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

                                  2005

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

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 SEVENTEEN, THE EXEC-
UTIVE  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02766-01-5
              

A. 2005                             2

  (III) A LIST OF CRIMINAL OFFENSES  FOR  WHICH  PROSECUTIONS  COULD  BE
AIDED BY A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM;
  (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.