senate Bill S3336

Requires training regarding sexual assault for police officers and child protective services workers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Requires police officers to receive training instruction for crimes involving sexual assaults; requires training for child protective services workers in certain instances.

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Bill Details

Versions:
S3336
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §840, Exec L; amd §421, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3787A
2009-2010: S5042

Sponsor Memo

BILL NUMBER:S3336

TITLE OF BILL: An act to amend the executive law, in relation to
requisite training instruction for police officers for crimes
involving sexual assaults; and to amend the social services law, in
relation to training for child protective services workers in certain
instances

PURPOSE OF BILL: This bill would better protect victims of sexual
violence by: (a) requiring the promulgation of rules mandating
training of police officers regarding sexual assault issues; and (b)
requiring the Office of Children and Family Services to develop a
training curriculum for child protective services workers in
techniques used to investigate reports of sexual abuse.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill amends the executive law to require the
Municipal Police Training Council to promulgate rules and regulations
requiring training and instruction for police officers in sexual
assault crimes.

Sections 2, 4 and 5 of the bill amend the social services law by
replacing the word "department" with office of children and family
services.

Section 3 of the bill amends the social services law by requiring the
Office of Children and Family Services to develop a training
curriculum for child protective services workers in techniques used to
investigate reports of sexual abuse.

JUSTIFICATION: Over the past ten years the legislature has enacted
over 100 new tough-on-crime laws which have helped reduce New York's
crime rate by 49%. Among these laws have been significant enactments
to crack down on sexual offenders including the landmark Sexual
Assault Reform Act of 2000 and successive improvements to the State
Sex Offender Registration Act (Megan's Law).

This bill would build on these foundations by enacting into law
requirements for training programs that seek to help those who have
been victimized by sexual assault.

LEGISLATIVE HISTORY: Senate: 2009-10: 5.5042 - Veto Memo 68

Assembly: 2009-10: A.4629-3 (Weinstein) - Veto Memo 68

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3336

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, KRUEGER, MONTGOMERY -- 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  requisite  training
  instruction  for police officers for crimes involving sexual assaults;
  and to amend the social services law,  in  relation  to  training  for
  child protective services workers in certain instances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 840 of the executive law is amended by adding a new
subdivision 5 to read as follows:
  5. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS REQUIRING TRAIN-
ING AND INSTRUCTION FOR ALL  POLICE  OFFICERS  WITH  RESPECT  TO  CRIMES
INVOLVING  SEXUAL ASSAULT. SUCH TRAINING AND INSTRUCTION, WHICH SHALL BE
DESIGNED AND PRESENTED IN CONSULTATION  WITH  THE  RAPE  CRISIS  CENTERS
EXPERIENCED  IN  ASSISTING VICTIMS IN THIS STATE, SHALL INCLUDE, BUT NOT
BE LIMITED TO UNDERSTANDING RAPE AND SEXUAL ABUSE TRAUMA AND  PSYCHOLOG-
ICAL  ISSUES  CONFRONTED  BY  SUCH  CRIME  VICTIMS, COMMON ATTRIBUTES OF
OFFENDERS, FAIR TREATMENT STANDARDS FOR CRIME VICTIMS PURSUANT TO  ARTI-
CLE  TWENTY-THREE  OF  THIS CHAPTER, EVIDENCE GATHERING AND PRESERVATION
ISSUES, INTERVIEW TECHNIQUES AND INFORMATION CONCERNING THE AVAILABILITY
OF LOCAL SERVICES FOR THE VICTIMS OF SUCH  CRIMES.    ALL  NEW  OFFICERS
SHALL  RECEIVE  SUCH  TRAINING  AND  INSTRUCTION,  AS  PART OF THE BASIC
CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNICIPAL POLICE ACADEMIES,
AS APPLICABLE. THE COUNCIL SHALL PROMULGATE SUCH RULES  AND  REGULATIONS
AS  IT DEEMS NECESSARY CONCERNING PERIODIC RETRAINING OF POLICE OFFICERS
REGARDING CRIMES INVOLVING SEXUAL ASSAULT.
  S 2. The opening and closing paragraphs of subdivision  3  of  section
421  of  the  social  services  law, the opening paragraph as amended by
chapter 718 of the laws of 1986 and the closing paragraph as amended  by
chapter 320 of the laws of 1990, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06412-01-3

S. 3336                             2

  promulgate  regulations setting forth requirements for the performance
by local social services departments of the duties  and  powers  imposed
and  conferred  upon them by the provisions of this title and of article
ten of the family court act. Such regulations  shall  establish  uniform
requirements  for  the  investigation  of  reports  of  child  abuse  or
maltreatment under this title. The [department] OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  shall  also issue guidelines which shall set forth the
circumstances or conditions under which:
  The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall  promul-
gate  regulations to establish STANDARDS FOR THE DEVELOPMENT OF A TRAIN-
ING CURRICULUM FOR  CHILD  PROTECTIVE  SERVICES  WORKERS  WHICH  TEACHES
APPROPRIATE  INVESTIGATORY  TECHNIQUES  FOR  REPORTS OF SEXUAL ABUSE AND
MANDATES ON-GOING TRAINING FOR CHILD PROTECTIVE SERVICES WORKERS, stand-
ards for intervention, criteria for case closings, criteria  for  deter-
mining  whether  or  not  to initiate a child protective proceeding, and
criteria for the formulation of treatment plans and for the delivery  of
child  protective services including specification of the services to be
classified as child protective services, which shall also apply  to  any
society for the prevention of cruelty to children which has entered into
a currently valid contract with a local department of social services to
investigate child abuse or maltreatment reports. The [department] OFFICE
OF  CHILDREN AND FAMILY SERVICES shall promulgate regulations establish-
ing minimum standards and practices for the delivery of child protective
services in connection with monitoring and supervising  respondents  and
their  families  as  ordered  by  a family court pursuant to section ten
hundred thirty-nine and paragraphs (i), (iii), (iv) and (v) of  subdivi-
sion  (a) of section ten hundred fifty-two of the family court act. Such
regulations shall also require local child protective services to comply
with notification requirements of the family  court  act  in  connection
with such monitoring and supervisory responsibilities.
  S  3.  Paragraph  (b)  of  subdivision  5 of section 421 of the social
services law, as amended by chapter 525 of the laws of 2006, is  amended
to read as follows:
  (b)  promulgate  regulations setting forth training requirements which
shall specify, among other things, that all persons  hired  by  a  child
protective  service on or after April first, nineteen hundred eighty-six
shall have satisfactorily completed a course approved  by  the  [depart-
ment]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES within the first three
months of employment, in the  fundamentals  of  child  protection.  Such
course shall include at least basic training in the principles and tech-
niques  of  investigations,  including relationships with other investi-
gative bodies, legal issues in child protection, and methods of  remedi-
ation,  diagnosis, treatment and prevention. Such regulations shall also
specify that all persons employed by a child protective  service  on  or
after December first, two thousand six shall satisfactorily complete six
hours  of  annual in service training, beginning in their second year of
employment. Such annual in service training shall include,  but  is  not
limited to, review of the protocols for identification and investigation
of  child  abuse  and maltreatment, any developments in legal, treatment
and prevention issues in child protection, and review  and  analysis  of
field experiences of child protective services workers.
  S  4.  Subdivision  7  of  section  421 of the social services law, as
amended by chapter 718 of the laws  of  1986,  is  amended  to  read  as
follows:
  7.  take all reasonable and necessary actions to assure that the local
departments of social services are kept apprised on a current  basis  of

S. 3336                             3

the  laws,  regulations and policies of the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES concerning child abuse and maltreatment.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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