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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Feb 16, 2018 |
print number 9511a |
| Feb 16, 2018 |
amend (t) and recommit to ways and means |
| Jan 18, 2018 |
referred to ways and means |
Assembly Bill A9511A
2017-2018 Legislative Session
Enacts into law major components of legislation necessary to implement the women's agenda
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2017-A9511 - Details
- See Senate Version of this Bill:
- S7511
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2017-A9511 - Summary
Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B)
2017-A9511 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7511 A. 9511
S E N A T E - A S S E M B L Y
January 18, 2018
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the insurance law, the social services law, the educa-
tion law and the public health law, in relation to requiring health
insurance policies to include coverage of all FDA-approved contracep-
tive drugs, devices, and products, as well as voluntary sterilization
procedures, contraceptive education and counseling, and related follow
up services and prohibiting a health insurance policy from imposing
any cost-sharing requirements or other restrictions or delays with
respect to this coverage (Part A); to amend the penal law, the crimi-
nal procedure law, the county law and the judiciary law, in relation
to abortion; to repeal certain provisions of the public health law
relating to abortion; to repeal certain provisions of the education
law relating to the sale of contraceptives; and to repeal certain
provisions of the penal law relating to abortion (Part B); to amend
the public health law, in relation to establishing a maternal mortal-
ity review board (Part C); to amend the education law, in relation to
appointees to the state board for medicine (Part D); to amend the
penal law and the criminal procedure law, in relation to the
possession of weapons by domestic violence offenders; and to repeal
section 530.14 of the criminal procedure law and section 842-a of the
family court act relating thereto (Part E); to amend the penal law, in
relation to establishing the new crimes of sexual extortion in the
first, second and third degrees; to amend the family court act and the
criminal procedure law, in relation to adding unlawful publication of
sexual images and sexual extortion as crimes over which family courts
and criminal courts have concurrent jurisdiction in certain circum-
stances; to amend the penal law, in relation to establishing the new
crime of unlawful publication of sexual images (Part F); to amend the
public health law, in relation to extending the time of storage of
forensic rape kits by hospitals; and repealing certain provisions of
such law relating thereto (Part G); to amend the executive law, in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12676-01-8
S. 7511 2 A. 9511
relation to expanding the scope of unlawful discriminatory practices
to include public educational institutions (Part H); to amend the
state finance law, in relation to requiring contractors that do busi-
ness with the state to annually report the number of sexual harassment
violations (Subpart A); to amend the general business law, in relation
to discrimination based upon sexual harassment (Subpart B); to amend
the executive law and the public officers law, in relation to individ-
ual liability for sexual harassment (Subpart C); to amend the execu-
tive law and the general municipal law, in relation to the entering of
confidential settlements (Subpart D); to amend the public officers law
and the executive law, in relation to sexual harassment violations and
establishing a unit to receive and investigate such claims (Subpart
E); and to amend the executive law, the legislative law, the judiciary
law, the general municipal law and the public authorities law, in
relation to uniform standards for sexual harassment polices for all
branches of state and local governments (Subpart F) (Part I); relating
to the creation of computer science education standards (Part J); to
amend the education law, in relation to the creation of the "Be Aware,
Be Informed" awareness, prevention and education program (Part K); to
amend the public health law, in relation to providing feminine hygiene
products in public schools (Part L); and to amend the executive law,
in relation to standards requiring assembly group A occupancies and
mercantile group M occupancies to have diaper changing stations avail-
able for use by both male and female occupants (Part M)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to the Women's Agenda. Each component is wholly contained with-
in a Part identified as Parts A through M. The effective date for each
particular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Paragraph 16 of subsection (l) of section 3221 of the
insurance law, as added by chapter 554 of the laws of 2002, is amended
to read as follows:
(16) (A) Every group or blanket policy [which provides coverage for
prescription drugs shall include coverage for the cost of contraceptive
drugs or devices approved by the federal food and drug administration or
generic equivalents approved as substitutes by such food and drug admin-
istration under the prescription of a health care provider legally
authorized to prescribe under title eight of the education law. The
coverage required by this section shall be included in policies and
certificates only through the addition of a rider.
(A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
S. 7511 3 A. 9511
(1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL FDA-APPROVED OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
(A) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN
ITS FORMULARY, SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
(B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A GROUP OR BLANKET POLICY SHALL PROVIDE COVERAGE FOR AN
ALTERNATE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE
CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
(C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT COST-
SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER; AND
(D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
OF A CONTRACEPTIVE AT ONE TIME;
(2) VOLUNTARY STERILIZATION PROCEDURES;
(3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
(4) FOLLOW-UP SERVICES RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
(B) A GROUP OR BLANKET POLICY SUBJECT TO THIS PARAGRAPH SHALL NOT
IMPOSE A DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
(C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH, A GROUP OR
BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
AGE REQUIRED UNDER THIS PARAGRAPH.
(D) BENEFITS FOR AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
FOR AN ENROLLEE'S COVERED SPOUSE OR DOMESTIC PARTNER AND COVERED
NONSPOUSE DEPENDENTS.
(E) Notwithstanding any other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious tenets. If so requested, such
contract shall be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
(1) For purposes of this subsection, a "religious employer" is an
entity for which each of the following is true:
(a) The inculcation of religious values is the purpose of the entity.
(b) The entity primarily employs persons who share the religious
tenets of the entity.
(c) The entity serves primarily persons who share the religious tenets
of the entity.
(d) The entity is a nonprofit organization as described in Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
(2) Every religious employer that invokes the exemption provided under
this paragraph shall provide written notice to prospective enrollees
S. 7511 4 A. 9511
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
[(B) (i)] (F) (1) Where a group policyholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph each certificateholder covered
under the policy issued to that group policyholder shall have the right
to directly purchase the rider required by this paragraph from the
insurer which issued the group policy at the prevailing small group
community rate for such rider whether or not the employee is part of a
small group.
[(ii)] (2) Where a group policyholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph, the insurer that provides such
coverage shall provide written notice to certificateholders upon enroll-
ment with the insurer of their right to directly purchase a rider for
coverage for the cost of contraceptive drugs or devices. The notice
shall also advise the certificateholders of the additional premium for
such coverage.
[(C)] (G) Nothing in this paragraph shall be construed as authorizing
a group or blanket policy which provides coverage for prescription drugs
to exclude coverage for prescription drugs prescribed for reasons other
than contraceptive purposes.
[(D) Such coverage may be subject to reasonable annual deductibles and
coinsurance as may be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
§ 2. Subsection (cc) of section 4303 of the insurance law, as added by
chapter 554 of the laws of 2002, is amended to read as follows:
(cc) (1) Every contract [which provides coverage for prescription
drugs shall include coverage for the cost of contraceptive drugs or
devices approved by the federal food and drug administration or generic
equivalents approved as substitutes by such food and drug administration
under the prescription of a health care provider legally authorized to
prescribe under title eight of the education law. The coverage required
by this section shall be included in contracts and certificates only
through the addition of a rider.
(1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
(A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL FDA-APPROVED OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
(I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO
LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
ACCORDANCE WITH THIS SUBSECTION;
(II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
TIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE DRUG,
DEVICE, OR PRODUCT WITHOUT COST-SHARING;
(III) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT
COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
S. 7511 5 A. 9511
TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER; AND
(IV) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS
WORTH OF A CONTRACEPTIVE AT ONE TIME;
(B) VOLUNTARY STERILIZATION PROCEDURES;
(C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
(D) FOLLOW-UP SERVICES RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
(2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE A DEDUCT-
IBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
(3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION, A CONTRACT
SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
UNDER THIS SUBSECTION.
(4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE THE SAME
FOR AN ENROLLEE'S COVERED SPOUSE OR DOMESTIC PARTNER AND COVERED
NONSPOUSE DEPENDENTS.
(5) Notwithstanding any other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious tenets. If so requested, such
contract shall be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
(A) For purposes of this subsection, a "religious employer" is an
entity for which each of the following is true:
(i) The inculcation of religious values is the purpose of the entity.
(ii) The entity primarily employs persons who share the religious
tenets of the entity.
(iii) The entity serves primarily persons who share the religious
tenets of the entity.
(iv) The entity is a nonprofit organization as described in Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
(B) Every religious employer that invokes the exemption provided under
this paragraph shall provide written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
[(2)](6) (A) Where a group contractholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
paragraph [one] FIVE of this subsection, each enrollee covered under the
contract issued to that group contractholder shall have the right to
directly purchase the rider required by this subsection from the insurer
or health maintenance organization which issued the group contract at
the prevailing small group community rate for such rider whether or not
the employee is part of a small group.
(B) Where a group contractholder makes an election not to purchase
coverage for contraceptive drugs or devices in accordance with paragraph
[one] FIVE of this subsection, the insurer or health maintenance organ-
ization that provides such coverage shall provide written notice to
enrollees upon enrollment with the insurer or health maintenance organ-
ization of their right to directly purchase a rider for coverage for the
cost of contraceptive drugs or devices. The notice shall also advise the
enrollees of the additional premium for such coverage.
S. 7511 6 A. 9511
[(3)](7) Nothing in this subsection shall be construed as authorizing
a contract which provides coverage for prescription drugs to exclude
coverage for prescription drugs prescribed for reasons other than
contraceptive purposes.
