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).
Sponsor: SALAND
Law Section: Executive Law
Law: 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
Co-sponsor(s):
GOLDEN, LANZA, RANZENHOFER, BALL, KLEIN, AVELLA, CARLUCCI, GALLIVAN, GIANARIS, GRISANTI, HASSELL-THOMPSON, KENNEDY, O'MARA, OPPENHEIMER, SAVINO, SQUADRON, VALESKY
Law Section: Executive Law
Law: 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
S7638-2011 Actions
- Oct 25, 2012: SIGNED CHAP.491
- Oct 15, 2012: DELIVERED TO GOVERNOR
- Jun 12, 2012: returned to senate
- Jun 12, 2012: passed assembly
- Jun 12, 2012: ordered to third reading rules cal.144
- Jun 12, 2012: substituted for a10624
- Jun 12, 2012: referred to codes
- Jun 12, 2012: DELIVERED TO ASSEMBLY
- Jun 12, 2012: PASSED SENATE
- Jun 12, 2012: ORDERED TO THIRD READING CAL.1161
- Jun 8, 2012: REFERRED TO RULES
S7638-2011 Meetings
Rules: Jun 18, 2012S7638-2011 Calendars
Floor Calendar: Jun 12, 2012S7638-2011 Votes
VOTE: FLOOR VOTE:
- Jun 12, 2012
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
VOTE: COMMITTEE VOTE:
- Rules
- Jun 12, 2012
Ayes (24): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Excused (1): Krueger
S7638-2011 Memo
BILL NUMBER:S7638
TITLE OF BILL:
AN ACT
to amend the executive law, in relation to
establishing a domestic 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
recognizance 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)
PURPOSE:
This bill would enhance protections for victims of domestic violence.
PART A
SUMMARY OF PROVISIONS:
Section 1 of this part would amend Executive Law � 575(4) to add two
new members to the Advisory Council on Domestic Violence and provide
that the Executive Director of the Office for the Prevention of
Domestic Violence (OPDV) is the chair of the council.
Section 2 of this part would repeal Executive Law � 575(10), which
required OPDV to conduct a study of an address confidentiality program.
Section 3 of this part would add a new subdivision 10 to Executive Law
� 575 to create a domestic violence fatality review team within OPDV.
Section 4 of this part provides the effective date.
EXISTING LAW:
Currently, each county is required to have a child fatality review
team. New York City has a local law mandating aggregate city-wide
domestic violence fatality reviews.
STATEMENT IN SUPPORT:
The primary purpose of a fatality review is to bring together domestic
violence-related professionals to review domestic violence homicides
and suicides, in an effort to understand more fully the factors
involved and the sequence of events in a case, with the goal of
identifying gaps in response or service delivery and determining how
the system can be improved, in order to help prevent future deaths.
This legislation provides for a domestic violence fatality review team
to be established by OPDV. The details of the reviews and identifying
information obtained by the team would remain confidential, but OPDV
would be required to report periodically to the Governor and the
Legislature aggregate data and recommendations that result from the
reviews. This structure would allow local communities to benefit from
the review while providing important information to assist the State
in identifying broader systemic challenges.
LEGISLATIVE HISTORY:
This is a new proposal.
BUDGET IMPLICATIONS:
OPDV anticipates being able to implement this initiative within its
existing resources.
EFFECTIVE DATE:
This part would take effect 180 days after it becomes a law.
PART B
SUMMARY OF PROVISIONS:
Section 1 of this part adds a new paragraph (e) to subdivision 2 of
Public Health Law � 4201 to provide that a person who is the subject
of an Order of Protection protecting an
individual now deceased, or who has been charged with causing the
death of such deceased person, shall not be eligible to exercise
control of the disposition of the deceased's remains.
Section 2 of this part provides the effective date.
EXISTING LAW:
Currently, Public Health Law � 4201 sets forth the priority of persons
having the right to control the disposition of remains, without any
consideration as to whether the person nominally entitled to exercise
such right may have killed the deceased.
STATEMENT IN SUPPORT:
Recently, a woman in Western New York was brutally murdered, and her
husband was charged with her murder. The husband refused, for an
extended period of time, to make appropriate funeral arrangements,
allowing the victim's body to remain in the county morgue. Because of
the provisions of Public Health Law � 4201, the county was not
authorized to allow other family members to lay this woman to rest.
When the husband finally acted he disposed of her body in a way that
her family believed was intentionally disrespectful and violated the
woman's beliefs. People who exhibit extreme hostility towards a
decedent, as evidenced by an order of protection or being the subject
of criminal charges arising out of the treatment of such decedent,
are not suitable persons to plan final funeral and burial arrangements.
LEGISLATIVE HISTORY:
None.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
This part would take effect 30 days after it becomes a law.
PART C
SUMMARY OF PROVISIONS:
Section 1 of this part would amend Executive Law � 108(1) to add a
definition of "public record" for purposes of state and local
acceptance of substitute addresses and add a definition of "process"
for purposes of service of process on the Secretary of State pursuant
to the Address Confidentiality Program (ACP).
Section 2 of this part would amend Executive Law � 108(2) to: (a)
provide that applications for participation in the ACP may be
affirmed rather than notarized; and (b) provide that other adult
members of a program participant's household can participate in the
program if necessary to ensure the safety of the primary participant,
and require the other adult to consent to
participation and designate the Secretary of State as agent for
service of process and receipt of mail.
