Bill S7022-2013

Relates to the New York state domestic violence fatality review team access to sealed records

Relates to the New York state domestic violence fatality review team access to sealed records.

Details

  • Versions
  • Sponsor:
  • Multi-sponsor(s):
  • Co-sponsor(s):
  • Committee:
  • Law Section:
  • Law:

Actions

  • May 29, 2014: REPORTED AND COMMITTED TO FINANCE
  • Apr 16, 2014: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Codes - May 29, 2014
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S7022

TITLE OF BILL: An act to amend the executive law, the social services law and the criminal procedure law, in relation to the New York state domestic violence fatality review team access to sealed records

Purpose of the bill:

This bill would authorize the NYS Domestic Violence Fatality Review Team (DVF) to access sealed criminal justice and social services records for the purpose of inclusion in local fatality reviews.

Summary of Provisions:

Section 1 would amend paragraph (h) of subdivision 10 of section 575 of the Executive Law to provide the DVF with access to the following records: unfounded reports of child abuse or maltreatment, family assessment response records, indicated reports, and reports regarding cases of alleged child abuse or maltreatment that are still under investigation, sealed pursuant to sections 422 and 427-a of the Social Services Law, and law enforcement records sealed pursuant to sections 160.50, 160.55 and 160.58 of the Criminal Procedure Law.

Section 2 would amend paragraph (i) of subdivision 10 of section 575 of the Executive Law to clarify that all confidential, privileged and sealed information and records provided to the DVT will remain confidential, privileged and sealed.

Section 3 would amend paragraph (A) of subdivision 4 of section 422 of the Social Services Law to add a new subparagraph (bb) which adds the DVF the list of entities that can access indicated reports and reports regarding cases of alleged child abuse or maltreatment that are still under investigation.

Section 4 would amend paragraph (a) of subdivision 5 of section 422 of the Social Services Law to add a new subparagraph (vi) which adds the DVF to the list of entities that can access unfounded reports of child abuse or maltreatment.

Section 5 would amend paragraph (d) of subdivision 5 of section 427-a of the Social Services Law to add a new subparagraph (viii) which adds the DVF to the list of entities that can access family assessment response records.

Sections 6, 7 and 8 would amend the Criminal Procedure Law to allow DVF to access certain sealed records: § 160.50 criminal actions terminated in favor of the accused, § 160.55 convictions for noncriminal offenses, and § 160.58 convictions for certain controlled substances, marihuana or specified offenses.

Section 9 of the bill sets forth an immediate effective date.

Existing law:

The information sought in this bill is currently provided only to certain specified entities.

Prior Legislative History:

New proposal.

Statement in support:

This bill seeks to address an issue that arose when the NYS Domestic Violence Fatality Review Team prepared to conduct its first fatality review in 2013 and it was denied access to certain sealed records.

A fatality review brings together domestic violence-related professionals and other relevant individuals in a community to review a domestic violence homicide in an effort to understand more fully the factors involved and the sequence of events in a case. The primary goal of the review is to identify gaps in response, service delivery or coordination, and to determine how systems can be improved in order to prevent future deaths. The thoroughness of any records review would be improved by including the information sought in this proposal.

As with all other information obtained for, or generated by, a domestic violence fatality review, the records will be destroyed at the end of the review. Strict confidentiality of contents, as well as pre-existing confidentiality laws that apply to the specific records being sought will also be maintained. To further ensure confidentiality, any future reports of the DVF would contain only aggregated information and general recommendations summarized across several fatality reviews; case-specific information will not be revealed.

Budget Implications:

None.

Local impact:

None.

Effective Date:

