S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4258
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced by Sens. PARKER, FUNKE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to establishing a fatali-
   ty review board and providing for such board's powers and duties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature  hereby  declares  that
 domestic violence is a pervasive and frequently lethal problem in Ameri-
 can society and in New York state. Nationwide, on average, approximately
 ten  women  are  killed  by their batterers every day.  Battering is the
 single, major cause of injury to women, resulting in more injuries  than
 auto  accidents,  muggings,  and  rapes  combined.  Such abuse is also a
 strong indicator that physical or sexual abuse of children is  occurring
 in  the  family.  Domestic violence devastates its victims and threatens
 the stability of the family and negatively affects all  family  members,
 especially  children  who  witness the violent abuse.  Domestic violence
 also affects the entire community. The incidence  of  domestic  violence
 adversely affects the safety, health, and welfare of communities as well
 as  societal  economies  by draining billions of dollars in social costs
 associated with medical expenses, law enforcement, and  lost  productiv-
 ity.
   The legislature finds that multi-disciplinary domestic violence fatal-
 ity  review  boards have been used successfully to ensure that incidents
 of domestic violence are  recognized  and  that  agency  involvement  is
 reviewed  to  improve  the  responsiveness  of  public  agencies for the
 reduction and eradication of domestic  violence.  The  establishment  of
 such  a  board is similar to the time-honored mortality/morbidity review
 conference utilized by the medical profession to ensure the provision of
 quality medical care.
   The legislature further finds that it is in the interest of the  state
 to  provide for the creation of a fatality review board in New York. The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10364-01-9

 S. 4258                             2
 
 board will facilitate communication among courts and agencies, allow for
 the identification of preventable deaths, and  provide  for  recommenda-
 tions  with a view toward improving the system's ability to prevent such
 occurrences.  The purpose of the inter-agency, multi-disciplinary review
 is not punitive, but to increase the thoroughness and  effectiveness  of
 systematic  responses  by  developing  recommendations  for policies and
 protocols for prevention and intervention initiatives.  In  addition  to
 reviewing cases, the fatality review board may also provide guidance and
 protocols  for  the  development  and implementation of local reviews by
 counties or other jurisdictions. The board may also identify trends  and
 patterns  of  domestic  violence  deaths and recognize the prevalence of
 risk factors which exist in the population of victims and  perpetrators.
 This  data  could  be helpful in the development of system interventions
 and policy changes for persons who are at risk.
   By enacting this legislation, the legislature seeks to provide a  case
 review  process for the purpose of reducing the incidence of preventable
 deaths from domestic violence.
   § 2. The executive law is amended by adding a  new  section  837-t  to
 read as follows:
   § 837-T.  FATALITY REVIEW BOARD ESTABLISHED; POWERS AND DUTIES.  1. A.
 THERE  IS HEREBY ESTABLISHED AN INDEPENDENT FATALITY REVIEW BOARD.  SUCH
 BOARD IS EMPOWERED AND AUTHORIZED TO INVESTIGATE DEATHS APPEARING TO  BE
 FROM  UNNATURAL CAUSES, WHERE THE DECEDENT APPEARS TO HAVE BEEN A VICTIM
 OF DOMESTIC VIOLENCE.
   B. SUCH INVESTIGATIONS MAY COMMENCE AFTER THE COMPLETION OF THE CRIMI-
 NAL TRIAL OR TRIAL COURT PROCEEDINGS INVOLVING THE  ALLEGED  PERPETRATOR
 OF THE HOMICIDE; PROVIDED, HOWEVER, THAT:
   (I)  THE INVESTIGATION MAY COMMENCE SIX MONTHS AFTER SUCH DEATH IF THE
 BOARD REASONABLY BELIEVES, AS EVIDENCED BY A MAJORITY BOARD  VOTE,  THAT
 THE  ALLEGED  PERPETRATOR IS UNAPPREHENDED, AND UNDER SUCH CIRCUMSTANCES
 THE INVESTIGATION MAY CONTINUE ONLY SO LONG AS SUCH ALLEGED  PERPETRATOR
 REMAINS AT LARGE; OR
   (II)  THE  INVESTIGATION MAY COMMENCE IMMEDIATELY IF THE BOARD REASON-
 ABLY BELIEVES, AS EVIDENCED BY MAJORITY BOARD  VOTE,  THAT  THE  ALLEGED
 PERPETRATOR IS DECEASED.