Section 3 of this part would amend Executive Law � 108(4) to: (a)
provide that law enforcement requests for actual address information
be directed only to the Department of State by removing similar
authority for state and local agencies that have been granted waivers
to maintain actual address information; (b) allow a state or local
agency to communicate an actual address to another agency if both
agencies have waivers to maintain and communicate that information to
each other; and (c) provide additional technical clarification
regarding service of process on the Secretary of State.
Section 4 of this part would amend Executive Law � 108(6) to: (a)
clarify that the Secretary of State will not release information
about a program participant except in response to court orders and
certain law enforcement requests; and (b) clarify that the Secretary
of State may verify program participation by verifying information
other than an actual address.
Section 5 of this part would amend section 2 of chapter 502 of the
laws of 2011 to extend the effective date of the address
confidentiality program legislation until July 15, 2012.
EXISTING LAW:
L. 2011, c. 502 enacted Executive Law � 108 to establish an Address
Confidentiality Program in the Department of State. This law is
scheduled to take effect on June 23, 2012.
STATEMENT IN SUPPORT:
The ACP will allow victims of domestic violence to shield their actual
addresses by allowing participants to use a substitute address
maintained by the Department of State. Under this program, state and
local governments must accept the substitute address, with extremely
narrow exceptions, and the department will forward mail on to
participants' actual addresses.
This part will make several clarifying and technical amendments to the
ACP authorizing legislation to help ensure that the program meets the
needs of participants and can be effectively implemented by the
Department of State.
LEGISLATIVE HISTORY:
This is a new proposal.
BUDGET IMPLICATIONS:
This part has no fiscal implications for the State.
EFFECTIVE DATE:
The bill would take effect immediately; provided that sections one
through four of this part will take effect on the same date and in
the same manner as L. 2011, c. 502.
PART D
SUMMARY OF PROVISIONS:
Section 1 of this part would amend Criminal Procedure Law � 510.30 to
require a court to consider certain factors when determining
recognizance or bail for a defendant who is charged with an offense
against a family or household member.
Section 2 of this part would establish the crime of "Aggravated Family
Offense" as a class E felony, and outline the conduct that would
constitute the new offense.
Section 3 of this part provides that a special information may be
included with an indictment of an aggravated family offense. This
section also sets forth the procedure for trying the case.
Section 4 of this part would amend Penal Law � 240.30 to add a new
class A misdemeanor of "Aggravated Harassment in the Second Degree",
committed when a defendant, with intent to harass, annoy, threaten or
alarm another person, subjects such person to certain physical
contact and thereby causes physical injury to such person or to such
person's family or household member.
Section 5 of this part provides the effective date.
EXISTING LAW:
Currently, a court need not consider any special factors when
determining recognizance or bail in a family offense case. Moreover,
there are no existing provisions to enhance penalties for domestic
violence offenders who repeatedly commit misdemeanor level offenses.
STATEMENT IN SUPPORT:
Domestic violence is a problem of enormous prevalence and impact. It
has been identified by the Surgeon General of the United States as
the number one health problem affecting American women, and it floods
the justice system of New York State as well as the courts of every
other state in the nation. These amendments to the Penal Law and
Criminal Procedure Law will provide additional protections to
domestic violence victims.
First, under the Criminal Procedure Law, perpetrators of domestic
violence offenses may be set free on low bail and thereby allowed to
stalk, harm and sometimes kill their specifically targeted victims.
If judges determining recognizance and bail in domestic violence
cases were required to consider well established risk factors, such
as an offender's prior violation of an order of protection and the
accused's access to guns, many victims and their children would be
spared additional harm and, in some tragic incidences, their lives.
However, the bail statute currently does not consider the unique
nature of domestic violence cases. This legislation permits judges to
take such factors into account.
In addition to such preventative measures, many domestic violence
abusers repeatedly commit low-level offenses against an intended
victim, which result in those victims being subject to continuing
harm and fear of harm. The record is replete with examples of repeat
offenders who are not subject to progressive discipline. For
example, in New York City, a defendant with a long misdemeanor
domestic violence history, involving multiple assaults and violations
of orders of protection, chased his girlfriend down the street with a
machete, biting and clawing at her in front of her three-year-old
child. He was not charged as a felon. In another case, a defendant
with 132 prior convictions, many of which stemmed from assaults
against his partner, served nine months in jail for an assault
against his daughter. Since his release on that case, the defendant
has been arrested again for domestic assault.
This bill would amend the Penal Law to provide that a defendant with a
history of domestic violence who repeatedly commits misdemeanor
offenses could be prosecuted as a felon, It would create a new E
felony crime of "Aggravated Family Offense," committed when a
defendant commits a specified misdemeanor offense, and he or she was
previously convicted of a "specified offense" against a family or
household member in the previous five years.
It also would create a new class A misdemeanor of "Aggravated
Harassment in the Second Degree", committed when a defendant, with
intent to harass, annoy, threaten or alarm another person, subjects
such person to certain physical contact and thereby causes physical
injury to such person or to such person's family or household member.
LEGISLATIVE HISTORY:
Similar bills have been introduced in previous years.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
The revisions to the bail statute and the new Aggravated Harassment in
the Second Degree would take effect 60 days after it becomes a law,
and the new Aggravated Family Offense would take effect 90 days after
becoming a law.
