S07638 Summary:

BILL NOS07638
 
SAME ASSAME AS A10624
 
SPONSORSALAND
 
COSPNSRGOLDEN, LANZA, RANZENHOFER, BALL, KLEIN, AVELLA, CARLUCCI, GALLIVAN, GIANARIS, GRISANTI, HASSELL-THOMPSON, KENNEDY, O'MARA, OPPENHEIMER, SAVINO, SQUADRON, VALESKY
 
MLTSPNSR
 
Rpld S575 sub 10, amd SS575 & 108, Exec L, amd S2, Chap 502 of 2011; amd S4201, Pub Health L; amd S510.30, add S200.63, CP L; add S240.75, amd S240.30, Pen L; amd S2612, Ins L
 
Establishes a domestic violence fatality review team; adds members to the advisory council on domestic violence (part A); prohibits certain persons from controlling the disposition of a decedent's remains (part B); relates to the confidentiality program of the department of state (part C); relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail and establishes the crime of aggravated domestic violence (part D); relates to a reasonable request to receive communications of health information by alternative means where disclosure could endanger a person (part E).
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S07638 Actions:

BILL NOS07638
 
06/08/2012REFERRED TO RULES
06/12/2012ORDERED TO THIRD READING CAL.1161
06/12/2012PASSED SENATE
06/12/2012DELIVERED TO ASSEMBLY
06/12/2012referred to codes
06/12/2012substituted for a10624
06/12/2012ordered to third reading rules cal.144
06/12/2012passed assembly
06/12/2012returned to senate
10/15/2012DELIVERED TO GOVERNOR
10/25/2012SIGNED CHAP.491
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S07638 Floor Votes:

DATE:06/12/2012Assembly Vote  YEA/NAY: 141/0
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
ER
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
ER
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
ER
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
ER
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
ER
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S07638 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7638
 
                    IN SENATE
 
                                      June 8, 2012
                                       ___________
 
        Introduced  by  Sens. SALAND, GOLDEN, LANZA, RANZENHOFER, BALL, KLEIN --
          (at request of the Governor) -- read twice and  ordered  printed,  and
          when printed to be committed to the Committee on Rules
 
        AN  ACT to amend the executive law, in relation to establishing a domes-
          tic violence fatality review team,  adding  members  to  the  advisory
          council,  and  repealing  subdivision  10  of  section 575 of such law

          relating to the New York state address confidentiality  program  (Part
          A);  to amend the public health law, in relation to the disposition of
          remains (Part B); to amend the  executive  law,  in  relation  to  the
          address  confidentiality  program  of  the department of state; and to
          amend chapter 502 of the laws  of  2011  amending  the  executive  law
          relating  to  authorizing  the secretary of state to accept service of
          process and receipt of mail on behalf of victims of domestic  violence
          for  the purpose of maintaining the confidentiality of the location of
          such victims, in relation to the effectiveness thereof  (Part  C);  to
          amend  the criminal procedure law, in relation to the consideration of
          certain factors when determining the issuance of an order of  recogni-
          zance  or  bail; and to amend the penal law and the criminal procedure

          law, in relation to the creation of the  crime  of  aggravated  family
          offense  (Part  D);  and  to amend the insurance law, in relation to a
          reasonable request to receive communications of health information  by
          alternative  means  or at alternative locations when disclosure of the
          information could endanger the person (Part E)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  relating to issues deemed necessary by  the  state.  Each  component  is
     3  wholly  contained  within  a  Part  identified as Parts A through E. The
     4  effective date for each particular provision contained within such  Part
     5  is  set  forth  in  the  last section of such Part. Any provision in any

     6  section contained within a Part, including the  effective  date  of  the
     7  Part,  which  makes a reference to a section "of this act", when used in
     8  connection with that particular component, shall be deemed to  mean  and
     9  refer  to  the  corresponding  section of the Part in which it is found.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12153-04-2

        S. 7638                             2
 
     1  Section three of this act sets forth the general effective date of  this
     2  act.
 
     3                                   PART A
 
     4    Section 1. Subdivision 4 of section 575 of the executive law, as added
     5  by  chapter 463 of the laws of 1992, paragraph (b) as amended by section

