NY State Senate Bill 2015-S4288

Senate Bill S4288

Signed By Governor

2015-2016 Legislative Session

Provides that translations and notifications regarding family offense interventions be in other than the English language

download bill text pdf

Archive: Last Bill Status Via A4347 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.432
Nov 10, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate substituted for s4288
Jun 18, 2015	substituted by a4347 ordered to third reading cal.1856 committee discharged and committed to rules
May 12, 2015	reported and committed to finance
Mar 11, 2015	referred to children and families

Votes

- Jun 18, 2015 - Floor Vote
  A4347
  
  41
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (41)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Felder
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Latimer
      
      Libous
      
      Montgomery
      
      Nozzolio
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (22)
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Croci
      
      DeFrancisco
      
      Farley
      
      Funke
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Serino
      
      Seward
  Jun 18, 2015 - Rules Committee Vote
  S4288
  
  19
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2015
      
      aye (19)
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Perkins
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (3)
      
      Bonacic
      
      Larkin
      
      Nozzolio
      
      aye wr (3)
      
      Farley
      
      LaValle
      
      Seward
  May 11, 2015 - Children And Families Committee Vote
  S4288
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 11, 2015
      
      aye (5)
      
      Felder
      
      Montgomery
      
      Savino
      
      Serrano
      
      Young
      
      aye wr (2)
      
      Bonacic
      
      Serino

2015-S4288 (ACTIVE) - Details

See Assembly Version of this Bill:: A4347
Law Section:: Executive Law
Laws Affected:: Amd §§214-b, 840 & 837, Exec L; amd §140.10, CP L
Versions Introduced in 2013-2014 Legislative Session:: A9251

2015-S4288 (ACTIVE) - Summary

Provides that translations and notifications regarding family offense interventions be in other than the English language.

2015-S4288 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4288

TITLE OF BILL:  An act to amend the executive law and the criminal
procedure law, in relation to translations and notification to be made
in other than the English language in family offense interventions

PURPOSE:  To require that police translate domestic incident reports
if they are filled out in a language other than English and to also
require that victims are notified of their rights in their native
language.

SUMMARY OF PROVISIONS:

Section 1 amends the executive law to require the state police to
implement policies and procedures that include the translation of
domestic violence incident reports, when such reports are made in a
language other than English, as well as notifying the victim of his or
her rights in his or her native language.

Section 2 amends the executive law to require that the Municipal
Police Training Council implement policies and procedures for local
law enforcement that include the translation of domestic violence
incident reports, when such reports are made in a language other than
English, as well as notifying the victim of his or her rights in his
or her native language.

Section 3 amends the executive law to require the "domestic violence
incident report form" developed by the Department of Criminal Justice
Services to be in accordance with the newly added translation
provisions.

Section 4 amends the penal law to require the translation of incident
reports in accordance with section 214-b or 840 of the executive law,
as amended by the bill.

JUSTIFICATION:  Non English speaking victims should have the same
access to justice as English speaking victims. When a non-English
speaking victim fills out a domestic violence incident report, such
report should be promptly translated to effectuate the investigation
as to whether or not a crime has occurred. Additionally, the
notification of victim's rights should be provided to such victim in
his or her native language.

This bill will ensure that state and local law enforcement have
policies and procedures in place for such translation and notification
requirements so that no victim of domestic violence is denied access
to justice.

PRIOR LEGISLATIVE HISTORY:  A.9251 of 2014 (Davila): Passed Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Minimal

EFFECTIVE DATE:  This Act shall take effect on the ninetieth day after
it shall have become law.

