Directs the municipal police training council to establish policies and procedures for police officers, relating to the investigation of and intervention into sex offenses; provides for recommendations to the governor relating to rules and regulations therefor.

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S3274-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO FINANCE
• Feb 15, 2011: REFERRED TO FINANCE

S3274-2011 Memo

BILL NUMBER:S3274

TITLE OF BILL:
An act
to amend the executive law, in relation to directing the municipal
police training council to establish policies and procedures for the
investigation of sex offenses and intervention by police officers into
the commission of such offenses

PURPOSE OF BILL:
This bill would better protect victims of sexual assault as well as
the general public by authorizing the Municipal police Training
council to establish policies and procedures regarding investigations
of and interventions by police officers relating to sexual assault
crimes including related provisions for training of new and veteran
police officers.

SUMMARY OF PROVISIONS OF BILL:
Section 1 of the bill amends the executive law by adding a new
subdivision 4 to section 840.

Subdivision 4(a) authorizes the Municipal police Training council to
develop and disseminate policies and procedures regarding the
investigation and intervention by police officers in sexual assault
crimes. The policies and procedures will also make provisions for
education and training relating to the enforcement and investigation
of crimes involving sexual assault under New York's state laws.

Subdivision 4(b) authorizes the Municipal police Training Council to
recommend to the governor rules and regulations with respect to the
establishment and implementation of a training program for all
current and new police officers regarding the policies and procedures
established pursuant to the subdivision.

Section 2 provides that this act shall become law on the ninetieth day
after becoming law.

JUSTIFICATION:
Over the past ten years the legislature has enacted over 100 new
tough-on-crime laws which have helped reduce New York's crime rate.
Among these laws have been significant enactments to crack down on
sexual offenders including the landmark Sexual Assault Reform Act of
2000 and successive improvements to the State Sex Offender
Registration Act (Megan's Law). Yet, studies indicate that a small
percentage of rape or
sexual assault is reported. In addition, a significant percentage of
sexual violence is perpetrated by intimate partners. Furthermore, it
is not uncommon to presume that sexual violence occurs among strangers.
This may impact the nature and type of response to such crimes. In
addition, advocates for prevention of sexual violence continue to
express a need for better instruction for police officers related to
response to sexual violence. Therefore, it is critical to build on
the foundations of laws the legislature has passed thus far relating
to sexual violence to ensure that police officers have uniform
policies and procedures for investigation and intervention, and the


necessary information, training and tools to enhance their response
to sexual violence.

Similar to the provisions for response to domestic violence, this
legislation provides for the municipal police training council (MPTC)
to develop policies and procedures for investigation and intervention
by police officers of crimes involving sexual assault. Such policies
and procedures, developed after consultation with rape crisis centers
experienced in assisting victims in New York State, would include
provisions for training of police officers such as, techniques to
interview sexual assault victims, developing a better understanding
of rape and sexual abuse trauma, common attributes of offenders, fair
treatment standards for crime victims, gathering and preservation of
evidence and notice of local services available to victims of such
crimes. This is important as advocates for prevention of sexual
violence continue to express a need for policies, procedures and
instruction for police officers that emphasizes a victim centered
approach to response to sexual violence. While this legislation does
not require training of veteran officers, it provides for development
and dissemination of policies and procedures for their training when
such training occurs.

This legislation addresses the technical and fiscal concerns raised in
the veto message
68 of 2009 relating to A.4629-B. It does so by
authorizing the MPTC to recommend regulations to the Governor. In
addition, it addresses the fiscal concerns in the message by removing
additional training for child protective workers and also does not
mandate training for veteran officers.

LEGISLATIVE HISTORY:
2010:    S.7497/A.10571 (Weinstein) - Referred to finance
2009:    A.4629-B/S.5042 - Veto
68 '09
2007-08: A.3148-A - Passed Assembly
2006:    A.8294 - Passed Assembly
2005:    A.8294 - A. Calendar

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect in 90 days.

S3274-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3274

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 15, 2011
                                 ___________

  Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
    and when printed to be committed to the Committee on Finance

  AN ACT to amend the executive law, in relation to directing the  munici-
    pal  police  training council to establish policies and procedures for
    the investigation of sex offenses and intervention by police  officers
    into the commission of such offenses

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 840 of the executive law is amended by adding a new
  subdivision 4 to read as follows:

    4. THE COUNCIL SHALL, IN ADDITION:

    (A) DEVELOP, MAINTAIN  AND  DISSEMINATE,  IN  CONSULTATION  WITH  RAPE
  CRISIS  CENTERS  EXPERIENCED IN ASSISTING VICTIMS IN THIS STATE, WRITTEN
  POLICIES AND PROCEDURES CONSISTENT WITH  APPLICABLE  PROVISIONS  OF  THE
  FAMILY COURT ACT, DOMESTIC RELATIONS LAW, CRIMINAL PROCEDURE LAW AND THE
  PENAL  LAW,  REGARDING  THE INVESTIGATION OF AND INTERVENTION BY NEW AND
  VETERAN POLICE OFFICERS IN CRIMES INVOLVING SEXUAL ASSAULT.  SUCH  POLI-
  CIES  AND PROCEDURES SHALL MAKE PROVISIONS FOR EDUCATION AND TRAINING OF
  NEW AND VETERAN POLICE OFFICERS IN THE INVESTIGATION AND ENFORCEMENT  OF
  CRIMES  INVOLVING  SEXUAL  ASSAULT  UNDER  STATE  LAW, INCLUDING BUT NOT
  LIMITED TO:

    (1) TECHNIQUES FOR INTERVIEWING SEXUAL ASSAULT VICTIMS,
    (2) FAIR TREATMENT STANDARDS FOR CRIME  VICTIMS  PURSUANT  TO  ARTICLE
  TWENTY-THREE OF THIS CHAPTER,
    (3) EVIDENCE GATHERING AND EVIDENCE PRESERVATION, AND
    (4)  DISSEMINATION  OF  INFORMATION  CONCERNING  AVAILABILITY OF LOCAL
  SERVICES FOR THE VICTIMS OF SUCH CRIMES; AND
    (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
  ESTABLISHMENT  AND  IMPLEMENTATION  ON  AN  ONGOING  BASIS OF A TRAINING
  PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07222-01-1

 S. 3274                             2

  AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
  RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
    S  2.  This  act shall take effect on the ninetieth day after it shall
  have become a law.