S T A T E O F N E W Y O R K
________________________________________________________________________
8042
I N S E N A T E
March 12, 2020
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to advising human
trafficking victims of the availability of social and legal services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 483-cc of the social services law is amended by
adding a new subdivision (c) to read as follows:
(C) PROMPTLY UPON AN ENCOUNTER WITH A PERSON WHO REASONABLY APPEARS TO
A LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE TO BE A HUMAN
TRAFFICKING VICTIM, OR A PERSON WHO IDENTIFIES HIMSELF OR HERSELF AS A
HUMAN TRAFFICKING VICTIM, SUCH LAW ENFORCEMENT AGENCY OR DISTRICT ATTOR-
NEY'S OFFICE SHALL ADVISE SUCH PERSON OF THE AVAILABILITY OF THE
SERVICES OF SPECIFIC, ESTABLISHED PROVIDERS OF SOCIAL AND LEGAL SERVICES
TO HUMAN TRAFFICKING VICTIMS. EACH LOCAL DEPARTMENT OF SOCIAL SERVICES
SHALL MAINTAIN AND SHALL UPDATE, AT LEAST ONCE ANNUALLY, A LIST OF
ESTABLISHED PROVIDERS OF SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING
VICTIMS WITHIN THE SOCIAL SERVICES DISTRICT, WHICH SHALL BE PROVIDED, AT
LEAST ONCE ANNUALLY, TO LAW ENFORCEMENT AGENCIES AND DISTRICT ATTORNEY'S
OFFICES WITHIN THE DISTRICT. IN ORDER TO COMMUNICATE EFFECTIVELY WITH
SUCH PERSON, THE LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE
MAY PROVIDE SUCH INDIVIDUAL WITH A BROCHURE OR OTHER WRITTEN MATERIAL
TRANSLATED INTO THE SIX MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY
INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN THE STATE OR IN THE
APPLICABLE COUNTY, CITY, OR TOWN; PROVIDED, HOWEVER, WHERE SUCH PERSON
IS NOT PROFICIENT IN ONE OF SUCH LANGUAGES, THE LAW ENFORCEMENT AGENCY
OR DISTRICT ATTORNEY'S OFFICE SHALL MAKE REASONABLE EFFORTS TO COMMUNI-
CATE EFFECTIVELY WITH SUCH PERSON, USING AN INTERPRETER OR INTERPRETA-
TION SERVICES, WHERE PRACTICABLE. UNLESS, AFTER RECEIVING SUCH ADVICE,
THE APPARENT VICTIM EXPRESSES THAT HE OR SHE DOES NOT WISH THE PRESENCE
OF A REPRESENTATIVE OF SUCH AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL
SERVICES, THE LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE SHALL
CONTACT THE APPROPRIATE PROVIDER AND REQUEST THAT A REPRESENTATIVE BE
PROVIDED. IF THE APPARENT VICTIM DOES NOT WISH THE PRESENCE OF SUCH A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11936-07-0
S. 8042 2
REPRESENTATIVE, THAT EXPRESSION BY THE APPARENT VICTIM SHALL BE DOCU-
MENTED BY THE AGENCY OR OFFICE OFFICIAL IN WRITING OR OTHER RECORDED
FORM. NOTHING IN THIS SUBDIVISION SHALL AFFECT ANY OBLIGATION SUCH LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE MAY HAVE TO PROVIDE ANY
INFORMATION OR ASSISTANCE TO SUCH PERSON.
§ 2. This act shall take effect immediately.