S. 5031 2
LIMITED TO ACTS CONSTITUTING DISORDERLY CONDUCT, HARASSMENT, MENACING,
RECKLESS ENDANGERMENT, STALKING, KIDNAPPING, ASSAULT, ATTEMPTED ASSAULT,
OR ATTEMPTED MURDER; AND
(A) SUCH ACT OR ACTS HAVE RESULTED IN ACTUAL PHYSICAL OR EMOTIONAL
INJURY OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM
TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
(B) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THESE TERMS ARE DEFINED IN
SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
(C) FOR PURPOSES OF THE DOMESTIC VIOLENCE PROVISIONS OF THIS ARTICLE,
"CHILD" MEANS A PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN YEARS,
AND WHO IS A BIRTH OR ADOPTIVE CHILD OR WHO IS A CHILD WITH WHOSE CARE
AND CUSTODY THE INDIVIDUAL IS LAWFULLY CHARGED.
S 2. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, is amended to read
as follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual orientation,
military status, sex, or disability [or], marital status, OR STATUS AS A
VICTIM OF DOMESTIC VIOLENCE of any person, directly or indirectly, to
refuse, withhold from or deny to such person any of the accommodations,
advantages, facilities or privileges thereof, including the extension of
credit, or, directly or indirectly, to publish, circulate, issue,
display, post or mail any written or printed communication, notice or
advertisement, to the effect that any of the accommodations, advantages,
facilities and privileges of any such place shall be refused, withheld
from or denied to any person on account of race, creed, color, national
origin, sexual orientation, military status, sex, or disability [or],
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that the
patronage or custom thereat of any person of or purporting to be of any
particular race, creed, color, national origin, sexual orientation,
military status, sex [or], marital status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
S 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, sexual
orientation, military status, age, sex, marital status, [or] familial
status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or
persons, or to represent that any housing accommodation or land is not
available for inspection, sale, rental or lease when in fact it is so
available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, sexual orientation, military
status, age, sex, marital status, [or] familial status, OR STATUS AS A
VICTIM OF DOMESTIC VIOLENCE in the terms, conditions or privileges of
any publicly-assisted housing accommodations or in the furnishing of
facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, sexual orien-
S. 5031 3
tation, membership in the reserve armed forces of the United States or
in the organized militia of the state, age, sex, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of a person
seeking to rent or lease any publicly-assisted housing accommodation;
provided, however, that nothing in this subdivision shall prohibit a
member of the reserve armed forces of the United States or in the organ-
ized militia of the state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any
intent to make any such limitation, specification or discrimination.
S 4. Subdivisions 3-b and 4 of section 296 of the executive law, as
amended by chapter 106 of the laws of 2003, are amended to read as
follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, sexual orientation,
military status, sex, disability, marital status, [or] familial status,
OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of the owners or occupants in
the block, neighborhood or area in which the real property is located,
and to represent, directly or indirectly, that this change will or may
result in undesirable consequences in the block, neighborhood or area in
which the real property is located, including but not limited to the
lowering of property values, an increase in criminal or anti-social
behavior, or a decline in the quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the harassment of
any student or applicant, by reason of his race, color, religion, disa-
bility, national origin, sexual orientation, military status, sex, age
[or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
that any such institution which establishes or maintains a policy of
educating persons of one sex exclusively may admit students of only one
sex.
S 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
of the executive law, as amended by chapter 106 of the laws of 2003, are
amended to read as follows:
(a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
S. 5031 4
status, sex, age, disability, marital status, [or] familial status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
represent that any housing accommodation or land is not available for
inspection, sale, rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale,
rental or lease of any such housing accommodation or in the furnishing
of facilities or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any
intent to make any such limitation, specification or discrimination.