   2.    SUCH BOARD SHALL CONSIST OF THIRTEEN MEMBERS, TO BE APPOINTED AS
 FOLLOWS:
   A.  FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR:
   (I) ONE SUCH MEMBER SHALL BE APPOINTED UPON THE  RECOMMENDATION  OF  A
 STATEWIDE ORGANIZATION REPRESENTING SURVIVORS OF DOMESTIC VIOLENCE;
   (II) ONE SUCH MEMBER SHALL BE A PERSON EXPERIENCED IN LAW ENFORCEMENT;
   (III)  ONE SUCH MEMBER, WHO SHALL BE APPOINTED UPON THE RECOMMENDATION
 OF A STATEWIDE ORGANIZATION REPRESENTING PROSECUTORS, SHALL BE A  REPRE-
 SENTATIVE OF PROSECUTION SERVICES;
   (IV)  ONE  SUCH MEMBER, WHO SHALL BE APPOINTED UPON THE RECOMMENDATION
 OF A STATEWIDE ORGANIZATION REPRESENTING THE PUBLIC OR PRIVATE  CRIMINAL
 DEFENSE BAR, SHALL BE A REPRESENTATIVE OF CRIMINAL DEFENSE SERVICES; AND
   (V)  ONE  SUCH  MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF A
 STATEWIDE ORGANIZATION REPRESENTING SOCIAL WORKERS.
   B. THREE MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE STATE.
   C. ONE MEMBER SHALL BE APPOINTED BY THE OFFICE FOR THE  PREVENTION  OF
 DOMESTIC VIOLENCE, WHO SHALL BE A REPRESENTATIVE OF THAT OFFICE.
   D.  TWO  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE, ONE OF WHOM SHALL BE APPOINTED ON THE RECOMMENDATION OF A STATE-
 WIDE ORGANIZATION REPRESENTING CRIME VICTIMS.

 S. 4258                             3
 
   E. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,  ONE
 OF  WHOM  SHALL BE APPOINTED ON THE RECOMMENDATION OF A STATEWIDE ORGAN-
 IZATION REPRESENTING CRIME VICTIMS.
   3.    MEMBERS  OF  THE BOARD SHALL BE APPOINTED TO SERVE FOR A TERM OF
 FOUR YEARS.  FROM AMONG THE MEMBERS, A CHAIRPERSON SHALL BE ELECTED, WHO
 SHALL SERVE FOR A PERIOD OF TWO YEARS.  MEMBERS OF THE BOARD  SHALL  NOT
 BE COMPENSATED FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
 NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES.   NO
 MEMBER OF THE BOARD SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE
 OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT
 BY VIRTUE OF HIS OR HER APPOINTMENT  HEREUNDER.    ANY  VACANCY  IN  THE
 MEMBERSHIP  OF  THE  BOARD  SHALL  BE  FILLED  IN THE SAME MANNER AS THE
 ORIGINAL APPOINTMENT.
   4. A. THE BOARD SHALL REVIEW  AND  STUDY  THE  CIRCUMSTANCES  OF  SUCH
 FATALITIES. IT SHALL ASSESS THE ACTIVITIES AND RESPONSES OF THE CRIMINAL
 JUSTICE  SYSTEM  AND  OF  ANY  OTHER PUBLIC ENTITIES WHICH MAY HAVE BEEN
 INVOLVED IN, OR IN ANY MANNER ASSOCIATED WITH, THE CIRCUMSTANCES OF  THE
 FATALITY,  ITS  INVESTIGATION,  OR  THE  RELEVANT  HISTORY  OF  DOMESTIC
 VIOLENCE.