     6  99 of subpart B of part C of chapter 62 of the laws of 2011,  paragraphs
     7  (c),  (d),  and  (e)  as  amended by chapter 396 of the laws of 1994, is
     8  amended to read as follows:
     9    4. Advisory council. (a) An advisory council is hereby established  to
    10  make  recommendations  on domestic violence related issues and effective
    11  strategies for the prevention of domestic violence,  to  assist  in  the
    12  development  of appropriate policies and priorities for effective inter-
    13  vention, public education and advocacy, and  to  facilitate  and  assure
    14  communication  and  coordination  of  efforts  among  state agencies and
    15  between different levels of government, state, federal,  and  municipal,
    16  for the prevention of domestic violence.
    17    (b)  The advisory council shall consist of nine members and [thirteen]

    18  fifteen ex-officio members. Each member shall be appointed to serve  for
    19  a  term  of  three  years and shall continue in office until a successor
    20  appointed member is made. A member appointed to fill a vacancy shall  be
    21  appointed  for the unexpired term of the member he or she is to succeed.
    22  All of the members shall be individuals with expertise in  the  area  of
    23  domestic violence. Three members shall be appointed by the governor, two
    24  members  shall  be  appointed  upon  the recommendation of the temporary
    25  president of the senate, two members shall be appointed upon the  recom-
    26  mendation  of the speaker of the assembly, one member shall be appointed
    27  upon the recommendation of the minority leader of the  senate,  and  one
    28  member shall be appointed upon the recommendation of the minority leader
    29  of  the  assembly.  The  ex-officio  members of the advisory board shall

    30  consist of [one representative from the staff of each of  the  following
    31  state departments and divisions:]  the director of the office, who shall
    32  chair  the  council,  and  the following members or their designees: the
    33  commissioner of  the  office  of  temporary  and  disability  [services]
    34  assistance;  the  commissioner  of the department of health; the commis-
    35  sioner of the education department; the commissioner of  the  office  of
    36  mental  health;  the  commissioner  of  the  office  of  alcoholism  and
    37  substance abuse services; the commissioner of the division  of  criminal
    38  justice  services;  the  director of the office of probation and correc-

    39  tional alternatives; the commissioner of  the  office  of  children  and
    40  family  services;  the  director  of  the office of victim services; the
    41  chief administrative judge of the office of  court  administration;  the
    42  commissioner  of  the  department  of  labor;  the director of the state
    43  office for the aging;  [and]  the  commissioner  of  the  department  of
    44  corrections  and  community  supervision; the chief executive officer of
    45  the New York state coalition against domestic violence; and  the  execu-
    46  tive director of the New York state coalition against sexual assault.
    47    (c)  [The  governor  shall  appoint  a member as chair of the advisory
    48  council to serve at the pleasure of the governor.

    49    (d)] The advisory council shall meet as often as deemed  necessary  by
    50  the  chair  [or  executive director] but in no event less than two times
    51  per year.
    52    [(e)] (d) The members of the advisory council shall receive no  salary
    53  or  other  compensation  for  their  services  but  shall be entitled to
    54  reimbursement for actual and necessary expenses incurred in the perform-

        S. 7638                             3
 
     1  ance of their duties within  amounts  made  available  by  appropriation
     2  therefor  subject  to  the  approval  of the director of the budget. The
     3  ex-officio members of the advisory council shall receive  no  additional
     4  compensation for their services on the advisory council above the salary
     5  they  receive  from  the respective departments or divisions that employ
     6  them.

     7    § 2. Subdivision 10 of section 575 of the executive law is REPEALED.
     8    § 3. Section 575 of the executive law  is  amended  by  adding  a  new
     9  subdivision 10 to read as follows:
    10    10.  Fatality  review  team. (a) There shall be established within the
    11  office a fatality review team for the purpose of analyzing, in  conjunc-
    12  tion  with  local representation, the domestic violence-related death or
    13  near death of individuals, with the goal of:
    14    (i) examining the trends and  patterns  of  domestic  violence-related
    15  fatalities in New York state;
    16    (ii)  educating  the public, service providers, and policymakers about
    17  domestic  violence  fatalities  and  strategies  for  intervention   and
    18  prevention; and