[(4) Such coverage may be subject to reasonable annual deductibles and
coinsurance as may be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
§ 3. Subparagraph (E) of paragraph 17 of subsection (i) of section
3216 of the insurance law is amended by adding a new clause (v) to read
as follows:
(V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
INCLUDING ALL OVER-THE-COUNTER CONTRACEPTIVE DRUGS, DEVICES, AND
PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
LAW; VOLUNTARY STERILIZATION PROCEDURES; PATIENT EDUCATION AND COUN-
SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED TO THE DRUGS,
DEVICES, PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS OR
DELAYS ON THE COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT,
AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC AND
PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
THIS CLAUSE. IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT
VERSIONS OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING. THIS COVERAGE SHALL
INCLUDE EMERGENCY CONTRACEPTION WITHOUT COST-SHARING WHEN PROVIDED
PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT SPECIFIC REGIMEN
ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE
EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN THROUGH A
PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR THE DISPENSING
OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
§ 4. Paragraph (d) of subdivision 3 of section 365-a of the social
services law, as amended by chapter 909 of the laws of 1974 and as
relettered by chapter 82 of the laws of 1995, is amended to read as
follows:
(d) family planning services and supplies for eligible persons of
childbearing age, including children under twenty-one years of age who
can be considered sexually active, who desire such services and
supplies, in accordance with the requirements of federal law and regu-
lations and the regulations of the department. COVERAGE OF PRESCRIPTION
CONTRACEPTIVES, EXCLUDING EMERGENCY CONTRACEPTION, SHALL INCLUDE THE
DISPENSING OF A TWELVE-MONTH SUPPLY AT ONE TIME. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, THE PROVISION OF A TWELVE-MONTH SUPPLY OF
CONTRACEPTIVES UNDER THE MEDICAID PROGRAM SHALL NOT APPLY TO EMERGENCY
CONTRACEPTION. A PRESCRIPTION FOR CONTRACEPTIVES, WITH THE EXCEPTION OF
A PRESCRIPTION FOR EMERGENCY CONTRACEPTION, MAY BE FILLED TWELVE TIMES
WITHIN ONE YEAR FROM THE DATE THE PRESCRIBER INITIATED THE PRESCRIPTION.
No person shall be compelled or coerced to accept such services or
supplies.
S. 7511 7 A. 9511
§ 5. Subdivision 6 of section 6527 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
of the laws of 2015, paragraph (d) as added by chapter 429 of the laws
of 2005, paragraph (e) as added by chapter 352 of the laws of 2014,
paragraph (f) as added by section 6 of part V of chapter 57 of the laws
of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016,
is amended to read as follows:
6. A licensed physician may prescribe and order a non-patient specific
regimen [to a registered professional nurse], pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, [for] TO:
(a) A REGISTERED PROFESSIONAL NURSE FOR:
(I) administering immunizations[.];
[(b)] (II) the emergency treatment of anaphylaxis[.];
[(c)] (III) administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
[(d)] (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
[(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
[(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
(VII) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose[.]; OR
[(g)] (VIII) screening of persons at increased risk of syphilis,
gonorrhea and chlamydia.
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 6. Subdivision 3 of section 6807 of the education law, as added by
chapter 573 of the laws of 1999, is amended and a new subdivision 4 is
added to read as follows:
3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to a non-patient specific regimen
prescribed or ordered by a licensed physician, LICENSED MIDWIFE or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
4. A PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN OF EMER-
GENCY CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTITIONER, OR
LICENSED MIDWIFE, UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
ARTICLE.
§ 7. The education law is amended by adding a new section 6832 to read
as follows:
§ 6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION OR
ORDER. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
(A) "EMERGENCY CONTRACEPTION" MEANS ONE OR MORE PRESCRIPTION OR
NONPRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION, IN A DOSAGE
AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND
SAFE AND EFFECTIVE FOR THAT USE BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
(B) "PRESCRIBER" MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
TIONER OR LICENSED MIDWIFE.
S. 7511 8 A. 9511
2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF
EMERGENCY CONTRACEPTION BY A LICENSED PHARMACIST PURSUANT TO A
PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE. THIS SECTION DOES
NOT APPLY TO ADMINISTERING OR DISPENSING EMERGENCY CONTRACEPTION WHEN
LAWFULLY DONE WITHOUT SUCH A PRESCRIPTION OR ORDER.
3. THE ADMINISTERING OR DISPENSING OF EMERGENCY CONTRACEPTION BY A
REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF EMERGENCY CONTRACEP-
TION BY A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE WITH PROFES-
SIONAL STANDARDS OF PRACTICE AND IN ACCORDANCE WITH WRITTEN PROCEDURES
AND PROTOCOLS AGREED TO BY THE REGISTERED PROFESSIONAL NURSE OR LICENSED
PHARMACIST AND THE PRESCRIBER OR A HOSPITAL (LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT PROVIDES GYNECOLOGICAL OR
FAMILY PLANNING SERVICES.
4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED, THE
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL PROVIDE TO
THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE CLINICAL CONSIDER-
ATIONS AND RECOMMENDATIONS FOR USE OF THE DRUG; (II) THE APPROPRIATE
METHOD FOR USING THE DRUG; (III) INFORMATION ON THE IMPORTANCE OF
FOLLOW-UP HEALTH CARE; (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION RELAT-
ING TO HEALTH CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
VIOLENCE.
(B) SUCH WRITTEN MATERIAL SHALL BE DEVELOPED OR APPROVED BY THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
§ 8. Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
of 2015, paragraph (d) as added by chapter 429 of the laws of 2005,
paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
as added by section 5 of part V of chapter 57 of the laws of 2015 and
paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
read as follows:
4. A certified nurse practitioner may prescribe and order a non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three of section [six thousand nine] SIXTY-NINE hundred two of this
article, and consistent with the public health law, for:
(a) A REGISTERED PROFESSIONAL NURSE FOR:
(I) administering immunizations[.];
[(b)] (II) the emergency treatment of anaphylaxis[.];
[(c)] (III) administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
[(d)] (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
[(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
[(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
(VII) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose[.]; OR
S. 7511 9 A. 9511
[(g)] (VIII) screening of persons at increased risk for syphilis,
gonorrhea and chlamydia.
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 9. Subdivision 5 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, is amended to read as follows:
5. A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE
or certified nurse practitioner, pursuant to regulations promulgated by
the commissioner.
§ 10. Section 6951 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER,
CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
(A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED TO OR DISPENSED TO BE SELF-ADMINISTERED BY THE PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 11. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (o) to read as follows:
(O) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
§ 12. This act shall take effect January 1, 2019; provided that
section five of this act shall take effect January 1, 2020; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed by the commissioner of education and the board of regents
on or before such effective date.
PART B
Section 1. Section 4164 of the public health law is REPEALED.
§ 2. Subdivision 8 of section 6811 of the education law is REPEALED.
§ 3. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
law are REPEALED, and the article heading of article 125 of the penal
law is amended to read as follows:
HOMICIDE[, ABORTION] AND RELATED OFFENSES
§ 4. Section 125.00 of the penal law is amended to read as follows:
§ 125.00 Homicide defined.
Homicide means conduct which causes the death of a person [or an
unborn child with which a female has been pregnant for more than twen-
ty-four weeks] under circumstances constituting murder, manslaughter in
the first degree, manslaughter in the second degree, OR criminally
negligent homicide[, abortion in the first degree or self-abortion in
the first degree].
§ 5. The section heading, opening paragraph and subdivision 1 of
section 125.05 of the penal law are amended to read as follows:
Homicide[, abortion] and related offenses; [definitions of terms]
DEFINITION.
The following [definitions are] DEFINITION IS applicable to this arti-
cle:
S. 7511 10 A. 9511
[1.] "Person," when referring to the victim of a homicide, means a
human being who has been born and is alive.
§ 6. Subdivisions 2 and 3 of section 125.05 of the penal law are
REPEALED.
§ 7. Subdivision 2 of section 125.15 of the penal law is REPEALED.
§ 8. Subdivision 3 of section 125.20 of the penal law is REPEALED.
§ 9. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law,
[abortion in the second degree as defined in section 125.40 of the penal
law, abortion in the first degree as defined in section 125.45 of the
penal law,] rape in the third degree as defined in section 130.25 of the
penal law, rape in the second degree as defined in section 130.30 of the
penal law, rape in the first degree as defined in section 130.35 of the
penal law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, aggravated labor trafficking as defined in
section 135.37 of the penal law, custodial interference in the first
degree as defined in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second degree as
S. 7511 11 A. 9511
defined in section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in section 177.15 of
the penal law, health care fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal law, robbery in the third
degree as defined in section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law, criminal possession of
stolen property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section 170.40 of
the penal law, falsifying business records in the first degree as
defined in section 175.10 of the penal law, tampering with public
records in the first degree as defined in section 175.25 of the penal
law, offering a false instrument for filing in the first degree as
defined in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal law, criminal diversion of
prescription medications and prescriptions in the second degree as
defined in section 178.20 of the penal law, criminal diversion of
prescription medications and prescriptions in the first degree as
defined in section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of the penal law, residential mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape in the second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined in section 205.15 of the
penal law, absconding from temporary release in the first degree as
defined in section 205.17 of the penal law, promoting prison contraband
in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
S. 7511 12 A. 9511
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
§ 10. Subdivision 1 of section 673 of the county law, as added by
chapter 545 of the laws of 1965, is amended to read as follows:
1. A coroner or medical examiner has jurisdiction and authority to
investigate the death of every person dying within his county, or whose
body is found within the county, which is or appears to be:
(a) A violent death, whether by criminal violence, suicide or casual-
ty;
(b) A death caused by unlawful act or criminal neglect;
(c) A death occurring in a suspicious, unusual or unexplained manner;
(d) [A death caused by suspected criminal abortion;
(e)] A death while unattended by a physician, so far as can be discov-
ered, or where no physician able to certify the cause of death as
provided in the public health law and in form as prescribed by the
commissioner of health can be found;
[(f)] (E) A death of a person confined in a public institution other
than a hospital, infirmary or nursing home.
§ 11. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
§ 4. Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
divorce, seduction, [abortion,] rape, assault with intent to commit
rape, criminal sexual act, bastardy or filiation, the court may, in its
discretion, exclude therefrom all persons who are not directly inter-
ested therein, excepting jurors, witnesses, and officers of the court.
§ 12. This act shall take effect immediately.