PART E
SUMMARY OF PROVISIONS:
Section 1 of this part would amend Insurance Law � 2612(c)(2) by
including within the definition of "insurer" a municipal cooperative
health benefit plan established pursuant to Article 47 of the
Insurance Law,
Section 2 of this part would amend Insurance Law � 2612 by adding a
new subsection (h), which would define, for the purposes of that
subsection, "health insurer," and "claim related
information" and require a health insurer to accommodate a reasonable
request by a person covered by an insurance policy to receive
communications or claim related information by alternative means or
at alternative locations if so requested. It would apply only to a
policy of accident and health insurance or a policy of salary
protection insurance, as defined in Insurance Law � 1113(a).
Except with the express consent of the person making a request, a
health insurer could not disclose to the policyholder the address,
telephone number, or any other personally identifying information of
the person who made the request or child for whose benefit the
request was made; the nature of the health care services provided; or
the name or address of the provider of the covered services.
Section 3 provides for the effective date of the bill.
EXISTING LAW:
Insurance Law � 2612 states that if a person covered under an
insurance policy delivers to the insurer a valid order of protection
against another person covered by the insurance policy, then the
insurer is prohibited for the duration of the order of protection
from disclosing to the person against whom the order was issued, the
address and telephone number of the insured. In the absence of such
an order, � 2612 does not require a health insurer to accommodate a
reasonable request by a person to receive communications of claim
related information from the health insurer by alternative means or
at an alternative location.
STATEMENT IN SUPPORT:
This legislation allows persons who may be in danger, such as victims
of domestic violence, to seek medical and mental health services and
to use their health insurance to pay for those services without fear
that insurance claims, forms, or billing correspondence will be sent
to the address of the policyholder, which may be the same address as
the alleged abuser. Such individuals would have the opportunity to
designate alternative contact information so they may receive health
insurance correspondence in a safe location of their own choosing,
such as the home of a friend or family member, a post office box, or
a shelter. While � 2612 currently bars disclosure of an address and
phone number where an order of protection is in place, this bill will
greatly expand the information to be protected and not require such
an order, thereby affording greater protection for victims of
domestic violence.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill will take effect on January 1 of the year next succeeding
the date upon which it becomes law. The Superintendent may
immediately promulgate, amend or repeal rules and regulations to
effectuate the bill.
S7638-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
7638
I N 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:
Section 1. This act enacts into law major components of legislation
relating to issues deemed necessary by the state. Each component is
wholly contained within a Part identified as Parts A through E. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
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
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Subdivision 4 of section 575 of the executive law, as added
by chapter 463 of the laws of 1992, paragraph (b) as amended by section
99 of subpart B of part C of chapter 62 of the laws of 2011, paragraphs
(c), (d), and (e) as amended by chapter 396 of the laws of 1994, is
amended to read as follows:
4. Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues and effective
strategies for the prevention of domestic violence, to assist in the
development of appropriate policies and priorities for effective inter-
vention, public education and advocacy, and to facilitate and assure
communication and coordination of efforts among state agencies and
between different levels of government, state, federal, and municipal,
for the prevention of domestic violence.
(b) The advisory council shall consist of nine members and [thirteen]
FIFTEEN ex-officio members. Each member shall be appointed to serve for
a term of three years and shall continue in office until a successor
appointed member is made. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member he or she is to succeed.
All of the members shall be individuals with expertise in the area of
domestic violence. Three members shall be appointed by the governor, two
members shall be appointed upon the recommendation of the temporary
president of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be appointed
upon the recommendation of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members of the advisory board shall
consist of [one representative from the staff of each of the following
state departments and divisions:] THE DIRECTOR OF THE OFFICE, WHO SHALL
CHAIR THE COUNCIL, AND THE FOLLOWING MEMBERS OR THEIR DESIGNEES: THE
COMMISSIONER OF THE office of temporary and disability [services]
ASSISTANCE; THE COMMISSIONER OF THE department of health; THE COMMIS-
SIONER OF THE education department; THE COMMISSIONER OF THE office of
mental health; THE COMMISSIONER OF THE office of alcoholism and
substance abuse services; THE COMMISSIONER OF THE division of criminal
justice services; THE DIRECTOR OF THE office of probation and correc-
tional alternatives; THE COMMISSIONER OF THE office of children and
family services; THE DIRECTOR OF THE office of victim services; THE
CHIEF ADMINISTRATIVE JUDGE OF THE office of court administration; THE
COMMISSIONER OF THE department of labor; THE DIRECTOR OF THE state
office for the aging; [and] THE COMMISSIONER OF THE department of
corrections and community supervision; THE CHIEF EXECUTIVE OFFICER OF
THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE; AND THE EXECU-
TIVE DIRECTOR OF THE NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT.
(c) [The governor shall appoint a member as chair of the advisory
council to serve at the pleasure of the governor.
(d)] The advisory council shall meet as often as deemed necessary by
the chair [or executive director] but in no event less than two times
per year.
[(e)] (D) The members of the advisory council shall receive no salary
or other compensation for their services but shall be entitled to
reimbursement for actual and necessary expenses incurred in the perform-
S. 7638 3
ance of their duties within amounts made available by appropriation
therefor subject to the approval of the director of the budget. The
ex-officio members of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or divisions that employ
them.
S 2. Subdivision 10 of section 575 of the executive law is REPEALED.
