A. 3387 2
respond to the problem of domestic AND GENDER-BASED violence. In
fulfilling this responsibility, the office shall consult with experts,
service providers and representative organizations in the field of
domestic AND GENDER-BASED violence and shall act as an advocate for
domestic AND GENDER-BASED violence victims and SURVIVOR-CENTERED
programs.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DOMESTIC VIOLENCE" MEANS A PATTERN OF BEHAVIOR USED BY AN INDI-
VIDUAL TO ESTABLISH AND MAINTAIN POWER AND CONTROL OVER THEIR INTIMATE
PARTNER. SUCH BEHAVIOR INCLUDES ABUSIVE AND COERCIVE TACTICS, THREATS
AND ACTIONS THAT MAY OR MAY NOT RISE TO THE LEVEL OF CRIMINAL BEHAVIOR,
INCLUDING, BUT NOT LIMITED TO, PHYSICAL, EMOTIONAL, FINANCIAL, AND SEXU-
AL ABUSE.
(B) "GENDER-BASED VIOLENCE" MEANS THREATS TO HARM, OR ACTUAL HARMS
COMMITTED AGAINST A PERSON OR PERSONS BASED ON ACTUAL OR PERCEIVED SEX,
GENDER, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION OR OTHER SUCH
SEX/GENDER RELATED CHARACTERISTICS. "GENDER-BASED VIOLENCE" SHALL
INCLUDE, BUT NOT BE LIMITED TO, DOMESTIC VIOLENCE; SEXUAL VIOLENCE;
HUMAN TRAFFICKING; REPRODUCTIVE COERCION AND VIOLENCE; STALKING; AND
CHILD-ABUSE AS CONNECTED TO GENDER-BASED VIOLENCE. "GENDER-BASED
VIOLENCE" SHALL NOT INCLUDE ACTIONS TAKEN BY A PERSON IN SELF-DEFENSE
AGAINST AN ACT OR SERIES OF ACTS OF GENDER-BASED VIOLENCE.
4. Activities. In addition, the office shall develop and implement
policies and programs designed to assist victims of domestic AND
GENDER-BASED violence and their families, and to provide education and
prevention, training and technical assistance. Such domestic AND
GENDER-BASED violence-related activities shall include, but not be
limited to:
(a) Serving as a clearinghouse for information and materials;
(b) Developing and coordinating community outreach and public educa-
tion throughout the state;
(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
(i) domestic AND GENDER-BASED violence;
(ii) health and mental health;
(iii) social and human services;
(iv) public education;
(v) law enforcement and criminal justice;
(vi) alcohol and substance abuse;
(d) Developing and promoting school-based prevention programs;
(e) Providing technical assistance to state and local government
bodies and other agencies and to private BUSINESSES AND not-for-profit
corporations, on effective SURVIVOR-CENTERED policies and responses to
domestic AND GENDER-BASED violence, including development of model
[domestic violence] policies[, pursuant to subdivisions seven, eight and
nine of this section];
(f) Promoting and facilitating interagency cooperation among state
agencies and intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of SURVIVOR-CEN-
TERED services;
(g) Operating, IN COLLABORATION WITH SURVIVORS, STATE COALITIONS, AND
OTHER STAKEHOLDERS, as an advocate for [domestic violence services and]
victims AND FOR SURVIVOR-CENTERED DOMESTIC AND GENDER-BASED VIOLENCE
SERVICES, INCLUDING PERIODIC SOLICITATION OF INPUT FROM SURVIVORS AND
SERVICE PROVIDERS REGARDING SUCCESSES, CHALLENGES, AND NEEDS;
A. 3387 3
(h) Undertaking program and services needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
(i) Examining the relationship between domestic AND GENDER-BASED
violence and other problems and making recommendations for effective
policy response;
(j) Collecting data, conducting research, and holding public hearings;
(k) Making periodic reports to the governor and the legislature recom-
mending policy and program directions and reviewing the activities of
the office;
(l) [Developing] WORKING WITH STAKEHOLDERS IN DEVELOPING and promoting
[senior center based] GENDER-BASED VIOLENCE prevention programs;
(m) [promoting best practices for abusive partner intervention] INVES-
TIGATING, ESTABLISHING AND PROMOTING BEST PRACTICES FOR ACCOUNTABILITY
FOR THOSE WHO HARM THEIR INTIMATE PARTNERS;
(n) Administering grant funds appropriated and made available to
support compliance with article one hundred [twenty-nine-b]
TWENTY-NINE-B of the education law; and undertaking such actions,
duties, and responsibilities as may be necessary to serve the purpose of
article one hundred [twenty-nine-b] TWENTY-NINE-B of the education law;
and
(o) (i) Contracting, within amounts appropriated for such purpose,
with the not-for-profit entity the New York State Coalition Against
Domestic Violence, to develop a training program as described in this
paragraph. Such entity shall be responsible for providing such training
to psychiatrists, psychologists and social workers who are licensed in
the state of New York, so that such individuals may conduct court
ordered forensic evaluations involving child custody and visitation
pursuant to paragraph (a-3) of subdivision one of section two hundred
forty of the domestic relations law; and for reviewing and updating
training topics at least once every two years. Such training shall
include, but not be limited to, a review of: relevant statutes; case law
and psychological definitions of domestic violence; coercive control and
child abuse; the dynamics and effects of domestic AND GENDER-BASED
violence and child abuse, including but not limited to, emotional,
financial, physical, technological and sexual abuse; the barriers and
fears associated with reporting domestic AND GENDER-BASED violence and
child abuse and why victims may not have documented evidence of abuse;
tactics commonly used by one party to induce fear in another party or
child, including verbal, emotional, psychological, and/or economic
abuse, isolating techniques, coercive control, and monitoring of a part-
ner's location and activities; litigation abuse and demands for custody
or joint custody in order to pressure the partner to return or punish
the partner for leaving; trauma, particularly as it relates to sexual
abuse and the risks posed to children and the long-term dangers and
impacts imposed by the presence of adverse childhood experiences; the
increased risk of escalating violence that occurs during child custody
proceedings; and the danger of basing child custody decisions on claims
that a child's deficient or negative relationship with a parent is
caused by the other parent.
