senate Bill S7022

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

download pdf

Sponsor

Bill Status


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

actions

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

Summary

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

do you support this bill?

Bill Details

Versions:
S7022
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §575, Exec L; amd §§422 & 427-a, Soc Serv L; amd §§160.50, 160.55 & 160.58, CP L

Votes

16
0
16
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S7022

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

Purpose of the bill:

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

Summary of Provisions:

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

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

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

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

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

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

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

Existing law:

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


Prior Legislative History:

New proposal.

Statement in support:

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

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

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

Budget Implications:

None.

Local impact:

None.

Effective Date:

Immediate effective date.

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

                                  7022

                            I N  S E N A T E

                             April 16, 2014
                               ___________

Introduced  by Sen. NOZZOLIO -- (at request of the Office for Prevention
  of Domestic Violence) -- read twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Codes

AN ACT to amend the executive law, the social services law and the crim-
  inal  procedure  law,  in  relation  to  the  New  York state domestic
  violence fatality review team access to sealed records

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

  Section 1. Paragraph (h) of subdivision 10 of section 575 of the exec-
utive law, as added by section 3 of part A of chapter 491 of the laws of
2012, is amended to read as follows:
  (h)  To  the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records  necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
  (i)  records maintained by a local social services district, INCLUDING
BUT NOT LIMITED TO, RECORDS WHICH ARE AUTHORIZED TO BE DISCLOSED  PURSU-
ANT TO SUBPARAGRAPH (BB) OF PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION
FOUR  HUNDRED TWENTY-TWO, SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVI-
SION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO AND SUBPARAGRAPH (VIII)  OF
PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-SEVEN-A
OF THE SOCIAL SERVICES LAW;
  (ii)  law  enforcement  records,  INCLUDING RECORDS SEALED PURSUANT TO
SECTIONS 160.50, 160.55 AND 160.58 OF THE CRIMINAL PROCEDURE LAW, except
where the provision of [such] LAW ENFORCEMENT  records  would  interfere
with an ongoing law enforcement investigation or identify a confidential
source or endanger the safety or welfare of an individual;
  (iii) court records;
  (iv) probation and parole records;
  (v)  records  from  domestic  violence  residential or non-residential
programs;
  (vi) records from any relevant service provider, program or  organiza-
tion; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13905-01-4

S. 7022                             2

  (vii)  all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall  be
required  to provide information or records concerning a person charged,
investigated or convicted in such death or near death  in  violation  of
such person's attorney-client privilege.
  S  2.  Paragraph (i) of subdivision 10 of section 575 of the executive
law, as added by section 3 of part A of chapter 491 of the laws of 2012,
is amended to read as follows:
  (i) Any information or records otherwise  confidential  [and],  privi-
leged  AND SEALED in accordance with state law which are provided to the
team shall remain  confidential,  PRIVILEGED  AND  SEALED  as  otherwise
provided  by  law. All records received, meetings conducted, reports and
records made and maintained and all books and  papers  obtained  by  the
team  shall  be  confidential  and  shall not be open or made available,
except by court order or as set forth in paragraphs (k) and (l) of  this
subdivision.
  S  3.  Subparagraphs (z) and (aa) of paragraph (A) of subdivision 4 of
section 422 of the social services law, subparagraph (z) as amended  and
subparagraph  (aa)  as  added  by  chapter  440 of the laws of 2011, are
amended and a new subparagraph (bb) is added to read as follows:
  (z) an entity with appropriate legal authority  in  another  state  to
license,  certify  or  otherwise approve prospective foster and adoptive
parents where disclosure of information regarding the prospective foster
or adoptive parents and other persons over the age of eighteen  residing
in  the home of such prospective parents is required by paragraph twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; [and]
  (aa) a social services official who is investigating whether an  adult
is  in  need of protective services in accordance with the provisions of
section four hundred seventy-three of this chapter, when  such  official
has  reasonable cause to believe such adult may be in need of protective
services due to the conduct of an  individual  or  individuals  who  had
access  to  such adult when such adult was a child and that such reports
and information are needed to further the present investigation[.]; AND
  (BB) THE FATALITY REVIEW TEAM OF THE NEW YORK  STATE  OFFICE  FOR  THE
PREVENTION  OF  DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (H)  OF
SUBDIVISION  TEN  OF  SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
  S 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  5  of
section 422 of the social services law, as amended by chapter 555 of the
laws  of  2000, are amended and a new subparagraph (vi) is added to read
as follows:
  (iv) to the subject of the report; [and]
  (v) to a district attorney, an assistant district attorney, an  inves-
tigator  employed  in  the  office of a district attorney, or to a sworn
officer of the division of state police, of  a  city,  county,  town  or
village  police  department  or  of  a county sheriff's office when such
official verifies that the report is  necessary  to  conduct  an  active
investigation  or  prosecution  of  a  violation of subdivision three of
section 240.55 of the penal law[.]; AND
  (VI) TO THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR  THE
PREVENTION  OF  DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (H)  OF
SUBDIVISION  TEN  OF  SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE

S. 7022                             3

LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
  S 5. Subparagraphs (vi) and (vii) of paragraph (d) of subdivision 5 of
section  427-a  of the social services law, as amended by chapter 377 of
the laws of 2011, are amended and a new subparagraph (viii) is added  to
read as follows:
  (vi) a court, but only while the family is receiving services provided
under  the  family  assessment and services track and only pursuant to a
court order or judicial subpoena, issued after notice and an opportunity
for the subject of the report and all parties to the present  proceeding
to be heard, based on a judicial finding that such reports, records, and
any  information  concerning such reports and records, are necessary for
the determination of an issue before the court.  Such  reports,  records
and information to be disclosed pursuant to a judicial subpoena shall be
submitted  to the court for inspection and for such directions as may be
necessary to protect  confidentiality,  including  but  not  limited  to
redaction  of  portions  of the reports, records, and information and to
determine any further limits on redisclosure in addition to the  limita-
tions  provided  for in this title. A court shall not have access to the
sealed family assessment and services reports, records, and any informa-
tion concerning such  reports  and  records,  after  the  conclusion  of
services provided under the family assessment and services track; [and]
  (vii)  the subject of the report included in the records of the family
assessment and services track[.]; AND
  (VIII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE  FOR  THE
PREVENTION  OF  DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (H)  OF
SUBDIVISION  TEN  OF  SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
  S 6. Paragraph (d) of subdivision 1 of section 160.50 of the  criminal
procedure  law, as amended by section 73 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a  license,  or  (iv)  the  New York state department of corrections and
community supervision when the accused is on  parole  supervision  as  a
result  of  conditional  release  or a parole release granted by the New
York state board of parole, and the arrest which is the subject  of  the
inquiry  is  one  which occurred while the accused was under such super-
vision or (v) any prospective employer of  a  police  officer  or  peace
officer  as  those  terms  are  defined in subdivisions thirty-three and
thirty-four of section 1.20 of this chapter, in relation to an  applica-
tion  for  employment  as  a  police officer or peace officer; provided,
however, that every person who is  an  applicant  for  the  position  of
police  officer  or  peace officer shall be furnished with a copy of all
records obtained under this paragraph and  afforded  an  opportunity  to
make  an explanation thereto, or (vi) the probation department responsi-
ble for supervision of the accused when the arrest which is the  subject

S. 7022                             4

of  the  inquiry  is one which occurred while the accused was under such
supervision, OR (VII) THE FATALITY REVIEW TEAM OF  THE  NEW  YORK  STATE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS
SUCH  TEAM  IS  AUTHORIZED  TO  UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF
THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY  PROVISIONS  OF  PARA-
GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and
  S  7. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by section 74 of subpart B of part C of  chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be  made  available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to  section  170.56
or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
parte motion in any superior court, if such agency demonstrates  to  the
satisfaction  of  the  court  that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess  guns,  when  the
accused  has  made  application for such a license, or (iv) the New York
state department of  corrections  and  community  supervision  when  the
accused  is  under parole supervision as a result of conditional release
or parole release granted by the New York state board of parole and  the
arrest  which  is the subject of the inquiry is one which occurred while
the accused was under such supervision, or (v) the probation  department
responsible  for supervision of the accused when the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision, or (vi) a police agency, probation  department,  sher-
iff's  office,  district  attorney's office, department of correction of
any municipality and parole department, for  law  enforcement  purposes,
upon  arrest  in  instances  in which the individual stands convicted of
harassment in the second degree, as defined in  section  240.26  of  the
penal law, committed against a member of the same family or household as
the  defendant,  as defined in subdivision one of section 530.11 of this
chapter, and determined  pursuant  to  subdivision  eight-a  of  section
170.10  of this title, OR (VII) THE FATALITY REVIEW TEAM OF THE NEW YORK
STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING  TO  THOSE
RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE
OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARA-
GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and
  S 8. Subdivision 6 of section 160.58 of the criminal procedure law, as
added  by  section  3  of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  6. Records sealed pursuant to this subdivision shall be made available
to:
  (a) the defendant or the defendant's designated agent;
  (b) qualified agencies, as defined  in  subdivision  nine  of  section
eight  hundred  thirty-five  of the executive law, and federal and state
law enforcement agencies, when acting within  the  scope  of  their  law
enforcement duties; or
  (c)  any  state or local officer or agency with responsibility for the
issuance of licenses to possess guns, when the person has made  applica-
tion for such a license; or
  (d)  any  prospective employer of a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four  of

S. 7022                             5

section  1.20 of this chapter, in relation to an application for employ-
ment as a police officer or peace officer; provided, however, that every
person who is an applicant for the position of police officer  or  peace
officer  shall  be  furnished  with a copy of all records obtained under
this paragraph and afforded an opportunity to make an explanation there-
to[.]; OR
  (E) THE FATALITY REVIEW TEAM OF THE NEW  YORK  STATE  OFFICE  FOR  THE
PREVENTION  OF  DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (H)  OF
SUBDIVISION  TEN  OF  SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
  S 9. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.