S T A T E O F N E W Y O R K
________________________________________________________________________
9928
I N S E N A T E
April 16, 2026
___________
Introduced by Sen. SALAZAR -- 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, in relation to the rights of sexual
assault survivors during the investigative process and establishing a
task force to study and assess sexual assault survivors' rights and
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 642 of the executive law, as added by chapter 94 of
the laws of 1984, subdivision 1 as amended by chapter 193 of the laws of
2006, subdivision 2-a as amended by chapter 301 by the laws of the 1991,
paragraph (a) of subdivision 2-a as amended by chapter 320 of the laws
of 2006, subdivision 3 as amended by chapter 893 of the laws of 1986,
subdivision 5 as amended by chapter 263 of the laws of 1986 and subdivi-
sion 6 as added by chapter 468 of the laws of 2025, is amended to read
as follows:
§ 642. Criteria for fair treatment standards. Such fair treatment
standards shall provide that:
1. The victim of a violent felony offense, a felony involving physical
injury to the victim, a felony involving property loss or damage in
excess of two hundred fifty dollars, a felony involving attempted or
threatened physical injury or property loss or damage in excess of two
hundred fifty dollars or a felony involving larceny against the person
shall, unless [he or she] THE VICTIM refuses or is unable to cooperate
or [his or her] THE VICTIM'S whereabouts are unknown, be consulted by
the district attorney in order to obtain the views of the victim regard-
ing disposition of the criminal case by dismissal, plea of guilty or
trial. In such a case in which the victim is a minor child, or in the
case of a homicide, the district attorney shall, unless the family
refuses or is unable to cooperate or [his, her or their] THE VICTIM'S
whereabouts are unknown, consult for such purpose with the family of the
victim. In addition, the district attorney shall, unless [he or she] THE
VICTIM'S (or, in the case in which the victim is a minor child or a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15154-04-6
S. 9928 2
victim of homicide, [his or her] THE VICTIM'S family) refuses or is
unable to cooperate or [his, her or their] THE VICTIM'S whereabouts are
unknown, consult and obtain the views of the victim or family of the
victim, as appropriate, concerning the release of the defendant in the
victim's case pending judicial proceedings upon an indictment, and
concerning the availability of sentencing alternatives such as community
supervision and restitution from the defendant. The failure of the
district attorney to so obtain the views of the victim or family of the
victim shall not be cause for delaying the proceedings against the
defendant nor shall it affect the validity of a conviction, judgment or
order.
2. The victims and other prosecution witnesses shall, where possible,
be provided, when awaiting court appearances, a secure waiting area that
is separate from all other witnesses.
[2-a. (a)] 3. FOR THE PURPOSES OF THIS SECTION, A "SEXUAL ASSAULT
SURVIVOR" OR "SURVIVOR" SHALL MEAN THE VICTIM OF A CRIME UNDER ARTICLE
ONE HUNDRED THIRTY OR SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW.
4. All police departments, as that term is defined in subdivision a of
section eight hundred thirty-seven-c of this chapter, district attor-
neys' offices and presentment agencies, as that term is defined in
subdivision twelve of section 301.2 of the family court act, shall
provide a private setting for interviewing [victims of a crime defined
in article one hundred thirty or section 255.25, 255.26 or 255.27 of the
penal law] SEXUAL ASSAULT SURVIVORS. For purposes of this subdivision,
"private setting" shall mean an enclosed room from which the occupants
are not visible or otherwise identifiable, and whose conversations
cannot be heard, from outside such room. Only (i) those persons directly
and immediately related to the interviewing of a particular victim, (ii)
[the victim] LEGAL COUNSEL RETAINED BY THE VICTIM, (iii) A SUPPORT
PERSON OF THE VICTIM'S CHOOSING, (IV) a social worker, rape crisis coun-
selor, psychologist or other professional providing emotional support to
the victim, unless the victim objects to the presence of such person and
requests the exclusion of such person from the interview OR INTERVIEWS,
and [(iv)] (V) where appropriate, the parent or parents of the victim,
if requested by the victim, shall be present during the interview OR
INTERVIEWS of the victim.