PART C
Section 1. The public health law is amended by adding a new section
2509 to read as follows:
§ 2509. MATERNAL MORTALITY REVIEW BOARD. 1. THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT THE MATERNAL MORTALITY REVIEW BOARD FOR THE
PURPOSE OF REVIEWING MATERNAL DEATHS, DEFINED AS CESSATION OF RESPIRA-
TION AND CIRCULATION FOR A WOMAN WITHIN A YEAR FROM THE END OF PREGNAN-
CY, TO ASSESS THE CAUSE OF DEATH AND FACTORS LEADING TO DEATH AND
PREVENTABILITY FOR EACH MATERNAL DEATH REVIEWED AND TO DEVELOP STRATE-
GIES FOR REDUCING THE RISK OF MATERNAL MORTALITY, AND TO ASSESS AND
REVIEW MATERNAL MORBIDITY. THE MEMBERS OF THE BOARD SHALL BE COMPOSED OF
MULTIDISCIPLINARY EXPERTS IN THE FIELD OF MATERNAL MORTALITY. THE BOARD
SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS, ALL OF WHOM SHALL BE
APPOINTED BY THE COMMISSIONER. THE COMMISSIONER MAY DELEGATE THE AUTHOR-
ITY TO CONDUCT MATERNAL MORTALITY REVIEWS.
2. THE BOARD SHALL:
(A) MAKE RECOMMENDATIONS TO THE COMMISSIONER REGARDING THE PREVENTA-
BILITY OF EACH MATERNAL DEATH CASE BY REVIEWING RELEVANT INFORMATION FOR
EACH CASE IN THE STATE AND CONSULTING WITH EXPERTS AS NEEDED TO EVALUATE
THE INFORMATION FOR EACH DEATH. SUCH INFORMATION SHALL NOT BE SUBJECT TO
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
S. 7511 13 A. 9511
(B) KEEP CONFIDENTIAL ANY INFORMATION COLLECTED UNDER THIS SECTION AND
THIS INFORMATION SHALL BE USED SOLELY FOR THE PURPOSES OF IMPROVEMENT OF
THE QUALITY OF MEDICAL CARE OF WOMEN TO PREVENT MATERNAL MORTALITY.
ACCESS TO SUCH INFORMATION SHALL BE LIMITED TO BOARD MEMBERS AS WELL AS
THOSE AUTHORIZED BY THE DEPARTMENT. SUCH INFORMATION SHALL NOT BE ADMIS-
SIBLE AS EVIDENCE IN ANY ACTION OF ANY KIND IN ANY COURT OR BEFORE ANY
OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
(C) DEVELOP RECOMMENDATIONS TO THE COMMISSIONER FOR AREAS OF FOCUS,
INCLUDING ISSUES OF SEVERE MATERNAL MORBIDITY AND RACIAL DISPARITIES IN
MATERNAL OUTCOMES.
3. THE TERMS OF THE BOARD MEMBERS SHALL BE THREE YEARS FROM THE START
OF THEIR APPOINTMENT. THE COMMISSIONER MAY CHOOSE TO REAPPOINT BOARD
MEMBERS TO ADDITIONAL THREE YEAR TERMS.
4. A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE BOARD, NO LESS THAN
THREE, SHALL CONSTITUTE A QUORUM.
5. WHEN ANY MEMBER OF THE BOARD FAILS TO ATTEND THREE CONSECUTIVE
REGULAR MEETINGS, UNLESS SUCH ABSENCE IS FOR GOOD CAUSE, THAT MEMBERSHIP
MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF A SUCCESSOR.
6. MEETINGS OF THE BOARD SHALL BE HELD AT LEAST TWICE A YEAR BUT MAY
BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST OF THE
DEPARTMENT.
7. MEMBERS OF THE BOARD SHALL BE INDEMNIFIED PURSUANT TO SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW.
8. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE UPON REQUEST FROM
ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
OF OR ANY PUBLIC AUTHORITY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAM-
INERS, CORONERS, AND ANY CORONER PHYSICIANS AND ANY OTHER FACILITY
PROVIDING SERVICES ASSOCIATED WITH MATERNAL MORTALITY, SUCH INFORMATION,
INCLUDING, BUT NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS
AND ANY OTHER INFORMATION THAT WILL HELP THE DEPARTMENT UNDER THIS
SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
§ 2. This act shall take effect immediately.
PART D
Section 1. Section 6523 of the education law, as amended by chapter
364 of the laws of 1991, is amended to read as follows:
§ 6523. State board for medicine. A state board for medicine shall be
appointed by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department on
matters of professional licensing in accordance with section sixty-five
hundred eight of this title. The board shall be composed of not less
than twenty physicians licensed in this state for at least five years,
two of whom shall be doctors of osteopathy. AT LEAST ONE OF THE PHYSI-
CIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT ON
REDUCING HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE SHALL
BE AN EXPERT ON WOMEN'S HEALTH. The board shall also consist of not less
than two physician's assistants licensed to practice in this state. The
participation of physician's assistant members shall be limited to
matters relating to article one hundred thirty-one-B of this chapter. An
executive secretary to the board shall be appointed by the board of
regents on recommendation of the commissioner and shall be either a
S. 7511 14 A. 9511
physician licensed in this state or a non-physician, deemed qualified by
the commissioner and board of regents.
§ 2. This act shall take effect immediately.
PART E
Section 1. Subdivision 17 of section 265.00 of the penal law is
amended by adding a new paragraph (c) to read as follows:
(C) ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW: ASSAULT IN THE THIRD DEGREE; MENACING IN THE
THIRD DEGREE; MENACING IN THE SECOND DEGREE; RECKLESS ENDANGERMENT IN
THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
LATION; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE; COERCION IN THE
SECOND DEGREE; CRIMINAL MISCHIEF IN THE FOURTH DEGREE; CRIMINAL TAMPER-
ING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASS-
MENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE;
CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRESPASS IN THE SECOND
DEGREE; RECKLESS ENDANGERMENT OF PROPERTY; ARSON IN THE FIFTH DEGREE;
ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON
IN THE SECOND DEGREE; UNLAWFUL PUBLICATION OF SEXUAL IMAGES; ATTEMPT TO
COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
§ 2. The criminal procedure law is amended by adding a new section
370.20 to read as follows:
§ 370.20 PROCEDURE FOR DETERMINING WHETHER CERTAIN MISDEMEANOR CRIMES
ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
MENACING IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, RECKLESS
ENDANGERMENT IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION
IN THE SECOND DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE, CRIMINAL
TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE,
HARASSMENT IN THE FIRST DEGREE, AGGRAVATED HARASSMENT IN THE SECOND
DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE
SECOND DEGREE, RECKLESS ENDANGERMENT OF PROPERTY, ARSON IN THE FIFTH
DEGREE, ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISA-
BLED PERSON IN THE SECOND DEGREE, UNLAWFUL PUBLICATION OF SEXUAL
IMAGES, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, THE
PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN FORTY-FIVE DAYS AFTER
ARRAIGNMENT, FOR THE PURPOSE OF NOTIFICATION TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SECTION 380.98 OF THIS PART, SERVE ON THE
DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT
AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH CRIME WERE MEMBERS OF
THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER.
2. SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE
VICTIM OF SUCH CRIME AND SHALL SPECIFY THE NATURE OF THE ALLEGED
RELATIONSHIP AS SET FORTH IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
CHAPTER. UPON CONVICTION OF SUCH OFFENSE, THE COURT SHALL ADVISE THE
DEFENDANT THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE ALLEGA-
TION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN ADJOURNMENT OF THE
SENTENCING PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT IF
SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL BE
REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
S. 7511 15 A. 9511
3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED IN SUBDIVISION
TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
RECORD OR IN WRITING, THAT HE OR SHE IS RELATED OR SITUATED TO THE
VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
PURPOSES OF SECTION 380.98 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE WITH RESPECT TO SUCH
ALLEGATION, THEN THE PEOPLE SHALL BEAR THE BURDEN TO PROVE BEYOND A
REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
IN THE MANNER ALLEGED IN THE NOTICE. THE COURT MAY CONSIDER RELIABLE
HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT
TO THE DETERMINATION OF THE ALLEGATION. FACTS PREVIOUSLY PROVEN AT TRIAL
OR ELICITED AT THE TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED
ESTABLISHED BEYOND A REASONABLE DOUBT AND SHALL NOT BE RELITIGATED. AT
THE CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR ADMISSION,
AS APPLICABLE, THE COURT SHALL MAKE A SPECIFIC WRITTEN DETERMINATION
WITH RESPECT TO SUCH ALLEGATION.
§ 3. The criminal procedure law is amended by adding a new section
380.98 to read as follows:
§ 380.98 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF
CERTAIN MISDEMEANOR CONVICTIONS.
UPON JUDGMENT OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING
IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, RECKLESS ENDANGER-
MENT IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION IN THE
SECOND DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE, CRIMINAL TAMPER-
ING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASS-
MENT IN THE FIRST DEGREE, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE,
CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND
DEGREE, RECKLESS ENDANGERMENT OF PROPERTY, ARSON IN THE FIFTH DEGREE,
ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON
IN THE SECOND DEGREE, UNLAWFUL PUBLICATION OF SEXUAL IMAGES, OR ATTEMPT
TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, WHEN THE DEFENDANT AND
VICTIM HAVE BEEN DETERMINED, PURSUANT TO SECTION 370.20 OF THIS PART, TO
BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE
OF SECTION 530.11 OF THIS CHAPTER, THE CLERK OF THE COURT SHALL INCLUDE
NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION IN A REPORT OF SUCH
CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TO ENABLE THE
DIVISION TO REPORT SUCH DETERMINATION TO THE FEDERAL BUREAU OF INVESTI-
GATION AND ASSIST THE BUREAU IN IDENTIFYING PERSONS PROHIBITED FROM
PURCHASING AND POSSESSING A FIREARM OR OTHER WEAPON DUE TO CONVICTION
OF AN OFFENSE SPECIFIED IN PARAGRAPH C OF SUBDIVISION SEVENTEEN OF
SECTION 265.00 OF THE PENAL LAW.
§ 4. Section 530.14 of the criminal procedure law is REPEALED and a
new section 530.14 is added to read as follows:
§ 530.14 SUSPENSION AND REVOCATION OF A LICENSE TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO
SECTION 400.00 OF THE PENAL LAW AND INELIGIBILITY FOR SUCH A
LICENSE; ORDER TO SURRENDER WEAPONS.