The provisions of this paragraph [(a)] shall not apply (1) to the
rental of a housing accommodation in a building which contains housing
accommodations for not more than two families living independently of
each other, if the owner resides in one of such housing accommodations,
(2) to the restriction of the rental of all rooms in a housing accommo-
dation to individuals of the same sex or (3) to the rental of a room or
rooms in a housing accommodation, if such rental is by the occupant of
the housing accommodation or by the owner of the housing accommodation
and the owner resides in such housing accommodation or (4) solely with
respect to age and familial status to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons sixty-
two years of age or older and the spouse of any such person, or for
housing intended and operated for occupancy by at least one person
fifty-five years of age or older per unit. In determining whether hous-
ing is intended and operated for occupancy by persons fifty-five years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
represent that any housing accommodation or land is not available for
inspection, sale, rental or lease when in fact it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale,
rental or lease of any such land or commercial space; or in the furnish-
ing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
S. 5031 5
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; or any
intent to make any such limitation, specification or discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
represent that any housing accommodation, land or commercial space is
not available for inspection, sale, rental or lease when in fact it is
so available, or otherwise to deny or withhold any housing accommo-
dation, land or commercial space or any facilities of any housing accom-
modation, land or commercial space from any person or group of persons
because of the race, creed, color, national origin, sexual orientation,
military status, sex, age, disability, marital status, [or] familial
status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or
persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, military status, sex, age,
disability, marital status, [or] familial status, OR STATUS AS A VICTIM
OF DOMESTIC VIOLENCE; or any intent to make any such limitation, spec-
ification or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of any housing accommodation or
land to be used for the construction or location of housing accommo-
dations for persons sixty-two years of age or older, or intended and
S. 5031 6
operated for occupancy by at least one person fifty-five years of age or
older per unit. In determining whether housing is intended and operated
for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
(2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi-
vidual who is otherwise qualified for membership, to exclude or expel
such individual from membership, or to discriminate against such indi-
vidual in the terms, conditions and privileges of membership in such
board.
S 6. Subdivision 20 of section 296 of the executive law, as renumbered
by chapter 204 of the laws of 1996, is renumbered subdivision 21 and a
new subdivision 20 is added to read as follows:
20. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER, BECAUSE OF ANY INDIVIDUAL'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
TO REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM EMPLOYMENT
SUCH INDIVIDUAL OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN COMPEN-
SATION OR IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT.
(B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT,
ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICATION FOR
EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION WITH PROSPECTIVE EMPLOY-
MENT WHICH EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICA-
TION OR DISCRIMINATION AS TO STATUS AS A VICTIM OF DOMESTIC VIOLENCE, OR
ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMINATION;
PROVIDED, HOWEVER, THAT NO PROVISION OF THIS SUBDIVISION SHALL BE
CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING ANY INQUIRY OR OBTAINING
INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE TO, OR A REASONABLE
ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO,
A VICTIM OF DOMESTIC VIOLENCE.
(C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
TO REFUSE TO PROVIDE A REASONABLE ACCOMMODATION TO AN EMPLOYEE WHO IS
KNOWN BY THE EMPLOYER TO BE A VICTIM OF DOMESTIC VIOLENCE, LIMITED TO
THOSE ACCOMMODATIONS SET FORTH IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
WHEN SUCH EMPLOYEE MUST BE ABSENT FROM WORK FOR A REASONABLE TIME,
UNLESS SUCH ABSENCE WOULD CAUSE AN UNDUE HARDSHIP TO THE EMPLOYER AS SET
FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH, PROVIDED, HOWEVER THAT
THE EMPLOYER MAY REQUIRE AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT TO
THIS SECTION AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED, WHERE AVAIL-
ABLE, AND ANY SUCH ABSENCE THAT CANNOT BE CHARGED MAY BE TREATED AS
LEAVE WITHOUT PAY.
(2) AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION TO
AN EMPLOYEE WHO IS A VICTIM OF DOMESTIC VIOLENCE WHO MUST BE ABSENT FROM
WORK FOR A REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
AGRAPH ONE OF THIS PARAGRAPH, LIMITED TO THE FOLLOWING:
(I) SEEKING MEDICAL ATTENTION FOR INJURIES CAUSED BY DOMESTIC
VIOLENCE; OR
(II) OBTAINING SERVICES FROM A DOMESTIC VIOLENCE SHELTER, PROGRAM, OR
RAPE CRISIS CENTER AS A RESULT OF DOMESTIC VIOLENCE; OR
(III) OBTAINING PSYCHOLOGICAL COUNSELING RELATED TO AN INCIDENT OR
INCIDENTS OF DOMESTIC VIOLENCE; OR
S. 5031 7
(IV) PARTICIPATING IN SAFETY PLANNING AND TAKING OTHER ACTIONS TO
INCREASE SAFETY FROM FUTURE INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING
TEMPORARY OR PERMANENT RELOCATION; OR
(V) OBTAINING LEGAL SERVICES, ASSISTING IN THE PROSECUTION OF THE
OFFENSE, OR APPEARING IN COURT IN RELATION TO THE INCIDENT OR INCIDENTS
OF DOMESTIC VIOLENCE.
