S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5652
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GIGLIO,  BARCLAY, BRABENEC, CROUCH, GOODELL,
   HAWLEY, KOLB, LAWRENCE, MIKULIN, B. MILLER, MORINELLO, NORRIS, REILLY,
   SAYEGH, TAGUE -- read once and referred to the Committee  on  Children
   and Families
 
 AN  ACT  to  amend the social services law, in relation to the mandatory
   reporting of incidents of 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. DUTY TO REPORT INCIDENTS OF DOMESTIC VIOLENCE. 1. IN ADDITION
 TO ANY PERSON REQUIRED TO REPORT CERTAIN WOUNDS AND  BURN  INJURIES  AND
 WOUNDS  IN  ACCORDANCE WITH SECTIONS 265.25 AND 265.26 OF THE PENAL LAW,
 ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
 OR MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THIS
 CHAPTER SHALL ALSO BE REQUIRED TO REPORT OR CAUSE A REPORT  TO  BE  MADE
 WHEN HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVIDUAL COMING
 BEFORE  HIM  OR HER IN HIS OR HER PROFESSIONAL OR OFFICIAL CAPACITY IS A
 VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR  HUNDRED  FIFTY-
 NINE-A OF THIS ARTICLE.
   2.  SUCH  REPORT  REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
 MADE WITHIN FORTY-EIGHT HOURS OF DISCOVERY TO THE POLICE AUTHORITIES  OF
 THE CITY, TOWN OR VILLAGE WHERE THE PERSON REPORTING IS LOCATED.
   3.  WHENEVER  SUCH  PERSON IS REQUIRED TO REPORT UNDER THIS SECTION 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 SECTION 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06940-01-9

 A. 5652                             2
 
 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 IS INTENDED TO REQUIRE MORE THAN ONE
 REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGENCY.
   4.  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  COMING  BEFORE HIM OR HER IS A VICTIM OF DOMESTIC VIOLENCE AND THAT
 EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH THIS SECTION.    NO
 SCHOOL,  SCHOOL  OFFICIAL,  CHILD  CARE  PROVIDER, FOSTER CARE PROVIDER,
 RESIDENTIAL  CARE  FACILITY  PROVIDER,  HOSPITAL,  MEDICAL   INSTITUTION
 PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDITIONS,
 INCLUDING  PRIOR  APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF THEIR
 STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS SECTION. AT THE TIME OF
 THE MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR  OFFI-
 CIAL  MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN INVESTIGATION
 MADE PURSUANT TO THIS SECTION.
   5. 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 SUBDI-
 VISION ONE OF THIS SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE  FOR  THE
 COSTS ASSOCIATED WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
   6.  ANY  STATE OR LOCAL GOVERNMENTAL AGENCY OR AUTHORIZED AGENCY WHICH
 ISSUES A LICENSE, CERTIFICATE OR PERMIT TO AN INDIVIDUAL  TO  OPERATE  A
 FAMILY  DAY  CARE  HOME OR GROUP FAMILY DAY CARE HOME SHALL PROVIDE EACH
 PERSON CURRENTLY HOLDING OR  SEEKING  SUCH  A  LICENSE,  CERTIFICATE  OR
 PERMIT  WITH  WRITTEN  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS
 SET OUT IN SUBDIVISION ONE OF THIS SECTION.
   7. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
 REPORT  A  CASE OF SUSPECTED ABUSE OR MALTREATMENT OF A SENIOR WHO WILL-
 FULLY FAILS TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND  SHALL
 BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   § 2. This act shall take effect immediately. Effective immediately the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.