1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT TO
SUBDIVISION ONE OF SECTION 530.12 OR SUBDIVISION ONE OF SECTION 530.13
OF THIS ARTICLE THE COURT SHALL SUSPEND ANY FIREARMS LICENSE POSSESSED
BY THE DEFENDANT, ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND
ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
S. 7511 16 A. 9511
400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND
ANY OTHER FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SUBDIVISION
FIVE OF SECTION 530.12 OR SUBDIVISION FOUR OF SECTION 530.13 OF THIS
ARTICLE THE COURT SHALL REVOKE, SUSPEND OR CONTINUE TO SUSPEND ANY
FIREARMS LICENSE POSSESSED BY THE DEFENDANT, ORDER THE DEFENDANT INELI-
GIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW, OF ALL PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY
THE DEFENDANT.
3. WHENEVER A DEFENDANT HAS BEEN FOUND PURSUANT TO SUBDIVISION ELEVEN
OF SECTION 530.12 OR SUBDIVISION EIGHT OF SECTION 530.13 OF THIS ARTICLE
TO HAVE WILLFULLY FAILED TO OBEY AN ORDER OF PROTECTION ISSUED BY A
COURT OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITO-
RIAL OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
PURSUANT TO SUBDIVISION ELEVEN OF SECTION 530.12 OR SUBDIVISION EIGHT OF
SECTION 530.13 OF THIS ARTICLE, THE COURT SHALL REVOKE, SUSPEND OR
CONTINUE TO SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE DEFENDANT,
ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDI-
ATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER
FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
4. SUSPENSION. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
SHALL REMAIN IN EFFECT FOR THE DURATION OF THE TEMPORARY ORDER OF
PROTECTION OR ORDER OF PROTECTION, UNLESS MODIFIED OR VACATED BY THE
COURT.
5. SURRENDER. (A) WHERE AN ORDER TO SURRENDER ONE OR MORE PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS OR OTHER FIREARMS HAS BEEN ISSUED, THE
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL SPECIFY THE
PLACE WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT POSSI-
BLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL DIRECT THE
AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY NOTIFY THE
COURT OF SUCH SURRENDER.
(B) THE PROMPT SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO
THIS SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE COURT TO ORDER AND
DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER FIREARMS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO SECTION
530.12 OR 530.13 OF THIS ARTICLE.
6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION,
SUSPENSION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT TO THIS SECTION,
ANY TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL
STATE THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR REVOKED OR THAT
THE DEFENDANT IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND
THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY PISTOL, REVOLVER,
RIFLE, SHOTGUN OR OTHER FIREARM.
S. 7511 17 A. 9511
(B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE DEFEND-
ANT INELIGIBLE FOR SUCH A LICENSE, OR ORDERING THE SURRENDER OF ANY
PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL IMMEDIATELY
NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY CONCERN-
ING SUCH ACTION AND, IN THE CASE OF ORDERS OF PROTECTION AND TEMPORARY
ORDERS OF PROTECTION ISSUED PURSUANT TO SECTION 530.12 OF THIS ARTICLE,
SHALL IMMEDIATELY NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION.
(C) THE COURT REVOKING OR SUSPENDING THE LICENSE OR ORDERING THE
DEFENDANT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THERE-
OF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS
OFFICE IN THE CITY OF ALBANY.
(D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY CONSTITUTED
POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
7. HEARING. THE DEFENDANT SHALL HAVE THE RIGHT TO A HEARING BEFORE
THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER PRIOR
TO A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEAR-
ING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE
SUCH ORDER WAS ISSUED.
8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
ISSUANCE OF A TEMPORARY ORDER OF PROTECTION OR THE TIMELY ARRAIGNMENT OF
A DEFENDANT IN CUSTODY.
§ 5. Section 842-a of the family court act is REPEALED and a new
section 842-a is added to read as follows:
§ 842-A. SUSPENSION AND REVOCATION OF A LICENSE TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO SECTION 400.00 OF
THE PENAL LAW AND INELIGIBILITY FOR SUCH A LICENSE; ORDER TO SURRENDER
WEAPONS. 1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT
TO SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT THE COURT SHALL
SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE RESPONDENT, ORDER THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW,
OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS
OWNED OR POSSESSED BY THE RESPONDENT.
2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SECTION EIGHT
HUNDRED FORTY-ONE OF THIS PART, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX,
SEVEN OR TEN OF THIS ACT THE COURT SHALL REVOKE, SUSPEND OR CONTINUE TO
SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE RESPONDENT, ORDER THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW,
OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED
OR POSSESSED BY THE RESPONDENT.
3. WHENEVER A RESPONDENT HAS BEEN FOUND PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-A OF THIS PART TO HAVE WILLFULLY FAILED TO OBEY AN
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO
THIS ACT OR THE DOMESTIC RELATIONS LAW, OR BY THIS COURT OR BY A COURT
OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITORIAL
OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
S. 7511 18 A. 9511
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-A OF THIS PART, THE COURT
SHALL REVOKE, SUSPEND OR CONTINUE TO SUSPEND ANY FIREARMS LICENSE
POSSESSED BY THE RESPONDENT, ORDER THE RESPONDENT INELIGIBLE FOR SUCH A
LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
OF SECTION 400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY THE RESPONDENT.
4. SUSPENSION. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
SHALL REMAIN IN EFFECT FOR THE DURATION OF THE TEMPORARY ORDER OF
PROTECTION OR ORDER OF PROTECTION, UNLESS MODIFIED OR VACATED BY THE
COURT.
5. SURRENDER. (A) WHERE AN ORDER TO SURRENDER ONE OR MORE PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS OR OTHER FIREARMS HAS BEEN ISSUED, THE
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL SPECIFY THE
PLACE WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT
POSSIBLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL
DIRECT THE AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY
NOTIFY THE COURT OF SUCH SURRENDER.
(B) THE PROMPT SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO
THIS SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE COURT TO ORDER AND
DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER FIREARMS OWNED OR POSSESSED BY A RESPONDENT PURSUANT TO THIS
ACT.
6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION, SUSPEN-
SION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT TO THIS SECTION, ANY
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL STATE
THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR REVOKED OR THAT THE
RESPONDENT IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND THAT
THE RESPONDENT IS PROHIBITED FROM POSSESSING ANY PISTOL, REVOLVER,
RIFLE, SHOTGUN OR OTHER FIREARM.
(B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE, OR ORDERING THE SURRENDER OF
ANY PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL IMMEDIATELY
NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY
CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION.
(C) THE COURT REVOKING OR SUSPENDING THE LICENSE OR ORDERING THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THER-
EOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS
OFFICE IN THE CITY OF ALBANY.
(D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY CONSTITUTED
POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
7. HEARING. THE RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE
THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN
S. 7511 19 A. 9511
THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER
PRIOR TO A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A
HEARING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE
DATE SUCH ORDER WAS ISSUED.
8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
ISSUANCE OF A TEMPORARY ORDER OF PROTECTION.
§ 6. Subdivision 4 of section 265.01 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
(4) He OR SHE possesses a rifle, shotgun, antique firearm, black
powder rifle, black powder shotgun, or any muzzle-loading firearm, and
has been convicted of a felony or serious offense OR IS THE SUBJECT OF
AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION OF A
FELONY OR SERIOUS OFFENSE; or
§ 7. Paragraph (c) of subdivision 1 of section 400.00 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(c) who has not been convicted anywhere of a felony or a serious
offense OR WHO IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE;
§ 8. This act shall take effect on the thirtieth day after it shall
have become a law.
PART F
Section 1. The penal law is amended by adding three new sections
250.62, 250.63 and 250.64 to read as follows:
§ 250.62 SEXUAL EXTORTION IN THE THIRD DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE THIRD DEGREE WHEN HE OR
SHE, WITH THE INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER
OWN SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON TO EXPOSE
HIS OR HER SEXUAL OR INTIMATE PARTS OR ENGAGE IN SEXUAL CONDUCT BY
INSTILLING A FEAR IN HIM OR HER THAT, IF THE DEMAND IS NOT COMPLIED
WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO HARM ANOTHER PERSON WITH
RESPECT TO HIS OR HER HEALTH, SAFETY, BUSINESS, CAREER, FINANCIAL CONDI-
TION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE THIRD DEGREE IS A CLASS E FELONY.
§ 250.63 SEXUAL EXTORTION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE SECOND DEGREE WHEN HE OR
SHE WITH INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER OWN
SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON LESS THAN SEVEN-
TEEN YEARS OLD TO EXPOSE HIS OR HER SEXUAL OR INTIMATE PARTS OR ENGAGE
IN SEXUAL CONDUCT BY INSTILLING A FEAR IN HIM OR HER THAT, IF THE DEMAND
IS NOT COMPLIED WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO HARM
ANOTHER PERSON WITH RESPECT TO HIS OTHER HEALTH, SAFETY, BUSINESS,
CAREER, FINANCIAL CONDITION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 250.64 SEXUAL EXTORTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE FIRST DEGREE WHEN HE OR
SHE, WITH THE INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER
OWN SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON LESS THAN
FIFTEEN YEARS OLD TO EXPOSE HIS OR HER SEXUAL OR INTIMATE PARTS OR
ENGAGE IN SEXUAL CONDUCT BY INSTILLING A FEAR IN HIM OR HER THAT, IF THE
DEMAND IS NOT COMPLIED WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO
HARM ANOTHER PERSON WITH RESPECT TO HIS OR HER HEALTH, SAFETY, BUSINESS,
CAREER, FINANCIAL CONDITION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE FIRST DEGREE IS A CLASS C FELONY.