(3) AN EMPLOYER IS NOT REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION
FOR AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARA-
GRAPHS ONE AND TWO OF THIS PARAGRAPH WHERE THE EMPLOYEE'S ABSENCE WOULD
CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOYER. A DETERMINATION OF WHETHER
SUCH AN ABSENCE WILL CONSTITUTE AN UNDUE HARDSHIP SHALL INCLUDE CONSID-
ERATION OF FACTORS SUCH AS:
(I) THE OVERALL SIZE OF THE BUSINESS, PROGRAM OR ENTERPRISE WITH
RESPECT TO THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
SIZE OF BUDGET;
(II) THE TYPE OF OPERATION IN WHICH THE BUSINESS, PROGRAM OR ENTER-
PRISE IS ENGAGED, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORK-
FORCE; AND
(III) WHETHER THE ACCOMMODATION WILL RESULT IN THE INABILITY OF AN
EMPLOYEE TO PERFORM THE ESSENTIAL FUNCTIONS OF THE POSITION IN WHICH HE
OR SHE IS EMPLOYED.
(4) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL PROVIDE THE
EMPLOYER WITH REASONABLE ADVANCE NOTICE OF THE EMPLOYEE'S ABSENCE,
UNLESS SUCH ADVANCE NOTICE IS NOT FEASIBLE.
(5) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WHO CANNOT FEASIBLY
GIVE REASONABLE ADVANCE NOTICE OF THE ABSENCE IN ACCORDANCE WITH SUBPAR-
AGRAPH FOUR OF THIS PARAGRAPH MUST, WITHIN A REASONABLE TIME AFTER THE
ABSENCE, PROVIDE A CERTIFICATION TO THE EMPLOYER WHEN REQUESTED BY THE
EMPLOYER.
SUCH CERTIFICATION SHALL BE IN THE FORM OF:
(I) A POLICE REPORT INDICATING THAT THE EMPLOYEE WAS A VICTIM OF
DOMESTIC VIOLENCE;
(II) A COURT ORDER PROTECTING OR SEPARATING THE EMPLOYEE FROM THE
PERPETRATOR OF AN ACT OF DOMESTIC VIOLENCE;
(III) OTHER EVIDENCE FROM THE COURT OR PROSECUTING ATTORNEY THAT THE
EMPLOYEE APPEARED IN COURT; OR
(IV) DOCUMENTATION FROM A MEDICAL PROFESSIONAL, DOMESTIC VIOLENCE
ADVOCATE, HEALTH CARE PROVIDER, OR COUNSELOR THAT THE EMPLOYEE WAS
UNDERGOING COUNSELING OR TREATMENT FOR PHYSICAL OR MENTAL INJURIES OR
ABUSE RESULTING IN VICTIMIZATION FROM AN ACT OF DOMESTIC VIOLENCE.
(6) WHERE AN EMPLOYEE HAS A PHYSICAL OR MENTAL DISABILITY RESULTING
FROM AN INCIDENT OR SERIES OF INCIDENTS OF DOMESTIC VIOLENCE, SUCH
EMPLOYEE SHALL BE TREATED IN THE SAME MANNER AS AN EMPLOYEE WITH ANY
OTHER DISABILITY, PURSUANT TO THE PROVISIONS OF THIS SECTION WHICH
PROVIDE THAT DISCRIMINATION AND REFUSAL TO PROVIDE REASONABLE ACCOMMO-
DATION OF DISABILITY ARE UNLAWFUL DISCRIMINATORY PRACTICES.
(D) TO THE EXTENT ALLOWED BY LAW, EMPLOYERS SHALL MAINTAIN THE CONFI-
DENTIALITY OF ANY INFORMATION REGARDING AN EMPLOYEE'S STATUS AS A VICTIM
OF DOMESTIC VIOLENCE.