    19    (iii)  recommending  policies,  practices, procedures, and services to
    20  reduce fatalities due to domestic violence.
    21    (b) A domestic violence-related death or near  death  shall  mean  any
    22  death or near death caused by a family or household member as defined in
    23  section  eight  hundred twelve of the family court act or section 530.11
    24  of the criminal procedure law, except that there shall be no  review  of
    25  the  death  or near death of a child for those cases in which the office
    26  of children and family services is required to issue a  fatality  report
    27  in  accordance  with  subdivision  five  of section twenty of the social
    28  services law.
    29    (c) The team shall review deaths or near deaths  in  cases  that  have

    30  been  adjudicated  and  have  received a final judgment and that are not
    31  under investigation.
    32    (d) Members of a domestic  violence  fatality  review  team  shall  be
    33  appointed  by  the executive director, in consultation with the advisory
    34  council, and shall include, but not be limited  to,  one  representative
    35  from the office of children and family services, the office of temporary
    36  and  disability  assistance,  the division of criminal justice services,
    37  the state police, the department of health, the office of court adminis-
    38  tration, the office of  probation  and  correctional  alternatives,  the
    39  department of corrections and community supervision, at least one repre-
    40  sentative  from  local  law enforcement, a county prosecutor's office, a

    41  local social services district, a member of the judiciary, and a  domes-
    42  tic  violence  services  program  approved by the office of children and
    43  family services. A domestic  violence  fatality  review  team  may  also
    44  include  representatives  from  sexual assault services programs, public
    45  health, mental health and substance abuse agencies,  hospitals,  clergy,
    46  local  school  districts, local divisions of probation, local offices of
    47  the department of corrections and community supervision, the  office  of
    48  the medical examiner or coroner, any local domestic violence task force,
    49  coordinating council or other interagency entity that meets regularly to
    50  support a coordinated community response to domestic violence, any other

    51  program  that  provides  services  to  domestic violence victims, or any
    52  other person necessary to the work of the team, including  survivors  of
    53  domestic violence.
    54    (e)  The  team  shall  identify potential cases and shall select which
    55  deaths or near deaths will be reviewed each year. Localities may request
    56  that the team conduct a review of a particular death or near death.

        S. 7638                             4
 
     1    (f) The team shall work with officials and  organizations  within  the
     2  community where the death or near death occurred to conduct each review.
     3    (g)  Team members shall serve without compensation but are entitled to
     4  be reimbursed for travel expenses to the  localities  where  a  fatality

     5  review will be conducted and members who are full-time salaried officers
     6  or  employees  of the state or of any political subdivision of the state
     7  are entitled to their regular compensation.
     8    (h) To the extent consistent with federal law, upon request  the  team
     9  shall  be provided client-identifiable information and records necessary
    10  for the investigation of a domestic violence-related death or near death
    11  incident, including, but not limited to:
    12    (i) records maintained by a local social services district;
    13    (ii) law enforcement records,  except  where  the  provision  of  such
    14  records would interfere with an ongoing law enforcement investigation or
    15  identify  a  confidential source or endanger the safety or welfare of an

    16  individual;
    17    (iii) court records;
    18    (iv) probation and parole records;
    19    (v) records from  domestic  violence  residential  or  non-residential
    20  programs;
    21    (vi)  records from any relevant service provider, program or organiza-
    22  tion; and
    23    (vii) all other relevant records in the possession of state and  local
    24  officials  or agencies provided, however, no official or agency shall be
    25  required to provide information or records concerning a person  charged,
    26  investigated  or  convicted  in such death or near death in violation of
    27  such person's attorney-client privilege.
    28    (i) Any information or records otherwise confidential  and  privileged

    29  in accordance with state law which are provided to the team shall remain
    30  confidential  as  otherwise provided by law. All records received, meet-
    31  ings conducted, reports and records made and maintained  and  all  books
    32  and  papers  obtained by the team shall be confidential and shall not be
    33  open or made available, except by court order or as set forth  in  para-
    34  graphs (k) and (l) of this subdivision.
    35    (j)  Any person who releases or permits the release of any information
    36  protected under paragraph (i) of this subdivision to persons or agencies
    37  not authorized to receive such information shall be guilty of a class  A
    38  misdemeanor.
    39    (k) Team members and persons who present information to the team shall

    40  not  be  questioned  in  any  civil or criminal proceeding regarding any
    41  opinions formed as a result of a meeting of the team.   Nothing in  this
    42  section  shall  be  construed  to prevent a person from testifying as to
    43  information which is obtained independently of the team  or  information
    44  which is public.
    45    (l)  Team  members  are  not liable for damages or other relief in any
    46  action brought by reason of the reasonable and good faith performance of
    47  a duty, function, or activity of the team.
    48    (m) Consistent with all federal and state confidentiality protections,
    49  the team may provide recommendations to any  individual  or  entity  for
    50  appropriate  actions  to  improve  a  community's  response  to domestic
    51  violence.