(ii) The office, in consultation with the New York State Coalition
Against Domestic Violence, shall determine a reasonable number of train-
ing-hours that shall be required for the first instance such program is
provided to psychiatrists, psychologists and social workers and a
reasonable number of training-hours that shall be required for subse-
quent refresher courses provided to such individuals.
A. 3387 4
(iii) The New York State Coalition Against Domestic Violence shall be
responsible for providing a certification of completion to each psychia-
trist, psychologist or social worker who satisfies the requirements of
such training program, so that such individuals may conduct court
ordered forensic evaluations involving child custody and visitation
pursuant to paragraph (a-3) of subdivision one of section two hundred
forty of the domestic relations law; and
(p) Any other activities including the making of and promulgation of
rules and regulations deemed necessary to facilitate the prevention of
domestic violence within the scope and purview of this article which are
not otherwise inconsistent with any other provisions of law.
[4.] 5. Advisory council. (a) An advisory council is hereby estab-
lished to make recommendations on domestic AND GENDER-BASED violence
related issues and effective strategies [for the prevention of] TO END
domestic AND GENDER-BASED violence, to assist in the development of
appropriate policies and priorities for effective intervention, public
education and advocacy, and to facilitate and assure communication and
coordination of efforts among state agencies and between different
levels of government, state, federal, and municipal, [for the prevention
of] TO END domestic AND GENDER-BASED violence.
(b) The advisory council shall consist of nine members and seventeen
ex-officio members. Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise in the area of domestic AND
GENDER-BASED violence. Three members shall be appointed by the governor,
two members shall be appointed upon the recommendation of the temporary
president of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be appointed
upon the recommendation of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members of the advisory board shall
consist of the director of the office, who shall chair the council, and
the following members or their designees: the commissioner of the office
of temporary and disability assistance; the commissioner of the depart-
ment of health; the commissioner of the education department; the
commissioner of the office of mental health; the commissioner of the
office of addiction services and supports; the commissioner of the divi-
sion of criminal justice services; the superintendent of the division of
state police; the director of the office of probation and correctional
alternatives; the commissioner of the office of children and family
services; the director of the office of victim services; the chief
administrative judge of the office of court administration; the commis-
sioner of the department of labor; the director of the state office for
the aging; the commissioner of the department of corrections and commu-
nity supervision; the commissioner of homes and community renewal; the
chief executive officer of the New York state coalition against domestic
violence; and the executive director of the New York state coalition
against sexual assault.
(c) The advisory council shall meet as often as deemed necessary by
the chair but in no event less than two times per year.
(d) The members of the advisory council shall receive no salary or
other compensation for their services but shall be entitled to
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties within amounts made available by appropriation
A. 3387 5
therefor subject to the approval of the director of the budget. The
ex-officio members of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or divisions that employ
them.
[5.] 6. Executive director. (a) The governor shall appoint an execu-
tive director of the office who shall serve at the pleasure of the
governor.
(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be entitled to reimbursement for reasonable expenses incurred in
connection with the performance of the director's duties.
(c) The director of the office, with the approval of the governor, may
accept as agent of the state any grant, including federal grants, or any
gift or donation for any of the purposes of this article. Any moneys so
received may be expended by the office to effectuate any purpose of this
article, subject to the applicable provisions of the state finance law.
(d) The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
[6.] 7. Assistance of other agencies. The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant to
this article.
[7. Model domestic violence policy for counties. (a) The office shall
convene a task force of county level municipal officials, municipal
police and members of the judiciary, or their representatives, and
directors of domestic violence programs, including representatives from
a statewide advocacy organization for the prevention of domestic
violence, to develop a model domestic violence policy for counties. For
the purposes of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except that
the city of New York shall be deemed to be one county. The office shall
give due consideration to the recommendations of the governor, the
temporary president of the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
(b) The purpose of the model policy shall be to provide consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities or other jurisdictions within the county and other
governmental agencies and departments, by assuring that best practices,
policies, protocols and procedures are used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
(i) response, investigation and arrest policies by police agencies;
(ii) response by other criminal justice agencies, including disposi-
tion of domestic violence complaints, the provision of information and
orders of protection;
(iii) response by human services and health agencies, including iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
(iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
(v) other issues as shall be appropriate and relevant for the task
force to develop such policy.
A. 3387 6
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the avail-
ability of such model domestic violence policy shall be made by the
office to every county in the state, and copies of the policy shall be
made available to them upon request.
(d) The office in consultation with the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the prevention domestic violence,
shall provide technical support, information and encouragement to coun-
ties to implement the provisions of the model policy on domestic
violence.
(e) Nothing contained in this subdivision shall be deemed to prevent
the governing body of a county from designating a local advisory commit-
tee to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the implementation
of the policy required by this subdivision. Such governing body or advi-
sory committee may request and shall receive technical assistance from
the office for the development of such a policy. Implementation of the
model domestic violence policy may take place in a form considered
appropriate by the governing body of a county, including guidelines,
regulations and local laws.
