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

                                  9251

                          I N  A S S E M B L Y

                              April 3, 2014
                               ___________

Introduced  by  M. of A. DAVILA, LENTOL -- read once and referred to the
  Committee on Codes

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to translations and notification to be made in other than the
  English language in family offense interventions

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

  Section 1. 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. 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, AND THE PROMPT TRANS-
LATION OF SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN  ENGLISH,  IN
ACCORDANCE  WITH  SUBDIVISION  (C)  OF  THIS  SECTION, 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;
  (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,  IN  THEIR NATIVE LANGUAGE, IF IDENTIFIED AS
OTHER THAN ENGLISH, IN ACCORDANCE WITH SUBDIVISION (C) OF THIS  SECTION,

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

                                                           LBD14632-01-4

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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.
  (C)  THE SUPERINTENDENT, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE OFFICE FOR THE PREVENTION OF DOMESTIC  VIOLENCE
SHALL  DETERMINE  THE  LANGUAGES  IN  WHICH SUCH TRANSLATION REQUIRED BY
SUBDIVISION (A) OF THIS SECTION, AND THE NOTIFICATION REQUIRED  PURSUANT
TO  SUBDIVISION  (B)  OF  THIS SECTION, SHALL BE PROVIDED. SUCH DETERMI-
NATION SHALL BE BASED ON THE SIZE OF THE NEW YORK STATE POPULATION  THAT
SPEAKS EACH LANGUAGE AND ANY OTHER RELEVANT FACTOR.  SUCH WRITTEN NOTICE
REQUIRED  PURSUANT  TO  SUBDIVISION  (B)  OF  THIS SECTION SHALL BE MADE
AVAILABLE TO ALL STATE POLICE OFFICERS IN THE STATE.
  S 2. Paragraph (f) of subdivision 3 of section 840  of  the  executive
law,  as  amended  by  section  5 of part Q of chapter 56 of the laws of
2009, is amended to read as follows:
  (f) 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 by new and veteran
police officers in incidents  of  family  offenses.  Such  policies  and
procedures  shall  make  provisions  for  education  and training in the
interpretation and  enforcement  of  New  York's  family  offense  laws,
including but not limited to:
  (1)  intake  and recording of victim statements, AND THE PROMPT TRANS-
LATION OF SUCH STATEMENTS IF MADE IN A LANGUAGE OTHER THAN  ENGLISH,  IN
ACCORDANCE  WITH SUBPARAGRAPH THREE OF THIS PARAGRAPH, on a standardized
"domestic violence incident report form" promulgated by the division  of
criminal  justice  services  in  consultation with the superintendent of
state police, representatives of  local  police  forces  and  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
  (2) 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,  IN  THEIR NATIVE LANGUAGE, IF IDENTIFIED AS
OTHER THAN ENGLISH, IN ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS  PARA-
GRAPH,  including  but  not  limited to immediately providing the victim
with the written notice required 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;
  (3) DETERMINE, IN CONSULTATION WITH THE SUPERINTENDENT OF STATE POLICE
AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, THE LANGUAGES IN
WHICH SUCH TRANSLATION REQUIRED BY SUBPARAGRAPH ONE OF  THIS  PARAGRAPH,
AND  THE  NOTIFICATION  REQUIRED  BY SUBPARAGRAPH TWO OF THIS PARAGRAPH,
SHALL BE PROVIDED. SUCH DETERMINATION SHALL BE BASED ON THE SIZE OF  THE
NEW  YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER RELE-
VANT FACTOR.  SUCH WRITTEN NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH  TWO
OF  THIS  PARAGRAPH SHALL BE MADE AVAILABLE TO ALL LOCAL LAW ENFORCEMENT
AGENCIES THROUGHOUT THE STATE. NOTHING IN THIS PARAGRAPH  SHALL  PREVENT
THE  COUNCIL FROM USING THE DETERMINATIONS MADE BY THE SUPERINTENDENT OF

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STATE POLICE PURSUANT TO SUBDIVISION (C) OF SECTION  TWO  HUNDRED  FOUR-
TEEN-B OF THIS CHAPTER;
  S  3.  The  opening  paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 626 of the laws of 1997, is amended
to read as follows:
  Promulgate, in consultation with the superintendent  of  state  police
and  the  state  office  for the prevention of domestic violence, AND IN
ACCORDANCE WITH PARAGRAPH (F) OF  SUBDIVISION  THREE  OF  SECTION  EIGHT
HUNDRED  FORTY  OF THIS ARTICLE, a standardized "domestic violence inci-
dent report form" for use by state and local law enforcement agencies in
the reporting, recording and investigation of all alleged  incidents  of
domestic  violence,  regardless of whether an arrest is made as a result
of such investigation. Such form shall be prepared  in  multiple  parts,
one  of  which  shall  be  immediately provided to the victim, and shall
include designated spaces for: the recordation of  the  results  of  the
investigation by the law enforcement agency and the basis for any action
taken;  the  recordation of a victim's allegations of domestic violence;
the age and gender of the victim and the alleged offender or  offenders;
and  immediately  thereunder  a  space  on which the victim may sign and
verify such victim's allegations. Such form shall also include, but  not
be limited to spaces to identify:
  S 4. Subdivision 5 of section 140.10 of the criminal procedure law, as
amended  by  section 72 of subpart B of part C of chapter 62 of the laws
of 2011, 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, AND
TRANSLATE, IN ACCORDANCE WITH SECTION TWO HUNDRED  FOURTEEN-B  OR  EIGHT
HUNDRED FORTY OF THE EXECUTIVE LAW, 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 coordination 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 supervision, he or she shall transmit  a
copy  of  the report as soon as practicable to the supervising probation
department or the department of corrections and community supervision.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.