    52    (n) The team shall periodically submit  a  cumulative  report  to  the
    53  governor  and  the  legislature  incorporating  the aggregate data and a
    54  summary of the general findings and recommendations resulting  from  the
    55  domestic  violence  fatality reviews completed pursuant to this subdivi-

        S. 7638                             5
 
     1  sion. The cumulative report shall thereafter be made  available  to  the
     2  public, consistent with federal and state confidentiality protections.
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it shall have become law.
 
     5                                   PART B
 
     6    Section  1.  Subdivision 2 of section 4201 of the public health law is
     7  amended by adding a new paragraph (e) to read as follows:

     8    (e) No person who: (1) at the time of the decedent's  death,  was  the
     9  subject  of  an  order of protection protecting the decedent; or (2) has
    10  been arrested or charged with any crime set forth in article one hundred
    11  twenty-five of the penal law as a result of any action allegedly causal-
    12  ly related to the death of the decedent shall have the right to  control
    13  the disposition of the remains of the decedent. However, the application
    14  of  this paragraph in a particular case may be waived or modified in the
    15  interest of justice by order of (i) the court that issued the  order  of
    16  protection  or  in which the criminal action against the person is pend-
    17  ing, or a superior court in which an  action  or  proceeding  under  the

    18  domestic  relations  law  or the family court act between the person and
    19  the decedent was pending at the time of the decedent's death, or (ii) if
    20  proceeding in that court would cause inappropriate delay, a court  in  a
    21  special proceeding.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
 
    24                                   PART C
 
    25    Section 1. Subdivision 1 of  section  108  of  the  executive  law  is
    26  amended by adding two new paragraphs (g) and (h) to read as follows:
    27    (g)  "Public record" means any information kept, held, filed, produced
    28  or reproduced by, with or for an agency, in any physical form whatsoever
    29  including, but not limited to, reports, statements, examinations,  memo-

    30  randa,  opinions,  folders,  files,  books,  manuals,  pamphlets, forms,
    31  papers, designs, drawings, maps, photos, letters,  microfilms,  computer
    32  tapes or discs, rules, regulations or codes.
    33    (h)  "Process" means judicial process and all orders, demands, notices
    34  or other papers required or permitted by law to be served on  a  program
    35  participant.
    36    §  2.  The  opening  paragraph of subparagraph (i) of paragraph (a) of
    37  subdivision 2 of section 108 of the executive law, as added  by  chapter
    38  502  of  the  laws  of  2011, is amended, subparagraph (v) is renumbered
    39  subparagraph (vi) and a  new  subparagraph  (v)  is  added  to  read  as
    40  follows:
    41    [A]  a  signed  written  statement  [made  under oath] affirmed by the
    42  applicant that:

    43    (v) the name of any person who resides with  the  applicant  who  also
    44  needs  to  be a program participant in order to ensure the safety of the
    45  applicant and, if the person named in the application is eighteen  years
    46  of  age or older, the consent of such person to be a program participant
    47  and designation by such person of the secretary as agent for purposes of
    48  service of process and for the purpose of receipt of mail; and
    49    § 3. Subparagraph (i) of paragraph (b) and paragraph (c)  of  subdivi-
    50  sion  4  of section 108 of the executive law, as added by chapter 502 of
    51  the laws of 2011, are amended to read as follows:

        S. 7638                             6
 
     1    (i) [if requested by a law enforcement agency  for  a  legitimate  law

     2  enforcement  purpose  as determined by the law enforcement agency] there
     3  is a bona fide statutory or administrative requirement for the  communi-
     4  cation of an actual address to another agency that has received a waiver
     5  from  the  secretary,  provided that each waiver specifically authorizes
     6  such communication with the specified agency; or
     7    (c) Upon receipt by the secretary of a process or mail for  a  partic-
     8  ipant,  the  office  of the secretary shall immediately forward all such
     9  process or mail to the appropriate program participants [at their actual
    10  address] at the address specified by the participant for  that  purpose,
    11  and  shall  record the date of such forwarding.  Service of process on a