S 7. Section 249-b of the family court act, as added by chapter 626
of the laws of 2007, is amended to read as follows:
S 249-b. Rules of court. (A) The chief administrator of the courts,
pursuant to paragraph (e) of subdivision two of section two hundred
S. 5031 8
twelve of the judiciary law, shall promulgate court rules [prescribing]
FOR ATTORNEYS FOR CHILDREN. SUCH COURT RULES SHALL:
1. PRESCRIBE workload standards for attorneys for children, including
maximum numbers of children who can be represented at any given time, in
order to ensure that children receive effective assistance of counsel
comporting with legal and ethical mandates, the complexity of the
proceedings affecting each client to which the law guardian is assigned,
and the nature of the court appearance likely to be required for each
individual client[. Appointments of attorneys for children under
section two hundred forty-nine of this part shall be in conformity with
the rules]; AND
2. REQUIRE THAT EACH PERSON APPOINTED BY THE COURT TO BE AN ATTORNEY
FOR A CHILD COMPLETE A MINIMUM OF FOUR HOURS OF TRAINING OR EDUCATION IN
DOMESTIC VIOLENCE, AS PROVIDED IN THIS SECTION. SUCH TRAINING OR EDUCA-
TION MUST BE APPROVED BY THE CERTIFICATION COMMITTEE OR INCLUDED ON A
LIST OF RECOMMENDED PROGRAMS SPONSORED BY INDEPENDENT PROVIDERS OF LEGAL
EDUCATION. SUCH TRAINING OR EDUCATION PROGRAM MUST INCLUDE THE DYNAMICS
OF DOMESTIC VIOLENCE AND ITS EFFECT ON VICTIMS AND ON CHILDREN, AND THE
RELATIONSHIP BETWEEN SUCH DYNAMICS AND THE ISSUES CONSIDERED BY THE
COURT, INCLUDING, BUT NOT LIMITED TO, CUSTODY, VISITATION AND CHILD
SUPPORT.
(B) APPOINTMENTS OF ATTORNEYS FOR CHILDREN UNDER SECTION TWO HUNDRED
FORTY-NINE OF THIS PART SHALL BE IN CONFORMITY WITH THE RULES.
S 8. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 538 of the laws of 2008, is amended
to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section AND STATE ON THE RECORD HOW SUCH FINDINGS, FACTS AND
CIRCUMSTANCES FACTORED INTO THE DIRECTION. If a parent makes a good
faith allegation based on a reasonable belief supported by facts that
the child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the reasonable actions
S. 5031 9
taken based on that belief. If an allegation that a child is abused is
supported by a preponderance of the evidence, then the court shall
consider such evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
of harm to that child, AND SHALL STATE ON THE RECORD HOW SUCH FINDINGS
WERE FACTORED INTO THE DETERMINATION. An order directing the payment of
child support shall contain the social security numbers of the named
parties. In all cases there shall be no prima facie right to the custody
of the child in either parent. Such direction shall make provision for
child support out of the property of either or both parents. The court
shall make its award for child support pursuant to subdivision one-b of
this section. Such direction may provide for reasonable visitation
rights to the maternal and/or paternal grandparents of any child of the
parties. Such direction as it applies to rights of visitation with a
child remanded or placed in the care of a person, official, agency or
institution pursuant to article ten of the family court act, or pursuant
to an instrument approved under section three hundred fifty-eight-a of
the social services law, shall be enforceable pursuant to part eight of
article ten of the family court act and sections three hundred fifty-
eight-a and three hundred eighty-four-a of the social services law and
other applicable provisions of law against any person having care and
custody, or temporary care and custody, of the child. Notwithstanding
any other provision of law, any written application or motion to the
court for the establishment, modification or enforcement of a child
support obligation for persons not in receipt of public assistance and
care must contain either a request for child support enforcement
services which would authorize the collection of the support obligation
by the immediate issuance of an income execution for support enforcement
as provided for by this chapter, completed in the manner specified in
section one hundred eleven-g of the social services law; or a statement
that the applicant has applied for or is in receipt of such services; or
a statement that the applicant knows of the availability of such
services, has declined them at this time and where support enforcement
services pursuant to section one hundred eleven-g of the social services
law have been declined that the applicant understands that an income
deduction order may be issued pursuant to subdivision (c) of section
fifty-two hundred forty-two of the civil practice law and rules without
other child support enforcement services and that payment of an adminis-
trative fee may be required. The court shall provide a copy of any such
request for child support enforcement services to the support collection
unit of the appropriate social services district any time it directs
payments to be made to such support collection unit. Additionally, the
copy of any such request shall be accompanied by the name, address and
social security number of the parties; the date and place of the
parties' marriage; the name and date of birth of the child or children;
and the name and address of the employers and income payors of the party
from whom child support is sought or from the party ordered to pay child
support to the other party. Such direction may require the payment of a
sum or sums of money either directly to the custodial parent or to third
persons for goods or services furnished for such child, or for both
payments to the custodial parent and to such third persons; provided,
however, that unless the party seeking or receiving child support has
applied for or is receiving such services, the court shall not direct
such payments to be made to the support collection unit, as established
in section one hundred eleven-h of the social services law. Every order
S. 5031 10
directing the payment of support shall require that if either parent
currently, or at any time in the future, has health insurance benefits
available that may be extended or obtained to cover the child, such
parent is required to exercise the option of additional coverage in
favor of such child and execute and deliver to such person any forms,
notices, documents or instruments necessary to assure timely payment of
any health insurance claims for such child.