2015-S4288 (ACTIVE) - Bill Text download pdf

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

                                  4288

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to translations and notification to be made in other than the
  English language in family offense interventions

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

  Section 1. Section 214-b of the executive law, as added by chapter 222
of the laws of 1994, is amended to read as follows:
  S 214-b. Family offense intervention. The  superintendent  shall,  for
all  members  of  the  state  police including new and veteran officers,
develop, maintain and disseminate, in consultation with the state office
for the prevention of domestic violence, written policies and procedures
consistent with article eight of the family  court  act  and  applicable
provisions  of  the  criminal  procedure  and  domestic  relations laws,
regarding the investigation of and intervention in incidents  of  family
offenses.  Such  policies and procedures shall make provision for educa-
tion and training in the interpretation and enforcement  of  New  York's
family offense laws, including but not limited to:
  (a)  intake  and recording of victim statements, AND THE PROMPT TRANS-
LATION OF SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN  ENGLISH,  IN
ACCORDANCE  WITH  SUBDIVISION  (C)  OF  THIS  SECTION, on a standardized
"domestic violence incident report form" promulgated by the state  divi-
sion  of  criminal justice services in consultation with the superinten-
dent and with the state office for the prevention of domestic  violence,
and  the  investigation  thereof  so as to ascertain whether a crime has
been committed against the victim by a member of the victim's family  or
household  as  such terms are defined in section eight hundred twelve of
the family court act and section 530.11 of the criminal procedure law;
  (b) the need for immediate intervention in family  offenses  including
the  arrest  and detention of alleged offenders, pursuant to subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03999-01-5

S. 4288                             2

four of section 140.10 of the  criminal  procedure  law,  and  notifying
victims  of  their  rights,  IN  THEIR NATIVE LANGUAGE, IF IDENTIFIED AS
OTHER THAN ENGLISH, IN ACCORDANCE WITH SUBDIVISION (C) OF THIS  SECTION,
including  but  not limited to immediately providing the victim with the
written notice provided in subdivision six  of  section  530.11  of  the
criminal  procedure  law  and  subdivision five of section eight hundred
twelve of the family court act.
  (C) THE SUPERINTENDENT, IN CONSULTATION WITH THE DIVISION OF  CRIMINAL
JUSTICE  SERVICES AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE
SHALL DETERMINE THE LANGUAGES IN  WHICH  SUCH  TRANSLATION  REQUIRED  BY
SUBDIVISION  (A) OF THIS SECTION, AND THE NOTIFICATION REQUIRED PURSUANT
TO SUBDIVISION (B) OF THIS SECTION, SHALL  BE  PROVIDED.  SUCH  DETERMI-
NATION  SHALL BE BASED ON THE SIZE OF THE NEW YORK STATE POPULATION THAT
SPEAKS EACH LANGUAGE AND ANY OTHER RELEVANT FACTOR.  SUCH WRITTEN NOTICE
REQUIRED PURSUANT TO SUBDIVISION (B)  OF  THIS  SECTION  SHALL  BE  MADE
AVAILABLE TO ALL STATE POLICE OFFICERS IN THE STATE.
  S  2.  Paragraph  (f) of subdivision 3 of section 840 of the executive
law, as amended by section 5 of part Q of chapter  56  of  the  laws  of
2009, is amended to read as follows:
  (f)  Develop, maintain and disseminate, in consultation with the state
office for the prevention of domestic  violence,  written  policies  and
procedures  consistent  with  article  eight of the family court act and
applicable provisions of the criminal procedure and  domestic  relations
laws, regarding the investigation of and intervention by new and veteran
police  officers  in  incidents  of  family  offenses. Such policies and
procedures shall make provisions  for  education  and  training  in  the
interpretation  and  enforcement  of  New  York's  family  offense laws,
including but not limited to:
  (1) intake and recording of victim statements, AND THE  PROMPT  TRANS-
LATION  OF  SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN ENGLISH, IN
ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS PARAGRAPH, on a  standardized
"domestic  violence incident report form" promulgated by the division of
criminal justice services in consultation  with  the  superintendent  of
state  police,  representatives  of  local  police  forces and the state
office for the prevention of domestic violence,  and  the  investigation
thereof  so  as  to ascertain whether a crime has been committed against
the victim by a member of the victim's family or household as such terms
are defined in section eight hundred twelve of the family court act  and
section 530.11 of the criminal procedure law; and
  (2)  the  need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant  to  subdivision
four  of  section  140.10  of  the criminal procedure law, and notifying
victims of their rights, IN THEIR  NATIVE  LANGUAGE,  IF  IDENTIFIED  AS
OTHER  THAN ENGLISH, IN ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS PARA-
GRAPH, including but not limited to  immediately  providing  the  victim
with the written notice required in subdivision six of section 530.11 of
the criminal procedure law and subdivision five of section eight hundred
twelve of the family court act;
  (3) DETERMINE, IN CONSULTATION WITH THE SUPERINTENDENT OF STATE POLICE
AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, THE LANGUAGES IN
WHICH  SUCH  TRANSLATION REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH,
AND THE NOTIFICATION REQUIRED BY SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH,
SHALL  BE PROVIDED. SUCH DETERMINATION SHALL BE BASED ON THE SIZE OF THE
NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER  RELE-
VANT  FACTOR.  SUCH WRITTEN NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH TWO
OF THIS PARAGRAPH SHALL BE MADE AVAILABLE TO ALL LOCAL  LAW  ENFORCEMENT

