Assembly Bill A3297

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

                                  3297

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by  M.  of A. BRADLEY, PERALTA, ESPAILLAT, PHEFFER -- Multi-
  Sponsored by -- M. of A.   EDDINGTON, GABRYSZAK, KOON,  MAISEL,  McDO-
  NOUGH, REILLY -- read once and referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law, the executive law and the
  county law, in  relation  to  arrests  for  violations  of  orders  of
  protection  and  mandatory training for police officers with regard to
  the assessing and handling of domestic violence matters

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

  Section 1. The opening paragraph of subdivision 4 of section 140.10 of
the criminal procedure law, as added by chapter 222 of the laws of 1994,
is amended to read as follows:
  Notwithstanding any other provisions of this section, a police officer
[shall]  MAY  arrest  a  person[, and shall not attempt to reconcile the
parties or mediate,] where such officer has reasonable cause to  believe
that:
  S  2.    Section  575  of the executive law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. DOMESTIC VIOLENCE TRAINING FOR LAW ENFORCEMENT  PERSONNEL.    (A)
THE  OFFICE,  IN CONJUNCTION WITH THE SUPERINTENDENT OF THE STATE POLICE
AND THE COUNTY TASK  FORCE  AUTHORIZED  BY  SUBDIVISION  SEVEN  OF  THIS
SECTION, SHALL, BY JANUARY FIRST, TWO THOUSAND TEN, DEVELOP A COMPREHEN-
SIVE,  STANDARDIZED  TRAINING COURSE FOR LAW ENFORCEMENT OFFICERS IN THE
STATE, WHICH COURSE SHALL FOCUS ON THE RECOGNITION,  ASSESSMENT,  HANDL-
ING, DOCUMENTATION AND INVESTIGATION OF DOMESTIC VIOLENCE, POLICE INTER-
VENTION  IN DOMESTIC VIOLENCE MATTERS, AND THE ACTIONS NECESSARY AND THE
NEED AND MEANS AVAILABLE TO PROTECT THE VICTIMS  OF  DOMESTIC  VIOLENCE.
THE  COURSE  SHALL  PROVIDE INSTRUCTION IN APPLICABLE PROVISIONS OF LAW,
INCLUDING, BUT NOT LIMITED TO, RELEVANT SECTIONS  OF  THE  FAMILY  COURT
ACT,  DOMESTIC  RELATIONS  LAW,  AND  CRIMINAL PROCEDURE LAW. THE OFFICE
SHALL DEVELOP WRITTEN MATERIALS AND OTHER MEDIA TO BE USED  IN  CONJUNC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03537-01-9
              

A. 3297                             2

TION WITH THE COURSE AND SHALL PROVIDE SUCH MATERIALS TO LAW ENFORCEMENT
ENTITIES AT A COST TO BE DETERMINED BY THE EXECUTIVE DIRECTOR.
  (B)  EVERY  LAW  ENFORCEMENT OFFICER IN THIS STATE SHALL, ON OR BEFORE
JULY FIRST, TWO THOUSAND TEN, AND EVERY FOUR YEARS THEREAFTER,  COMPLETE
COURSE WORK OR TRAINING APPROPRIATE TO THE OFFICER'S PROFESSIONAL ACTIV-
ITIES AS APPROVED BY THE OFFICE. EACH LAW ENFORCEMENT AGENCY AND DEPART-
MENT  SHALL  DOCUMENT  THAT  THE  PROFESSIONAL HAS COMPLETED TRAINING IN
ACCORDANCE WITH THIS SECTION.
  (C) THE OFFICE SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO ANY
LAW ENFORCEMENT OFFICER WHO REQUESTS SUCH  AN  EXEMPTION  AND  WHO:  (I)
CLEARLY DEMONSTRATES TO THE OFFICE'S SATISFACTION THAT THERE WOULD BE NO
NEED  FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF
THE NATURE OF HIS OR HER PROFESSIONAL ACTIVITIES; OR (II) HAS  COMPLETED
COURSE  WORK  OR  TRAINING  DEEMED BY THE OFFICE TO BE EQUIVALENT TO THE
TRAINING REQUIRED PURSUANT TO THIS SECTION.  THE  OFFICE  SHALL  CONSULT
WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE
WITH  EXPERTISE  IN DOMESTIC VIOLENCE WITH RESPECT TO DETERMINING STAND-
ARDS FOR THE NATURE, CONTENT AND LENGTH  OF  COURSE  WORK  AND  TRAINING
DEEMED  SATISFACTORY  FOR PURPOSES OF GRANTING AN  EXEMPTION AS PROVIDED
IN THIS PARAGRAPH.
  S 3. 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. 1. 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, 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;
AND
  (b)  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,  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.
  2. THE SUPERINTENDENT SHALL INSTITUTE A MANDATORY TRAINING PROGRAM FOR
ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETERAN OFFICERS,  IN
THE  ASSESSMENT,  HANDLING  AND  INVESTIGATION  OF, AND INTERVENTION IN,
DOMESTIC VIOLENCE MATTERS, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION THREE-A OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THIS CHAPTER.
  S 4. The county law is amended by adding a new section 238 to read  as
follows:

A. 3297                             3

  S  238.  DOMESTIC VIOLENCE TRAINING. 1. BY JANUARY FIRST, TWO THOUSAND
TEN, THE GOVERNING BODY OF EACH COUNTY SHALL AUTHORIZE  AND  DIRECT  THE
CHIEF  LAW ENFORCEMENT OFFICER OF THE COUNTY TO ESTABLISH AND MAINTAIN A
TRAINING PROGRAM FOR ALL LAW ENFORCEMENT OFFICERS IN THE COUNTY  IN  THE
ASSESSMENT  AND HANDLING OF DOMESTIC VIOLENCE MATTERS IN COMPLIANCE WITH
THE PROVISIONS OF SECTION FIVE HUNDRED  SEVENTY-FIVE  OF  THE  EXECUTIVE
LAW,  AND SHALL AUTHORIZE ANY EXPENDITURES AS MAY BE NECESSARY TO IMPLE-
MENT AND MAINTAIN SUCH PROGRAM.
  2. THE CHIEF LAW ENFORCEMENT OFFICER OF  THE  COUNTY  SHALL  IMPLEMENT
SUCH REPORTING PROGRAM BY JULY FIRST, TWO THOUSAND TEN.
  3. ANY COUNTY WHICH HAS ALREADY IMPLEMENTED A DOMESTIC VIOLENCE TRAIN-
ING  PROGRAM  WHICH COMPLIES WITH THE PROVISIONS OF SECTION FIVE HUNDRED
SEVENTY-FIVE OF THE EXECUTIVE LAW MAY CONTINUE TO UTILIZE SUCH  PROGRAM,
PROVIDED  THE PROGRAM REMAINS CAPABLE OF SATISFYING THE REQUIREMENTS SET
FORTH IN SUBDIVISION THREE-A OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE
EXECUTIVE LAW.
  S 5. This act shall take effect immediately;  provided,  however,  the
amendments  to subdivision 4 of section 140.10 of the criminal procedure
law made by section one of this act shall not affect the repeal of  such
subdivision and shall be deemed repealed therewith.