S T A T E O F N E W Y O R K
________________________________________________________________________
2362
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law and the judiciary law, in relation to
requiring certain training for police officers with respect to crimes
involving sexual assault
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 840 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS REQUIRING TRAIN-
ING AND INSTRUCTION FOR ALL POLICE OFFICERS WITH RESPECT TO CRIMES
INVOLVING SEXUAL ASSAULT. SUCH TRAINING AND INSTRUCTION, WHICH SHALL BE
DESIGNED AND PRESENTED IN CONSULTATION WITH RAPE CRISIS CENTERS EXPERI-
ENCED IN ASSISTING VICTIMS IN THIS STATE, SHALL INCLUDE, BUT NOT BE
LIMITED TO UNDERSTANDING RAPE AND SEXUAL ABUSE TRAUMA AND PSYCHOLOGICAL
ISSUES CONFRONTED BY SUCH CRIME VICTIMS, COMMON ATTRIBUTES OF OFFENDERS,
FAIR TREATMENT STANDARDS FOR CRIME VICTIMS PURSUANT TO ARTICLE
TWENTY-THREE OF THIS CHAPTER, EVIDENCE GATHERING AND PRESERVATION
ISSUES, INTERVIEW TECHNIQUES AND INFORMATION CONCERNING THE AVAILABILITY
OF LOCAL SERVICES FOR THE VICTIMS OF SUCH CRIMES. ALL NEW OFFICERS
SHALL RECEIVE SUCH TRAINING AND INSTRUCTION, AS PART OF THE BASIC
CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNICIPAL POLICE ACADEMIES,
AS APPLICABLE. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS AS IT
DEEMS NECESSARY CONCERNING PERIODIC RETRAINING OF POLICE OFFICERS
REGARDING CRIMES INVOLVING SEXUAL ASSAULT.
S 2. The judiciary law is amended by adding a new section 219-c to
read as follows:
S 219-C. CRIMES INVOLVING SEXUAL ASSAULT; JUDICIAL TRAINING. THE
OFFICE OF COURT ADMINISTRATION SHALL PROVIDE TRAINING FOR JUDGES AND
JUSTICES AT THE NEW YORK STATE JUDICIAL INSTITUTE WITH RESPECT TO CRIMES
INVOLVING SEXUAL ASSAULT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04436-01-1
A. 2362 2
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.