S 9. Subdivision (c) of section 215.51 of the penal law, as amended by
chapter 349 of the laws of 2006, is amended to read as follows:
(c) he or she commits the crime of criminal contempt in the second
degree as defined in subdivision three of section 215.50 of this article
by violating [that part of] a duly served order of protection, or such
order of which the defendant has actual knowledge because he or she was
present in court when such order was issued, under sections two hundred
forty and two hundred fifty-two of the domestic relations law, articles
four, five, six and eight of the family court act and section 530.12 of
the criminal procedure law, or an order of protection issued by a court
of competent jurisdiction in another state, territorial or tribal juris-
diction, [which requires the respondent or defendant to stay away from
the person or persons on whose behalf the order was issued,] and where
the defendant has been previously convicted of the crime of aggravated
criminal contempt or criminal contempt in the first or second degree for
violating an order of protection [as described herein] within the
preceding five years; or
S 10. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 326 of the laws of 2008,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, SEXUAL
MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL
ABUSE IN THE SECOND DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION
130.60 OF THE PENAL LAW, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, assault in the second degree,
assault in the third degree or an attempted assault between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this section, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
S 11. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 326 of the laws of 2008, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, SEXUAL
S. 5031 11
MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL
ABUSE IN THE SECOND DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION
130.60 OF THE PENAL LAW, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, assault in the second degree,
assault in the third degree or an attempted assault between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this article, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this article, "members
of the same family or household" shall mean the following:
S 12. Paragraph (a) of subdivision 1 of section 821 of the family
court act, as amended by chapter 635 of the laws of 1999, is amended to
read as follows:
(a) An allegation that the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, SEXUAL MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE
THIRD DEGREE, SEXUAL ABUSE AS SET FORTH IN SUBDIVISION ONE OF SECTION
130.60 OF THE PENAL LAW, stalking, menacing or reckless endangerment
toward any such person; [and]
S 13. Subdivision 5 of section 140.10 of the criminal procedure law,
as amended by chapter 626 of the laws of 1997, 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 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 coor-
dination 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 SUPER-
VISION, HE OR SHE SHALL TRANSMIT A COPY OF THE REPORT AS SOON AS PRACTI-
CABLE TO THE SUPERVISING PROBATION DEPARTMENT OR THE DIVISION OF PAROLE.
S 14. Subdivisions 1 and 2 of section 160.55 of the criminal procedure
law, subdivision 1 as amended by chapter 169 of the laws of 1994 and
subdivision 2 as added by chapter 142 of the laws of 1991, are amended
to read as follows:
1. Upon the termination of a criminal action or proceeding against a
person by the conviction of such person of a traffic infraction or a
S. 5031 12
violation, other than a violation of HARASSMENT IN THE SECOND DEGREE AS
DESCRIBED IN SECTION 240.26 OF THE PENAL LAW COMMITTED AGAINST A MEMBER
OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER AS DETERMINED BY THE COURT PURSUANT TO PARAGRAPH
(F) OF THIS SUBDIVISION, loitering as described in paragraph (d) or (e)
of subdivision one of section 160.10 of this chapter or the violation of
operating a motor vehicle while ability impaired as described in subdi-
vision one of section eleven hundred ninety-two of the vehicle and traf-
fic law, unless the district attorney upon motion with not less than
five days notice to such person or his or her attorney demonstrates to
the satisfaction of the court that the interests of justice require
otherwise, or the court on its own motion with not less than five days
notice to such person or his or her attorney determines that the inter-
ests of justice require otherwise and states the reasons for such deter-
mination on the record, the clerk of the court wherein such criminal
action or proceeding was terminated shall immediately notify the commis-
sioner of the division of criminal justice services and the heads of all
appropriate police departments and other law enforcement agencies that
the action has been terminated by such conviction. Upon receipt of
notification of such termination:
(a) every photograph of such person and photographic plate or proof,
and all palmprints and fingerprints taken or made of such person pursu-
ant to the provisions of this article in regard to the action or
proceeding terminated, and all duplicates and copies thereof, except a
digital fingerprint image where authorized pursuant to paragraph (e) of
this subdivision, shall forthwith be, at the discretion of the recipient
agency, either destroyed or returned to such person, or to the attorney
who represented such person at the time of the termination of the action
or proceeding, at the address given by such person or attorney during
the action or proceeding, by the division of criminal justice services
and by any police department or law enforcement agency having any such
photograph, photographic plate or proof, palmprints or fingerprints in
its possession or under its control;
(b) any police department or law enforcement agency, including the
division of criminal justice services, which transmitted or otherwise
forwarded to any agency of the United States or of any other state or of
any other jurisdiction outside the state of New York copies of any such
photographs, photographic plates or proofs, palmprints and fingerprints,
shall forthwith formally request in writing that all such copies be
destroyed or returned to the police department or law enforcement agency
which transmitted or forwarded them, and upon such return such depart-
ment or agency shall, at its discretion, either destroy or return them
as provided herein;
(c) all official records and papers relating to the arrest or prose-
cution, including all duplicates and copies thereof, on file with the
division of criminal justice services, police agency, or prosecutor's
office shall be sealed and not made available to any person or public or
private agency;
(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
S. 5031 13
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 division of parole 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 super-
vision, 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; and
(e) where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.50
of this article.
