Assembly Bill A6575

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6575
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the executive law, in relation to the investigation of
   suspicious deaths and domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The executive law is amended by adding a new article 23-A
 to read as follows:
                               ARTICLE 23-A
                             SUSPICIOUS DEATHS
 SECTION 649-AA. SUSPICIOUS DEATHS AND DOMESTIC VIOLENCE.
   § 649-AA. SUSPICIOUS DEATHS AND DOMESTIC VIOLENCE. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "DOMESTIC VIOLENCE" SHALL  HAVE  THE  SAME  MEANING  AS  A  FAMILY
 OFFENSE AS DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
   (B)  "IDENTIFIABLE  HISTORY  OF BEING VICTIMIZED BY DOMESTIC VIOLENCE"
 SHALL MEAN DEMONSTRABLE PAST INCIDENTS OF BEING VICTIMIZED  BY  DOMESTIC
 VIOLENCE THAT MAY BE VERIFIED BY PRIOR POLICE REPORTS, WRITTEN OR PHOTO-
 GRAPHIC DOCUMENTATION, RESTRAINING ORDER DECLARATIONS, EYEWITNESS STATE-
 MENTS, OR OTHER EVIDENCE THAT CORROBORATES A HISTORY OF SUCH INCIDENTS.
   (C)  "FAMILY  MEMBER"  SHALL  MEAN  A PARENT, SIBLING, OR CHILD OF THE
 DECEASED.
   (D) "CLOSE FRIEND" SHALL MEAN ANY PERSON WHO  HAS  MAINTAINED  REGULAR
 CONTACT AND HAS A SIGNIFICANT RELATIONSHIP WITH THE DECEASED.
   (E)  "PARTNER"  SHALL MEAN A SPOUSE, FORMER SPOUSE, COHABITANT, FORMER
 COHABITANT,  FIANCE,  SOMEONE  WITH  WHOM  THE  DECEDENT  HAD  A  DATING
 RELATIONSHIP OR ENGAGEMENT FOR MARRIAGE, OR THE PARENT OF THE DECEDENT'S
 CHILD.
   2. PRIOR TO MAKING ANY FINDINGS AS TO THE MANNER AND CAUSE OF DEATH OF
 A  DECEASED  INDIVIDUAL WITH AN IDENTIFIABLE HISTORY OF BEING VICTIMIZED
 BY DOMESTIC VIOLENCE, AND IN THE PRESENCE OF THREE OR MORE FACTORS LIST-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09589-01-5
              

 A. 6575                             2
 
 ED IN SUBDIVISION THREE OF THIS SECTION, LAW ENFORCEMENT SHALL INTERVIEW
 FAMILY MEMBERS, SUCH AS PARENTS, SIBLINGS, OR  OTHER  CLOSE  FRIENDS  OR
 RELATIVES  OF  THE  DECEDENT  WITH  RELEVANT  INFORMATION REGARDING THAT
 HISTORY OF DOMESTIC VIOLENCE.
   3.  LAW ENFORCEMENT INVESTIGATORS MUST REQUEST A COMPLETE AUTOPSY IN A
 CASE WHERE THEY HAVE DETERMINED THERE  IS  AN  IDENTIFIABLE  HISTORY  OF
 BEING  VICTIMIZED  BY  DOMESTIC VIOLENCE AND ANY OF THE FOLLOWING CONDI-
 TIONS ARE PRESENT:
   (A) THE DECEDENT DIED PREMATURELY OR IN AN UNTIMELY MANNER;
   (B) THE SCENE OF THE DEATH  GIVES  THE  APPEARANCE  OF  DEATH  DUE  TO
 SUICIDE OR ACCIDENT;
   (C) ONE PARTNER WANTED TO END THE RELATIONSHIP;
   (D)  THERE  IS A HISTORY OF BEING VICTIMIZED BY DOMESTIC VIOLENCE THAT
 INCLUDES COERCIVE CONTROL;
   (E) THE DECEDENT IS FOUND DEAD IN A HOME OR PLACE OF RESIDENCE;
   (F) THE DECEDENT IS FOUND BY A CURRENT OR PREVIOUS PARTNER;
   (G) THERE IS A HISTORY OF BEING VICTIMIZED BY DOMESTIC  VIOLENCE  THAT
 INCLUDES STRANGULATION OR SUFFOCATION;
   (H)  THE  CURRENT OR PREVIOUS PARTNER OF THE DECEDENT, OR CHILD OF THE
 DECEDENT OR THE DECEDENT'S CURRENT OR PREVIOUS PARTNER, IS THE  LAST  TO
 SEE THE DECEDENT ALIVE;
   (I)  THE  PARTNER  HAD  CONTROL  OF  THE  SCENE BEFORE LAW ENFORCEMENT
 ARRIVED; OR
   (J) THE BODY OF THE DECEDENT HAS BEEN MOVED  OR  THE  SCENE  OR  OTHER
 EVIDENCE IS ALTERED IN SOME WAY.
   4.  DURING  THE  PENDENCY OF SUCH INVESTIGATION AND ANY REVIEW, FAMILY
 MEMBERS AND CLOSE FRIENDS OF THE  DECEDENT  SHALL  HAVE  ACCESS  TO  ALL
 VICTIM  SERVICES  AND  SUPPORT PROVIDED UNDER ARTICLE TWENTY-TWO OF THIS
 CHAPTER.
   5. IN THE EVENT THAT A LOCAL LAW ENFORCEMENT AGENCY  MAKES  A  FINDING
 THAT  THE DEATH IS NOT A HOMICIDE AND CLOSES THE CASE, FAMILY MEMBERS OR
 CLOSE FRIENDS OF THE DECEDENT OR THEIR  LEGAL  COUNSEL  SHALL  HAVE  THE
 RIGHT TO:
   (A)  REQUEST ANY AND ALL RECORDS OF THE INVESTIGATION CURRENTLY AVAIL-
 ABLE UNDER THE NEW YORK FREEDOM OF INFORMATION LAW; AND
   (B) REQUEST AN AUTOPSY  AND  SECOND  OPINION  FROM  A  BOARD-CERTIFIED
 FORENSIC PATHOLOGIST CERTIFIED BY THE AMERICAN BOARD OF PATHOLOGY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.