NY State Senate Bill 2019-S6723

Senate Bill S6723

2019-2020 Legislative Session

Relates to a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Sep 16, 2019	referred to rules

2019-S6723 (ACTIVE) - Details

See Assembly Version of this Bill:: A10577
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A3071
2023-2024: A7867

2019-S6723 (ACTIVE) - Summary

Relates to a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence; requires law enforcement and judicial employees to participate in such training; makes related provisions.

2019-S6723 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6723

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the executive law, in relation to a
training course and curriculum on the handling, investigation and
response procedures concerning reports of domestic violence

 
PURPOSE:

To establish a training course and curriculum on the handling, investi-
gation and response procedures concerning reports of domestic violence
for judges, judicial personnel and law enforcement officers

 
SUMMARY OF PROVISIONS:

Section 1: The division of criminal justice services shall develop and
approve a training course and curriculum on the handling, investigation
and response procedures concerning reports of domestic violence and the
Attorney General shall responsible for ensuring that all law enforcement
officers attend initial training within ninety days of appointment or
transfer and annual in-service training of at least four hours as

described in this section.

           The chief administrator of the courts shall develop and
approve a training course and a curriculum on the handling, investi-
gation and response procedures concerning allegations of domestic
violence AND shall be responsible for ensuring that all judges and judi-
cial personnel attend initial training within ninety days of appointment
or transfer and annual in-service training as described in this section.

Section 2: Effective Date.

 
JUSTIFICATION:

Domestic violence is a very serious problem AND a crime. Domestic
violence is responsible for more injuries to women than any other
reason, exceeding injuries due to rape, mugging, and traffic accidents
combined. In some cases, domestic violence escalates to homicide and
suicide.

Law enforcement officers are charged with the duty of enforcing the laws
and have an opportunity to stop the escalation of violence in the home.
By enforcing the domestic violence laws, the officer provides the most
effective deterrent to future abuse. Domestic violence is a learned
behavior. About 85% of all abusive partners were battered as children or
witnessed assaults on their mothers. Children also are victims of a buse
in half of the families in which the mother is abused.

In addition, judges and judicial employees should also be aware of the
special nature of domestic violence cases before them and the most
competent methods of dealing with victims of domestic violence.  These
training curricula are will help law enforcement, judges and judicial
employees best navigate and adjudicate domestic violence incidents.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S6723 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6723
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 16, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to a training course  and
   curriculum  on  the  handling,  investigation  and response procedures
   concerning reports of domestic violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 22 to read as follows:
   22.  (A)  (I) THE DIVISION SHALL DEVELOP AND APPROVE A TRAINING COURSE
 AND CURRICULUM ON THE HANDLING, INVESTIGATION  AND  RESPONSE  PROCEDURES
 CONCERNING  REPORTS  OF  DOMESTIC  VIOLENCE.  THIS  TRAINING  COURSE AND
 CURRICULUM SHALL BE REVIEWED AT LEAST EVERY TWO YEARS  AND  MODIFIED  BY
 THE  DIVISION  FROM TIME TO TIME AS NEED MAY REQUIRE. THE DIVISION SHALL
 DISTRIBUTE THE CURRICULUM TO ALL LOCAL POLICE AGENCIES.
   (II) THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR ENSURING  THAT  ALL
 LAW  ENFORCEMENT  OFFICERS ATTEND INITIAL TRAINING WITHIN NINETY DAYS OF
 APPOINTMENT OR TRANSFER AND ANNUAL INSERVICE TRAINING OF AT  LEAST  FOUR
 HOURS AS DESCRIBED IN THIS SECTION.
   (B)  (I)  THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS SHALL DEVELOP AND
 APPROVE A TRAINING COURSE AND A CURRICULUM  ON  THE  HANDLING,  INVESTI-
 GATION  AND  RESPONSE  PROCEDURES  CONCERNING  ALLEGATIONS  OF  DOMESTIC
 VIOLENCE. THIS TRAINING COURSE SHALL BE  REVIEWED  AT  LEAST  EVERY  TWO
 YEARS  AND  MODIFIED  BY  THE  CHIEF JUDGE FROM TIME TO TIME AS NEED MAY
 REQUIRE.
   (II) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  BE  RESPONSIBLE  FOR
 ENSURING  THAT ALL JUDGES AND JUDICIAL PERSONNEL ATTEND INITIAL TRAINING
 WITHIN NINETY DAYS OF  APPOINTMENT  OR  TRANSFER  AND  ANNUAL  INSERVICE
 TRAINING AS DESCRIBED IN THIS SECTION.
   (III)  THE  DIVISION  AND  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL
 PROVIDE THAT ALL TRAINING ON THE HANDLING OF DOMESTIC  VIOLENCE  MATTERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13810-02-9

 S. 6723                             2
 
 SHALL  INCLUDE INFORMATION CONCERNING THE IMPACT OF DOMESTIC VIOLENCE ON
 SOCIETY, THE DYNAMICS OF DOMESTIC VIOLENCE, THE STATUTORY AND  CASE  LAW
 CONCERNING  DOMESTIC  VIOLENCE,  THE  NECESSARY ELEMENTS OF A PROTECTION
 ORDER, POLICIES AND PROCEDURES AS PROMULGATED OR ORDERED BY THE ATTORNEY
 GENERAL  OR  THE  COURT  OF  APPEALS, AND THE USE OF AVAILABLE COMMUNITY
 RESOURCES, SUPPORT SERVICES, AVAILABLE SANCTIONS AND TREATMENT  OPTIONS.
 LAW  ENFORCEMENT  AGENCIES SHALL: (1) ESTABLISH DOMESTIC CRISIS TEAMS OR
 PARTICIPATE IN ESTABLISHED DOMESTIC CRISIS TEAMS, AND  (2)  SHALL  TRAIN
 INDIVIDUAL  OFFICERS  IN METHODS OF DEALING WITH DOMESTIC VIOLENCE.  THE
 TEAMS MAY INCLUDE SOCIAL WORKERS, CLERGY OR  OTHER  PERSONS  TRAINED  IN
 COUNSELING,   CRISIS  INTERVENTION  OR  IN  THE  TREATMENT  OF  DOMESTIC
 VIOLENCE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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