(f) The office shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such steps
as shall be necessary to aid county governments in the implementation of
such policy.]
8. State domestic violence policy. [(a) The office shall survey every
state agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that have a direct or indirect
bearing on the state's efforts and abilities to address the issue of
domestic violence including, but not limited to, the provision of
services to victims and their families. Within two years of the effec-
tive date of this subdivision, the office shall compile such information
and provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this subdivision,
"state agency" shall have the same meaning as such term is defined in
section two-a of the state finance law.
(b) Within three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
A. 3387 7
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
(c)] No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or other procedure,
including a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic AND GENDER-BASED violence,
or the provision of services by residential or non-residential domestic
violence programs, as such terms are defined in section four hundred
fifty-nine-a of the social services law, or establish a grant program
directly or indirectly affecting such victims of domestic OR GENDER-
BASED violence or providers of service, without first consulting the
office, which shall provide all comments in response to such rules,
guidelines or procedures in writing directly to the chief executive
officer of such agency, to the administrative regulations review commit-
tee and to the appropriate committees of the legislature having juris-
diction of the subject matter addressed within two weeks of receipt
thereof, provided that failure of the office to respond as required
herein shall not otherwise impair the ability of such state agency to
promulgate a rule. This paragraph shall not apply to an appropriation
which finances a contract with a not-for-profit organization which has
been identified for a state agency without the use of a request for
proposals.
9. [Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the busi-
ness community, employees, employee organizations, representatives from
the department of labor and the empire state development corporation,
and directors of domestic violence programs, including representatives
of statewide advocacy organizations for the prevention of domestic
violence, to develop a model domestic violence employee awareness and
assistance policy for businesses.
The office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies, proto-
cols and procedures in order that they ascertain domestic violence
awareness in the workplace, assist affected employees, and provide a
safe and helpful working environment for employees currently or poten-
tially experiencing the effects of domestic violence. The model plan
shall include but not be limited to:
(i) the establishment of a definite corporate policy statement recog-
nizing domestic violence as a workplace issue as well as promoting the
need to maintain job security for those employees currently involved in
domestic violence disputes;
(ii) policy and service publication requirements, including posting
said policies and service availability pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
(iii) a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and case manage-
ment programs, legal assistance and advocacy opportunities for affected
employees;
(iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and other affirmative safe-
guards;
A. 3387 8
(v) training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
(vi) other issues as shall be appropriate and relevant for the task
force in developing such model policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than one year
after the effective date of this subdivision. The office shall make
every effort to notify businesses of the availability of such model
domestic violence employee awareness and assistance policy.
(d) The office in consultation with the task force, providers of
services, the advisory council, the department of labor, the empire
state development corporation, and representatives of statewide advocacy
organizations for the prevention of domestic violence, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model domestic violence employee aware-
ness and assistance policy.
(e) Nothing contained in this subdivision shall be deemed to prevent
businesses from adopting their own domestic violence employee awareness
and assistance policy.
(f) The office shall survey businesses within four years of the effec-
tive date of this section to determine the level of model policy
adoption amongst businesses and shall take steps necessary to promote
the further adoption of such policy.
10.] Fatality review team. (a) There shall be established within the
office a fatality review team for the purpose of analyzing, in conjunc-
tion with local representation, the domestic violence-related death or
near death of individuals, with the goal of:
(i) examining the trends and patterns of domestic violence-related
fatalities in New York state;
(ii) educating the public, service providers, and policymakers about
domestic violence fatalities and strategies for intervention and
prevention; and
(iii) recommending policies, practices, procedures, and services to
reduce fatalities due to domestic violence.
(b) A domestic violence-related death or near death shall mean any
death or near death caused by a family or household member as defined in
section eight hundred twelve of the family court act or section 530.11
of the criminal procedure law, except that there shall be no review of
the death or near death of a child for those cases in which the office
of children and family services is required to issue a fatality report
in accordance with subdivision five of section twenty of the social
services law.
(c) The team shall review deaths or near deaths in cases that have
been adjudicated and have received a final judgment and that are not
under investigation.
(d) Members of a domestic violence fatality review team shall be
appointed by the executive director, [in consultation with the advisory
council,] and shall include, but not be limited to, one representative
from the office of children and family services, the office of temporary
A. 3387 9
and disability assistance, the division of criminal justice services,
the state police, the department of health, the office of court adminis-
tration, the office of probation and correctional alternatives, the
department of corrections and community supervision, the office of
victim services, at least one representative from local law enforcement,
a county prosecutor's office, a local social services district, a member
of the judiciary, and a domestic violence services program approved by
the office of children and family services. A domestic violence fatality
review team may also include representatives from sexual assault
services programs, public health, mental health and substance abuse
agencies, hospitals, clergy, local school districts, local divisions of
probation, local offices of the department of corrections and community
supervision, the office of the medical examiner or coroner, any local
domestic violence task force, coordinating council or other interagency
entity that meets regularly to support a coordinated community response
to domestic violence, any other program that provides services to domes-
tic violence victims, or any other person necessary to the work of the
team, including survivors of domestic violence.
(e) The team shall identify potential cases and shall select which
deaths or near deaths will be reviewed each year. Localities may request
that the team conduct a review of a particular death or near death.
(f) The team shall work with officials and organizations within the
community where the death or near death occurred to conduct each review.
(g) Team members shall serve without compensation but are entitled to
be reimbursed for travel expenses to the localities where a fatality
review will be conducted and members who are full-time salaried officers
or employees of the state or of any political subdivision of the state
are entitled to their regular compensation.