(F) UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING AGAINST A
PERSON BY THE CONVICTION OF SUCH PERSON OF A VIOLATION OF HARASSMENT IN
THE SECOND DEGREE AS DESCRIBED IN SECTION 240.26 OF THE PENAL LAW, THE
COURT SHALL DETERMINE IF THE VIOLATION WAS COMMITTED AGAINST A MEMBER OF
THE SAME FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS CHAPTER.
2. A report of the termination of the action or proceeding by
conviction of a traffic violation or a violation other than a violation
of loitering as described in paragraph (d) or (e) of subdivision one of
section 160.10 of this chapter or the violation of operating a motor
vehicle while ability impaired as described in subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, shall
be sufficient notice of sealing to the commissioner of the division of
criminal justice services unless the report also indicates that the
court directed that the record not be sealed in the interests of
justice. Where the court has determined pursuant to subdivision one of
this section that sealing is not in the interests of justice, the clerk
of the court shall include notification of that determination in any
report to such division of the disposition of the action or proceeding.
WHEN THE COURT HAS DETERMINED THAT A VIOLATION OF HARASSMENT IN THE
SECOND DEGREE WAS COMMITTED AGAINST A MEMBER OF THE SAME FAMILY OR
HOUSEHOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SEALING IS NOT
AUTHORIZED AND THE CLERK OF THE COURT SHALL INCLUDE NOTIFICATION OF THAT
DETERMINATION IN ANY REPORT TO SUCH DIVISION OF THE DISPOSITION OF THE
ACTION OR PROCEEDING.
S 15. Section 60.12 of the penal law, as added by chapter 1 of the
laws of 1998, is amended to read as follows:
S 60.12 Authorized disposition; alternative [indeterminate] sentence of
imprisonment; domestic violence cases.
1. Notwithstanding any other provision of law, where a court is impos-
ing sentence pursuant to section 70.02 upon a conviction for an offense
enumerated in subdivision one of such section, other than an offense
defined in article one hundred thirty of this chapter, and is authorized
or required pursuant to such section to impose a determinate sentence of
imprisonment for such offense, the court, upon a determination following
a hearing that (a) the defendant was the victim of physical, sexual or
psychological abuse by the victim or intended victim of such offense,
(b) such abuse was a factor in causing the defendant to commit such
offense and (c) the victim or intended victim of such offense was a
member of the same family or household as the defendant as such term is
defined in subdivision one of section 530.11 of the criminal procedure
S. 5031 14
law, may, in lieu of imposing such determinate sentence of imprisonment
FOR A TERM IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION 70.02 OF THIS
TITLE, impose [an indeterminate] A DETERMINATE sentence of imprisonment
FOR A TERM in accordance with [subdivisions two and three] SUBDIVISION
TWO of this section.
2. The [maximum] term of [an indeterminate] A DETERMINATE sentence
imposed pursuant to subdivision one of this section must be fixed by the
court as follows:
(a) For a class B felony, the term must be at least [six] THREE AND
ONE-HALF years and must not exceed [twenty-five] FIFTEEN years;
(b) For a class C felony, the term must be at least [four and one-
half] TWO years and must not exceed [fifteen] SEVEN years;
(c) For a class D felony, the term must be at least [three] ONE AND
ONE-HALF years and must not exceed [seven] FOUR years; and
(d) For a class E felony, the term must be at least [three years] ONE
YEAR and must not exceed [four] THREE years.
