S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7155--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced by Sens. LITTLE, FUNKE -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Social Services --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  social  services  law, in relation to requiring
   certain persons and officials to report cases  of  suspected  domestic
   violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 459-i to read as follows:
   §  459-I.  PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
 DOMESTIC VIOLENCE. 1. (A) PERSONS AND OFFICIALS  IN  CITIES,  TOWNS  AND
 VILLAGES  (I)  WITH A POPULATION LESS THAN ONE MILLION; AND (II) LOCATED
 IN A COUNTY WHICH HAS DECLARED AN AGENCY OTHER  THAN  A  LAW-ENFORCEMENT
 AGENCY AS ITS PRIMARY DOMESTIC VIOLENCE AGENCY ARE REQUIRED TO REPORT OR
 CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH THIS ARTICLE WHEN THEY HAVE
 REASONABLE  CAUSE  TO  SUSPECT  THAT AN INDIVIDUAL COMING BEFORE THEM IN
 THEIR PROFESSIONAL OR  OFFICIAL  CAPACITY  IS  THE  VICTIM  OF  DOMESTIC
 VIOLENCE. SUCH PERSONS SHALL INCLUDE, BUT ARE NOT LIMITED TO: ANY PHYSI-
 CIAN;  REGISTERED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORON-
 ER; DENTIST; DENTAL  HYGIENIST;  OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;
 PODIATRIST;  RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE; NURSE
 PRACTITIONER; SOCIAL  WORKER;  EMERGENCY  MEDICAL  TECHNICIAN;  LICENSED
 CREATIVE   ARTS  THERAPIST;  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST;
 LICENSED  MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED
 BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT; HOSPITAL PERSON-
 NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
 A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL, WHICH INCLUDES BUT IS
 NOT  LIMITED  TO  SCHOOL  TEACHER,  SCHOOL  GUIDANCE  COUNSELOR,  SCHOOL
 PSYCHOLOGIST, SCHOOL SOCIAL WORKER, SCHOOL NURSE,  SCHOOL  ADMINISTRATOR
 OR  OTHER SCHOOL PERSONNEL REQUIRED TO HOLD A TEACHING OR ADMINISTRATIVE
 LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPENSATED  SCHOOL  EMPLOYEE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13691-07-8