(h) To the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
(i) records maintained by a local social services district;
(ii) law enforcement records, except where the provision of such
records would interfere with an ongoing law enforcement investigation or
identify a confidential source or endanger the safety or welfare of an
individual;
(iii) court records;
(iv) probation and parole records;
(v) records from domestic violence residential or non-residential
programs;
(vi) records from any relevant service provider, program or organiza-
tion; and
(vii) all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall be
required to provide information or records concerning a person charged,
investigated or convicted in such death or near death in violation of
such person's attorney-client privilege.
(i) Any information or records otherwise SEALED, confidential and
privileged in accordance with state law which are provided to the team
shall remain SEALED, confidential, AND PRIVILEGED as otherwise provided
by law. All records received, meetings conducted, reports and records
made and maintained and all books and papers obtained by the team shall
be confidential and shall not be open or made available, except by court
order or as set forth in paragraphs (k) and (l) of this subdivision.
A. 3387 10
(j) Any person who releases or permits the release of any information
protected under paragraph (i) of this subdivision to persons or agencies
not authorized to receive such information shall be guilty of a class A
misdemeanor.
(k) Team members and persons who present information to the team shall
not be questioned in any civil or criminal proceeding regarding any
opinions formed as a result of a meeting of the team. Nothing in this
section shall be construed to prevent a person from testifying as to
information which is obtained independently of the team or information
which is public.
(l) Team members are not liable for damages or other relief in any
action brought by reason of the reasonable and good faith performance of
a duty, function, or activity of the team.
(m) Consistent with all federal and state confidentiality protections,
the team may provide recommendations to any individual or entity for
appropriate actions to improve a community's response to domestic
violence.
(n) The team shall periodically submit a cumulative report to the
governor and the legislature incorporating the aggregate data and a
summary of the general findings and recommendations resulting from the
domestic violence fatality reviews completed pursuant to this subdivi-
sion. The cumulative report shall thereafter be made available to the
public, consistent with federal and state confidentiality protections.
§ 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
amended by chapter 663 of the laws of 2019, is amended to read as
follows:
6. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the
relevant provisions of this chapter and the family court act. Such
notice shall be prepared, at minimum, in plain English, Spanish, Chinese
and Russian and if necessary, shall be delivered orally, and shall
include but not be limited to the information contained in the following
statement:
"Are you the victim of domestic violence? If you need help now, you
can call 911 for the police to come to you. You can also call a domestic
violence hotline. You can have a confidential talk with an advocate at
the hotline about help you can get in your community including: where
you can get treatment for injuries, where you can get shelter, where you
can get support, and what you can do to be safe. The New York State
24-hour Domestic & Sexual Violence Hotline number is (insert the state-
wide multilingual 800 number). They can give you information in many
languages. If you are deaf or hard of hearing, call 711.
This is what the police can do:
They can help you and your children find a safe place such as a family
or friend's house or a shelter in your community.
You can ask the officer to take you or help you and your children get
to a safe place in your community.
They can help connect you to a local domestic violence program.
They can help you get to a hospital or clinic for medical care.
They can help you get your personal belongings.
They must complete a report discussing the incident. They will give
you a copy of this police report before they leave the scene. It is
free.
A. 3387 11
They may, and sometimes must, arrest the person who harmed you if you
are the victim of a crime. The person arrested could be released at any
time, so it is important to plan for your safety.
If you have been abused or threatened, this is what you can ask the
police or district attorney to do:
File a criminal complaint against the person who harmed you.
Ask the criminal court to issue an order of protection for you and
your child if the district attorney files a criminal case with the
court.
Give you information about filing a family offense petition in your
local family court.
You also have the right to ask the family court for an order of
protection for you and your children.
This is what you can ask the family court to do:
To have your family offense petition filed the same day you go to
court.
To have your request heard in court the same day you file or the next
day court is open.
Only a judge can issue an order of protection. The judge does that as
part of a criminal or family court case against the person who harmed
you. An order of protection in family court or in criminal court can
say:
That the other person have no contact or communication with you by
mail, phone, computer or through other people.
That the other person stay away from you and your children, your home,
job or school.
That the other person not assault, harass, threaten, strangle, or
commit another family offense against you or your children.
That the other person turn in their firearms and firearms licenses,
and not get any more firearms.
That you have temporary custody of your children.
That the other person pay temporary child support.
That the other person not harm your pets or service animals.
If the family court is closed because it is night, a weekend, or a
holiday, you can go to a criminal court to ask for an order of
protection.
If you do not speak English or cannot speak it well, you can ask the
police, the district attorney, or the criminal or family court to get
you an interpreter who speaks your language. The interpreter can help
you explain what happened.
You can get the forms you need to ask for an order of protection at
your local family court (insert addresses and contact information for
courts). You can also get them online: www.NYCourts.gov/forms.
You do not need a lawyer to ask for an order of protection.
You have a right to get a lawyer in the family court. If the family
court finds that you cannot afford to pay for a lawyer, it must get you
one for free.
If you file a complaint or family court petition, you will be asked to
swear to its truthfulness because it is a crime to file a legal document
that you know is false."
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
provisions of this section and distribute copies thereof to the appro-
priate law enforcement officials pursuant to subdivision nine of section
eight hundred forty-one of the executive law.