S. 7511 20 A. 9511
§ 2. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 526 of the laws of 2013, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault in the
third degree, an attempted assault, identity theft in the first degree,
identity theft in the second degree, identity theft in the third degree,
grand larceny in the fourth degree, grand larceny in the third degree or
coercion in the second degree as set forth in subdivisions one, two and
three of section 135.60 of the penal law, UNLAWFUL PUBLICATION OF SEXUAL
IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL LAW, SEXUAL EXTORTION
IN THE THIRD DEGREE AS SET FORTH IN SECTION 250.62 OF THE PENAL LAW,
SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN SECTION 250.63 OF
THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE AS SET FORTH IS
SECTION 250.64 OF THE PENAL LAW between spouses or former spouses, or
between parent and child or between members of the same family or house-
hold except that if the respondent would not be criminally responsible
by reason of age pursuant to section 30.00 of the penal law, then the
family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal court shall not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding pursuant
to this article, a court shall not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events alleged
are not relatively contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion of the dispositional
hearing. For purposes of this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this article,
"members of the same family or household" shall mean the following:
§ 3. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 526 of the laws of 2013, is amended to read
as follows:
(a) An allegation that the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one of section 130.60 of the penal law, stalking, criminal
mischief, menacing, reckless endangerment, criminal obstruction of
breathing or blood circulation, strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny in the
third degree or coercion in the second degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law, UNLAWFUL
PUBLICATION OF SEXUAL IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL
LAW, SEXUAL EXTORTION IN THE THIRD DEGREE AS SET FORTH IN SECTION 250.62
S. 7511 21 A. 9511
OF THE PENAL LAW, SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN
SECTION 250.63 OF THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE
AS SET FORTH IN SECTION 250.64 OF THE PENAL LAW toward any such person;
§ 4. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 526 of the laws of 2013,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, strangulation in the first
degree, strangulation in the second degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree, an attempted assault, identity theft in the first
degree, identity theft in the second degree, identity theft in the third
degree, grand larceny in the fourth degree, grand larceny in the third
degree or coercion in the second degree as set forth in subdivisions
one, two and three of section 135.60 of the penal law, UNLAWFUL PUBLICA-
TION OF SEXUAL IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL LAW,
SEXUAL EXTORTION IN THE THIRD DEGREE AS AS SET FORTH IN SECTION 250.62
OF THE PENAL LAW, SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN
SECTION 250.63 OF THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE
AS SET FORTH IN SECTION 250.64 OF THE PENAL LAW between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this section, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
§ 5. The penal law is amended by adding a new section 250.61 to read
as follows:
§ 250.61 UNLAWFUL PUBLICATION OF SEXUAL IMAGES.
A PERSON IS GUILTY OF UNLAWFUL PUBLICATION OF SEXUAL IMAGES WHEN HE OR
SHE, WITH THE INTENT TO HARM OR CAUSE SERIOUS EMOTIONAL DISTRESS TO
ANOTHER: (A) PUBLISHES, BROADCASTS, OR IN ANY OTHER WAY DISSEMINATES
IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON PERSONALLY
KNOWN TO THEM; OR (B) COMPELS ANOTHER TO ENGAGE IN CONDUCT BY MEANS OF
INSTILLING FEAR THAT IF THE DEMAND TO ENGAGE IN SUCH CONDUCT IS NOT
COMPLIED WITH, HE OR SHE WILL PUBLISH, BROADCAST, OR IN ANY OTHER WAY
DISSEMINATE IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF ANOTHER
PERSON PERSONALLY KNOWN TO THEM, AND THE DEPICTED PERSON SUFFERS SERIOUS
EMOTIONAL DISTRESS AS A RESULT OF THE PUBLICATION, BROADCAST OR DISSEM-
INATION, OR THE COMPULSION THEREOF, AND THE PUBLICATION OR BROADCAST WAS
DONE WITHOUT CONSENT OF THE PERSON.
UNLAWFUL PUBLICATION OF A SEXUAL IMAGE IS A CLASS A MISDEMEANOR.
S. 7511 22 A. 9511
§ 6. This act shall take effect immediately, provided however that
sections two, three, and four of this act shall take effect on the first
of November next succeeding the date on which it shall have become a
law.
PART G
Section 1. Subdivision 4 of section 2805-i of the public health law is
REPEALED.
§ 2. Subdivision 2 of section 2805-i of the public health law, as
amended by chapter 504 of the laws of 1994, is amended to read as
follows:
2. The sexual offense evidence shall be collected and kept in a locked
separate and secure area for not less than [thirty days] THE LONGER OF
FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM REACHES THE AGE
OF NINETEEN, unless: (a) such evidence is not privileged and the police
request its surrender before that time, which request shall be complied
with; or (b) such evidence is privileged and (i) the alleged sexual
offense victim nevertheless gives permission to turn such privileged
evidence over to the police before that time, or (ii) the alleged sexual
offense victim signs a statement directing the hospital to not collect
and keep such privileged evidence, which direction shall be complied
with. The sexual offense evidence shall include, but not be limited to,
slides, cotton swabs, clothing and other items. Where appropriate such
items must be refrigerated and the clothes and swabs must be dried,
stored in paper bags and labeled. Each item of evidence shall be marked
and logged with a code number corresponding to the patient's medical
record. [The] WITHIN THIRTY DAYS OF COLLECTION OF EVIDENCE, THE alleged
sexual offense victim shall be notified that after [thirty days] THE
LONGER OF FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM
REACHES THE AGE OF NINETEEN, the refrigerated evidence will be discarded
in compliance with state and local health codes and the alleged sexual
offense victim's clothes will be returned to the alleged sexual offense
victim upon request. THE HOSPITAL SHALL ENSURE THAT DILIGENT EFFORTS ARE
MADE TO CONTACT THE ALLEGED SEXUAL OFFENSE VICTIM AND REPEAT SUCH
NOTIFICATION MORE THAN THIRTY DAYS PRIOR TO THE EVIDENCE BEING DISCARDED
IN ACCORDANCE WITH THIS SECTION. HOSPITALS MAY ENTER INTO CONTRACTS WITH
OTHER ENTITIES THAT WILL ENSURE APPROPRIATE STORAGE OF SEXUAL OFFENSE
EVIDENCE PURSUANT TO THIS SUBDIVISION.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
(A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
(B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
§ 2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
S. 7511 23 A. 9511
article four of the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or applicant, by reason of his
race, color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
§ 3. This act shall take effect immediately.
PART I
Section 1. This Part enacts into law major components of legislation
which are necessary to combat sexual harassment in the workplace. Each
component is wholly contained within a Subpart identified as Subparts A
through F. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes a reference to a section "of
this act," when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this Part sets forth the general
effective date of the Part.
SUBPART A
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
§ 148. REPORTING OF SEXUAL HARASSMENT VIOLATIONS BY STATE CONTRACTORS.
1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
A. "STATE AGENCY" MEANS (1) (A) ANY STATE DEPARTMENT, OR (B) ANY DIVI-
SION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (C) THE
STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON
BEHALF OF THE STATE, OR (D) A BOARD OR COMMISSION, A MAJORITY OF WHOSE
MEMBERS ARE APPOINTED BY THE GOVERNOR; AND (2) A "STATE AUTHORITY", AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
B. "OWNER" MEANS AN OWNER OF A BUSINESS ENTITY, WHICH INCLUDES BUT IS
NOT LIMITED TO A SHAREHOLDER OF A CORPORATION THAT IS NOT PUBLICLY TRAD-
ED, A PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, A
MEMBER OF A LIMITED LIABILITY COMPANY, A GENERAL PARTNER OR LIMITED
PARTNER OF A LIMITED PARTNERSHIP.
C. "MANAGER" MEANS A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS ENTI-
TY, WHICH INCLUDES BUT IS NOT LIMITED TO A DIRECTOR OF A CORPORATION AND
A MANAGER OF A LIMITED LIABILITY COMPANY.
D. "SEXUAL HARASSMENT VIOLATION" MEANS A CLAIM OF SEXUAL HARASSMENT
THAT HAS BEEN DETERMINED TO BE SUBSTANTIATED IN ACCORDANCE WITH APPLICA-
BLE LAW OR THE INTERNAL POLICIES OF THE CONTRACTOR.
E. "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE IF
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDIVIDUAL'S EMPLOYMENT,
OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
S. 7511 24 A. 9511
HOSTILE OR OFFENSIVE WORK ENVIRONMENT, EVEN IF THE COMPLAINING INDIVID-
UAL IS NOT THE INTENDED TARGET OF THE SEXUAL HARASSMENT.
F. "CONTRACT" MEANS THE SAME AS "PROCUREMENT CONTRACT" AS DEFINED IN
SUBDIVISION G OF SECTION ONE HUNDRED THIRTY-NINE-K OF THE STATE FINANCE
LAW.
2. A CLAUSE SHALL BE INSERTED IN ALL CONTRACTS HEREAFTER MADE OR
AWARDED BY THE STATE, OR BY ANY STATE AGENCY, REQUIRING A CONTRACTOR TO
WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AS REQUIRED BY LAW,
TO CERTIFY TO THE OFFICE OF GENERAL SERVICES NOT LATER THAN JUNE THIRTI-
ETH OF EACH YEAR DURING THE TERM OF THE CONTRACT INFORMATION RELATING TO
THE ISSUE OF SEXUAL HARASSMENT, WHICH SHALL INCLUDE, AMONG OTHER THINGS,
THE FOLLOWING: (I) THE NUMBER OF SEXUAL HARASSMENT VIOLATIONS AND/OR
DETERMINATIONS ASSERTED AGAINST OR COMMITTED BY ANY OWNER, MANAGER, OR
EMPLOYEE OF THE CONTRACTOR IN THE PREVIOUS CALENDAR YEAR; (II) THE
NUMBER OF SETTLEMENT AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS THAT
HAVE BEEN EXECUTED BY THE CONTRACTOR IN THE PREVIOUS CALENDAR YEAR WHERE
SUCH SETTLEMENT AGREEMENT RESOLVES ANY SEXUAL HARASSMENT CLAIM ASSERTED
AGAINST OR COMMITTED BY ANY OWNER, MANAGER, OR EMPLOYEE OF THE CONTRAC-
TOR; AND (III) A DESCRIPTION OF TRAINING PROVIDED TO EMPLOYEES RELATING
TO SEXUAL HARASSMENT PREVENTION IN THE WORKPLACE. THE ABOVE-REFERENCED
CLAUSE SHALL ALSO REQUIRE THE CONTRACTOR TO SUBMIT SUCH CERTIFICATION
USING A FORM OF CERTIFICATION PROVIDED BY THE OFFICE OF GENERAL
SERVICES.
