S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9050

                          I N  A S S E M B L Y

                             March 11, 2014
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the executive law, in relation to reporting of programs
  available to survivors of domestic violence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section 575 of the executive law is amended by adding a
new subdivision 11 to read as follows:
  11. LEGISLATIVE INTENT. (A) THE LEGISLATURE HEREBY FINDS THAT DOMESTIC
VIOLENCE IS A PERVASIVE PROBLEM IN NEW  YORK  STATE,  WITH  HUNDREDS  OF
THOUSANDS OF INCIDENTS BEING REPORTED EACH YEAR. THE LEGISLATURE FURTHER
FINDS  THAT DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAMS HAVE THE POTEN-
TIAL TO IMPROVE THE  STATE'S  ABILITY  TO  PROSECUTE  SUCH  CRIMES,  AND
ENHANCE  THE  PROVISION OF TREATMENT AND SERVICES TO VICTIMS. THEREFORE,
THE LEGISLATURE FINDS IT PRUDENT AND NECESSARY TO REQUIRE  A  COMPREHEN-
SIVE EVALUATION OF EXISTING SERVICES AND SUCH FORENSIC EXAMINER PROGRAMS
TO DETERMINE HOW TO BEST REDUCE AND ADDRESS DOMESTIC VIOLENCE WITHIN THE
STATE.
  (B)  ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN, THE EXECU-
TIVE DIRECTOR OF THE OFFICE FOR  THE  PREVENTION  OF  DOMESTIC  VIOLENCE
SHALL,  IN  CONJUNCTION  WITH THE COMMISSIONER OF HEALTH AND THE COMMIS-
SIONER OF CRIMINAL JUSTICE SERVICES, PROVIDE A  REPORT  AND  RECOMMENDA-
TIONS  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY  REGARDING  THE  POTENTIAL  ESTABLISHMENT  OF  A
STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM.
  (C)  SUCH REPORT AND RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  (I) THE TYPES OF TREATMENT PROGRAMS AND RESOURCES CURRENTLY  AVAILABLE
TO SURVIVORS OF DOMESTIC VIOLENCE;
  (II) AN EVALUATION OF ANY EXISTING DOMESTIC VIOLENCE FORENSIC EXAMINER
PROGRAMS, INCLUDING THEIR IMPACT ON DOMESTIC VIOLENCE PROSECUTIONS;
  (III)  A  LIST  OF  CRIMINAL  OFFENSES FOR WHICH PROSECUTIONS COULD BE
AIDED BY A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04776-06-4
              

A. 9050                             2

  (IV) RECOMMENDATIONS REGARDING POTENTIAL PRACTICES AND PROTOCOLS  THAT
COULD ENHANCE THE COLLECTION OF EVIDENCE IN DOMESTIC VIOLENCE CASES, AND
IMPROVE THE QUALITY OF TREATMENT AND SERVICES PROVIDED TO VICTIMS; AND
  (V) AN EVALUATION OF FISCAL COSTS ASSOCIATED WITH THE ESTABLISHMENT OF
A  STATEWIDE  DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM, INCLUDING THE
POTENTIAL ROLE OF PRIVATE INSURANCE PROVIDERS AND  RECOMMENDED  MEASURES
TO AVOID SUBJECTING LOCAL GOVERNMENTAL UNITS TO ANY UNFUNDED MANDATE.
  S 2. This act shall take effect immediately.