S 3. Section 575 of the executive law is amended by adding a new
subdivision 10 to read as follows:
10. FATALITY REVIEW TEAM. (A) THERE SHALL BE ESTABLISHED WITHIN THE
OFFICE A FATALITY REVIEW TEAM FOR THE PURPOSE OF ANALYZING, IN CONJUNC-
TION WITH LOCAL REPRESENTATION, THE DOMESTIC VIOLENCE-RELATED DEATH OR
NEAR DEATH OF INDIVIDUALS, WITH THE GOAL OF:
(I) EXAMINING THE TRENDS AND PATTERNS OF DOMESTIC VIOLENCE-RELATED
FATALITIES IN NEW YORK STATE;
(II) EDUCATING THE PUBLIC, SERVICE PROVIDERS, AND POLICYMAKERS ABOUT
DOMESTIC VIOLENCE FATALITIES AND STRATEGIES FOR INTERVENTION AND
PREVENTION; AND
(III) RECOMMENDING POLICIES, PRACTICES, PROCEDURES, AND SERVICES TO
REDUCE FATALITIES DUE TO DOMESTIC VIOLENCE.
(B) A DOMESTIC VIOLENCE-RELATED DEATH OR NEAR DEATH SHALL MEAN ANY
DEATH OR NEAR DEATH CAUSED BY A FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN
SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11
OF THE CRIMINAL PROCEDURE LAW, EXCEPT THAT THERE SHALL BE NO REVIEW OF
THE DEATH OR NEAR DEATH OF A CHILD FOR THOSE CASES IN WHICH THE OFFICE
OF CHILDREN AND FAMILY SERVICES IS REQUIRED TO ISSUE A FATALITY REPORT
IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION TWENTY OF THE SOCIAL
SERVICES LAW.
(C) THE TEAM SHALL REVIEW DEATHS OR NEAR DEATHS IN CASES THAT HAVE
BEEN ADJUDICATED AND HAVE RECEIVED A FINAL JUDGMENT AND THAT ARE NOT
UNDER INVESTIGATION.
(D) MEMBERS OF A DOMESTIC VIOLENCE FATALITY REVIEW TEAM SHALL BE
APPOINTED BY THE EXECUTIVE DIRECTOR, IN CONSULTATION WITH THE ADVISORY
COUNCIL, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ONE REPRESENTATIVE
FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, THE DIVISION OF CRIMINAL JUSTICE SERVICES,
THE STATE POLICE, THE DEPARTMENT OF HEALTH, THE OFFICE OF COURT ADMINIS-
TRATION, THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AT LEAST ONE REPRE-
SENTATIVE FROM LOCAL LAW ENFORCEMENT, A COUNTY PROSECUTOR'S OFFICE, A
LOCAL SOCIAL SERVICES DISTRICT, A MEMBER OF THE JUDICIARY, AND A DOMES-
TIC VIOLENCE SERVICES PROGRAM APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES. A DOMESTIC VIOLENCE FATALITY REVIEW TEAM MAY ALSO
INCLUDE REPRESENTATIVES FROM SEXUAL ASSAULT SERVICES PROGRAMS, PUBLIC
HEALTH, MENTAL HEALTH AND SUBSTANCE ABUSE AGENCIES, HOSPITALS, CLERGY,
LOCAL SCHOOL DISTRICTS, LOCAL DIVISIONS OF PROBATION, LOCAL OFFICES OF
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF
THE MEDICAL EXAMINER OR CORONER, ANY LOCAL DOMESTIC VIOLENCE TASK FORCE,
COORDINATING COUNCIL OR OTHER INTERAGENCY ENTITY THAT MEETS REGULARLY TO
SUPPORT A COORDINATED COMMUNITY RESPONSE TO DOMESTIC VIOLENCE, ANY OTHER
PROGRAM THAT PROVIDES SERVICES TO DOMESTIC VIOLENCE VICTIMS, OR ANY
OTHER PERSON NECESSARY TO THE WORK OF THE TEAM, INCLUDING SURVIVORS OF
DOMESTIC VIOLENCE.
(E) THE TEAM SHALL IDENTIFY POTENTIAL CASES AND SHALL SELECT WHICH
DEATHS OR NEAR DEATHS WILL BE REVIEWED EACH YEAR. LOCALITIES MAY REQUEST
THAT THE TEAM CONDUCT A REVIEW OF A PARTICULAR DEATH OR NEAR DEATH.
S. 7638 4
(F) THE TEAM SHALL WORK WITH OFFICIALS AND ORGANIZATIONS WITHIN THE
COMMUNITY WHERE THE DEATH OR NEAR DEATH OCCURRED TO CONDUCT EACH REVIEW.
(G) TEAM MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT ARE ENTITLED TO
BE REIMBURSED FOR TRAVEL EXPENSES TO THE LOCALITIES WHERE A FATALITY
REVIEW WILL BE CONDUCTED AND MEMBERS WHO ARE FULL-TIME SALARIED OFFICERS
OR EMPLOYEES OF THE STATE OR OF ANY POLITICAL SUBDIVISION OF THE STATE
ARE ENTITLED TO THEIR REGULAR COMPENSATION.
(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;
(II) LAW ENFORCEMENT RECORDS, EXCEPT WHERE THE PROVISION OF SUCH
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.
(I) ANY INFORMATION OR RECORDS OTHERWISE CONFIDENTIAL AND PRIVILEGED
IN ACCORDANCE WITH STATE LAW WHICH ARE PROVIDED TO THE TEAM SHALL REMAIN
CONFIDENTIAL AS OTHERWISE PROVIDED BY LAW. ALL RECORDS RECEIVED, MEET-
INGS 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 PARA-
GRAPHS (K) AND (L) OF THIS SUBDIVISION.