 S. 7155--A                          2

 REQUIRED  TO  HOLD A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING
 CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A PUBLICLY-FUNDED EMER-
 GENCY SHELTER FOR FAMILIES WITH CHILDREN; DIRECTOR OF A CHILDREN'S OVER-
 NIGHT  CAMP, SUMMER DAY CAMP OR TRAVELING SUMMER DAY CAMP, AS SUCH CAMPS
 ARE DEFINED IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THE PUBLIC  HEALTH
 LAW;  DAY  CARE CENTER WORKER; SCHOOL-AGE CHILD CARE WORKER; PROVIDER OF
 FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN A  RESIDENTIAL
 CARE  FACILITY  FOR  CHILDREN THAT IS LICENSED, CERTIFIED OR OPERATED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR ANY OTHER CHILD  CARE  OR
 FOSTER  CARE WORKER; MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSE-
 LOR; ALCOHOLISM COUNSELOR; ALL PERSONS CREDENTIALED  BY  THE  OFFICE  OF
 ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES; PEACE OFFICER; POLICE OFFICER;
 DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR  EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
   (B)  WHENEVER  SUCH PERSON IS REQUIRED TO REPORT UNDER THIS ARTICLE IN
 HIS OR HER CAPACITY AS A MEMBER OF THE  STAFF  OF  A  MEDICAL  OR  OTHER
 PUBLIC  OR  PRIVATE  INSTITUTION,  SCHOOL, FACILITY OR AGENCY, HE OR SHE
 SHALL MAKE THE REPORT AS REQUIRED BY THIS ARTICLE AND IMMEDIATELY NOTIFY
 THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILITY OR AGENCY, OR
 HIS OR HER DESIGNATED AGENT. SUCH PERSON IN CHARGE,  OR  THE  DESIGNATED
 AGENT  OF  SUCH PERSON, SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINIS-
 TRATION NECESSITATED BY THE REPORT. ANY REPORT SHALL INCLUDE  THE  NAME,
 TITLE  AND CONTACT INFORMATION FOR EVERY STAFF PERSON OF THE INSTITUTION
 WHO IS BELIEVED TO HAVE DIRECT  KNOWLEDGE  OF  THE  ALLEGATIONS  IN  THE
 REPORT.  NOTHING  IN THIS SECTION OR ARTICLE IS INTENDED TO REQUIRE MORE
 THAN ONE REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGENCY.
   (C) A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL, FACILITY
 OR AGENCY SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH  TERM
 IS  DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 FORTY OF THE LABOR  LAW,  AGAINST  AN  EMPLOYEE  BECAUSE  SUCH  EMPLOYEE
 BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
 UAL IS THE VICTIM OF DOMESTIC VIOLENCE AND THAT EMPLOYEE THEREFORE MAKES
 A  REPORT  IN  ACCORDANCE WITH THIS ARTICLE. NO SCHOOL, SCHOOL OFFICIAL,
 CHILD CARE PROVIDER, FOSTER CARE  PROVIDER,  RESIDENTIAL  CARE  FACILITY
 PROVIDER, HOSPITAL, MEDICAL INSTITUTION PROVIDER OR MENTAL HEALTH FACIL-
 ITY  PROVIDER  SHALL  IMPOSE ANY CONDITIONS, INCLUDING PRIOR APPROVAL OR
 PRIOR NOTIFICATION, UPON A MEMBER OF THEIR STAFF  SPECIFICALLY  REQUIRED
 TO REPORT UNDER THIS ARTICLE.
   (D)  SOCIAL  SERVICES WORKERS ARE REQUIRED TO REPORT OR CAUSE A REPORT
 TO BE MADE IN ACCORDANCE WITH THIS ARTICLE  WHEN  THEY  HAVE  REASONABLE
 CAUSE  TO  SUSPECT THAT AN INDIVIDUAL IS THE VICTIM OF DOMESTIC VIOLENCE
 WHERE A PERSON COMES BEFORE  THEM  IN  THEIR  PROFESSIONAL  OR  OFFICIAL
 CAPACITY AND STATES FROM PERSONAL KNOWLEDGE FACTS, CONDITIONS OR CIRCUM-
 STANCES  WHICH,  IF  CORRECT,  WOULD  RENDER  THE INDIVIDUAL A VICTIM OF
 DOMESTIC VIOLENCE.
   2. ANY PERSON, INSTITUTION, SCHOOL,  FACILITY,  AGENCY,  ORGANIZATION,
 PARTNERSHIP  OR  CORPORATION  WHICH  EMPLOYS  PERSONS MANDATED TO REPORT
 SUSPECTED INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE  OF
 THIS SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRIT-
 TEN  INFORMATION  EXPLAINING  THE REPORTING REQUIREMENTS SET OUT IN SUCH
 SUBDIVISION. SUCH WRITTEN INFORMATION SHALL BE PREPARED BY THE  ADVISORY
 COUNCIL OF THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND SHALL
 BE  MADE AVAILABLE ON THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE
 WEBSITE.  THE EMPLOYERS SHALL BE RESPONSIBLE FOR  THE  COSTS  ASSOCIATED
 WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.

 S. 7155--A                          3
 
   3.  THE  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL CREATE A
 FORM FOR THE REPORTING OF SUSPECTED DOMESTIC VIOLENCE CASES REQUIRED  BY
 SUBDIVISION ONE OF THIS SECTION. SUCH FORM SHALL BE PROVIDED BY A PERSON
 REQUIRED  TO  REPORT  SUSPECTED DOMESTIC VIOLENCE CASES TO THE SUSPECTED
 VICTIM  OF  DOMESTIC VIOLENCE, AND SHALL BE MADE AVAILABLE ON THE OFFICE
 FOR THE  PREVENTION  OF  DOMESTIC  VIOLENCE  WEBSITE.  SUCH  FORM  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF THE CIRCUMSTANCES LEAD-
 ING  TO THE SUSPECTED CASE OF DOMESTIC VIOLENCE, THE ALLEGED PERPETRATOR
 OF DOMESTIC VIOLENCE, THE DATE OF THE SUSPECTED INCIDENT AND THE  OPTION
 FOR  THE  VICTIM  TO  REQUEST A POLICE REPORT OF SUCH INCIDENT BE FILED.
 SUCH FORM SHALL BE SUBMITTED BY THE PERSON REQUIRED TO REPORT  SUSPECTED
 DOMESTIC  VIOLENCE CASES TO THE COUNTY PRIMARY DOMESTIC VIOLENCE AGENCY.
 SUCH PRIMARY DOMESTIC VIOLENCE AGENCY SHALL KEEP ALL SUCH FORMS ON FILE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.