3. THE OFFICE OF GENERAL SERVICES SHALL PREPARE AN ANNUAL REPORT WHICH
IDENTIFIES THE AGGREGATE NUMBER OF SEXUAL HARASSMENT VIOLATIONS, THE
AGGREGATE NUMBER OF SETTLEMENT AGREEMENTS CONTAINING NONDISCLOSURE
PROVISIONS, AND THE AGGREGATE NUMBER OF BUSINESSES PROVIDING SEXUAL
HARASSMENT TRAINING IN THE WORKPLACE REPORTED TO THE OFFICE OF GENERAL
SERVICES DURING THE PRECEDING YEAR. THE REPORT SHALL BE PROVIDED TO THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE ON OR BEFORE NOVEMBER FIRST OF EACH YEAR COMMENCING WITH THE
NOVEMBER FIRST IN THE YEAR IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
THE LEGISLATION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
SUBPART B
Section 1. The general business law is amended by adding a new section
398-f to read as follows:
§ 398-F. CERTAIN CONTRACT CLAUSES; PROHIBITED. 1. DEFINITIONS. AS
USED IN THIS SECTION:
A. THE TERM "EMPLOYER" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
B. THE TERM "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL
ADVANCES, REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE
EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S
EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI-
VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH
INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
2. PROHIBITION. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO
EMPLOYER SHALL FORCE AN EMPLOYEE OR PROSPECTIVE EMPLOYEE TO ENTER INTO A
WRITTEN CONTRACT IF SUCH CONTRACT WOULD RESTRICT OR LIMIT SUCH EMPLOY-
S. 7511 25 A. 9511
EE'S ABILITY TO BRING OR ADJUDICATE CLAIMS RELATING TO UNLAWFUL DISCRI-
MINATORY PRACTICES BASED ON SEXUAL HARASSMENT IN ANY FORUM.
3. WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE-
MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
SUBPART C
Section 1. The executive law is amended by adding a new section 656 to
read as follows:
§ 656. INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT. A. FOR THE
PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME
SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE
EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S
EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI-
VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH
INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
B. THE OFFICE OF EMPLOYEE RELATIONS SHALL REVIEW ANY PROPOSED AGREED
JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
TINUANCE OR OTHER AGREEMENT TO RESOLVE ANY INTERNAL COMPLAINT, COMPLAINT
TO THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR NEW YORK DIVI-
SION OF HUMAN RIGHTS, OR OTHER COMPLAINT THAT HAS NOT BEEN FILED IN
STATE OR FEDERAL COURT, IF THE ACT OR OMISSION FROM WHICH SUCH COMPLAINT
AROSE INVOLVED SEXUAL HARASSMENT. THE OFFICE OF EMPLOYEE RELATIONS
SHALL NOT APPROVE SUCH AGREEMENT TO THE EXTENT SUCH AGREEMENT INCLUDES A
PROPOSAL FOR THE STATE TO INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE FOR
THE EMPLOYEE'S INDIVIDUAL LIABILITY WITH RESPECT TO THE COMPLAINT.
§ 2. Section 17 of the public officers law is amended by adding a new
subdivision 12 to read as follows:
12. (A) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR
EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING
AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR LAW, THE STATE
SHALL NOT INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE IN THE AMOUNT OF ANY
JUDGMENT OBTAINED AGAINST SUCH EMPLOYEE IN ANY STATE OR FEDERAL COURT,
OR IN THE AMOUNT OF ANY SETTLEMENT OF A CLAIM, AND SHALL NOT PAY SUCH
JUDGMENT OR SETTLEMENT IF THE ACT OR OMISSION FROM WHICH SUCH JUDGMENT
OR SETTLEMENT AROSE INVOLVED SEXUAL HARASSMENT.
§ 3. Paragraph (d) of subdivision 4 of section 18 of the public offi-
cers law is relettered paragraph (e) and a new paragraph (d) is added to
read as follows:
(D)(I) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (A) SUBMISSION TO
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF AN INDIVIDUAL'S EMPLOYMENT; (B) SUBMISSION TO OR REJECTION OF SUCH
S. 7511 26 A. 9511
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(II) NO PUBLIC ENTITY SHALL INDEMNIFY OR SAVE HARMLESS AN EMPLOYEE
WITH RESPECT TO THE AMOUNT OF ANY JUDGMENT OBTAINED AGAINST SUCH EMPLOY-
EE IN ANY STATE OR FEDERAL COURT, OR IN THE AMOUNT OF ANY SETTLEMENT OF
A CLAIM, OR PAY SUCH JUDGMENT OR SETTLEMENT IF THE ACT OR OMISSION FROM
WHICH SUCH JUDGMENT OR SETTLEMENT AROSE INVOLVED SEXUAL HARASSMENT.
§ 4. This act shall take effect immediately.
SUBPART D
Section 1. Section 63 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. (A) FOR THE PURPOSES OF THIS SECTION, SEXUAL HARASSMENT INCLUDES
UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL
OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH
CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF
AN INDIVIDUAL'S EMPLOYMENT; (2) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND
WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING,
BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
OF DISCONTINUANCE OR OTHERWISE, A STATE AGENCY OR A STATE OFFICIAL OR
EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY
TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION
RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE
COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER-
ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
THE COMPLAINANT.
§ 2. The general municipal law is amended by adding a new section 70-b
to read as follows:
§ 70-B. CONFIDENTIAL SETTLEMENTS. A. FOR THE PURPOSES OF THIS SECTION,
SEXUAL HARASSMENT INCLUDES UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXU-
AL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN:
(I) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A
TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR
REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR
EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT
HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK
PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
B. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND
WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING,
BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
S. 7511 27 A. 9511
OF DISCONTINUANCE OR OTHERWISE, A MUNICIPAL CORPORATION, OFFICIAL OR
EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY
TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION
RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE
COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER-
ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
THE COMPLAINANT.
§ 3. This act shall take effect immediately.
SUBPART E
Section 1. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
OR LEGISLATIVE EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR THE PURPOSES OF THIS
SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY
OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT,
SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL OR SUCH
CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S
WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE
WORKING ENVIRONMENT.
§ 2. Subdivision 4 of section 74 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
4. A. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in the manner
provided by law. Any such individual who knowingly and intentionally
violates the provisions of paragraph b, c, d or i of subdivision three
of this section shall be subject to a civil penalty in an amount not to
exceed ten thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. Any such individual who
knowingly and intentionally violates the provisions of paragraph a, e or
g of subdivision three of this section shall be subject to a civil
penalty in an amount not to exceed the value of any gift, compensation
or benefit received as a result of such violation.
B. SEXUAL HARASSMENT VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED
IN ANY OTHER PROVISION OF LAW ANY SUCH OFFICER, MEMBER OR EMPLOYEE WHO
SHALL VIOLATE THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO TEN THOUSAND
DOLLARS, AND MAY BE SUBJECT TO PROCEEDINGS FOR SUSPENSION OR REMOVAL
FROM OFFICE OR EMPLOYMENT BY THE ATTORNEY GENERAL OR IN THE MANNER
OTHERWISE PROVIDED BY LAW OR COLLECTIVE BARGAINING AGREEMENT.
§ 3. Subdivision 9 of section 94 of the executive law is amended by
adding a new paragraph (o) to read as follows:
(O) ESTABLISH A UNIT TO RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT THAT CONSTITUTE VIOLATIONS OF PARAGRAPH J OF SUBDIVISION
THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. SUCH UNIT
S. 7511 28 A. 9511
SHALL MAINTAIN A PHONE NUMBER TO RECEIVE COMPLAINTS, AND POST SUCH
NUMBER AND INSTRUCTIONS FOR FILING A COMPLAINT OF SEXUAL HARASSMENT ON
THE COMMISSION'S PUBLICLY ACCESSIBLE WEBSITE.
§ 4. Subdivision 13 of section 94 of the executive law is amended by
adding a new paragraph (d) to read as follows:
(D) FOR AN ALLEGED OR POSSIBLE VIOLATION OF PARAGRAPH J OF SUBDIVISION
THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, FILING A
COMPLAINT SHALL NOT CONSTITUTE AN ELECTION OF REMEDIES. AN INDIVIDUAL
SHALL NOT BE REQUIRED TO EXHAUST OTHER AVAILABLE ADMINISTRATIVE REMEDIES
TO FILE A COMPLAINT. NEITHER THE FILING OF A COMPLAINT OF THE CONCLUSION
OF ANY INVESTIGATION BY THE COMMISSION SHALL RESTRICT A COMPLAINANT'S
RIGHT TO BRING A SEPARATE ACTION ADMINISTRATIVELY OR IN A COURT OF LAW.
NOTICE TO ANY COMPLAINANT SHALL BE PROVIDED UPON THE CLOSURE OF ANY
INVESTIGATION. HOWEVER, THE INDIVIDUAL SHALL NOTIFY THE COMMISSION OF
ANY SEPARATE ADMINISTRATIVE ACTION OR ACTION IN THE COURT OF LAW RELAT-
ING TO THE SAME COMPLAINT. THE COMMISSION MAY STAY THE MATTER BEFORE IT
PENDING THE DETERMINATION/CONCLUSION OF THE SEPARATE ACTION.
§ 5. This act shall take effect immediately.
SUBPART F
Section 1. The executive law is amended by adding a new section 655 to
read as follows:
§ 655. SEXUAL HARASSMENT PREVENTION POLICY. A. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF EMPLOYEE RELATIONS
SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO EACH
AGENCY, OFFICE OR DEPARTMENT, WHICH SHALL INCLUDE INVESTIGATION PROCE-
DURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT PREVENTION
POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
(I) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(B) "EMPLOYEE" SHALL INCLUDE ANY AGENCY, OFFICE OR DEPARTMENT EMPLOY-
EE, CONTRACTOR, OR EMPLOYEE OF ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE
WORKPLACE OF ANY AGENCY, OFFICE OR DEPARTMENT.