[(b)] 5. A SEXUAL ASSAULT SURVIVOR SHALL HAVE THE RIGHT TO BE INTER-
VIEWED BY A LAW ENFORCEMENT OFFICIAL OF THE GENDER OF THE SURVIVOR'S
CHOOSING. IF NO LAW ENFORCEMENT OFFICIAL OF THAT GENDER IS REASONABLY
AVAILABLE, THE SURVIVOR MAY BE INTERVIEWED BY AN AVAILABLE LAW ENFORCE-
MENT OFFICIAL ONLY UPON THE SURVIVOR'S CONSENT. BEFORE COMMENCING AN
INTERVIEW OF A SEXUAL ASSAULT SURVIVOR, A LAW ENFORCEMENT OFFICIAL SHALL
INFORM THE SURVIVOR OF SUCH RIGHT.
6. All police departments, as that term is defined in subdivision a of
section eight hundred thirty-seven-c of this chapter, shall provide
[victims of a crime defined in article one hundred thirty of the penal
law] SEXUAL ASSAULT SURVIVORS with the name, address, and telephone of
the nearest rape crisis center in writing.
[3.] 7. Law enforcement agencies and district attorneys shall promptly
return property held for evidentiary purposes unless there is a compel-
ling reason for retaining it relating to proof at trial.
[4.] 8. The victim or witness who so requests shall be assisted by law
enforcement agencies and district attorneys in informing employers that
the need for victim and witness cooperation in the prosecution of the
case may necessitate absence of that victim or witness from work. In
addition, a victim or witness who, as a direct result of a crime or of
S. 9928 3
cooperation with law enforcement agencies or the district attorney in
the investigation or prosecution of a crime is unable to meet obli-
gations to a creditor, creditors or others should be assisted by such
agencies or the district attorney in providing to such creditor, credi-
tors or others accurate information about the circumstances of the
crime, including the nature of any loss or injury suffered by the
victim, or about the victim's or witness' cooperation, where appropri-
ate.
[5.] 9. Victim assistance education and training, with special consid-
eration to be given to victims of domestic violence, sex offense
victims, elderly victims, child victims, and the families of homicide
victims, shall be given to persons taking courses at state law enforce-
ment training facilities and by district attorneys so that victims may
be promptly, properly and completely assisted.
[6.] 10. A victim of an assault may choose to make their statement at
their workplace provided such workplace was the scene of the assault and
is a hospital, emergency medical facility, nursing home, or residential
health care facility as defined in section twenty-eight hundred one of
the public health law, or is a facility or hospital as defined in
section 1.03 of the mental hygiene law. Law enforcement officers shall
inform the victim of their right to have their statement be taken at
such workplace when officers have reason to believe the victim was
assaulted pursuant to section 120.05 of the penal law.
§ 2. The executive law is amended by adding a new section 637 to read
as follows:
§ 637. SEXUAL ASSAULT SURVIVORS TASK FORCE. 1. A SEXUAL ASSAULT SURVI-
VORS TASK FORCE IS HEREBY ESTABLISHED TO STUDY, EVALUATE AND DETERMINE
THE RIGHTS OF SEXUAL ASSAULT VICTIMS AND THE SERVICES AVAILABLE TO THEM.