    12  program participant, a program participant's minor child,  incapacitated
    13  person  or  other  adult  member  of the program participant's household
    14  shall be complete when the secretary receives such process  by  mail  or
    15  otherwise.
    16    §  4.  Subdivision  6 of section 108 of the executive law, as added by
    17  chapter 502 of the laws of 2011, is amended to read as follows:
    18    6.  Disclosure  of  [participant's  address]  participant  information
    19  prohibited;  exceptions.  (a)  The  secretary  shall  not make a program
    20  participant's [address] information, other than the substitute  address,
    21  available  for  inspection or copying, except under any of the following
    22  circumstances:

    23    [(a)] (i) if requested by a law enforcement agency  for  a  legitimate
    24  law enforcement purpose as determined by the law enforcement agency; or
    25    [(b)]  (ii)  to  a person identified in a court order, upon the secre-
    26  tary's receipt of that court order which specifically orders the disclo-
    27  sure of a particular program participant's address and the reasons stat-
    28  ed therefor[; or].
    29    [(c) to] (b) The secretary may verify the participation of a  specific
    30  program participant, in which case the secretary may only confirm infor-
    31  mation supplied by the requester.
    32    § 5. Section 2 of chapter 502 of the laws of 2011, amending the execu-
    33  tive  law  relating  to  authorizing  the  secretary  of state to accept
    34  service of process and receipt of mail on behalf of victims of  domestic

    35  violence  for  the  purpose  of  maintaining  the confidentiality of the
    36  location of such victims, is amended to read as follows:
    37    § 2. This act shall take effect [nine months after the date  it  shall
    38  have  become a law] July 15, 2012; provided, however, that the secretary
    39  of state is authorized and directed to promulgate all rules, regulations
    40  and forms necessary to implement the provisions  of  this  act,  on  its
    41  effective date, on or before such date.
    42    §  6.  This act shall take effect immediately; provided, however, that
    43  sections one, two, three and four of this act shall take effect  on  the
    44  same  date and in the same manner as chapter 502 of the laws of 2011, as
    45  amended takes effect.
 
    46                                   PART D
 
    47    Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-

    48  sion 2 of section 510.30 of the criminal procedure law, as renumbered by
    49  chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
    50  (ix) and a new subparagraph (vii) is added to read as follows:
    51    (vii) Where the principal is charged with a crime or crimes against  a
    52  member  or  members  of  the  same  family  or household as that term is
    53  defined in subdivision one of section 530.11 of this title, the  follow-
    54  ing factors:

        S. 7638                             7
 
     1    (A) any violation by the principal of an order of protection issued by
     2  any  court  for the protection of a member or members of the same family
     3  or household as that term is  defined  in  subdivision  one  of  section

     4  530.11  of  this  title,  whether  or  not  such  order of protection is
     5  currently in effect; and
     6    (B) the principal's history of use or possession of a firearm; and
     7    §  2.  The penal law is amended by adding a new section 240.75 to read
     8  as follows:
     9  § 240.75 Aggravated family offense.
    10    1. A person is guilty of aggravated family  offense  when  he  or  she
    11  commits  a  misdemeanor  defined in subdivision two of this section as a
    12  specified offense and he or she has been convicted of one or more speci-
    13  fied offenses within the  immediately  preceding  five  years.  For  the
    14  purposes  of  this subdivision, in calculating the five year period, any
    15  period of time during which  the  defendant  was  incarcerated  for  any

    16  reason  between  the  time  of  the  commission  of any of such previous
    17  offenses and the time of  commission  of  the  present  crime  shall  be
    18  excluded  and  such  five  year  period shall be extended by a period or
    19  periods equal to the time served under such incarceration.
    20    2. A "specified offense" is  an  offense  defined  in  section  120.00
    21  (assault  in  the  third  degree); section 120.05 (assault in the second
    22  degree); section 120.10 (assault in the first  degree);  section  120.13
    23  (menacing  in  the first degree); section 120.14 (menacing in the second
    24  degree); section 120.15 (menacing in the third degree);  section  120.20
    25  (reckless  endangerment  in the second degree); section 120.25 (reckless