(II) INSTRUCTIONS TO FILE A COMPLAINT. (A) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
EMPLOYMENT RELATIONS OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(B) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE ON THE AGENCY, OFFICE, OR DEPARTMENT'S
INTRANET. IF AN EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING
SUCH COMPLAINT SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD
S. 7511 29 A. 9511
COMPLAINT FORM. IF THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM,
THE PERSON SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(III) INVESTIGATION PROCEDURE. (A) THE OFFICE OF EMPLOYEE RELATIONS
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT FOR EACH AGENCY, OFFICE, AND DEPARTMENT. UPON RECEIPT OF A
COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGERIAL EMPLOYEE,
PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR SHALL IMME-
DIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDIVIDUAL, WHO SHALL
OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL ENSURE THAT HE OR
SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLEGATIONS IN THE
COMPLAINT, AND IF THERE IS ANY SUSPECTED CONFLICT OF INTEREST, THE INDI-
VIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF EMPLOYEE RELATIONS, WHICH
SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(B) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF EMPLOYEE
RELATIONS.
(C) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(D) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT, OR REMOVING THE ALLEGED
HARASSER FROM THE WORKPLACE.
(E) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(IV) COMPLETION OF THE INVESTIGATION. (A) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF
EMPLOYEE RELATIONS. SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(B) THE REPORT SHALL BE SUBMITTED TO THE COUNSEL AT THE AGENCY,
OFFICE, OR DEPARTMENT FOR REVIEW AND RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
S. 7511 30 A. 9511
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
B. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(I) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
ALL STATE AGENCIES, OFFICES, AND DEPARTMENTS;
(II) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(III) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(IV) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(V) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF STATE AGEN-
CIES, OFFICES, DEPARTMENTS, INCLUDING THE EXECUTIVE DEPARTMENT UPON
COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(VI) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF STATE AGENCIES, OFFICES, AND DEPARTMENTS, INCLUDING THE
EXECUTIVE DEPARTMENT.
C. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING HEREIN ABROGATES COMPLIANCE WITH ANY LAW, RULE,
OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE IS A
CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS SECTION,
SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. Article 5 of the legislative law is amended by adding a new
section 81 to read as follows:
§ 81. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE LEGISLATIVE ETHICS COMMIS-
SION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO
THE LEGISLATURE AND ALL LEGISLATIVE EMPLOYEES, WHICH SHALL INCLUDE
INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL
HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING ELEMENTS:
(A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY LEGISLATIVE EMPLOYEE, CONTRACTOR, OR
EMPLOYEE OF ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE WORKPLACE OF THE
LEGISLATURE.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
S. 7511 31 A. 9511
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGISLATIVE
ETHICS COMMISSION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF THE LEGISLATURE. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGISLATIVE ETHICS COMMISSION
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPER-
VISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE
ACTION ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE
DESIGNATED INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED
INDIVIDUAL SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF
INTEREST IN THE ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY
CONFLICT OF INTEREST, THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGIS-
LATIVE ETHICS COMMISSION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO
CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGISLATIVE ETHICS
COMMISSION.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
S. 7511 32 A. 9511
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATIVE
ETHICS COMMISSION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGISLATIVE ETHICS COMMISSION TO REVIEW THE REPORT AND MAKE A LEGAL
RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH
INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A
DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS
SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE LEGISLATURE;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE LEGIS-
LATURE UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE LEGISLATURE.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 3. The judiciary law is amended by adding a new section 219-d to
read as follows:
§ 219-D. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF COURT ADMINIS-
TRATION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE
TO THE JUDICIARY AND ALL JUDICIARY EMPLOYEES, WHICH SHALL INCLUDE INVES-
TIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT
PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
S. 7511 33 A. 9511
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF
ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE WORK PLACE OF THE JUDICIARY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
COURT ADMINISTRATION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE JUDICIARY. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE OFFICE OF COURT ADMINISTRATION
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF COURT ADMINIS-
TRATION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTI-
GATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF COURT ADMIN-
ISTRATION.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
S. 7511 34 A. 9511
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF COURT
ADMINISTRATION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGISLATIVE ETHICS COMMISSION TO REVIEW THE REPORT AND MAKE A LEGAL
RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH
INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A
DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS
SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE JUDICIARY;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE LEGIS-
LATURE UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE JUDICIARY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 4. The general municipal law is amended by adding a new section 686
to read as follows:
§ 686. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION SHALL REQUIRE
ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY,
APPLICABLE TO ALL EMPLOYEES OF SUCH POLITICAL SUBDIVISION, WHICH SHALL
INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE
SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
S. 7511 35 A. 9511
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTING OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE OR CONTRACTOR OF THE POLI-
TICAL SUBDIVISION OR ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF ANY
CONTRACTOR OR OTHER INDIVIDUAL IN THE WORKPLACE OF THE POLITICAL SUBDI-
VISION.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
OF THE POLITICAL SUBDIVISION BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE POLITICAL SUBDIVISION. IF AN EMPLOYEE
MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL
ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE
EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT
SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL OR OFFICE TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT.
UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGE-
RIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINIS-
TRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDI-
VIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL
ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLE-
GATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, THE
INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGAL COUNSEL.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
S. 7511 36 A. 9511
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGAL COUNSEL TO REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO
MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A
LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT
THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPRO-
PRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND
THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE POLI-
TICAL SUBDIVISION UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER;
AND
(E) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE POLITICAL SUBDIVISION.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 5. The public authorities law is amended by adding a new section
2854 to read as follows:
§ 2854. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY STATE AND LOCAL AUTHORITY
SHALL REQUIRE ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT
PREVENTION POLICY, APPLICABLE TO ALL EMPLOYEES OF SUCH AUTHORITY, WHICH
SHALL INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM.
THE SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE FOLLOWING ELEMENTS:
S. 7511 37 A. 9511
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE OR CONTRACTOR OF THE
AUTHORITY, OR ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF ANY CONTRACTOR OR
OTHER INDIVIDUAL IN THE WORKPLACE OF THE AUTHORITY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT SHALL ENSURE
AN INVESTIGATION IS OPENED IMMEDIATELY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF THE AUTHORITY. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT FOR THE
AUTHORITY. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATION IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE AUTHORITY.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
S. 7511 38 A. 9511
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW;
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED TO
REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND
THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE AUTHOR-
ITY UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE AUTHORITY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 6. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
S. 7511 39 A. 9511
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subject thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.
PART J
Section 1. Computer science education standards. 1. The governor
shall convene a working group of educators, industry experts, insti-
tutions of higher education and employers to review, develop or adapt
existing frameworks for model kindergarten through grade 12 computer
science standards. In conducting such reviews, the governor shall seek
the recommendations of teachers, school administrators, teacher educa-
tors and others with educational or technological expertise on improve-
ments to the standards in order to ensure that students are prepared, in
appropriate progression, for postsecondary education or employment.
2. On or before March 1, 2019, the working group shall deliver a
report detailing the findings of the working group and model kindergar-
ten through grade 12 computer science standards to the commissioner of
education.
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 305 of the education law is amended by adding a new
subdivision 58 to read as follows:
58. THE COMMISSIONER SHALL ESTABLISH AND DEVELOP A "BE AWARE, BE
INFORMED" AWARENESS, PREVENTION AND EDUCATION PROGRAM WITHIN THE DEPART-
MENT. SUCH PROGRAM SHALL BE DEFINED BY THE COMMISSIONER IN REGULATIONS
AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE DESIGNED TO
EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. SUCH PROGRAM SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) AGE-APPROPRIATE MODEL CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST
PRACTICE INSTRUCTIONAL RESOURCES FOR THE BE AWARE, BE INFORMED PROGRAM.
SUCH MODEL CURRICULUM, LESSON PLANS AND INSTRUCTIONAL RESOURCES SHALL BE
INCLUSIVE AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, ETHNICITY,
GENDER, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY AND INCLUDE
BUT NOT BE LIMITED TO:
(1) MODEL PROVISIONS DEVELOPED BY THE COMMISSIONER AFTER CONSULTATION
WITH EXPERTS IN THE FIELD, INCLUDING THE NEW YORK STATE COALITION
AGAINST DOMESTIC VIOLENCE, OR ITS SUCCESSOR, AND THE NATIONAL SEXUALITY
EDUCATION STANDARDS;
(2) FOR STUDENTS IN GRADES KINDERGARTEN THROUGH FOURTH GRADE:
(I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION-
SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA;
(II) SELF-ESTEEM AND SELF-WORTH;
(III) FRIENDSHIP AND EMPATHY; AND
(IV) AGE-APPROPRIATE MEDICALLY ACCURATE SEXUAL HEALTH.
S. 7511 40 A. 9511
(3) FOR STUDENTS IN FIFTH GRADE THROUGH TWELFTH GRADE: (I) A DEFI-
NITION OF TEEN DATING VIOLENCE; (II) RECOGNITION OF WARNING SIGNS ESTAB-
LISHED BY A DATING PARTNER; (III) CHARACTERISTICS OF A HEALTHY RELATION-
SHIP; (IV) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (V) SAFE USE
OF TECHNOLOGY; (VI) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE
IN A TEEN DATING VIOLENCE RELATIONSHIP; (VIII) AN OVERVIEW OF THE
SCHOOL'S POLICIES AND PROCEDURES ON TEEN DATING VIOLENCE; (IX) AN AGE-
APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT WITH THAT USED
IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER; AND (X) AGE
APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH. PROVIDED THAT FOR THE
PURPOSES OF BE AWARE, BE INFORMED "AGE APPROPRIATE" SHALL MEAN TOPICS,
MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND DEVELOP-
MENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERIENCE
LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE" SHALL
MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED RESEARCH
RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS AND AGEN-
CIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSOCIATION
AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(B) PUBLIC AVAILABILITY OF ALL MATERIALS FOR THE BE AWARE, BE INFORMED
PROGRAM ON A DEDICATED WEBPAGE ON THE DEPARTMENT'S INTERNET WEBSITE, AND
PROVIDED AT NO COST TO EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, CHARTER SCHOOL AND NONPUBLIC SCHOOL UPON REQUEST.