A. 3387 12
Additionally, copies of such notice shall be provided to the chief
administrator of the courts to be distributed to victims of family
offenses through the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the public
health law. No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the provisions of this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
§ 4. Section 214-b of the executive law, as amended by chapter 432 of
the laws of 2015, is amended to read as follows:
§ 214-b. Family offense intervention. The superintendent shall, for
all members of the state police including new and veteran officers,
develop, maintain and disseminate, in consultation with the state office
[for the prevention of] TO END domestic AND GENDER-BASED violence, writ-
ten policies and procedures consistent with article eight of the family
court act and applicable provisions of the criminal procedure and domes-
tic relations laws, regarding the investigation of and intervention in
incidents of family offenses. Such policies and procedures shall make
provision for education and training in the interpretation and enforce-
ment of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subdivision (c) of this section, on a standardized
"domestic violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with the superinten-
dent and with the state office [for the prevention of] TO END domestic
AND GENDER-BASED violence, and the investigation thereof so as to ascer-
tain whether a crime has been committed against the victim by a member
of the victim's family or household as such terms are defined in section
eight hundred twelve of the family court act and section 530.11 of the
criminal procedure law;
(b) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subdivision (c) of this section,
including but not limited to immediately providing the victim with the
written notice provided in subdivision six of section 530.11 of the
criminal procedure law and subdivision five of section eight hundred
twelve of the family court act.
(c) The superintendent, in consultation with the division of criminal
justice services and the office [for the prevention of] TO END domestic
AND GENDER-BASED violence shall determine the languages in which such
translation required by subdivision (a) of this section, and the notifi-
cation required pursuant to subdivision (b) of this section, shall be
provided. Such determination shall be based on the size of the New York
state population that speaks each language and any other relevant
factor. Such written notice required pursuant to subdivision (b) of this
section shall be made available to all state police officers in the
state.
§ 5. Subdivision 1 of section 221-a of the executive law, as amended
by chapter 492 of the laws of 2015, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, office of court administration, and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
A. 3387 13
develop a comprehensive plan for the establishment and maintenance of a
statewide computerized registry of all orders of protection issued
pursuant to articles four, five, six, eight and ten of the family court
act, section 530.12 of the criminal procedure law and, insofar as they
involve victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two hundred fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction, special orders of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim or victims of
domestic violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services law or a designated witness or
witnesses to such domestic violence, and all warrants issued pursuant to
sections one hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined in subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal procedure law, insofar as such warrants pertain to orders of
protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three and seven of such act and
section 530.13 of the criminal procedure law shall not be included in
the registry. The superintendent shall establish and maintain such
registry for the purposes of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special orders
of conditions, and for enforcing the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
§ 6. The opening paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 432 of the laws of 2015, is amended
to read as follows:
Promulgate, in consultation with the superintendent of state police
and the state office [for the prevention of] TO END domestic AND
GENDER-BASED violence, and in accordance with paragraph (f) of subdivi-
sion three of section eight hundred forty of this article, a standard-
ized "domestic violence incident report form" for use by state and local
law enforcement agencies in the reporting, recording and investigation
of all alleged incidents of domestic violence, regardless of whether an
arrest is made as a result of such investigation. Such form shall be
prepared in multiple parts, one of which shall be immediately provided
to the victim, and shall include designated spaces for: the recordation
of the results of the investigation by the law enforcement agency and
the basis for any action taken; the recordation of a victim's allega-
tions of domestic violence; the age and gender of the victim and the
alleged offender or offenders; and immediately thereunder a space on
which the victim may sign and verify such victim's allegations. Such
form shall also include, but not be limited to spaces to identify:
§ 7. Paragraph (f) of subdivision 3 of section 840 of the executive
law, as amended by chapter 432 of the laws of 2015, is amended to read
as follows:
(f) Develop, maintain and disseminate, in consultation with the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, written policies and procedures consistent with article eight
of the family court act and applicable provisions of the criminal proce-
dure and domestic relations laws, regarding the investigation of and
intervention by new and veteran police officers in incidents of family
A. 3387 14
offenses. Such policies and procedures shall make provisions for educa-
tion and training in the interpretation and enforcement of New York's
family offense laws, including but not limited to:
(1) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subparagraph three of this paragraph, on a standardized
"domestic violence incident report form" promulgated by the division of
criminal justice services in consultation with the superintendent of
state police, representatives of local police forces and the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, and the investigation thereof so as to ascertain whether a
crime has been committed against the victim by a member of the victim's
family or household as such terms are defined in section eight hundred
twelve of the family court act and section 530.11 of the criminal proce-
dure law; and
(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subparagraph three of this para-
graph, including but not limited to immediately providing the victim
with the written notice required in subdivision six of section 530.11 of
the criminal procedure law and subdivision five of section eight hundred
twelve of the family court act;
(3) determine, in consultation with the superintendent of state police
and the office [for the prevention of] TO END domestic AND GENDER-BASED
violence, the languages in which such translation required by subpara-
graph one of this paragraph, and the notification required by subpara-
graph two of this paragraph, shall be provided. Such determination shall
be based on the size of the New York state population that speaks each
language and any other relevant factor. Such written notice required
pursuant to subparagraph two of this paragraph shall be made available
to all local law enforcement agencies throughout the state. Nothing in
this paragraph shall prevent the council from using the determinations
made by the superintendent of state police pursuant to subdivision (c)
of section two hundred fourteen-b of this chapter;
§ 8. The opening paragraph of paragraph 2 of subdivision (b) of
section 153-c of the family court act, as added by chapter 367 of the
laws of 2015, is amended to read as follows:
A plan for a pilot program pursuant to this section shall be developed
by the chief administrator of the courts or his or her delegate in
consultation with one or more local programs providing assistance to
victims of domestic violence, the office [for the prevention of] TO END
domestic AND GENDER-BASED violence, and attorneys who represent family
offense petitions. The plan shall include, but is not limited to:
§ 9. Paragraph 2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009, is amended to
read as follows:
2. provide for the development of training programs with the input of
and in consultation with the state office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Such training programs must include
the dynamics of domestic violence and its effect on victims and on chil-
dren, and the relationship between such dynamics and the issues consid-
ered by the court, including, but not limited to, custody, visitation
and child support. Such training programs along with the providers of
such training must be approved by the office of court administration
A. 3387 15
following consultation with and input from the state office for the
prevention of domestic violence; and
§ 10. The closing paragraph of subdivision 5 of section 812 of the
family court act, as amended by chapter 663 of the laws of 2019, is
amended to read as follows:
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
the provisions of this section and distribute copies thereof to the
appropriate law enforcement officials pursuant to subdivision nine of
section eight hundred forty-one of the executive law. Additionally,
copies of such notice shall be provided to the chief administrator of
the courts to be distributed to victims of family offenses through the
family court at such time as such persons first come before the court
and to the state department of health for distribution to all hospitals
defined under article twenty-eight of the public health law. No cause of
action for damages shall arise in favor of any person by reason of any
failure to comply with the provisions of this subdivision except upon a
showing of gross negligence or willful misconduct.