   B. THE BOARD SHALL PERIODICALLY ADVISE AND MAKE RECOMMENDATIONS TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, OFFICE OF  COURT  ADMINISTRATION,
 DIVISION  OF STATE POLICE, THE STATE OFFICE FOR THE PREVENTION OF DOMES-
 TIC VIOLENCE, AND OTHER APPROPRIATE ENTITIES CONCERNING THEIR  FINDINGS.
 THE BOARD HAS THE AUTHORITY TO RECOMMEND APPROPRIATE CORRECTIVE ACTIONS,
 BASED  UPON  ITS  FINDINGS,  TO  IMPROVE THE MANAGEMENT, SUPERVISION AND
 PROVISION OF SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AND THEIR FAMILIES
 AND TO MAKE RECOMMENDATIONS FOR ACTIONS, BASED UPON ITS  FINDINGS,  THAT
 MAY REDUCE THE PREVALENCE OF DOMESTIC VIOLENCE.
   C.  THE BOARD SHALL ALSO PERFORM A RESEARCH AND REPORTING FUNCTION AND
 IDENTIFY  AREAS  REQUIRING  NEW  PREVENTIVE  AND  PROTECTIVE STRATEGIES,
 GUIDELINES, OR LEGISLATIVE CHANGES.  THE BOARD SHALL REPORT ANNUALLY  ON
 ITS  ACTIVITIES  AND  FINDINGS,  INCLUDING  ITS  RECOMMENDATIONS, TO THE
 GOVERNOR,  LEGISLATURE,  CHIEF  JUDGE,  DIVISION  OF  CRIMINAL   JUSTICE
 SERVICES,  OFFICE OF COURT ADMINISTRATION, DIVISION OF STATE POLICE, AND
 OFFICE FOR  THE  PREVENTION  OF  DOMESTIC  VIOLENCE  ON  OR  BEFORE  THE
 FIFTEENTH OF MARCH OF EACH YEAR.  SUCH REPORT SHALL BE RELEASED AND MADE
 AVAILABLE TO THE PUBLIC.
   5.  A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD
 IS ENTITLED TO EXAMINE AND RECEIVE WITHOUT CHARGE PHOTOCOPIES OR  PHOTO-
 GRAPHS OF THE FOLLOWING RECORDS AND DOCUMENTS WITHOUT THE NECESSITY OF A
 SUBPOENA AND WITHOUT COURT APPROVAL:
   (I)  ALL  UNSEALED COURT RECORDS, INCLUDING TRANSCRIPTS, EXHIBITS, AND
 ITEMS ENTERED IN EVIDENCE, IN CRIMINAL OR FAMILY  COURT  PROCEEDINGS  IN
 WHICH THE DECEDENT OR THE ALLEGED PERPETRATOR WAS A COMPLAINANT, DEFEND-
 ANT,  OR  RESPONDENT, INCLUDING ANY SUCH TRIAL OR PROCEEDING ARISING OUT
 OF THE DECEDENT'S DEATH;
   (II) ALL MEDICAL, HOSPITAL, CORONER'S, AND MEDICAL EXAMINER'S  RECORDS
 AND EXHIBITS CONCERNING THE DECEDENT; AND
   (III)  ALL RECORDS AND PUBLIC SAFETY AGENCY RECORDS AVAILABLE PURSUANT
 TO ARTICLES SIX AND SIX-A OF THE PUBLIC OFFICERS LAW, EXCEPT THAT  WHERE
 AN  AGENCY CLAIMS AN EXEMPTION FROM DISCLOSURE UNDER SUCH ARTICLE SIX OR
 SIX-A, THEN, IN ADDITION TO ANY OTHER AVAILABLE REMEDY,  THE  BOARD  MAY
 PROCEED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
   B.  (I) THE BOARD MAY ALSO REQUEST AUTHORIZATION FROM A COURT TO EXAM-
 INE AND RECEIVE WITHOUT CHARGE PHOTOCOPIES OR PHOTOGRAPHS OF  ANY  OTHER
