S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3150--A
     Cal. No. 238
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. COMRIE, PARKER, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation -- recommitted to the Committee on Transportation in accord-
   ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend the executive law, in relation to policies and proce-
   dures regarding death notifications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 840 of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN  COLLABORATION WITH THE
 OFFICE OF VICTIM SERVICES, A MODEL LAW  ENFORCEMENT  DEATH  NOTIFICATION
 POLICY  SETTING  FORTH  RECOMMENDED  POLICIES  AND  PROCEDURES REGARDING
 IN-PERSON DEATH NOTIFICATIONS TO A DECEASED INDIVIDUAL'S  NEXT  OF  KIN.
 SUCH  POLICIES  AND  PROCEDURES  SHALL MAKE PROVISIONS FOR EDUCATION AND
 TRAINING OF CURRENT AND NEW POLICE OFFICERS IN  THE  PLANNING,  PREPARA-
 TION,  AND  DELIVERY OF IN-PERSON DEATH NOTIFICATIONS, INCLUDING BUT NOT
 LIMITED TO, POLICIES AND PROCEDURES FOR:
   (I) THE IDENTIFICATION OF THE DECEASED INDIVIDUAL, THE  COLLECTION  OF
 ACCURATE  INFORMATION  REGARDING  THE DECEASED INDIVIDUAL, AND THE IDEN-
 TIFICATION OF THE DECEASED INDIVIDUAL'S NEXT OF KIN; AND
   (II) THE ACTUAL DELIVERY  OF  IN-PERSON  DEATH  NOTIFICATIONS  TO  THE
 DECEASED'S  NEXT OF KIN WITHIN TWENTY-FOUR HOURS FOLLOWING THE IDENTIFI-
 CATION OF SUCH INDIVIDUAL; PROVIDED, HOWEVER, SUCH POLICIES  AND  PROCE-
 DURES SHALL PROVIDE THAT, IN THE EVENT THAT AN IN-PERSON DEATH NOTIFICA-
 TION  CANNOT BE PROVIDED TO THE DECEASED INDIVIDUAL'S NEXT OF KIN WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07720-03-2
 S. 3150--A                          2
 
 SUCH TIMEFRAME, THE FAILURE OR DELAY OF SUCH NOTIFICATION SHALL BE DOCU-
 MENTED AND SUCH NOTIFICATION SHALL INSTEAD BE MADE AS SOON AS  PRACTICA-
 BLE.
   (B)  RECOMMEND  TO  THE GOVERNOR RULES AND REGULATIONS WITH RESPECT TO
 THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   (C)  DISSEMINATE  THE  MODEL LAW ENFORCEMENT DEATH NOTIFICATION POLICY
 PROMULGATED IN ACCORDANCE WITH THIS SUBDIVISION TO  ALL  POLICE  DEPART-
 MENTS IN THIS STATE AND DEVELOP A MODEL TRAINING PROGRAM FOR ALL CURRENT
 AND  NEW  POLICE  OFFICERS  REGARDING THE POLICIES AND PROCEDURES ESTAB-
 LISHED PURSUANT TO SUCH SUBDIVISION.
   § 2. The executive law is amended by adding a  new  section  214-h  to
 read as follows:
   §  214-H.  MODEL LAW ENFORCEMENT DEATH NOTIFICATION POLICY. THE SUPER-
 INTENDENT, IN COLLABORATION WITH THE OFFICE OF VICTIM  SERVICES,  SHALL,
 FOR ALL MEMBERS OF THE DIVISION OF STATE POLICE:
   1.  DEVELOP,  MAINTAIN  AND  DISSEMINATE A MODEL LAW ENFORCEMENT DEATH
 NOTIFICATION POLICY SETTING FORTH RECOMMENDED  POLICIES  AND  PROCEDURES
 REGARDING  IN-PERSON DEATH NOTIFICATIONS TO A DECEASED INDIVIDUAL'S NEXT
 OF KIN. SUCH POLICIES AND PROCEDURES SHALL MAKE PROVISIONS FOR EDUCATION
 AND TRAINING OF CURRENT AND NEW POLICE OFFICERS IN THE PLANNING,  PREPA-
 RATION, AND DELIVERY OF IN-PERSON DEATH NOTIFICATIONS, INCLUDING BUT NOT
 LIMITED TO, POLICIES AND PROCEDURES FOR:
   (A)  THE  IDENTIFICATION OF THE DECEASED INDIVIDUAL, THE COLLECTION OF
 ACCURATE INFORMATION REGARDING THE DECEASED INDIVIDUAL,  AND  THE  IDEN-
 TIFICATION OF THE DECEASED INDIVIDUAL'S NEXT OF KIN; AND
   (B)  THE  ACTUAL  DELIVERY  OF  IN-PERSON  DEATH  NOTIFICATIONS TO THE
 DECEASED INDIVIDUAL'S NEXT OF KIN WITHIN TWENTY-FOUR HOURS FOLLOWING THE
 IDENTIFICATION OF SUCH INDIVIDUAL; PROVIDED, HOWEVER, SUCH POLICIES  AND
 PROCEDURES  SHALL  PROVIDE  THAT,  IN  THE EVENT THAT AN IN-PERSON DEATH
 NOTIFICATION CANNOT BE PROVIDED TO THE DECEASED INDIVIDUAL'S NEXT OF KIN
 WITHIN SUCH TIMEFRAME, THE FAILURE OR DELAY OF SUCH  NOTIFICATION  SHALL
 BE  DOCUMENTED  AND  SUCH  NOTIFICATION SHALL INSTEAD BE MADE AS SOON AS
 PRACTICABLE.
   2. RECOMMEND TO THE GOVERNOR RULES AND REGULATIONS WITH RESPECT TO THE
 ESTABLISHMENT AND IMPLEMENTATION ON  AN  ONGOING  BASIS  OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION, ALONG  WITH  RECOM-
 MENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   3.  DISSEMINATE  THE  MODEL  LAW ENFORCEMENT DEATH NOTIFICATION POLICY
 PROMULGATED IN ACCORDANCE WITH THIS SECTION TO ALL MEMBERS OF THE  STATE
 POLICE  AND  DEVELOP  A  MODEL  TRAINING PROGRAM FOR ALL CURRENT AND NEW
 POLICE OFFICERS REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSU-
 ANT TO SUCH SECTION.
   § 3. 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.