(J) ANY PERSON WHO RELEASES OR PERMITS THE RELEASE OF ANY INFORMATION
PROTECTED UNDER PARAGRAPH (I) OF THIS SUBDIVISION TO PERSONS OR AGENCIES
NOT AUTHORIZED TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
(K) TEAM MEMBERS AND PERSONS WHO PRESENT INFORMATION TO THE TEAM SHALL
NOT BE QUESTIONED IN ANY CIVIL OR CRIMINAL PROCEEDING REGARDING ANY
OPINIONS FORMED AS A RESULT OF A MEETING OF THE TEAM. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PREVENT A PERSON FROM TESTIFYING AS TO
INFORMATION WHICH IS OBTAINED INDEPENDENTLY OF THE TEAM OR INFORMATION
WHICH IS PUBLIC.
(L) TEAM MEMBERS ARE NOT LIABLE FOR DAMAGES OR OTHER RELIEF IN ANY
ACTION BROUGHT BY REASON OF THE REASONABLE AND GOOD FAITH PERFORMANCE OF
A DUTY, FUNCTION, OR ACTIVITY OF THE TEAM.
(M) CONSISTENT WITH ALL FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS,
THE TEAM MAY PROVIDE RECOMMENDATIONS TO ANY INDIVIDUAL OR ENTITY FOR
APPROPRIATE ACTIONS TO IMPROVE A COMMUNITY'S RESPONSE TO DOMESTIC
VIOLENCE.
(N) THE TEAM SHALL PERIODICALLY SUBMIT A CUMULATIVE REPORT TO THE
GOVERNOR AND THE LEGISLATURE INCORPORATING THE AGGREGATE DATA AND A
SUMMARY OF THE GENERAL FINDINGS AND RECOMMENDATIONS RESULTING FROM THE
DOMESTIC VIOLENCE FATALITY REVIEWS COMPLETED PURSUANT TO THIS SUBDIVI-
S. 7638 5
SION. THE CUMULATIVE REPORT SHALL THEREAFTER BE MADE AVAILABLE TO THE
PUBLIC, CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become law.
PART B
Section 1. Subdivision 2 of section 4201 of the public health law is
amended by adding a new paragraph (e) to read as follows:
(E) NO PERSON WHO: (1) AT THE TIME OF THE DECEDENT'S DEATH, WAS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE DECEDENT; OR (2) HAS
BEEN ARRESTED OR CHARGED WITH ANY CRIME SET FORTH IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSAL-
LY RELATED TO THE DEATH OF THE DECEDENT SHALL HAVE THE RIGHT TO CONTROL
THE DISPOSITION OF THE REMAINS OF THE DECEDENT. HOWEVER, THE APPLICATION
OF THIS PARAGRAPH IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE
INTEREST OF JUSTICE BY ORDER OF (I) THE COURT THAT ISSUED THE ORDER OF
PROTECTION OR IN WHICH THE CRIMINAL ACTION AGAINST THE PERSON IS PEND-
ING, OR A SUPERIOR COURT IN WHICH AN ACTION OR PROCEEDING UNDER THE
DOMESTIC RELATIONS LAW OR THE FAMILY COURT ACT BETWEEN THE PERSON AND
THE DECEDENT WAS PENDING AT THE TIME OF THE DECEDENT'S DEATH, OR (II) IF
PROCEEDING IN THAT COURT WOULD CAUSE INAPPROPRIATE DELAY, A COURT IN A
SPECIAL PROCEEDING.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART C
Section 1. Subdivision 1 of section 108 of the executive law is
amended by adding two new paragraphs (g) and (h) to read as follows:
(G) "PUBLIC RECORD" MEANS ANY INFORMATION KEPT, HELD, FILED, PRODUCED
OR REPRODUCED BY, WITH OR FOR AN AGENCY, IN ANY PHYSICAL FORM WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, REPORTS, STATEMENTS, EXAMINATIONS, MEMO-
RANDA, OPINIONS, FOLDERS, FILES, BOOKS, MANUALS, PAMPHLETS, FORMS,
PAPERS, DESIGNS, DRAWINGS, MAPS, PHOTOS, LETTERS, MICROFILMS, COMPUTER
TAPES OR DISCS, RULES, REGULATIONS OR CODES.
(H) "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE SERVED ON A PROGRAM
PARTICIPANT.
