S T A T E O F N E W Y O R K
________________________________________________________________________
8977
I N S E N A T E
April 4, 2024
___________
Introduced by Sen. WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the executive law and the general business law, in
relation to requiring a lethality assessment in incidents of domestic
violence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 646 of the executive law, as added
by chapter 152 of the laws of 2019, is amended to read as follows:
3. An individual who has been the victim in this state of a family
offense as defined in subdivision one of section 530.11 of the criminal
procedure law or section eight hundred twelve of the family court act
may, upon alleging that it would be a hardship for [him or her] SUCH
INDIVIDUAL to make such complaint in the local jurisdiction in which
such offense occurred, make a complaint to any local law enforcement
agency in the state regardless of where the act took place. Such local
law enforcement agency shall take a police report of the matter, as well
as prepare a domestic [violence] incident report WHICH INCLUDES LETHALI-
TY ASSESSMENT QUESTIONS as defined in subdivision fifteen of section
eight hundred thirty-seven of this chapter and provide the complainant
with a copy of such report free of charge. A copy of the police report
and completed domestic [violence] incident report, INCLUDING THE LETHAL-
ITY ASSESSMENT QUESTIONS shall be promptly forwarded to the appropriate
law enforcement agency with jurisdiction over the location where the
incident is reported to have occurred for the purposes of further inves-
tigation.
§ 2. Subdivision 15 of section 837 of the executive law, as added by
chapter 222 of the laws of 1994 and the opening paragraph as amended by
chapter 432 of the laws of 2015, is amended to read as follows:
15. Promulgate, in consultation with the superintendent of state
police and the state office for the prevention of domestic violence, and
in accordance with paragraph (f) of subdivision three of section eight
hundred forty of this article, a standardized "domestic [violence] inci-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14865-03-4
S. 8977 2
dent 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 allegations 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:
(a) what other services or agencies, including but not limited to
medical, shelter, advocacy and other supportive services are or have
previously been involved with the victim; [and]
(b) whether the victim has been provided with the written notice
described in subdivision five of section eight hundred twelve of the
family court act and subdivision six of section 530.11 of the criminal
procedure law[.]; AND
(C) THE RESULTS OF A LETHALITY ASSESSMENT. BY JANUARY FIRST, TWO THOU-
SAND TWENTY-FIVE, THE DIVISION, IN CONSULTATION WITH THE NEW YORK STATE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AND STAKEHOLDERS, SHALL
UPDATE THE DOMESTIC INCIDENT REPORT FORM AND DEVELOP TRAINING FOR LAW
ENFORCEMENT. TRAINING ON HOW TO ADMINISTER SUCH ASSESSMENT SHALL BE
DELIVERED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. ALL LAW
ENFORCEMENT OFFICERS SHALL SUCCESSFULLY COMPLETE SUCH TRAINING BY JANU-
ARY FIRST, TWO THOUSAND TWENTY-SIX. BEGINNING JANUARY FIRST, TWO THOU-
SAND TWENTY-SIX, SUCH TRAINING SHALL BE INCORPORATED INTO ANY TRAINING
REQUIREMENTS FOR NEW LAW ENFORCEMENT OFFICERS.
(I) TO ADMINISTER THE LETHALITY ASSESSMENT QUESTIONS, A LAW ENFORCE-
MENT OFFICER SHALL ASK THE VICTIM, IN THE SAME OR SIMILAR WORDING AND IN
THE SAME ORDER, ALL OF THE FOLLOWING QUESTIONS; PROVIDED, HOWEVER, THE
DIVISION, IN CONSULTATION WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE, SHALL HAVE THE AUTHORITY TO ISSUE GUIDANCE TO AMEND, SUPPLE-
MENT, OR REMOVE ANY OF SUCH QUESTIONS:
(1) HAVE THEY EVER USED A WEAPON AGAINST YOU OR THREATENED YOU WITH A
WEAPON?
(2) DID THEY EVER THREATEN TO KILL YOU, YOUR CHILDREN, OR YOUR PETS?
(3) DO YOU BELIEVE THEY WILL TRY TO KILL YOU OR HAVE THEY TRIED TO
KILL YOU?
(4) HAVE THEY EVER STRANGLED OR CHOKED YOU OR ATTEMPTED TO STRANGLE OR
CHOKE YOU?
(5) DO THEY HAVE A FIREARM OR COULD THEY GET ONE EASILY?
(6) ARE THEY VIOLENTLY OR CONSTANTLY JEALOUS, OR DO THEY CONTROL MOST
OF YOUR DAILY ACTIVITIES?
(7) HAVE YOU LEFT THEM OR SEPARATED FROM THEM AFTER LIVING TOGETHER OR
BEING MARRIED?