§ 11. Subdivision 3 of section 403 of the general business law, as
amended by chapter 715 of the laws of 2019, is amended to read as
follows:
3. The advisory committee shall advise the secretary on all matters
relating to this article, and on such other matters as the secretary
shall request. In advising the secretary on matters concerning profes-
sional education or curriculum, inclusive of the maintenance of cultural
and ethnic awareness within the prescribed curriculum in regard to hair
types, including, but not limited to, curl pattern, hair strand thick-
ness, and volume of hair, the advisory committee shall, to the extent
practicable, consult with the state education department. The advisory
committee is directed, in consultation with the department of state, the
New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and an advocacy group recognized by the federal
department of health and human services, which has the ability to coor-
dinate statewide and with local communities on programming and educa-
tional materials related to the prevention and intervention of domestic
violence in New York state, to develop, provide for and integrate aware-
ness training on domestic violence and sexual assault for all prospec-
tive students seeking to be licensed under this article. Further, on a
voluntary basis for those seeking to renew their license as provided for
in this article to develop and provide access to educational material
for domestic violence and sexual assault awareness.
§ 12. Section 408-b of the general business law, as amended by chapter
71 of the laws of 2020, is amended to read as follows:
§ 408-b. Domestic violence and sexual assault awareness education. The
department shall ensure that domestic violence and sexual assault aware-
ness education courses are made available to all licensees and appli-
cants for a license or renewal pursuant to this article and that such
courses are offered through the department's website. The department, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and advocacy groups recognized by the federal
department of health and human services or the federal department of
justice, which have the ability to coordinate statewide and with local
communities on programming and educational materials related to the
prevention and intervention of domestic violence or sexual assault in
New York state, shall develop and provide access to domestic violence
A. 3387 16
and sexual assault awareness education courses appropriate for those
licensed under this article.
§ 13. Subsections (f) and (g) and paragraph 8 of subsection (h) of
section 2612 of the insurance law, subsections (f) and (g) as amended by
chapter 579 of the laws of 2022, and paragraph 8 of subsection (h) as
added by section 2 of part E of chapter 491 of the laws of 2012, are
amended to read as follows:
(f) If any person covered by an insurance policy issued to another
person as the policyholder delivers to the insurer that issued the poli-
cy, at its home office, a valid order of protection against the policy-
holder, issued by a court of competent jurisdiction in this state, or,
except where the insurance policy was issued by a health insurer as
defined in subparagraph (B) of paragraph (1) of subsection (h) of this
section, a request to designate an alternative mailing address, tele-
phone number or method of contact for the purpose of receiving claim
related information if the person states that disclosure of all or part
of the claim related information could endanger the person, the insurer
shall be prohibited for the duration of the order, or until the request
designating an alternative mailing address, telephone number or other
method of contact is cancelled by the requesting person in writing, from
disclosing to the policyholder the address, telephone number or other
method of contact for the insured, or for any person or entity providing
covered services to the insured, any personally identifying information
of the insured, or the nature of the covered services provided to the
insured, or from mailing, delivering, or otherwise providing claim
related information to any mailing address, telephone number, or other
method of contact other than as designated by the requesting person
pursuant to this subsection. If a child is the covered person, the right
established by this subsection may be asserted by, and shall also extend
to, the parent or guardian of the child. An insurer may require a person
making a request to designate an alternative mailing address, telephone
number or other method of contact pursuant to this subsection to: make
the request in writing; include in the request a statement that disclo-
sure of all or part of the claim related information to which the
request pertains could endanger the person or child; and specify an
alternative mailing address, telephone number, or other method of
contact. For the purpose of this subsection, "claim related information"
means all claim or billing information relating specifically to an
insured or person covered by an insurance policy issued by an insurer
other than a health insurer as defined in subparagraph (B) of paragraph
(1) of subsection (h) of this section. The superintendent, in consulta-
tion with the commissioner of health and the office of children and
family services and the office [for the prevention of] TO END domestic
AND GENDER-BASED violence, shall promulgate rules to guide and enable
insurers to guard against the disclosure of the address and location of
an insured who is a victim of domestic violence.