    26  endangerment in the first  degree);  section  120.45  (stalking  in  the
    27  fourth  degree);  section 120.50 (stalking in the third degree); section
    28  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    29  first  degree);  section  121.11  (criminal  obstruction of breathing or
    30  blood circulation); section 121.12 (strangulation in the second degree);
    31  section 121.13 (strangulation in the first degree); subdivision  one  of
    32  section 125.15 (manslaughter in the second degree); subdivision one, two
    33  or  four  of  section 125.20 (manslaughter in the first degree); section
    34  125.25 (murder in the second degree);  section  130.20  (sexual  miscon-
    35  duct);  section 130.30 (rape in the second degree); section 130.35 (rape

    36  in the first degree); section 130.40 (criminal sexual act in  the  third
    37  degree);  section  130.45  (criminal  sexual  act in the second degree);
    38  section 130.50 (criminal sexual act in the first degree); section 130.52
    39  (forcible touching); section 130.53 (persistent sexual  abuse);  section
    40  130.55  (sexual abuse in the third degree); section 130.60 (sexual abuse
    41  in the second  degree);  section  130.65  (sexual  abuse  in  the  first
    42  degree);  section  130.66 (aggravated sexual abuse in the third degree);
    43  section 130.67 (aggravated sexual abuse in the second  degree);  section
    44  130.70  (aggravated  sexual  abuse  in the first degree); section 130.91
    45  (sexually motivated felony); section 130.95 (predatory sexual  assault);

    46  section  130.96  (predatory  sexual  assault  against  a child); section
    47  135.05 (unlawful imprisonment in  the  second  degree);  section  135.10
    48  (unlawful imprisonment in the first degree); section 135.60 (coercion in
    49  the  second  degree);  section  135.65  (coercion  in the first degree);
    50  section 140.20 (burglary in the third degree); section 140.25  (burglary
    51  in  the  second  degree); section 140.30 (burglary in the first degree);
    52  section 145.00 (criminal mischief in the fourth degree); section  145.05
    53  (criminal  mischief  in  the  third  degree);  section  145.10 (criminal
    54  mischief in the second degree); section 145.12 (criminal mischief in the
    55  first degree); section 145.14 (criminal tampering in the third  degree);

    56  section  215.50 (criminal contempt in the second degree); section 215.51

        S. 7638                             8
 
     1  (criminal contempt in the  first  degree);  section  215.52  (aggravated
     2  criminal  contempt);  section  240.25  (harassment in the first degree);
     3  subdivision one, two or four of section 240.30 (aggravated harassment in
     4  the second degree); aggravated family offense as defined in this section
     5  or  any  attempt  or  conspiracy to commit any of the foregoing offenses
     6  where the defendant and the person against whom the offense was  commit-
     7  ted  were members of the same family or household as defined in subdivi-
     8  sion one of section 530.11 of the criminal procedure law.

     9    3. The person against whom the current specified offense is  committed
    10  may  be  different  from  the person against whom the previous specified
    11  offense was committed and such persons do not need to be members of  the
    12  same family or household.
    13    Aggravated family offense is a class E felony.
    14    §  3.  The  criminal  procedure law is amended by adding a new section
    15  200.63 to read as follows:
    16  § 200.63 Indictment; special information for aggravated family offense.
    17    1. Whenever a person is  charged  with  the  commission  or  attempted
    18  commission  of an aggravated family offense as defined in section 240.75
    19  of the penal law, an indictment or information for such offense shall be

    20  accompanied by a special information, filed  by  the  district  attorney
    21  with  the court, alleging that the defendant was previously convicted of
    22  a specified offense as defined in subdivision two of section  240.75  of
    23  the  penal  law,  that at the time of the previous offense the defendant
    24  and the person against whom the offense was committed  were  members  of
    25  the  same  family  or household as defined in subdivision one of section
    26  530.11 of this chapter, and that such  previous  conviction  took  place
    27  within the time period specified in subdivision one of section 240.75 of
    28  the  penal  law.  Except as provided herein, the people may not refer to
    29  such special information during trial nor adduce any evidence concerning
    30  the allegations therein.