S 2. The opening paragraph of subparagraph (i) of paragraph (a) of
subdivision 2 of section 108 of the executive law, as added by chapter
502 of the laws of 2011, is amended, subparagraph (v) is renumbered
subparagraph (vi) and a new subparagraph (v) is added to read as
follows:
[A] A signed written statement [made under oath] AFFIRMED by the
applicant that:
(V) THE NAME OF ANY PERSON WHO RESIDES WITH THE APPLICANT WHO ALSO
NEEDS TO BE A PROGRAM PARTICIPANT IN ORDER TO ENSURE THE SAFETY OF THE
APPLICANT AND, IF THE PERSON NAMED IN THE APPLICATION IS EIGHTEEN YEARS
OF AGE OR OLDER, THE CONSENT OF SUCH PERSON TO BE A PROGRAM PARTICIPANT
AND DESIGNATION BY SUCH PERSON OF THE SECRETARY AS AGENT FOR PURPOSES OF
SERVICE OF PROCESS AND FOR THE PURPOSE OF RECEIPT OF MAIL; AND
S 3. Subparagraph (i) of paragraph (b) and paragraph (c) of subdivi-
sion 4 of section 108 of the executive law, as added by chapter 502 of
the laws of 2011, are amended to read as follows:
S. 7638 6
(i) [if requested by a law enforcement agency for a legitimate law
enforcement purpose as determined by the law enforcement agency] THERE
IS A BONA FIDE STATUTORY OR ADMINISTRATIVE REQUIREMENT FOR THE COMMUNI-
CATION OF AN ACTUAL ADDRESS TO ANOTHER AGENCY THAT HAS RECEIVED A WAIVER
FROM THE SECRETARY, PROVIDED THAT EACH WAIVER SPECIFICALLY AUTHORIZES
SUCH COMMUNICATION WITH THE SPECIFIED AGENCY; or
(c) Upon receipt by the secretary of a process or mail for a partic-
ipant, the office of the secretary shall immediately forward all such
process or mail to the appropriate program participants [at their actual
address] AT THE ADDRESS SPECIFIED BY THE PARTICIPANT FOR THAT PURPOSE,
and shall record the date of such forwarding. SERVICE OF PROCESS ON A
PROGRAM PARTICIPANT, A PROGRAM PARTICIPANT'S MINOR CHILD, INCAPACITATED
PERSON OR OTHER ADULT MEMBER OF THE PROGRAM PARTICIPANT'S HOUSEHOLD
SHALL BE COMPLETE WHEN THE SECRETARY RECEIVES SUCH PROCESS BY MAIL OR
OTHERWISE.
S 4. Subdivision 6 of section 108 of the executive law, as added by
chapter 502 of the laws of 2011, is amended to read as follows:
6. Disclosure of [participant's address] PARTICIPANT INFORMATION
prohibited; exceptions. (A) The secretary shall not make a program
participant's [address] INFORMATION, other than the substitute address,
available for inspection or copying, except under any of the following
circumstances:
[(a)] (I) if requested by a law enforcement agency for a legitimate
law enforcement purpose as determined by the law enforcement agency; or
[(b)] (II) to a person identified in a court order, upon the secre-
tary's receipt of that court order which specifically orders the disclo-
sure of a particular program participant's address and the reasons stat-
ed therefor[; or].
[(c) to] (B) THE SECRETARY MAY verify the participation of a specific
program participant, in which case the secretary may only confirm infor-
mation supplied by the requester.
S 5. Section 2 of chapter 502 of the laws of 2011, amending the execu-
tive 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, is amended to read as follows:
S 2. This act shall take effect [nine months after the date it shall
have become a law] JULY 15, 2012; provided, however, that the secretary
of state is authorized and directed to promulgate all rules, regulations
and forms necessary to implement the provisions of this act, on its
effective date, on or before such date.
S 6. This act shall take effect immediately; provided, however, that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as chapter 502 of the laws of 2011, as
amended takes effect.
PART D
Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
sion 2 of section 510.30 of the criminal procedure law, as renumbered by
chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
(ix) and a new subparagraph (vii) is added to read as follows:
(VII) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, THE FOLLOW-
ING FACTORS:
S. 7638 7
(A) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS TITLE, WHETHER OR NOT SUCH ORDER OF PROTECTION IS
CURRENTLY IN EFFECT; AND
(B) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM; AND
S 2. The penal law is amended by adding a new section 240.75 to read
as follows:
S 240.75 AGGRAVATED FAMILY OFFENSE.
1. A PERSON IS GUILTY OF AGGRAVATED FAMILY OFFENSE WHEN HE OR SHE
COMMITS A MISDEMEANOR DEFINED IN SUBDIVISION TWO OF THIS SECTION AS A
SPECIFIED OFFENSE AND HE OR SHE HAS BEEN CONVICTED OF ONE OR MORE SPECI-
FIED OFFENSES WITHIN THE IMMEDIATELY PRECEDING FIVE YEARS. FOR THE
PURPOSES OF THIS SUBDIVISION, IN CALCULATING THE FIVE YEAR PERIOD, ANY
PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE TIME OF THE COMMISSION OF ANY OF SUCH PREVIOUS
OFFENSES AND THE TIME OF COMMISSION OF THE PRESENT CRIME SHALL BE
EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR
PERIODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED IN SECTION 120.00
(ASSAULT IN THE THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND
DEGREE); SECTION 120.10 (ASSAULT IN THE FIRST DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS
ENDANGERMENT IN THE FIRST DEGREE); SECTION 120.45 (STALKING IN THE
FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION
120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN THE
FIRST DEGREE); SECTION 121.11 (CRIMINAL OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
SECTION 121.13 (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION
125.25 (MURDER IN THE SECOND DEGREE); SECTION 130.20 (SEXUAL MISCON-
DUCT); SECTION 130.30 (RAPE IN THE SECOND DEGREE); SECTION 130.35 (RAPE
IN THE FIRST DEGREE); SECTION 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD
DEGREE); SECTION 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND DEGREE);
SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SECTION 130.52
(FORCIBLE TOUCHING); SECTION 130.53 (PERSISTENT SEXUAL ABUSE); SECTION
130.55 (SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE
IN THE SECOND DEGREE); SECTION 130.65 (SEXUAL ABUSE IN THE FIRST
DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);
SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); SECTION
130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 130.91
(SEXUALLY MOTIVATED FELONY); SECTION 130.95 (PREDATORY SEXUAL ASSAULT);
SECTION 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); SECTION
135.05 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10
(UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN
THE SECOND DEGREE); SECTION 135.65 (COERCION IN THE FIRST DEGREE);
SECTION 140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY
IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);
SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05
(CRIMINAL MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL
MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
FIRST DEGREE); SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE);
SECTION 215.50 (CRIMINAL CONTEMPT IN THE SECOND DEGREE); SECTION 215.51
S. 7638 8
(CRIMINAL CONTEMPT IN THE FIRST DEGREE); SECTION 215.52 (AGGRAVATED
CRIMINAL CONTEMPT); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE);
SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN
THE SECOND DEGREE); AGGRAVATED FAMILY OFFENSE AS DEFINED IN THIS SECTION
OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES
WHERE THE DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMIT-
TED WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
3. THE PERSON AGAINST WHOM THE CURRENT SPECIFIED OFFENSE IS COMMITTED
MAY BE DIFFERENT FROM THE PERSON AGAINST WHOM THE PREVIOUS SPECIFIED
OFFENSE WAS COMMITTED AND SUCH PERSONS DO NOT NEED TO BE MEMBERS OF THE
SAME FAMILY OR HOUSEHOLD.
