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.
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.
STATE OF NEW YORK ________________________________________________________________________ 3274 2011-2012 Regular Sessions IN 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 POLICIESEXPLANATION--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.