Assembly Bill A10571

                                BILL NUMBER:A10571

TITLE  OF  BILL:    An  act  to  amend the executive law, in relation to
directing the municipal police training council  to  establish  policies
and procedures for the investigation of sex offenses and intervention by
police officers into the commission of such offenses

PURPOSE  OF  BILL:    This  bill  would better protect victims of sexual
assault as well as the  general  public  by  authorizing  the  Municipal
Police  Training  Council to establish policies and procedures regarding
investigations of and interventions by police officers relating to sexu-
al assault crimes including related provisions for training of  new  and
veteran police officers.

SUMMARY  OF PROVISIONS OF BILL:  Section 1 of the bill amends the execu-
tive law by adding a new subdivision 4 to section 840.

Subdivision 4 (a) authorizes the Municipal Police  Training  Council  to
develop  and  disseminate policies and procedures regarding the investi-
gation and intervention by police officers in sexual assault crimes. The
policies and procedures will also  make  provisions  for  education  and
training relating to the enforcement and investigation of crimes involv-
ing sexual assault under New York's State laws.

Subdivision  4  (b)  authorizes the Municipal Police Training Council to
recommend to the governor rules and  regulations  with  respect  to  the
              

establishment  and  implementation of a training program for all current
and new police officers regarding the  policies  and  procedures  estab-
lished pursuant to the subdivision.

Section  2  provides that this act shall become law on the ninetieth day
after becoming law.

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.    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). Yet, studies indicate that a small percentage of rape
or sexual assault is reported. In addition, a significant percentage  of
sexual  violence is perpetrated by intimate partners. Furthermore, it is
not uncommon to presume that sexual  violence  occurs  among  strangers.
This may impact the nature and type of response to such crimes. In addi-
tion,  advocates for prevention of sexual violence continue to express a
need for better instruction for police officers related to  response  to
sexual  violence.  Therefore, it is critical to build on the foundations
of laws the legislature has passed thus far relating to sexual  violence
to  ensure that police officers have uniform policies and procedures for
investigation and intervention, and the necessary information,  training
and tools to enhance their response to sexual violence.

Similar to the provisions for response to domestic violence, this legis-
lation  provides  for  the  municipal  police training council (MPTC) to
develop policies and procedures for investigation  and  intervention  by
police  officers  of  crimes involving sexual assault. Such policies and
procedures,  developed after consultation with rape crisis centers expe-
rienced in assisting victims in New York State, would include provisions
for training of police officers such as, techniques to interview  sexual
assault  victims,  developing  a better understanding of rape and sexual
abuse trauma, common attributes of offenders, fair  treatment  standards
for  crime victims, gathering and preservation of evidence and notice of
local services available to victims of such crimes. This is important as
advocates for prevention of sexual violence continue to express  a  need
for policies, procedures and instruction for police officers that empha-
sizes  a  victim centered approach to response to sexual violence. While
this legislation does not  require  training  of  veteran  officers,  it
provides  for  development  and dissemination of policies and procedures
for their training when such training occurs.

This legislation addresses the technical and fiscal concerns  raised  in
the  veto message #68 of 2009 relating to A4629-B. It does so by author-
izing the MPTC to recommend regulations to the Governor. In addition, it
addresses the fiscal concerns in  the  message  by  removing  additional
training for child protective workers and also does not mandate training
for veteran officers.

LEGISLATIVE HISTORY:
2009; A.4629-B/S.5042 - Veto #68 '09
2007-08; A.3148-A - Passed Assembly
2006; A.8294 - Passed Assembly
2005; A.8294 - A. Calendar

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect in 90 days.