    31    2. Prior to the commencement of the trial, the court, in  the  absence
    32  of the jury, must arraign the defendant upon such information and advise
    33  him  or her that he or she may admit each such allegation, deny any such
    34  allegation or remain mute with respect to any such allegation. Depending
    35  upon the defendant's response, the trial of the indictment  or  informa-
    36  tion must then proceed as follows:
    37    (a)(i)  If the previous conviction is for an aggravated family offense
    38  as defined in section 240.75 of the penal law, and the defendant  admits
    39  the  previous  conviction  or  that it took place within the time period
    40  specified in subdivision one of section 240.75 of the  penal  law,  such

    41  admitted  allegation  or allegations shall be deemed established for the
    42  purposes of the present prosecution, including  sentencing  pursuant  to
    43  section  70.00  of  the penal law. The court must submit the case to the
    44  jury as if such admitted allegation or allegations were not elements  of
    45  the offense.
    46    (ii)  If  the defendant denies the previous conviction or remains mute
    47  with respect to it, the people may prove,  beyond  a  reasonable  doubt,
    48  that element of the offense before the jury as a part of their case.
    49    (iii)  If the defendant denies that the previous conviction took place
    50  within the time period specified in subdivision one of section 240.75 of
    51  the penal law, or remains mute with respect to that matter,  the  people

    52  may  prove,  beyond a reasonable doubt, before the jury as part of their
    53  case, that the previous conviction took place  within  the  time  period
    54  specified.
    55    (b)(i)  If  the  previous  conviction  is  for  a specified offense as
    56  defined in subdivision two of section 240.75 of  the  penal  law,  other

        S. 7638                             9
 
     1  than  an aggravated family offense, and the defendant admits such previ-
     2  ous conviction, that it took place within the time period  specified  in
     3  subdivision  one of section 240.75 of the penal law, or that the defend-
     4  ant  and  the person against whom the offense was committed were members
     5  of the same family or household as defined in subdivision one of section

     6  530.11 of this chapter, such admitted allegation or allegations shall be
     7  deemed established for the purposes of the present prosecution,  includ-
     8  ing  sentencing  pursuant  to  section 70.00 of the penal law. The court
     9  must submit the case to the jury as if the admitted allegation or  alle-
    10  gations were not elements of the offense.
    11    (ii)  If  the defendant denies the previous conviction or remains mute
    12  with respect to it, the people may prove,  beyond  a  reasonable  doubt,
    13  that element of the offense before the jury as a part of their case.
    14    (iii)  If the defendant denies that the previous conviction took place
    15  within the time period specified in subdivision one of section 240.75 of

    16  the penal law, or remains mute with respect to that matter,  the  people
    17  may  prove,  beyond a reasonable doubt, before the jury as part of their
    18  case, that the previous conviction took place  within  the  time  period
    19  specified.
    20    (iv) If the defendant denies that the defendant and the person against
    21  whom  the previous offense was committed were members of the same family
    22  or household as defined in subdivision one of  section  530.11  of  this
    23  chapter,  or  remains  mute  with respect to that matter, the people may
    24  prove, beyond a reasonable doubt, that element of the offense before the
    25  jury as a part of their case.
    26    § 4.  Subdivisions 4 and 5 of section 240.30  of  the  penal  law  are

    27  renumbered subdivisions 5 and 6 and a new subdivision 4 is added to read
    28  as follows:
    29    4.  Strikes,  shoves,  kicks  or  otherwise subjects another person to
    30  physical contact thereby causing physical injury to such person or to  a
    31  family  or  household member of such person as defined in section 530.11
    32  of the criminal procedure law.
    33    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    34  have  become  a  law;  provided  that sections two and three of this act
    35  shall take effect on the ninetieth day after it shall have become a law.
 
    36                                   PART E
 
    37    Section 1. Paragraph 2 of subsection (c) of section 2612 of the insur-
    38  ance law, as amended by chapter 246 of the laws of 2005, is  amended  to
    39  read as follows:

    40    (2)  "insurer" shall mean an insurer, a corporation organized pursuant
    41  to article forty-three of this chapter, a municipal  cooperative  health
    42  benefit  plan  established pursuant to article forty-seven of this chap-
    43  ter, a health maintenance organization  certified  pursuant  to  article
    44  forty-four  of  the  public  health  law  or a provider issued a special
    45  certificate of authority pursuant to section four thousand four  hundred
    46  three-a  of  such  law,  or an agent, representative or designee thereof
    47  regulated pursuant to this chapter.
    48    § 2. Section 2612 of the insurance law is  amended  by  adding  a  new
    49  subsection (h) to read as follows:
    50    (h)(1) For purposes of this subsection:
    51    (A) "Claim related information" means all claim or billing information

    52  relating  specifically to an insured, subscriber or person covered by an
    53  insurance policy or contract issued by the health insurer.