 RECORD  OR DOCUMENT IN THE POSSESSION OF ANY STATE OR LOCAL GOVERNMENTAL

 S. 4258                             4
 
 ENTITY, WHERE SUCH RECORD MAY REASONABLY ASSIST THE BOARD IN  CONDUCTING
 ITS INVESTIGATION. THIS INCLUDES, BUT IS NOT LIMITED TO:
   (A) SEALED COURT RECORDS AND CONFIDENTIAL POLICE, PROSECUTION, AND LAW
 ENFORCEMENT  AGENCY  REPORTS  AND  RECORDS  CONCERNING INVESTIGATIONS IN
 WHICH THE  DECEDENT  OR  THE  ALLEGED  PERPETRATOR  WAS  A  COMPLAINANT,
 RESPONDENT, DEFENDANT, WITNESS, OR ALLEGED VICTIM;
   (B)  RECORDS CONCERNING THE DECEDENT OR HER OR HIS CHILDREN MAINTAINED
 BY DOMESTIC VIOLENCE SHELTERS, AS DEFINED IN PARAGRAPH (A)  OF  SUBDIVI-
 SION  FOUR  OF  SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
 LAW;
   (C) RECORDS CONCERNING THE DECEDENT,  HER  OR  HIS  CHILDREN,  OR  THE
 ALLEGED  PERPETRATOR MAINTAINED PURSUANT TO SECTION THREE HUNDRED SEVEN-
 TY-TWO OF THE SOCIAL SERVICES LAW;
   (D) RECORDS CONCERNING THE DECEDENT,  HER  OR  HIS  CHILDREN,  OR  THE
 ALLEGED  PERPETRATOR  MAINTAINED  BY THE DEPARTMENT OF FAMILY ASSISTANCE
 PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES  LAW;
 AND
   (E)  SEALED  COURT  RECORDS  OF  MATRIMONIAL  ACTIONS  OR  PROCEEDINGS
 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE  OF  THE
 DOMESTIC  RELATIONS  LAW INVOLVING THE DECEDENT OR THE ALLEGED PERPETRA-
 TOR.
   (II) UNLESS A COURT ORDERS OTHERWISE, THE APPLICATION PURSUANT TO THIS
 PARAGRAPH SHALL BE MADE ON AT LEAST FIVE  DAYS'  NOTICE  TO  THE  PERSON
 HAVING  CUSTODY  OF  THE RECORD OR DOCUMENT, TO THE DISTRICT ATTORNEY OF
 THE JURISDICTION IN WHICH THE DECEDENT IS BELIEVED TO HAVE DIED, AND  TO
 ALL PERSONS, INCLUDING SURVIVING FAMILY MEMBERS OF THE DECEDENT, BUT NOT
 INCLUDING  THE  ALLEGED  PERPETRATOR,  WHOM  THE  COURT DETERMINES WOULD
 REASONABLY HAVE AN INTEREST IN THE PRIVACY OF SUCH RECORD OR DOCUMENT.
   (III) WHERE THE APPLICATION  IS  TO  REVIEW  A  CONFIDENTIAL  JUDICIAL
 RECORD,  THE  APPLICATION SHALL BE MADE TO THE COURT WHERE THE RECORD IS
 MAINTAINED.
   (IV) WHERE THE APPLICATION IS TO REVIEW A CONFIDENTIAL RECORD OR DOCU-
 MENT MAINTAINED BY A NON-JUDICIAL STATE OR LOCAL GOVERNMENT ENTITY,  THE
 APPLICATION  SHALL  BE BROUGHT IN THE SUPREME COURT IN THE COUNTY SPECI-
 FIED IN SUBDIVISION (B) OF SECTION FIVE HUNDRED SIX OF THE  CIVIL  PRAC-
 TICE LAW AND RULES, EXCEPT AS THAT SUBDIVISION OTHERWISE PROVIDES.