[3. The minimum period of imprisonment under an indeterminate
sentence imposed pursuant to subdivision one of this section must be
fixed by the court at one-half of the maximum term imposed and must be
specified in the sentence.]
S 16. Section 575 of the executive law is amended by adding a new
subdivision 11 to read as follows:
11. DOMESTIC VIOLENCE FATALITY REVIEW TEAMS. (A) A COUNTY, CITY OR
OTHER LOCAL GOVERNMENTAL ENTITY MAY ESTABLISH A DOMESTIC VIOLENCE FATAL-
ITY REVIEW TEAM FOR THE PURPOSE OF ANALYZING THE DOMESTIC VIOLENCE-RE-
LATED DEATH OR NEAR DEATH OF AN INDIVIDUAL, WITH THE GOAL OF IMPROVING
SYSTEMS, REDUCING THE NUMBER OF DOMESTIC VIOLENCE-RELATED FATALITIES AND
FACILITATING COMMUNICATION AMONG THE VARIOUS AGENCIES INVOLVED IN DOMES-
TIC VIOLENCE CASES, EXCEPT THAT NO SUCH TEAM SHALL CONDUCT A REVIEW OF
THE DEATH OF A CHILD FOR THOSE CASES IN WHICH THE OFFICE OF CHILDREN AND
FAMILY SERVICES IS REQUIRED TO ISSUE A FATALITY REPORT IN ACCORDANCE
WITH SUBDIVISION FIVE OF SECTION TWENTY OF THE SOCIAL SERVICES LAW.
(B) AT LEAST ONE REPRESENTATIVE OF THE RELEVANT COUNTY, CITY OR LOCAL
GOVERNMENTAL ENTITY SHALL CHAIR A DOMESTIC VIOLENCE FATALITY REVIEW TEAM
ESTABLISHED PURSUANT TO THIS SUBDIVISION.
(C) MEMBERS OF A DOMESTIC VIOLENCE FATALITY REVIEW TEAM SHALL BE
APPOINTED BY THE CHAIR AND SHALL INCLUDE, BUT NOT BE LIMITED TO, AT
LEAST ONE REPRESENTATIVE FROM LAW ENFORCEMENT OR THE DISTRICT ATTORNEY'S
OFFICE, AT LEAST ONE REPRESENTATIVE FROM A LOCAL DEPARTMENT OF SOCIAL
SERVICES AND AT LEAST ONE REPRESENTATIVE OF A DOMESTIC VIOLENCE SERVICES
PROGRAM OR ADVOCACY GROUP. A DOMESTIC VIOLENCE FATALITY REVIEW TEAM MAY
ALSO INCLUDE REPRESENTATIVES FROM SEXUAL ASSAULT SERVICES PROGRAMS,
PUBLIC HEALTH AGENCIES, HOSPITALS, LOCAL DIVISIONS OF PROBATION, LOCAL
OFFICES OF THE DIVISION OF PAROLE, THE OFFICE OF THE MEDICAL EXAMINER OR
CORONER, ANY LOCAL DOMESTIC VIOLENCE TASK FORCE, COORDINATING COUNCIL OR
OTHER INTERAGENCY ENTITY THAT MEETS REGULARLY TO SUPPORT A COORDINATED
COMMUNITY RESPONSE TO DOMESTIC VIOLENCE, AND ANY OTHER PERSON NECESSARY
TO THE WORK OF THE COUNTY, CITY OR LOCAL GOVERNMENTAL TEAM, INCLUDING
SURVIVORS OF DOMESTIC VIOLENCE.
(D) DOMESTIC VIOLENCE FATALITY REVIEW TEAMS SHALL REGISTER CONTACT
INFORMATION FOR ALL MEMBERS OF THE TEAM WITH THE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE.
(E) UPON THE REQUEST OF ANY DOMESTIC VIOLENCE FATALITY REVIEW TEAM,
THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL PROVIDE
SUPPORT, ASSISTANCE AND GUIDANCE, INCLUDING PROVIDING MODEL PROTOCOLS
S. 5031 15
AND GUIDELINES, TO ASSIST IN THE IMPLEMENTATION OF A DOMESTIC VIOLENCE
FATALITY REVIEW.