(8) ARE THEY UNEMPLOYED?
(9) HAVE THEY EVER TRIED TO KILL THEMSELVES?
(10) DO YOU HAVE A CHILD WHOM THEY BELIEVE IS NOT THEIR BIOLOGICAL
CHILD?
(11) DO THEY FOLLOW, SPY ON, OR SEND THREATENING MESSAGES TO YOU?
(12) IS THERE ANYTHING ELSE THAT WORRIES YOU ABOUT YOUR SAFETY AND, IF
SO, WHAT WORRIES YOU?
(13) ANY OTHER QUESTIONS THE DIVISION, IN CONSULTATION WITH THE OFFICE
FOR THE PREVENTION OF DOMESTIC VIOLENCE, SHALL DEEM NECESSARY.
S. 8977 3
(II) A LAW ENFORCEMENT OFFICER SHALL ADVISE THE VICTIM OF THE RESULTS
OF THE ASSESSMENT AND REFER THE VICTIM TO THE LOCAL DOMESTIC VIOLENCE
PROGRAM AND PROVIDE THE NUMBER OF THE NEW YORK STATE DOMESTIC AND SEXUAL
VIOLENCE HOTLINE. THE LAW ENFORCEMENT OFFICER SHALL FOLLOW ALL
DIRECTIONS ON THE DOMESTIC INCIDENT REPORT REGARDING SCORING RESPONSES
AND REFERRALS BASED ON SUCH SCORING, INCLUDING SHARING A COPY OF THE
REPORT WITH THE LOCAL DOMESTIC VIOLENCE PROGRAM AND ANY APPLICABLE HIGH
RISK TEAMS. IF THE LAW ENFORCEMENT OFFICER DETERMINES THE INFORMATION
COLLECTED IN RESPONSE TO SUCH QUESTIONS ESTABLISHES CREDIBLE INFORMATION
THAT AN INDIVIDUAL IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
SERIOUS HARM TO SUCH INDIVIDUAL OR OTHERS, AS DEFINED IN PARAGRAPH ONE
OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW, THE
OFFICE SHALL FILE AN APPLICATION FOR AN EXTREME RISK PROTECTION ORDER
IN ACCORDANCE WITH SECTION SIXTY-THREE HUNDRED FORTY-ONE OF THE CIVIL
PRACTICE LAW AND RULES.
(III) IF THE VICTIM DOES NOT, OR IS UNABLE TO, PROVIDE INFORMATION TO
A LAW ENFORCEMENT OFFICER SUFFICIENT TO ALLOW THE LAW ENFORCEMENT OFFI-
CER TO ADMINISTER A LETHALITY ASSESSMENT, THE LAW ENFORCEMENT OFFICER
SHALL NOTE THE LACK OF A LETHALITY ASSESSMENT IN A WRITTEN POLICE REPORT
AND ATTEMPT TO REFER THE VICTIM TO THE NEAREST CERTIFIED DOMESTIC
VIOLENCE PROGRAM OR THE NEW YORK STATE DOMESTIC AND SEXUAL VIOLENCE
HOTLINE.
§ 3. Subdivision (a) of section 214-b of the executive law, as amended
by chapter 432 of the laws of 2015, is amended to read as follows:
(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
division of criminal justice services in consultation with the super-
intendent and with the state office for the prevention of domestic
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;
§ 4. Subparagraph 1 of 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:
(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 domestic 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 procedure law; and
§ 5. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a
of the general business law, as amended by chapter 17 of the laws of
2013, is amended to read as follows:
(5) the purchaser of a contract signed by more than one purchaser
provides to the operator a copy of any of the following, within six
months of its issuance, involving domestic violence by another signatory
of the same contract: (A) a valid domestic [violence] incident report
S. 8977 4
form as such term is defined in subdivision fifteen of section eight
hundred thirty-seven of the executive law; (B) a valid police report;
(C) a valid order of protection; or (D) a signed affidavit from a
licensed medical or mental health care provider, employee of a court
acting within the scope of [his or her] SUCH INDIVIDUAL'S employment,
social worker, a rape crisis counselor as defined in section forty-five
hundred ten of the civil practice law and rules, or advocate acting on
behalf of an agency that assists domestic violence victims. Paragraph d
of this subdivision shall not apply to a purchaser canceling under this
subparagraph. A claim for termination under this subparagraph shall be
made in good faith. Termination under this subparagraph shall require,
and the provision of any of the items in (A) through (D) of this subpar-
agraph, for the purposes of this subparagraph, shall be presumptive
evidence of the continued existence of a substantial risk of physical or
emotional harm to the purchaser or purchaser's child.
§ 6. This act shall take effect immediately.