(g) If any person covered by a group insurance policy delivers to the
insurer that issued the policy, at its home office, (i) a valid order of
protection against another person covered by the group policy, issued by
a court of competent jurisdiction in this state, or, except where the
insurance policy was issued by a health insurer as defined in subpara-
graph (B) of paragraph (1) of subsection (h) of this section, a request
to designate an alternative mailing address, telephone number or other
method of contact for the purpose of receiving claim related information
if the person states that disclosure of all or part of the claim related
information could endanger the person, the insurer shall be prohibited
A. 3387 17
for the duration of the order, or until the request designating an
alternative mailing address, telephone number or other method of contact
is cancelled by the requesting person in writing, from disclosing to the
person against whom a valid order of protection was issued the address,
telephone number or other method of contact for the insured person
covered by the order of protection or for any person or entity providing
covered services to the insured person covered by the order of
protection, any personally identifying information of the insured, or
the nature of the covered services provided to the insured, or from
mailing, delivering, or otherwise providing claim related information to
any mailing address, telephone number, or other method of contact other
than as designated by the requesting person pursuant to this subsection.
If a child is the covered person, the right established by this
subsection may be asserted by, and shall also extend to, the parent or
guardian of the child. An insurer may require a person making a request
to designate an alternative mailing address, telephone number or other
method of contact pursuant to this subsection to: make the request in
writing; include in the request a statement that disclosure of all or
part of the claim related information to which the request pertains
could endanger the person or child; and specify an alternative mailing
address, telephone number, or other method of contact. For the purpose
of this subsection, "claim related information" means all claim or bill-
ing information relating specifically to an insured or person covered by
an insurance policy issued by an insurer other than a health insurer as
defined in subparagraph (B) of paragraph (1) of subsection (h) of this
section. The superintendent, in consultation with the commissioner of
health, the office of children and family services and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide and enable insurers to guard against the
disclosure of the address and location of an insured who is a victim of
domestic violence.
(8) The superintendent, in consultation with the commissioner of
health, the office of children and family services and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide health insurers in guarding against the
disclosure of the information protected pursuant to this subsection.
§ 14. Section 10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
§ 10-a. Domestic violence policy. The commissioner shall study the
issue of employees separated from employment due to acts of domestic
violence as referred to in and qualified by section four hundred fifty-
nine-a of the social services law. The commissioner shall consult with
the New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and its advisory council, the department of social
services, the division of women and members of the public in preparing
such study. Such study shall include a review of case histories in
which unemployment compensation was sought and an analysis of the poli-
cies in other states. A copy of such study shall be transmitted to the
temporary president of the senate and the speaker of the assembly on or
before January fifteenth, nineteen hundred ninety-six and shall contain
policy recommendations.
§ 15. Section 10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
§ 10-b. Domestic violence employee awareness and assistance. The
commissioner shall assist the office [for the prevention of] TO END
domestic AND GENDER-BASED violence in the creation, approval and dissem-
A. 3387 18
ination of the model domestic violence employee awareness and assistance
policy [as further defined in subdivision nine of section five hundred
seventy-five of the executive law. Upon completion and approval of the
model plan as outlined in subdivision nine of section five hundred
seventy-five of the executive law, the commissioner shall assist in the
promotion of the model policy to businesses in New York state].
§ 16. Section 2137 of the public health law, as added by chapter 163
of the laws of 1998, is amended to read as follows:
§ 2137. Domestic violence recognition. The department shall, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and statewide organizations and community based
organizations, develop a protocol for the identification and screening
of victims of domestic violence who may either be a protected individual
or a contact as used in this title.
§ 17. Subdivision 2 of section 2803-p of the public health law, as
added by chapter 271 of the laws of 1997, is amended to read as follows:
2. Every hospital having maternity and newborn services shall provide
information concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services to women upon an initial prenatal care visit.
The commissioner shall, in consultation with the state office [for the
prevention of] TO END domestic AND GENDER-BASED violence and the depart-
ment of social services, prepare, produce and transmit such notice to
such facilities in quantities sufficient to comply with the requirements
of this section. Such notice shall contain information which shall
include but not be limited to the effects of family violence and the
services available to women and children experiencing family violence.
Such information shall be in clear and concise language readily
comprehensible. Nothing in this section shall preclude a facility from
providing the notice required by this section as an addendum to, or in
connection with, any other information required to be provided by any
other provision of law, rule or regulation.
§ 18. Subdivision 3 of section 2805-z of the public health law, as
amended by chapter 37 of the laws of 2020, is amended to read as
follows:
3. The commissioner shall promulgate such rules and regulations as may
be necessary and proper to carry out effectively the provisions of this
section. Prior to promulgating such rules and regulations, the commis-
sioner shall consult with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence and other such persons as the commis-
sioner deems necessary to develop a model policy for hospitals to
utilize in complying with this section and to identify the domestic
violence or victim assistance organizations operating in each hospital's
geographic area, a list of which the commissioner shall provide to
hospitals with the model policy.
§ 19. The opening paragraph of subdivision (g) of section 17 of the
social services law, as added by chapter 280 of the laws of 2002, is
amended to read as follows:
require participation of all employees of a child protective service
in a training course which has been developed by the office [for the
prevention of] TO END domestic AND GENDER-BASED violence in conjunction
with the office of children and family services whose purpose is to
develop an understanding of the dynamics of domestic violence and its
connection to child abuse and neglect. Such course shall:
A. 3387 19
§ 20. Subdivision 1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
1. The department, in consultation with appropriate agencies including
but not limited to the New York state office [for the prevention of] TO
END domestic AND GENDER-BASED violence, shall by regulation prescribe
and implement safeguards on the confidentiality, integrity, accuracy,
access, and the use of all confidential information and other data
handled or maintained, including data obtained pursuant to section one
hundred eleven-o of this article and including such information and data
maintained in the automated child support enforcement system. Such
information and data shall be maintained in a confidential manner
designed to protect the privacy rights of the parties and shall not be
disclosed except for the purpose of, and to the extent necessary to,
establish paternity, or establish, modify or enforce an order of
support.