   (V)  IN  ANY  SUCH  PROCEEDING, THE COURT MAY ISSUE A PROTECTIVE ORDER
 DENYING, LIMITING, OR CONDITIONING ACCESS TO THE CONFIDENTIAL RECORD  OR
 DOCUMENT WHEN PRODUCING THE RECORD OR DOCUMENT WOULD ENDANGER THE INTEG-
 RITY  OF  PHYSICAL EVIDENCE, CREATE A SUBSTANTIAL RISK OF PHYSICAL HARM,
 INTIMIDATION, ECONOMIC COERCION, OR BRIBERY, OR HAVE A SERIOUSLY ADVERSE
 EFFECT UPON THE LEGITIMATE NEEDS OF LAW ENFORCEMENT.
   C. IN CONNECTION WITH AN APPLICATION UNDER THIS SECTION OR ANY  APPEAL
 THEREFROM  OR  ANY  OTHER  LEGAL  MATTER, THE BOARD SHALL BE ENTITLED TO
 REPRESENTATION BY PRIVATE COUNSEL OF ITS CHOICE  WHENEVER  THE  ATTORNEY
 GENERAL  DETERMINES,  BASED  UPON HIS OR HER INVESTIGATION AND REVIEW OF
 THE FACTS AND CIRCUMSTANCES, THAT REPRESENTATION BY  THE  DEPARTMENT  OF
 LAW  WOULD BE INAPPROPRIATE. THE ATTORNEY GENERAL SHALL NOTIFY THE BOARD
 IN WRITING OF SUCH DETERMINATION THAT THE BOARD IS ENTITLED  TO  PRIVATE
 COUNSEL.  IF  THE BOARD IS ENTITLED TO REPRESENTATION BY PRIVATE COUNSEL
 UNDER THE PROVISIONS OF THIS PARAGRAPH, THE ATTORNEY  GENERAL  SHALL  SO
 CERTIFY  TO  THE COMPTROLLER.  REASONABLE ATTORNEYS' FEES AND LITIGATION
 EXPENSES SHALL BE PAID BY THE STATE TO SUCH  PRIVATE  COUNSEL  FOR  SUCH
 REPRESENTATION UPON THE AUDIT AND WARRANT OF THE COMPTROLLER.
   6.  NEITHER THE BOARD NOR ANY MEMBER THEREOF SHALL DISCLOSE ANY INFOR-
 MATION OBTAINED BY THE BOARD OR A BOARD MEMBER WHICH IS CONFIDENTIAL  BY

 S. 4258                             5
 
 LAW.  UNAUTHORIZED  DISCLOSURE  OF  SUCH  CONFIDENTIAL  INFORMATION BY A
 MEMBER OF THE BOARD MAY RESULT IN REMOVAL OF  SUCH  MEMBER  BY  MAJORITY
 BOARD VOTE, AFTER NOTICE TO SUCH MEMBER AND AN OPPORTUNITY TO BE HEARD.
   7.  THE  BOARD  SHALL  BE  ENTITLED  TO REQUEST AND RECEIVE, AND SHALL
 UTILIZE AND BE PROVIDED WITH, SUCH FACILITIES  AND  RESOURCES  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU, COMMISSION, OR ANY AGENCY OF THE
 STATE OR ANY POLITICAL SUBDIVISION THEREOF AS ARE  REASONABLY  NECESSARY
 TO CARRY OUT ITS RESPONSIBILITIES. IF REQUESTED BY THE BOARD, THE OFFICE
 FOR  THE PREVENTION OF DOMESTIC VIOLENCE SHALL FURNISH REASONABLE OFFICE
 SPACE AND DAY-TO-DAY STAFF SUPPORT TO THE  BOARD  WITHIN  ITS  AVAILABLE
 RESOURCES.
   8. AS USED IN THIS SECTION:
   A.  "ALLEGED  PERPETRATOR"  MEANS THE PERSON OR PERSONS WHOM THE BOARD
 REASONABLY BELIEVES TO HAVE TAKEN OR PROCURED THE TAKING OF THE LIFE  OF
 THE DECEDENT.
   B. "DECEDENT" MEANS THE PERSON WHOSE DEATH THE BOARD IS INVESTIGATING.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.