S T A T E O F N E W Y O R K
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4436
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. FARRELL -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to compiling statistics
on court witnesses that have been threatened, attacked or killed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-s
to read as follows:
S 837-S. REPORT OF THREATS AND ATTACKS AGAINST WITNESSES IN COURT
PROCEEDINGS. 1. ON OR BEFORE JANUARY FIFTEENTH OF EACH YEAR, EVERY CHIEF
OF A POLICE DEPARTMENT, EVERY COUNTY SHERIFF AND THE SUPERINTENDENT OF
STATE POLICE SHALL SUBMIT A REPORT TO THE DIVISION OF EVERY THREAT,
ATTACK OR DEATH OF A WITNESS IN A COURT PROCEEDING INVESTIGATED BY HIS
OR HER LAW ENFORCEMENT AGENCY DURING THE PREVIOUS CALENDAR YEAR. EACH
SUCH REPORT SHALL INCLUDE SUCH INFORMATION AS THE DIVISION SHALL REQUIRE
INCLUDING, BUT NOT LIMITED TO, WHETHER THE THREAT, ATTACK OR DEATH WAS
COMMITTED BY A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING THE
WITNESS TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN OR BY A PERSON ASSOCI-
ATED WITH A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING THE WITNESS
TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN, AND THE COUNTY AND CITY WHERE
THE THREAT, ATTACK OR DEATH OCCURRED.
2. ON OR BEFORE MARCH FIRST EACH YEAR, THE DIVISION SHALL COMPILE INTO
A SINGLE STATEWIDE REPORT ALL THE REPORTS RECEIVED FOR THE PREVIOUS
CALENDAR YEAR, PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH REPORT
SHALL BE SUBMITTED TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY. THE REPORT REQUIRED BY THIS SUBDIVISION
SHALL INCLUDE THE NUMBER OF THREATS, ATTACKS AND DEATHS COMMITTED
AGAINST WITNESSES IN COURT PROCEEDINGS STATEWIDE AND IN EACH CITY AND
COUNTY, AS WELL AS WHETHER OR NOT THE THREAT, ATTACK OR DEATH WAS
COMMITTED BY A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING THE
WITNESS TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN OR BY A PERSON ASSOCI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01985-01-9
A. 4436 2
ATED WITH A PERSON WHO WAS A PARTY TO THE COURT PROCEEDING THE WITNESS
TESTIFIED IN, OR WAS TO HAVE TESTIFIED IN.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided that any procedures, rules and/or
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or before
such date.