§ 21. Subdivisions 1, 2 and 3 of section 349-a of the social services
law, subdivisions 1 and 3 as added by section 36 of part B of chapter
436 of the laws of 1997 and subdivision 2 as amended by chapter 144 of
the laws of 2021, are amended to read as follows:
1. The department, after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence and statewide
domestic violence advocacy groups, shall by regulation establish
requirements for social services districts to notify all applicants and,
upon recertification, recipients, of procedures for protection from
domestic violence and the availability of services. Such notice shall
inform applicants and recipients that the social services district will
make periodic inquiry regarding the existence of domestic violence
affecting the individual. Such notice shall also inform individuals
that response to these inquiries is voluntary and confidential;
provided, however, that information regarding neglect or abuse of chil-
dren will be reported to child protective services.
2. Such inquiry shall be performed utilizing a universal screening
form to be developed by the department after consultation with the
office [for the prevention of] TO END domestic AND GENDER-BASED violence
and statewide domestic violence advocacy groups. Such screening may be
conducted by telephone or other digital means at the request of the
applicant or recipient. An individual may request such screening at any
time, and any individual who at any time self identifies as a victim of
domestic OR GENDER-BASED violence shall be afforded the opportunity for
such screening.
3. An individual indicating the presence of domestic violence, as a
result of such screening, shall be promptly referred to a domestic
violence liaison who meets training requirements established by the
department, after consultation with the office [for the prevention of]
TO END domestic AND GENDER-BASED violence and statewide domestic
violence advocacy groups.
§ 22. The opening paragraph of subdivision 2 and the opening paragraph
of subdivision 3 of section 427-a of the social services law, as added
by chapter 452 of the laws of 2007, are amended to read as follows:
Any social services district interested in implementing a differential
response program shall apply to the office of children and family
services for permission to participate. The criteria for a social
services district to participate will be determined by the office of
children and family services after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence, however the
A. 3387 20
social services district's application must include a plan setting forth
the following:
The criteria for determining which cases may be placed in the assess-
ment track shall be determined by the local department of social
services, in conjunction with the office of children and family services
and after consultation with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Provided, however, that reports
including any of the following allegations shall not be included in the
assessment track of a differential response program:
§ 23. Subdivision (a) of section 483-cc of the social services law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
(a) As soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency, district attorney's
office, or an established provider of social or legal services desig-
nated by the office of temporary and disability assistance, the office
[for the prevention of] TO END domestic AND GENDER-BASED violence or the
office of victim services to be a human trafficking victim, that law
enforcement agency or district attorney's office shall notify the office
of temporary and disability assistance and the division of criminal
justice services that such person may be eligible for services under
this article or, in the case of an established provider of social or
legal services, shall notify the office of temporary and disability
assistance and the division of criminal justice services if such victim
consents to seeking services pursuant to this article.
§ 24. Subdivision (a) of section 483-ee of the social services law, as
amended by chapter 413 of the laws of 2016, is amended to read as
follows:
(a) There is established an interagency task force on trafficking in
persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the office
[for the prevention of] TO END domestic AND GENDER-BASED violence; and
(10) the superintendent of the division of state police; and the follow-
ing additional members, who shall be promptly appointed by the governor,
each for a term of two years, provided that such person's membership
shall continue after such two year term until a successor is appointed
and provided, further, that a member may be reappointed if again recom-
mended in the manner specified in this subdivision: (11) two members,
who shall be appointed on the recommendation of the temporary president
of the senate; (12) two members, who shall be appointed on the recommen-
dation of the speaker of the assembly; (13) two members, who shall be
appointed on the recommendation of the not-for-profit organization in
New York state that receives the largest share of funds, appropriated by
and through the state budget, for providing services to victims of human
trafficking, as shall be identified annually in writing by the director
of the budget; and (14) one member, who shall be appointed on the recom-
mendation of the president of the New York state bar association; and
others as may be necessary to carry out the duties and responsibilities
under this section. The task force will be co-chaired by the commission-
ers of the division of criminal justice services and the office of
A. 3387 21
temporary and disability assistance, or their designees. It shall meet
as often as is necessary, but no less than three times per year, and
under circumstances as are appropriate to fulfilling its duties under
this section. All members shall be provided with written notice reason-
ably in advance of each meeting with date, time and location of such
meeting.
§ 25. Subdivision 3 of section 97-yyy of the state finance law, as
added by chapter 634 of the laws of 2002, is amended to read as follows:
3. Moneys of the fund, following appropriation by the legislature and
allocation by the director of the budget, shall be available for the
purpose of funding expenses of the office [for the prevention of] TO END
domestic AND GENDER-BASED violence for educational and prevention
programs undertaken pursuant to article twenty-one of the executive law.
§ 26. Wherever the term "office for the prevention of domestic
violence" appears in the consolidated or unconsolidated laws of this
state, such term shall hereby mean "office to end domestic and gender-
based violence".
§ 27. This act shall take effect immediately; provided however that
the amendments to subdivision (a) of section 483-ee of the social
services law made by section twenty-four of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith;
and provided, further, that paragraphs (o) and (p) of subdivision 3 of
section 575 of the executive law made by section two of this act shall
take effect on the same date and in the same manner as chapter 740 of
the laws of 2022, takes effect.