S T A T E O F N E W Y O R K
________________________________________________________________________
7022
I N S E N A T E
April 16, 2014
___________
Introduced by Sen. NOZZOLIO -- (at request of the Office for Prevention
of Domestic Violence) -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the executive law, the social services law and the crim-
inal procedure law, in relation to the New York state domestic
violence fatality review team access to sealed records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 10 of section 575 of the exec-
utive law, as added by section 3 of part A of chapter 491 of the laws of
2012, is amended to read as follows:
(h) To the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
(i) records maintained by a local social services district, INCLUDING
BUT NOT LIMITED TO, RECORDS WHICH ARE AUTHORIZED TO BE DISCLOSED PURSU-
ANT TO SUBPARAGRAPH (BB) OF PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION
FOUR HUNDRED TWENTY-TWO, SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVI-
SION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO AND SUBPARAGRAPH (VIII) OF
PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-SEVEN-A
OF THE SOCIAL SERVICES LAW;
(ii) law enforcement records, INCLUDING RECORDS SEALED PURSUANT TO
SECTIONS 160.50, 160.55 AND 160.58 OF THE CRIMINAL PROCEDURE LAW, except
where the provision of [such] LAW ENFORCEMENT records would interfere
with an ongoing law enforcement investigation or identify a confidential
source or endanger the safety or welfare of an individual;
(iii) court records;
(iv) probation and parole records;
(v) records from domestic violence residential or non-residential
programs;
(vi) records from any relevant service provider, program or organiza-
tion; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13905-01-4
S. 7022 2
(vii) all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall be
required to provide information or records concerning a person charged,
investigated or convicted in such death or near death in violation of
such person's attorney-client privilege.
S 2. Paragraph (i) of subdivision 10 of section 575 of the executive
law, as added by section 3 of part A of chapter 491 of the laws of 2012,
is amended to read as follows:
(i) Any information or records otherwise confidential [and], privi-
leged AND SEALED in accordance with state law which are provided to the
team shall remain confidential, PRIVILEGED AND SEALED as otherwise
provided by law. All records received, meetings conducted, reports and
records made and maintained and all books and papers obtained by the
team shall be confidential and shall not be open or made available,
except by court order or as set forth in paragraphs (k) and (l) of this
subdivision.
S 3. Subparagraphs (z) and (aa) of paragraph (A) of subdivision 4 of
section 422 of the social services law, subparagraph (z) as amended and
subparagraph (aa) as added by chapter 440 of the laws of 2011, are
amended and a new subparagraph (bb) is added to read as follows:
(z) an entity with appropriate legal authority in another state to
license, certify or otherwise approve prospective foster and adoptive
parents where disclosure of information regarding the prospective foster
or adoptive parents and other persons over the age of eighteen residing
in the home of such prospective parents is required by paragraph twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; [and]
(aa) a social services official who is investigating whether an adult
is in need of protective services in accordance with the provisions of
section four hundred seventy-three of this chapter, when such official
has reasonable cause to believe such adult may be in need of protective
services due to the conduct of an individual or individuals who had
access to such adult when such adult was a child and that such reports
and information are needed to further the present investigation[.]; AND
(BB) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
S 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 5 of
section 422 of the social services law, as amended by chapter 555 of the
laws of 2000, are amended and a new subparagraph (vi) is added to read
as follows:
(iv) to the subject of the report; [and]
(v) to a district attorney, an assistant district attorney, an inves-
tigator employed in the office of a district attorney, or to a sworn
officer of the division of state police, of a city, county, town or
village police department or of a county sheriff's office when such
official verifies that the report is necessary to conduct an active
investigation or prosecution of a violation of subdivision three of
section 240.55 of the penal law[.]; AND
(VI) TO THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
S. 7022 3
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
S 5. Subparagraphs (vi) and (vii) of paragraph (d) of subdivision 5 of
section 427-a of the social services law, as amended by chapter 377 of
the laws of 2011, are amended and a new subparagraph (viii) is added to
read as follows:
(vi) a court, but only while the family is receiving services provided
under the family assessment and services track and only pursuant to a
court order or judicial subpoena, issued after notice and an opportunity
for the subject of the report and all parties to the present proceeding
to be heard, based on a judicial finding that such reports, records, and
any information concerning such reports and records, are necessary for
the determination of an issue before the court. Such reports, records
and information to be disclosed pursuant to a judicial subpoena shall be
submitted to the court for inspection and for such directions as may be
necessary to protect confidentiality, including but not limited to
redaction of portions of the reports, records, and information and to
determine any further limits on redisclosure in addition to the limita-
tions provided for in this title. A court shall not have access to the
sealed family assessment and services reports, records, and any informa-
tion concerning such reports and records, after the conclusion of
services provided under the family assessment and services track; [and]
(vii) the subject of the report included in the records of the family
assessment and services track[.]; AND
(VIII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
S 6. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
procedure law, as amended by section 73 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
(d) such records 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 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 department of corrections and
community supervision when the accused is on parole supervision as a
result of conditional release or a 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) any prospective employer of a police officer or peace
officer as those terms are defined in subdivisions thirty-three and
thirty-four of section 1.20 of this chapter, in relation to an applica-
tion for employment as a police officer or peace officer; provided,
however, that every person who is an applicant for the position of
police officer or peace officer shall be furnished with a copy of all
records obtained under this paragraph and afforded an opportunity to
make an explanation thereto, or (vi) the probation department responsi-
ble for supervision of the accused when the arrest which is the subject
S. 7022 4
of the inquiry is one which occurred while the accused was under such
supervision, OR (VII) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS
SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF
THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARA-
GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and
S 7. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by section 74 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
(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
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 department of corrections and community supervision 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 supervision, 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, or (vi) a police agency, probation department, sher-
iff's office, district attorney's office, department of correction of
any municipality and parole department, for law enforcement purposes,
upon arrest in instances in which the individual stands convicted of
harassment in the second degree, as defined in section 240.26 of the
penal law, committed against a member of the same family or household as
the defendant, as defined in subdivision one of section 530.11 of this
chapter, and determined pursuant to subdivision eight-a of section
170.10 of this title, OR (VII) THE FATALITY REVIEW TEAM OF THE NEW YORK
STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE
RECORDS SUCH TEAM IS AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH (H) OF SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE
OF THE EXECUTIVE LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARA-
GRAPHS (I) AND (J) OF SUCH SUBDIVISION; and
S 8. Subdivision 6 of section 160.58 of the criminal procedure law, as
added by section 3 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
6. Records sealed pursuant to this subdivision shall be made available
to:
(a) the defendant or the defendant's designated agent;
(b) qualified agencies, as defined in subdivision nine of section
eight hundred thirty-five of the executive law, and federal and state
law enforcement agencies, when acting within the scope of their law
enforcement duties; or
(c) any state or local officer or agency with responsibility for the
issuance of licenses to possess guns, when the person has made applica-
tion for such a license; or
(d) any prospective employer of a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four of
S. 7022 5
section 1.20 of this chapter, in relation to an application for employ-
ment as a police officer or peace officer; provided, however, that every
person who is an applicant for the position of police officer or peace
officer shall be furnished with a copy of all records obtained under
this paragraph and afforded an opportunity to make an explanation there-
to[.]; OR
(E) THE FATALITY REVIEW TEAM OF THE NEW YORK STATE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE RELATING TO THOSE RECORDS SUCH TEAM IS
AUTHORIZED TO UTILIZE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
LAW, SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF PARAGRAPHS (I) AND (J)
OF SUCH SUBDIVISION.
S 9. This act shall take effect immediately.