AGGRAVATED FAMILY OFFENSE IS A CLASS E FELONY.
S 3. The criminal procedure law is amended by adding a new section
200.63 to read as follows:
S 200.63 INDICTMENT; SPECIAL INFORMATION FOR AGGRAVATED FAMILY OFFENSE.
1. WHENEVER A PERSON IS CHARGED WITH THE COMMISSION OR ATTEMPTED
COMMISSION OF AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75
OF THE PENAL LAW, AN INDICTMENT OR INFORMATION FOR SUCH OFFENSE SHALL BE
ACCOMPANIED BY A SPECIAL INFORMATION, FILED BY THE DISTRICT ATTORNEY
WITH THE COURT, ALLEGING THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF
A SPECIFIED OFFENSE AS DEFINED IN SUBDIVISION TWO OF SECTION 240.75 OF
THE PENAL LAW, THAT AT THE TIME OF THE PREVIOUS OFFENSE THE DEFENDANT
AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF
THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, AND THAT SUCH PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW. EXCEPT AS PROVIDED HEREIN, THE PEOPLE MAY NOT REFER TO
SUCH SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING
THE ALLEGATIONS THEREIN.
2. PRIOR TO THE COMMENCEMENT OF THE TRIAL, THE COURT, IN THE ABSENCE
OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON SUCH INFORMATION AND ADVISE
HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGATION, DENY ANY SUCH
ALLEGATION OR REMAIN MUTE WITH RESPECT TO ANY SUCH ALLEGATION. DEPENDING
UPON THE DEFENDANT'S RESPONSE, THE TRIAL OF THE INDICTMENT OR INFORMA-
TION MUST THEN PROCEED AS FOLLOWS:
(A)(I) IF THE PREVIOUS CONVICTION IS FOR AN AGGRAVATED FAMILY OFFENSE
AS DEFINED IN SECTION 240.75 OF THE PENAL LAW, AND THE DEFENDANT ADMITS
THE PREVIOUS CONVICTION OR THAT IT TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF THE PENAL LAW, SUCH
ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED FOR THE
PURPOSES OF THE PRESENT PROSECUTION, INCLUDING SENTENCING PURSUANT TO
SECTION 70.00 OF THE PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE
JURY AS IF SUCH ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF
THE OFFENSE.
(II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
(III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE
MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED.
(B)(I) IF THE PREVIOUS CONVICTION IS FOR A SPECIFIED OFFENSE AS
DEFINED IN SUBDIVISION TWO OF SECTION 240.75 OF THE PENAL LAW, OTHER
S. 7638 9
THAN AN AGGRAVATED FAMILY OFFENSE, AND THE DEFENDANT ADMITS SUCH PREVI-
OUS CONVICTION, THAT IT TOOK PLACE WITHIN THE TIME PERIOD SPECIFIED IN
SUBDIVISION ONE OF SECTION 240.75 OF THE PENAL LAW, OR THAT THE DEFEND-
ANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS
OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, SUCH ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE
DEEMED ESTABLISHED FOR THE PURPOSES OF THE PRESENT PROSECUTION, INCLUD-
ING SENTENCING PURSUANT TO SECTION 70.00 OF THE PENAL LAW. THE COURT
MUST SUBMIT THE CASE TO THE JURY AS IF THE ADMITTED ALLEGATION OR ALLE-
GATIONS WERE NOT ELEMENTS OF THE OFFENSE.
(II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
(III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE
MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED.
(IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT AND THE PERSON AGAINST
WHOM THE PREVIOUS OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
CHAPTER, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE MAY
PROVE, BEYOND A REASONABLE DOUBT, THAT ELEMENT OF THE OFFENSE BEFORE THE
JURY AS A PART OF THEIR CASE.
S 4. Subdivisions 4 and 5 of section 240.30 of the penal law are
renumbered subdivisions 5 and 6 and a new subdivision 4 is added to read
as follows:
4. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS ANOTHER PERSON TO
PHYSICAL CONTACT THEREBY CAUSING PHYSICAL INJURY TO SUCH PERSON OR TO A
FAMILY OR HOUSEHOLD MEMBER OF SUCH PERSON AS DEFINED IN SECTION 530.11
OF THE CRIMINAL PROCEDURE LAW.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law; provided that sections two and three of this act
shall take effect on the ninetieth day after it shall have become a law.