(F) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND TO THE
EXTENT CONSISTENT WITH FEDERAL LAW, A DOMESTIC VIOLENCE FATALITY REVIEW
TEAM ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL HAVE ACCESS TO THE
FOLLOWING RECORDS WHEN NECESSARY FOR THE INVESTIGATION OF THE INCIDENT:
(I) CLIENT-IDENTIFIABLE RECORDS MAINTAINED BY A LOCAL DEPARTMENT OF
SOCIAL SERVICES EXCEPT FOR CHILD PROTECTIVE SERVICES RECORDS UNDER TITLE
SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW; AND
(II) LAW ENFORCEMENT RECORDS, EXCEPT WHERE THE PROVISION OF SUCH
RECORDS WOULD INTERFERE WITH AN ONGOING LAW ENFORCEMENT INVESTIGATION OR
IDENTIFY A CONFIDENTIAL SOURCE OR ENDANGER THE SAFETY OR WELFARE OF AN
INDIVIDUAL.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL
RECORDS RECEIVED, MEETINGS CONDUCTED, REPORTS AND RECORDS MADE AND MAIN-
TAINED AND ALL BOOKS AND PAPERS OBTAINED BY A DOMESTIC VIOLENCE FATALITY
REVIEW TEAM SHALL BE CONFIDENTIAL, AND SHALL NOT BE OPEN OR MADE AVAIL-
ABLE, EXCEPT BY COURT ORDER OR AS SET FORTH IN PARAGRAPHS (I) AND (J) OF
THIS SUBDIVISION.
(H) DOMESTIC VIOLENCE FATALITY REVIEW TEAMS, MEMBERS OF DOMESTIC
VIOLENCE FATALITY REVIEW TEAMS AND PERSONS WHO PRESENT INFORMATION TO
DOMESTIC VIOLENCE FATALITY REVIEW TEAMS SHALL HAVE IMMUNITY FROM CIVIL
AND CRIMINAL LIABILITY FOR ALL REASONABLE AND GOOD FAITH ACTIONS TAKEN
PURSUANT TO THIS SUBDIVISION, AND SHALL NOT BE QUESTIONED IN ANY CIVIL
OR CRIMINAL PROCEEDING REGARDING ANY OPINIONS FORMED AS A RESULT OF A
MEETING OF SUCH REVIEW TEAMS. NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO PREVENT A PERSON FROM TESTIFYING AS TO INFORMATION WHICH IS OBTAINED
INDEPENDENTLY OF A DOMESTIC VIOLENCE FATALITY REVIEW TEAM, OR INFORMA-
TION WHICH IS PUBLIC.
(I) CONSISTENT WITH ALL FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS,
THE FATALITY REVIEW TEAM MAY PROVIDE RECOMMENDATIONS TO ANY INDIVIDUAL
OR ENTITY FOR WHOM RECOMMENDATIONS FOR CORRECTIVE OR OTHER APPROPRIATE
ACTIONS WILL BE MADE.
(J) EACH DOMESTIC VIOLENCE FATALITY REVIEW TEAM SHALL DEVELOP A REPORT
OF THE DEATH OR NEAR DEATH INVESTIGATED. SUCH REPORT SHALL NOT CONTAIN
ANY INDIVIDUALLY IDENTIFIABLE INFORMATION BUT SHALL SPECIFY THE FAMILY
MEMBER OR HOUSEHOLD MEMBER RELATIONSHIP AS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW. EACH SUCH REPORT, ANY
RECOMMENDATIONS ISSUED PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION AND
ANY CORRECTIVE ACTIONS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE
PROVIDED TO THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE UPON
COMPLETION.
(K) WHERE APPROPRIATE, THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE SHALL PROVIDE TWO COPIES OF THE REPORT PREPARED PURSUANT TO
PARAGRAPH (J) OF THIS SUBDIVISION TO THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
(L) THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL PERIOD-
ICALLY SUBMIT A CUMULATIVE REPORT TO THE GOVERNOR AND THE LEGISLATURE
INCORPORATING THE AGGREGATE DATA IN THE DOMESTIC VIOLENCE FATALITY
REVIEW TEAM REPORTS RECEIVED PURSUANT TO THIS SUBDIVISION AND SHALL
INCLUDE A SUMMARY OF THE FINDINGS AND RECOMMENDATIONS MADE BY SUCH
TEAMS. THE CUMULATIVE REPORT MAY THEREAFTER BE MADE AVAILABLE TO THE
PUBLIC WHERE SUCH DISCLOSURE WOULD BE CONSISTENT WITH FEDERAL AND STATE
CONFIDENTIALITY PROTECTIONS.
S 17. This act shall take effect on the ninetieth day after it shall
have become a law.
