evidence that corroborates a history of such incidents.
    15    (c)  "Family  member"  shall  mean  a parent, sibling, or child of the
    16  deceased.
    17    (d) "Close friend" shall mean any person who  has  maintained  regular
    18  contact and has a significant relationship with the deceased.
    19    (e)  "Partner"  shall mean a spouse, former spouse, cohabitant, former
    20  cohabitant,  fiance,  someone  with  whom  the  decedent  had  a  dating
    21  relationship or engagement for marriage, or the parent of the decedent's
    22  child.
    23    2. Prior to making any findings as to the manner and cause of death of
    24  a  deceased  individual with an identifiable history of being victimized
    25  by domestic violence, and in the presence of three or more factors list-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09589-01-5

        A. 6575                             2
 
     1  ed in subdivision three of this section, law enforcement shall interview
     2  family members, such as parents, siblings, or  other  close  friends  or
     3  relatives  of  the  decedent  with  relevant  information regarding that
     4  history of domestic violence.
     5    3.  Law enforcement investigators must request a complete autopsy in a
     6  case where they have determined there  is  an  identifiable  history  of
     7  being  victimized  by  domestic violence and any of the following condi-
     8  tions are present:
     9    (a) the decedent died prematurely or in an untimely manner;
    10    (b) the scene of the death  gives  the  appearance  of  death  due  to
    11  suicide or accident;
    12    (c) one partner wanted to end the relationship;
    13    (d)  there  is a history of being victimized by domestic violence that
    14  includes coercive control;
    15    (e) the decedent is found dead in a home or place of residence;
    16    (f) the decedent is found by a current or previous partner;
    17    (g) there is a history of being victimized by domestic  violence  that
    18  includes strangulation or suffocation;
    19    (h)  the  current or previous partner of the decedent, or child of the
    20  decedent or the decedent's current or previous partner, is the  last  to
    21  see the decedent alive;
    22    (i)  the  partner  had  control  of  the  scene before law enforcement
    23  arrived; or
    24    (j) the body of the decedent has been moved  or  the  scene  or  other
    25  evidence is altered in some way.
    26    4.  During  the  pendency of such investigation and any review, family
    27  members and close friends of the  decedent  shall  have  access  to  all
    28  victim  services  and  support provided under article twenty-two of this
    29  chapter.
    30    5. In the event that a local law enforcement agency  makes  a  finding
    31  that  the death is not a homicide and closes the case, family members or
    32  close friends of the decedent or their  legal  counsel  shall  have  the
    33  right to:
    34    (a)  request any and all records of the investigation currently avail-
    35  able under the New York freedom of information law; and
    36    (b) request an autopsy  and  second  opinion  from  a  board-certified
    37  forensic pathologist certified by the American Board of Pathology.
    38    §  2.  This  act  shall take effect on the sixtieth day after it shall
    39  have become a law.
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