S T A T E O F N E W Y O R K
________________________________________________________________________
4185
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
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Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. McDONOUGH
-- read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to requiring
certain persons to make reports in incidences of domestic violence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding two new
sections 459-h and 459-i to read as follows:
S 459-H. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
DOMESTIC VIOLENCE. 1. THE FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED
TO REPORT OR CAUSE A REPORT TO BE MADE TO THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES, WHO SHALL TAKE APPROPRIATE ACTION TO
REFER SUCH VICTIM OF DOMESTIC VIOLENCE TO A PROGRAM UNDER EITHER SECTION
FOUR HUNDRED FIFTY-NINE-B OR FOUR HUNDRED FIFTY-NINE-C OF THIS ARTICLE,
WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT AN INDIVIDUAL COMING
BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS A VICTIM OF
DOMESTIC VIOLENCE: ANY PHYSICIAN; REGISTERED PHYSICIAN'S ASSISTANT;
SURGEON; MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEO-
PATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOL-
OGIST; REGISTERED NURSE; HOSPITAL PERSONNEL ENGAGED IN THE ADMISSION,
EXAMINATION, CARE OR TREATMENT OF PERSONS; A CHRISTIAN SCIENCE PRACTI-
TIONER; SOCIAL SERVICES WORKER; MENTAL HEALTH PROFESSIONAL; SUBSTANCE
ABUSE COUNSELOR; ALCOHOLISM COUNSELOR; PEACE OFFICER; POLICE OFFICER;
DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
WHENEVER SUCH PERSON IS REQUIRED TO REPORT UNDER THIS ARTICLE IN HIS OR
HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR
PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL IMMEDIATELY
NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, FACILITY OR AGENCY, OR
HIS OR HER DESIGNATED AGENT, WHO THEN ALSO SHALL BECOME RESPONSIBLE TO
REPORT OR CAUSE REPORTS TO BE MADE. HOWEVER, NOTHING IN THIS SECTION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06238-01-9
A. 4185 2
ARTICLE IS INTENDED TO REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTI-
TUTION OR AGENCY.
2. ANY PERSON, INSTITUTION, FACILITY, AGENCY, ORGANIZATION, PARTNER-
SHIP OR CORPORATION WHICH EMPLOYS PERSONS MANDATED TO REPORT SUSPECTED
INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRITTEN
INFORMATION EXPLAINING THE REPORTING REQUIREMENTS SET OUT IN SUBDIVISION
ONE OF THIS SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE FOR THE COSTS
ASSOCIATED WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
S 459-I. IMMUNITY FROM LIABILITY. ANY PERSON, OFFICIAL, OR INSTITUTION
WHICH IN GOOD FAITH MAKES A REPORT IN COMPLIANCE WITH SECTION FOUR
HUNDRED FIFTY-NINE-H OF THIS ARTICLE SHALL HAVE IMMUNITY FROM ANY
LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF
SUCH ACTIONS. FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE
GOOD FAITH OF ANY SUCH PERSON, OFFICIAL, OR INSTITUTION REQUIRED TO
REPORT CASES OF DOMESTIC VIOLENCE SHALL BE PRESUMED, PROVIDED SUCH
PERSON, OFFICIAL OR INSTITUTION WAS ACTING IN DISCHARGE OF THEIR DUTIES
AND WITHIN THE SCOPE OF THEIR EMPLOYMENT, AND THAT SUCH LIABILITY DID
NOT RESULT FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF SUCH
PERSON, OFFICIAL OR INSTITUTION.
S 2. This act shall take effect immediately.