Immediate effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7022 IN SENATE April 16, 2014 ___________
Introduced by Sen. NOZZOLIO -- (at request of the Office for Prevention of Domestic Violence) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, the social services law and the crim- inal procedure law, in relation to the New York state domestic violence fatality review team access to sealed records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (h) of subdivision 10 of section 575 of the exec- utive law, as added by section 3 of part A of chapter 491 of the laws of 2012, is amended to read as follows: (h) To the extent consistent with federal law, upon request the team shall be provided client-identifiable information and records necessary for the investigation of a domestic violence-related death or near death incident, including, but not limited to: (i) records maintained by a local social services district, INCLUDING BUT NOT LIMITED TO, RECORDS WHICH ARE AUTHORIZED TO BE DISCLOSED PURSU- ANT TO SUBPARAGRAPH (BB) OF PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWENTY-TWO, SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVI- SION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO AND SUBPARAGRAPH (VIII) OF PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-SEVEN-A OF THE SOCIAL SERVICES LAW; (ii) law enforcement records, INCLUDING RECORDS SEALED PURSUANT TO SECTIONS 160.50, 160.55 AND 160.58 OF THE CRIMINAL PROCEDURE LAW, except where the provision of [such] LAW ENFORCEMENT records would interfere with an ongoing law enforcement investigation or identify a confidential source or endanger the safety or welfare of an individual; (iii) court records; (iv) probation and parole records; (v) records from domestic violence residential or non-residential programs; (vi) records from any relevant service provider, program or organiza- tion; and
(vii) all other relevant records in the possession of state and local officials or agencies provided, however, no official or agency shall be required to provide information or records concerning a person charged, investigated or convicted in such death or near death in violation of such person's attorney-client privilege. S 2. Paragraph (i) of subdivision 10 of section 575 of the executive law, as added by section 3 of part A of chapter 491 of the laws of 2012, is amended to read as follows: (i) Any information or records otherwise confidential [and], privi- leged AND SEALED in accordance with state law which are provided to the team shall remain confidential, PRIVILEGED AND SEALED as otherwise provided by law. All records received, meetings conducted, reports and records made and maintained and all books and papers obtained by the team shall be confidential and shall not be open or made available, except by court order or as set forth in paragraphs (k) and (l) of this subdivision. S 3. Subparagraphs (z) and (aa) of paragraph (A) of subdivision 4 of section 422 of the social services law, subparagraph (z) as amended and subparagraph (aa) as added by chapter 440 of the laws of 2011, are amended and a new subparagraph (bb) is added to read as follows: (z) an entity with appropriate legal authority in another state to license, certify or otherwise approve prospective foster and adoptive parents where disclosure of information regarding the prospective foster or adoptive parents and other persons over the age of eighteen residing in the home of such prospective parents is required by paragraph twenty of subdivision (a) of section six hundred seventy-one of title forty-two of the United States code; [and] (aa) a social services official who is investigating whether an adult is in need of protective services in accordance with the provisions of section four hundred seventy-three of this chapter, when such official has reasonable cause to believe such adult may be in need of protective services due to the conduct of an individual or individuals who had access to such adult when such adult was a child and that such reports and information are needed to further the present investigation[.]; AND (BB) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J) OF SUCH SUBDIVISION. S 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 5 of section 422 of the social services law, as amended by chapter 555 of the laws of 2000, are amended and a new subparagraph (vi) is added to read as follows: (iv) to the subject of the report; [and] (v) to a district attorney, an assistant district attorney, an inves- tigator employed in the office of a district attorney, or to a sworn officer of the division of state police, of a city, county, town or village police department or of a county sheriff's office when such official verifies that the report is necessary to conduct an active investigation or prosecution of a violation of subdivision three of section 240.55 of the penal law[.]; AND (VI) TO THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J) OF SUCH SUBDIVISION. S 5. Subparagraphs (vi) and (vii) of paragraph (d) of subdivision 5 of section 427-a of the social services law, as amended by chapter 377 of the laws of 2011, are amended and a new subparagraph (viii) is added to read as follows: (vi) a court, but only while the family is receiving services provided under the family assessment and services track and only pursuant to a court order or judicial subpoena, issued after notice and an opportunity for the subject of the report and all parties to the present proceeding to be heard, based on a judicial finding that such reports, records, and any information concerning such reports and records, are necessary for the determination of an issue before the court. Such reports, records and information to be disclosed pursuant to a judicial subpoena shall be submitted to the court for inspection and for such directions as may be necessary to protect confidentiality, including but not limited to redaction of portions of the reports, records, and information and to determine any further limits on redisclosure in addition to the limita- tions provided for in this title. A court shall not have access to the sealed family assessment and services reports, records, and any informa- tion concerning such reports and records, after the conclusion of services provided under the family assessment and services track; [and] (vii) the subject of the report included in the records of the family assessment and services track[.]; AND (VIII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J) OF SUCH SUBDIVISION. S 6. Paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law, as amended by section 73 of subpart B of part C of chap- ter 62 of the laws of 2011, is amended to read as follows: (d) such records shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state department of corrections and community supervision when the accused is on parole supervision as a result of conditional release or a parole release granted by the New York state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such super- vision or (v) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an applica- tion for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto, or (vi) the probation department responsi- ble for supervision of the accused when the arrest which is the subject
of the inquiry is one which occurred while the accused was under such supervision, OR (VII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARA- GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and S 7. Paragraph (d) of subdivision 1 of section 160.55 of the criminal procedure law, as amended by section 74 of subpart B of part C of chap- ter 62 of the laws of 2011, is amended to read as follows: (d) the records referred to in paragraph (c) of this subdivision shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state department of corrections and community supervision when the accused is under parole supervision as a result of conditional release or parole release granted by the New York state board of parole and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (vi) a police agency, probation department, sher- iff's office, district attorney's office, department of correction of any municipality and parole department, for law enforcement purposes, upon arrest in instances in which the individual stands convicted of harassment in the second degree, as defined in section 240.26 of the penal law, committed against a member of the same family or household as the defendant, as defined in subdivision one of section 530.11 of this chapter, and determined pursuant to subdivision eight-a of section 170.10 of this title, OR (VII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARA- GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and S 8. Subdivision 6 of section 160.58 of the criminal procedure law, as added by section 3 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: 6. Records sealed pursuant to this subdivision shall be made available to: (a) the defendant or the defendant's designated agent; (b) qualified agencies, as defined in subdivision nine of section eight hundred thirty-five of the executive law, and federal and state law enforcement agencies, when acting within the scope of their law enforcement duties; or (c) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the person has made applica- tion for such a license; or (d) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of this chapter, in relation to an application for employ- ment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation there- to[.]; OR (E) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J) OF SUCH SUBDIVISION. S 9. This act shall take effect immediately.

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