2. THE TASK FORCE SHALL INCLUDE NO MORE THAN FIFTEEN MEMBERS, SELECTED
AND STAFFED, UNLESS OTHERWISE INDICATED, BY THE OFFICE AND SHALL CONSIST
OF:
(A) THE DIRECTOR OR THE DIRECTOR'S DESIGNEE;
(B) A SURVIVOR OF SEXUAL ASSAULT WHO IS A RESIDENT OF NEW YORK STATE;
(C) A REPRESENTATIVE OF RAPE CRISIS CENTERS;
(D) A REPRESENTATIVE OF THE STATE DEPARTMENT OF EDUCATION, WHOSE OCCU-
PATIONAL DUTIES INCLUDE THE PROVISION OF DIRECT SERVICES TO VICTIMS OF
SEXUAL ASSAULT;
(E) A REPRESENTATIVE OF AN ORGANIZATION THAT PROVIDES SERVICES, EDUCA-
TION, OR OUTREACH TO COMMUNITIES OF COLOR OR IMMIGRANT COMMUNITIES;
(F) A REPRESENTATIVE OF AN ORGANIZATION THAT PROVIDES SERVICES, EDUCA-
TION, OR OUTREACH TO LESBIAN, GAY, BISEXUAL, AND TRANSGENDER INDIVID-
UALS; AND
(G) OTHER INDIVIDUALS OR REPRESENTATIVES SELECTED BY THE OFFICE.
3. THE TASK FORCE SHALL:
(A) RECOMMEND METHODS TO DEVELOP AND IMPLEMENT AN EFFECTIVE MECHANISM
FOR SUBMITTING, TRACKING AND INVESTIGATING COMPLAINTS REGARDING THE
HANDLING OF, OR RESPONSE TO, A SEXUAL ASSAULT REPORT OR INVESTIGATION BY
ANY AGENCY OR ORGANIZATION INVOLVED IN THE RESPONSE;
(B) DETERMINE THE NEED FOR ADDITIONAL SERVICES ACROSS NEW YORK STATE
FOR SURVIVORS OF SEXUAL ASSAULT, AND IF SUCH A NEED DOES EXIST, THE TASK
FORCE SHALL CREATE A PLAN FOR HOW THE STATE CAN PROVIDE ADDITIONAL SEXU-
AL ASSAULT SERVICES TO MEET THE NEEDS IDENTIFIED, AND DETERMINE THE COST
OF FUNDING SUCH A PLAN; AND
(C) EXAMINE THE NEED TO MAINTAIN THE TASK FORCE AFTER THE FINAL REPORT
IS ISSUED.
S. 9928 4
4. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR SERVICES.
5. THE TASK FORCE SHALL COLLECT DATA REGARDING ACCESS TO SEXUAL
ASSAULT SURVIVOR SERVICES, ACCESS TO SUPPORT DURING THE INVESTIGATIVE
PROCESS BY LAW ENFORCEMENT FOR THOSE THAT REPORT A SEXUAL ASSAULT, AND
ANY OTHER DATA IMPORTANT FOR ITS DELIBERATIONS AND RECOMMENDATIONS. THE
TASK FORCE SHALL COLLECT FEEDBACK FROM SURVIVORS OF SEXUAL ASSAULT,
STAKEHOLDERS, PRACTITIONERS, LEADERSHIP THROUGHOUT THE STATE, VICTIM
SERVICES PROVIDERS AND HEALTH CARE COMMUNITIES TO INFORM DEVELOPMENT OF
FUTURE BEST PRACTICES OR CLINICAL GUIDELINES REGARDING THE CARE AND
TREATMENT OF SURVIVORS.
6. NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE TASK FORCE SHALL PROVIDE A REPORT CONTAINING THE RESULTS OF
THE STUDY, INCLUDING ASSESSMENTS, DEVELOPMENTS, AND RECOMMENDATIONS, TO
THE GOVERNOR, ATTORNEY GENERAL, TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE THE
REPORT PUBLIC BY POSTING A COPY ON THE WEBSITE OF THE OFFICE.
7. THE TASK FORCE SHALL BE RECONVENED ON AN ONGOING BASIS EVERY FIVE
YEARS IN PERPETUITY, OR UNTIL IT IS DETERMINED THAT THE PROVISIONS OF
THIS SECTION HAVE BEEN EFFECTIVELY IMPLEMENTED TO ENSURE THE RIGHTS OF
ALL SURVIVORS IN NEW YORK STATE.
§ 3. This act shall take effect immediately.