        S. 7638                            10
 
     1    (B) "Health insurer" means an insurer licensed to write  accident  and
     2  health  insurance or salary protection insurance in this state, a corpo-
     3  ration organized pursuant to article  forty-three  of  this  chapter,  a
     4  municipal  cooperative health benefit plan established pursuant to arti-
     5  cle  forty-seven  of  this  chapter,  a  health maintenance organization
     6  certified pursuant to article forty-four of the public health law  or  a
     7  provider  issued  a special certificate of authority pursuant to section

     8  four thousand four hundred three-a of such law, or an  agent,  represen-
     9  tative or designee thereof regulated pursuant to this chapter.
    10    (2)(A)  A  health  insurer shall accommodate a reasonable request by a
    11  person covered by an insurance policy or contract issued by  the  health
    12  insurer  to receive communications of claim related information from the
    13  health insurer by alternative means or at alternative locations  if  the
    14  person  clearly states that disclosure of all or part of the information
    15  could endanger the person.
    16    (B) If a child is covered by an insurance policy or contract issued by
    17  the health insurer, then the child's  parent  or  guardian  may  make  a
    18  request to the health insurer pursuant to subparagraph (A) of this para-

    19  graph.
    20    (3)  A health insurer may require: a person to make a request pursuant
    21  to paragraph two of this subsection in writing; the request to contain a
    22  statement that disclosure of all or part of the claim  related  informa-
    23  tion  to  which the request pertains could endanger the person or child;
    24  and the specification of an alternative  address,  telephone  number  or
    25  other method of contact.
    26    (4) With respect to an insurer authorized to write accident and health
    27  insurance in this state, this subsection shall apply only to a policy of
    28  accident  and  health  insurance or a policy of salary protection insur-
    29  ance, as defined in subsection (a) of section one thousand  one  hundred
    30  thirteen of this chapter.

    31    (5)  Nothing  in  this  subsection shall prevent, hinder, or otherwise
    32  affect the entry of an appropriate order made in the best interests of a
    33  child by a court of competent jurisdiction adjudicating disputed  issues
    34  of child welfare or custody.
    35    (6)  Except  with  the  express consent of the person making a request
    36  pursuant to subparagraph (A) of paragraph  two  of  this  subsection,  a
    37  health  insurer  shall not disclose to the policyholder (i) the address,
    38  telephone number, or any other personally identifying information of the
    39  person who made the request or child for whose  benefit  a  request  was
    40  made; (ii) the nature of the health care services provided; or (iii) the
    41  name or address of the provider of the covered services.

    42    (7)  A  health insurer that makes reasonable and good faith efforts to
    43  comply with this subsection shall not be subject to  civil  or  criminal
    44  liability on the ground of non-compliance with this subsection.
    45    (8)  The  superintendent,  in  consultation  with  the commissioner of
    46  health, the office of children and family services and  the  office  for
    47  the  prevention  of  domestic  violence, shall promulgate rules to guide
    48  health insurers in guarding against the disclosure  of  the  information
    49  protected pursuant to this subsection.
    50    §  3. This act shall take effect on the first of January next succeed-
    51  ing the date on which it shall have become  a  law,  provided,  however,
    52  that effective immediately the addition, amendment or repeal of any rule

    53  or regulation necessary for the implementation of this act on its effec-
    54  tive date is authorized.
    55    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    56  sion,  section  or  part  of  this act shall be adjudged by any court of

        S. 7638                            11
 
     1  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     2  impair,  or  invalidate  the remainder thereof, but shall be confined in
     3  its operation to the clause, sentence, paragraph,  subdivision,  section
     4  or part thereof directly involved in the controversy in which such judg-
     5  ment shall have been rendered. It is hereby declared to be the intent of
     6  the  legislature  that  this  act  would  have been enacted even if such
     7  invalid provisions had not been included herein.
     8    § 3. This act shall take effect immediately  provided,  however,  that

     9  the  applicable effective date of Parts A through E of this act shall be
    10  as specifically set forth in the last section of such Parts.
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