S. 4288                             3

AGENCIES  THROUGHOUT  THE STATE. NOTHING IN THIS PARAGRAPH SHALL PREVENT
THE COUNCIL FROM USING THE DETERMINATIONS MADE BY THE SUPERINTENDENT  OF
STATE  POLICE  PURSUANT  TO SUBDIVISION (C) OF SECTION TWO HUNDRED FOUR-
TEEN-B OF THIS CHAPTER;
  S  3.  The  opening  paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 626 of the laws of 1997, is amended
to read as follows:
  Promulgate, in consultation with the superintendent  of  state  police
and  the  state  office  for the prevention of domestic violence, AND IN
ACCORDANCE WITH PARAGRAPH (F) OF  SUBDIVISION  THREE  OF  SECTION  EIGHT
HUNDRED  FORTY  OF THIS ARTICLE, a standardized "domestic violence inci-
dent report form" for use by state and local law enforcement agencies in
the reporting, recording and investigation of all alleged  incidents  of
domestic  violence,  regardless of whether an arrest is made as a result
of such investigation. Such form shall be prepared  in  multiple  parts,
one  of  which  shall  be  immediately provided to the victim, and shall
include designated spaces for: the recordation of  the  results  of  the
investigation by the law enforcement agency and the basis for any action
taken;  the  recordation of a victim's allegations of domestic violence;
the age and gender of the victim and the alleged offender or  offenders;
and  immediately  thereunder  a  space  on which the victim may sign and
verify such victim's allegations. Such form shall also include, but  not
be limited to spaces to identify:
  S 4. Subdivision 5 of section 140.10 of the criminal procedure law, as
amended  by  section 72 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  5. Upon investigating a report of a crime or offense  between  members
of  the  same  family  or household as such terms are defined in section
530.11 of this chapter and section eight hundred twelve  of  the  family
court  act,  a  law  enforcement  officer shall prepare [and], file, AND
TRANSLATE, IN ACCORDANCE WITH SECTION TWO HUNDRED  FOURTEEN-B  OR  EIGHT
HUNDRED FORTY OF THE EXECUTIVE LAW, a written report of the incident, on
a form promulgated pursuant to section eight hundred thirty-seven of the
executive  law,  including  statements  made  by  the  victim and by any
witnesses, and  make  any  additional  reports  required  by  local  law
enforcement  policy  or  regulations.  Such report shall be prepared and
filed, whether or not an arrest is made as a  result  of  the  officers'
investigation, and shall be retained by the law enforcement agency for a
period of not less than four years. Where the reported incident involved
an  offense committed against a person who is sixty-five years of age or
older a copy of the report required by this subdivision shall be sent to
the New York state committee for the coordination of police services  to
elderly  persons  established  pursuant  to section eight hundred forty-
four-b of the executive law. Where the  reported  incident  involved  an
offense  committed by an individual known by the law enforcement officer
to be under probation or parole supervision, he or she shall transmit  a
copy  of  the report as soon as practicable to the supervising probation
department or the department of corrections and community supervision.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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