PART E
Section 1. Paragraph 2 of subsection (c) of section 2612 of the insur-
ance law, as amended by chapter 246 of the laws of 2005, is amended to
read as follows:
(2) "insurer" shall mean an insurer, a corporation organized pursuant
to article forty-three of this chapter, A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAP-
TER, a health maintenance organization certified pursuant to article
forty-four of the public health law or a provider issued a special
certificate of authority pursuant to section four thousand four hundred
three-a of such law, or an agent, representative or designee thereof
regulated pursuant to this chapter.
S 2. Section 2612 of the insurance law is amended by adding a new
subsection (h) to read as follows:
(H)(1) FOR PURPOSES OF THIS SUBSECTION:
(A) "CLAIM RELATED INFORMATION" MEANS ALL CLAIM OR BILLING INFORMATION
RELATING SPECIFICALLY TO AN INSURED, SUBSCRIBER OR PERSON COVERED BY AN
INSURANCE POLICY OR CONTRACT ISSUED BY THE HEALTH INSURER.
S. 7638 10
(B) "HEALTH INSURER" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND
HEALTH INSURANCE OR SALARY PROTECTION INSURANCE IN THIS STATE, A CORPO-
RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN ESTABLISHED PURSUANT TO ARTI-
CLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A
PROVIDER ISSUED A SPECIAL CERTIFICATE OF AUTHORITY PURSUANT TO SECTION
FOUR THOUSAND FOUR HUNDRED THREE-A OF SUCH LAW, OR AN AGENT, REPRESEN-
TATIVE OR DESIGNEE THEREOF REGULATED PURSUANT TO THIS CHAPTER.
(2)(A) A HEALTH INSURER SHALL ACCOMMODATE A REASONABLE REQUEST BY A
PERSON COVERED BY AN INSURANCE POLICY OR CONTRACT ISSUED BY THE HEALTH
INSURER TO RECEIVE COMMUNICATIONS OF CLAIM RELATED INFORMATION FROM THE
HEALTH INSURER BY ALTERNATIVE MEANS OR AT ALTERNATIVE LOCATIONS IF THE
PERSON CLEARLY STATES THAT DISCLOSURE OF ALL OR PART OF THE INFORMATION
COULD ENDANGER THE PERSON.
(B) IF A CHILD IS COVERED BY AN INSURANCE POLICY OR CONTRACT ISSUED BY
THE HEALTH INSURER, THEN THE CHILD'S PARENT OR GUARDIAN MAY MAKE A
REQUEST TO THE HEALTH INSURER PURSUANT TO SUBPARAGRAPH (A) OF THIS PARA-
GRAPH.
(3) A HEALTH INSURER MAY REQUIRE: A PERSON TO MAKE A REQUEST PURSUANT
TO PARAGRAPH TWO OF THIS SUBSECTION IN WRITING; THE REQUEST TO CONTAIN A
STATEMENT THAT DISCLOSURE OF ALL OR PART OF THE CLAIM RELATED INFORMA-
TION TO WHICH THE REQUEST PERTAINS COULD ENDANGER THE PERSON OR CHILD;
AND THE SPECIFICATION OF AN ALTERNATIVE ADDRESS, TELEPHONE NUMBER OR
OTHER METHOD OF CONTACT.
(4) WITH RESPECT TO AN INSURER AUTHORIZED TO WRITE ACCIDENT AND HEALTH
INSURANCE IN THIS STATE, THIS SUBSECTION SHALL APPLY ONLY TO A POLICY OF
ACCIDENT AND HEALTH INSURANCE OR A POLICY OF SALARY PROTECTION INSUR-
ANCE, AS DEFINED IN SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED
THIRTEEN OF THIS CHAPTER.
(5) NOTHING IN THIS SUBSECTION SHALL PREVENT, HINDER, OR OTHERWISE
AFFECT THE ENTRY OF AN APPROPRIATE ORDER MADE IN THE BEST INTERESTS OF A
CHILD BY A COURT OF COMPETENT JURISDICTION ADJUDICATING DISPUTED ISSUES
OF CHILD WELFARE OR CUSTODY.
(6) EXCEPT WITH THE EXPRESS CONSENT OF THE PERSON MAKING A REQUEST
PURSUANT TO SUBPARAGRAPH (A) OF PARAGRAPH TWO OF THIS SUBSECTION, A
HEALTH INSURER SHALL NOT DISCLOSE TO THE POLICYHOLDER (I) THE ADDRESS,
TELEPHONE NUMBER, OR ANY OTHER PERSONALLY IDENTIFYING INFORMATION OF THE
PERSON WHO MADE THE REQUEST OR CHILD FOR WHOSE BENEFIT A REQUEST WAS
MADE; (II) THE NATURE OF THE HEALTH CARE SERVICES PROVIDED; OR (III) THE
NAME OR ADDRESS OF THE PROVIDER OF THE COVERED SERVICES.
(7) A HEALTH INSURER THAT MAKES REASONABLE AND GOOD FAITH EFFORTS TO
COMPLY WITH THIS SUBSECTION SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL
LIABILITY ON THE GROUND OF NON-COMPLIANCE WITH THIS SUBSECTION.
(8) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE OFFICE FOR
THE PREVENTION OF DOMESTIC VIOLENCE, SHALL PROMULGATE RULES TO GUIDE
HEALTH INSURERS IN GUARDING AGAINST THE DISCLOSURE OF THE INFORMATION
PROTECTED PURSUANT TO THIS SUBSECTION.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, however,
that effective immediately the addition, amendment or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
S. 7638 11
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.
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