Bill S7638-2011

Enacts various provisions of law deemed necessary by the state including establishing a domestic violence fatality review team; and issues related to confidentiality

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).

Details

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

Votes

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.


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: 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.
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-
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.
(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-
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:
(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:
(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
(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
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.
(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
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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