Senate Bill S8977

Signed By Governor
2017-2018 Legislative Session

Provides for the establishment of a sexual assault victim bill of rights by the department of health, in consultation with the division of criminal justice services and department of law

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8401 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8977 (ACTIVE) - Details

See Assembly Version of this Bill:
A8401
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L; amd §838-a, add §838-b, Exec L

2017-S8977 (ACTIVE) - Summary

Provides for the establishment of a sexual assault victim bill of rights by the department of health, in consultation with the division of criminal justice services and the office of victim services; establishes a victim's right to notice.

2017-S8977 (ACTIVE) - Sponsor Memo

2017-S8977 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8977
 
                             I N  S E N A T E
 
                               June 8, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the executive law, in relation
   to establishing a sexual assault victim bill of rights; and  to  amend
   the  executive  law,  in  relation  to  maintenance  of sexual assault
   evidence, establishing a victim's right to notice prior to destruction

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 2805-i of the public health law is
 renumbered  subdivision  7  and  a new subdivision 6 is added to read as
 follows:
   6. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DIVISION  OF  CRIMINAL
 JUSTICE SERVICES, THE OFFICE OF VICTIM SERVICES, HOSPITALS, OTHER HEALTH
 CARE PROVIDERS AND VICTIM ADVOCACY ORGANIZATIONS, SHALL PUBLISH A SEXUAL
 ASSAULT  VICTIM  BILL OF RIGHTS FOR PURPOSES OF INFORMING SEXUAL OFFENSE
 VICTIMS OF THEIR RIGHTS UNDER STATE LAW. SUCH BILL OF  RIGHTS  SHALL  BE
 PROMINENTLY  PUBLISHED  ON THE DEPARTMENT'S WEBSITE, IN AT LEAST THE TEN
 MOST COMMON LANGUAGES SPOKEN IN THIS STATE, AND DISTRIBUTED TO HOSPITALS
 AS A DOCUMENT WHICH SHALL BE PROVIDED TO EVERY PRESENTING SEXUAL OFFENSE
 VICTIM. THE DEPARTMENT MAY UPDATE THE BILL OF  RIGHTS  AS  NECESSARY  TO
 REFLECT  CHANGES  IN STATE LAW AND MORE ACCURATELY EXPLAIN THE LAW. SUCH
 BILL OF RIGHTS SHALL BE IN  PLAIN,  EASY  TO  UNDERSTAND  LANGUAGE,  AND
 INCLUDE THE RIGHT OF THE VICTIM TO:
   (1) CONSULT WITH A LOCAL RAPE CRISIS OR LOCAL VICTIM ASSISTANCE ORGAN-
 IZATION,  TO  HAVE  A  REPRESENTATIVE OF SUCH ORGANIZATION ACCOMPANY THE
 VICTIM THROUGH THE SEXUAL OFFENSE  EXAMINATION,  AND  TO  HAVE  SUCH  AN
 ORGANIZATION  BE SUMMONED BY THE MEDICAL FACILITY, POLICE AGENCY, PROSE-
 CUTORIAL AGENCY OR OTHER LAW ENFORCEMENT AGENCY BEFORE THE  COMMENCEMENT
 OF THE PHYSICAL EXAMINATION OR INTERVIEW, PURSUANT TO THIS SECTION;
   (2) BE OFFERED AND HAVE MADE AVAILABLE AT NO COST APPROPRIATE POST-EX-
 POSURE  TREATMENT  THERAPIES,  INCLUDING A SEVEN DAY STARTER PACK OF HIV
 POST-EXPOSURE PROPHYLAXIS IN ACCORDANCE WITH PARAGRAPH (C)  OF  SUBDIVI-
 SION ONE OF THIS SECTION AND SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED
 THIRTY-ONE OF THE EXECUTIVE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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