Assembly Bill A4032

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4032
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to the  duty  to  report
   incidents in correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The correction law is amended by adding a new  section  628
 to read as follows:
   §  628.  DUTY  TO  REPORT INCIDENTS. 1. EVERY PERSON EMPLOYED OR UNDER
 CONTRACT TO WORK IN A CORRECTIONAL FACILITY SHALL IMMEDIATELY REPORT ALL
 ACTS OF VIOLENCE AGAINST AN INCARCERATED PERSON  TO  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION  PROVIDED  THAT  SUCH  ACTS  OF
 VIOLENCE MEET THE FOLLOWING CRITERIA:
   (A) SUCH ACT WAS BY  COMMITTED  BY  A  PERSON  EMPLOYED  BY  OR  UNDER
 CONTRACT  TO  WORK  AT  A  CORRECTIONAL FACILITY AGAINST AN INCARCERATED
 PERSON OR WAS COMMITTED BY AN INCARCERATED  PERSON  OR  ANOTHER  AT  THE
 DIRECTION  OR  PERMISSION  OF  A PERSON EMPLOYED BY OR UNDER CONTRACT TO
 WORK AT A CORRECTIONAL FACILITY;
   (B) SUCH ACT RESULTED IN:
   I. AN OBSERVABLE PHYSICAL INJURY TO THE INCARCERATED PERSON; OR
   II. AN INTERNAL INJURY THAT CAUSES SUCH INCARCERATED PERSON TO EXHIBIT
 PHYSICAL SIGNS OF SUCH INJURY; OR
   III. DEATH.
   2. SUCH REPORT SHALL CONTAIN:
   (A) THE DATE AND APPROXIMATE TIME OF THE OCCURRENCE OF THE ACT;
   (B) THE NAME, TITLE, AND CONTACT INFORMATION, IF KNOWN, OF THE  PERSON
 OR PERSONS WHO COMMITTED THE ACT OR CAUSED THE ACT TO BE COMMITTED;
   (C) A DETAILED DESCRIPTION OF THE ACT; AND
   (D)  THE  NAME, TITLE AND CONTACT INFORMATION OF EVERY PERSON KNOWN TO
 THE PERSON TO HAVE THE SAME INFORMATION AS  THE  PERSON  CONCERNING  THE
 REPORTABLE ACT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05742-01-5
              

 A. 4032                             2
 
   3.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO PROHIBIT A PERSON
 FROM CONTACTING OR REPORTING TO LAW ENFORCEMENT  OR  EMERGENCY  SERVICES
 BEFORE OR AFTER REPORTING TO THE DEPARTMENT.
   4.  EVERY  PERSON MANDATED TO REPORT PURSUANT TO THIS SECTION SHALL BE
 REQUIRED TO MAKE A REPORT TO THE DEPARTMENT AS OUTLINED  IN  SUBDIVISION
 TWO  OF  THIS  SECTION UNLESS (A) THE REPORTER HAS ACTUAL KNOWLEDGE THAT
 THE REPORTABLE ACT HAS BEEN REPORTED TO THE DEPARTMENT; AND (B) THAT THE
 REPORTER HAS BEEN NAMED AS A PERSON WITH KNOWLEDGE OF THE  ACT  IN  SUCH
 PRIOR REPORT.
   5.  EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, THE DEPART-
 MENT, AND ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT, SHALL NOT  DISCLOSE
 ANY  INFORMATION,  INCLUDING  INFORMATION  PROVIDED BY A REPORTER, WHICH
 COULD REASONABLY BE EXPECTED TO  REVEAL  THE  IDENTITY  OF  A  REPORTER,
 EXCEPT  WHEN  AND UNTIL IT IS REQUIRED TO BE DISCLOSED TO A DEFENDANT OR
 RESPONDENT IN CONNECTION WITH A PROCEEDING INSTITUTED BY THE DEPARTMENT.
   6. NOTWITHSTANDING SUBDIVISION FIVE OF THIS  SECTION,  A  REPORT  MADE
 UNDER  SUBDIVISION  TWO  OF  THIS  SECTION MAY, IN THE DISCRETION OF THE
 DEPARTMENT, WHEN DETERMINED BY THE DEPARTMENT TO BE NECESSARY OR  APPRO-
 PRIATE TO INVESTIGATE OR PROSECUTE AN ACT OF VIOLENCE, AND IN ACCORDANCE
 WITH SUBDIVISION SEVEN OF THIS SECTION, BE MADE AVAILABLE TO:
   (A) THE DEPARTMENT OF LAW;
   (B)  AN  APPROPRIATE  OFFICE OR AGENCY OF THE STATE, ACTING WITHIN THE
 SCOPE OF ITS JURISDICTION; AND
   (C) AN APPROPRIATE OFFICE OR AGENCY OF THE FEDERAL GOVERNMENT,  ACTING
 WITHIN THE SCOPE OF ITS JURISDICTION.
   7. EACH OF THE ENTITIES, AGENCIES, OR PERSONS DESCRIBED IN SUBDIVISION
 SIX OF THIS SECTION SHALL MAINTAIN SUCH REPORTS AS CONFIDENTIAL.
   8.  ALL  REPORTS MADE UNDER THIS SECTION SHALL NOT BE ACCESSIBLE UNDER
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY RELEVANT PROVISIONS THERE-
 OF WHERE THE DISCLOSURE OF SUCH REPORT WOULD REVEAL THE IDENTITY OF  THE
 REPORTER, EXCEPT IN SUCH CASES WHERE THE REPORTER'S IDENTITY HAS ALREADY
 BEEN MADE PUBLIC.
   9.  A  PERSON WHO KNOWINGLY AND WILLFULLY MAKES ANY FALSE, FICTITIOUS,
 OR FRAUDULENT STATEMENT OR REPRESENTATION, OR WHO MAKES ANY FALSE  WRIT-
 ING  OR  DOCUMENT  KNOWING THE SAME TO CONTAIN ANY FALSE, FICTITIOUS, OR
 FRAUDULENT STATEMENT OR ENTRY, SHALL BE  SUBJECT  TO  PROSECUTION  UNDER
 ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
   10.  A PERSON REQUIRED TO REPORT AN ACT OF VIOLENCE UNDER THIS SECTION
 WHO KNOWINGLY AND WILLFULLY FAILS TO REPORT SUCH ACT SHALL BE GUILTY  OF
 A CLASS A MISDEMEANOR, PROVIDED HOWEVER THAT WHERE SUCH PERSON WILLFULLY
 AND KNOWINGLY FAILED TO REPORT:
   (A)  TWO  OR  MORE  ACTS OF VIOLENCE, SUCH PERSON SHALL BE GUILTY OF A
 CLASS E FELONY;
   (B) AN ACT OF VIOLENCE THAT RESULTED IN THE DEATH OF  AN  INCARCERATED
 PERSON, SUCH PERSON SHALL BE GUILTY OF A CLASS D FELONY.
   11.  A PERSON REQUIRED TO REPORT AN ACT OF VIOLENCE UNDER THIS SECTION
 WHO KNOWINGLY AND WILLFULLY FAILS TO REPORT SUCH ACT MAY BE  SUBJECT  TO
 TERMINATION  AND  SHALL  BE  CIVILLY  LIABLE FOR THE DAMAGES PROXIMATELY
 CAUSED BY SUCH FAILURE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.