§ 2. This act shall take effect immediately.
PART L
Section 1. Title 6 of article 2 of the public health law, as added by
chapter 342 of the laws of 2014, is amended by adding a new section 267
to read as follows:
§ 267. FEMININE HYGIENE PRODUCTS IN SCHOOLS. ALL ELEMENTARY AND
SECONDARY PUBLIC SCHOOLS IN THE STATE SERVING STUDENTS IN ANY GRADE FROM
GRADE SIX THROUGH GRADE TWELVE SHALL PROVIDE FEMININE HYGIENE PRODUCTS
IN THE RESTROOMS OF SUCH SCHOOL BUILDING OR BUILDINGS. SUCH PRODUCTS
SHALL BE PROVIDED AT NO CHARGE TO STUDENTS.
§ 2. This act shall take effect July 1, 2018.
PART M
Section 1. Subdivision 15 of section 378 of the executive law is
renumbered as subdivision 18.
§ 2. Subdivision 16 of section 378 of the executive law is renumbered
subdivision 15 and two new subdivisions 16 and 17 are added to read as
follows:
16. STANDARDS REQUIRING THE INSTALLATION AND MAINTENANCE OF AT LEAST
ONE SAFE, SANITARY, AND CONVENIENT DIAPER CHANGING STATION, DECK, TABLE,
OR SIMILAR AMENITY WHICH SHALL BE AVAILABLE FOR USE BY BOTH MALE AND
FEMALE OCCUPANTS AND WHICH SHALL COMPLY WITH SECTION 603.5 (DIAPER
CHANGING TABLES) OF THE TWO THOUSAND NINE EDITION OF THE PUBLICATION
ENTITLED ICC A117.1, ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES,
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., ON EACH FLOOR LEVEL
CONTAINING A PUBLIC TOILET ROOM IN ALL NEWLY CONSTRUCTED BUILDINGS IN
THE STATE THAT HAVE ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY GROUP A
OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND IN ALL EXISTING BUILD-
INGS IN THE STATE THAT HAVE ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY
GROUP A OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND UNDERGO A
SUBSTANTIAL RENOVATION. THE COUNCIL SHALL PRESCRIBE THE TYPE OF RENO-
S. 7511 41 A. 9511
VATION TO BE DEEMED TO BE A SUBSTANTIAL RENOVATION FOR THE PURPOSES OF
THIS SUBDIVISION. THE COUNCIL MAY EXEMPT HISTORIC BUILDINGS FROM THE
REQUIREMENTS OF THIS SUBDIVISION.
17. STANDARDS REQUIRING THAT, IN EACH BUILDING THAT HAS ONE OR MORE
AREAS CLASSIFIED AS ASSEMBLY GROUP A OCCUPANCIES OR MERCANTILE GROUP M
OCCUPANCIES AND IN WHICH AT LEAST ONE DIAPER CHANGING STATION, DECK,
TABLE, OR SIMILAR AMENITY IS INSTALLED, A SIGN SHALL BE POSTED IN A
CONSPICUOUS PLACE IN EACH PUBLIC TOILET ROOM INDICATING THE LOCATION OF
THE NEAREST DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY
THAT IS AVAILABLE FOR USE BY THE GENDER USING SUCH PUBLIC TOILET ROOM.
THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY WITHOUT REGARD TO
WHETHER THE DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY WAS
INSTALLED VOLUNTARILY OR PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION
OR ANY OTHER APPLICABLE LAW, STATUTE, RULE, OR REGULATION. NO SUCH SIGN
SHALL BE REQUIRED IN A PUBLIC TOILET ROOM IN WHICH ANY DIAPER CHANGING
STATION, DECK, TABLE, OR SIMILAR AMENITY IS LOCATED.
§ 3. This act shall take effect January 1, 2019; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations by the secretary of state and/or by the state fire
prevention and building code council necessary for the implementation of
section two of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through M of this act shall be
as specifically set forth in the last section of such Parts.
2017-A9511A (ACTIVE) - Details
- See Senate Version of this Bill:
- S7511
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2017-A9511A (ACTIVE) - Summary
Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B)
2017-A9511A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7511--A A. 9511--A
S E N A T E - A S S E M B L Y
January 18, 2018
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, the social services law, the educa-
tion law and the public health law, in relation to requiring health
insurance policies to include coverage of all FDA-approved contracep-
tive drugs, devices, and products, as well as voluntary sterilization
procedures, contraceptive education and counseling, and related follow
up services and prohibiting a health insurance policy from imposing
any cost-sharing requirements or other restrictions or delays with
respect to this coverage (Part A); to amend the penal law, the crimi-
nal procedure law, the county law and the judiciary law, in relation
to abortion; to repeal certain provisions of the public health law
relating to abortion; to repeal certain provisions of the education
law relating to the sale of contraceptives; and to repeal certain
provisions of the penal law relating to abortion (Part B); to amend
the public health law, in relation to establishing a maternal mortal-
ity review board (Part C); to amend the education law, in relation to
appointees to the state board for medicine (Part D); to amend the
penal law and the criminal procedure law, in relation to the
possession of weapons by domestic violence offenders; and to repeal
section 530.14 of the criminal procedure law and section 842-a of the
family court act relating thereto (Part E); to amend the penal law, in
relation to establishing the new crimes of sexual extortion in the
first, second and third degrees; to amend the family court act and the
criminal procedure law, in relation to adding unlawful publication of
sexual images and sexual extortion as crimes over which family courts
and criminal courts have concurrent jurisdiction in certain circum-
stances; to amend the penal law, in relation to establishing the new
crime of unlawful publication of sexual images; and to amend the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12676-03-8
S. 7511--A 2 A. 9511--A
correction law, in relation to the definition of the term "sex
offense" (Part F); to amend the public health law, in relation to
extending the time of storage of forensic rape kits by hospitals; and
repealing certain provisions of such law relating thereto (Part G); to
amend the executive law, in relation to expanding the scope of unlaw-
ful discriminatory practices to include public educational insti-
tutions (Part H); to amend the state finance law, in relation to
requiring contractors that do business with the state to annually
report the number of sexual harassment violations (Subpart A); to
amend the general business law, in relation to discrimination based
upon sexual harassment (Subpart B); to amend the executive law and the
public officers law, in relation to individual liability for sexual
harassment (Subpart C); to amend the executive law and the general
municipal law, in relation to the entering of confidential settlements
(Subpart D); to amend the public officers law and the executive law,
in relation to sexual harassment violations and establishing a unit to
receive and investigate such claims (Subpart E); and to amend the
executive law, the legislative law, the judiciary law, the general
municipal law and the public authorities law, in relation to uniform
standards for sexual harassment polices for all branches of state and
local governments (Subpart F) (Part I); relating to the creation of
computer science education standards (Part J); to amend the education
law, in relation to the creation of the "Be Aware, Be Informed" aware-
ness, prevention and education program (Part K); to amend the public
health law, in relation to providing feminine hygiene products in
public schools (Part L); and to amend the executive law, in relation
to standards requiring assembly group A occupancies and mercantile
group M occupancies to have diaper changing stations available for use
by both male and female occupants (Part M)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to the Women's Agenda. Each component is wholly contained with-
in a Part identified as Parts A through M. The effective date for each
particular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Paragraph 16 of subsection (l) of section 3221 of the
insurance law, as added by chapter 554 of the laws of 2002, is amended
to read as follows:
(16) (A) Every group or blanket policy [which provides coverage for
prescription drugs shall include coverage for the cost of contraceptive
drugs or devices approved by the federal food and drug administration or
generic equivalents approved as substitutes by such food and drug admin-
istration under the prescription of a health care provider legally
authorized to prescribe under title eight of the education law. The
S. 7511--A 3 A. 9511--A
coverage required by this section shall be included in policies and
certificates only through the addition of a rider.
(A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
(1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL FDA-APPROVED OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
(A) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN
ITS FORMULARY, SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
(B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A GROUP OR BLANKET POLICY SHALL PROVIDE COVERAGE FOR AN
ALTERNATE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE
CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
(C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT COST-
SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER; AND
(D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
OF A CONTRACEPTIVE AT ONE TIME;
(2) VOLUNTARY STERILIZATION PROCEDURES;
(3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
(4) FOLLOW-UP SERVICES RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
(B) A GROUP OR BLANKET POLICY SUBJECT TO THIS PARAGRAPH SHALL NOT
IMPOSE A DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
(C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH, A GROUP OR
BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
AGE REQUIRED UNDER THIS PARAGRAPH.
(D) BENEFITS FOR AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
FOR AN ENROLLEE'S COVERED SPOUSE OR DOMESTIC PARTNER AND COVERED
NONSPOUSE DEPENDENTS.
(E) Notwithstanding any other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious tenets. If so requested, such
contract shall be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
(1) For purposes of this subsection, a "religious employer" is an
entity for which each of the following is true:
(a) The inculcation of religious values is the purpose of the entity.
(b) The entity primarily employs persons who share the religious
tenets of the entity.
(c) The entity serves primarily persons who share the religious tenets
of the entity.
S. 7511--A 4 A. 9511--A
(d) The entity is a nonprofit organization as described in Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
(2) Every religious employer that invokes the exemption provided under
this paragraph shall provide written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
[(B) (i)] (F) (1) Where a group policyholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph each certificateholder covered
under the policy issued to that group policyholder shall have the right
to directly purchase the rider required by this paragraph from the
insurer which issued the group policy at the prevailing small group
community rate for such rider whether or not the employee is part of a
small group.
[(ii)] (2) Where a group policyholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
subparagraph [(A)] (E) of this paragraph, the insurer that provides such
coverage shall provide written notice to certificateholders upon enroll-
ment with the insurer of their right to directly purchase a rider for
coverage for the cost of contraceptive drugs or devices. The notice
shall also advise the certificateholders of the additional premium for
such coverage.
[(C)] (G) Nothing in this paragraph shall be construed as authorizing
a group or blanket policy which provides coverage for prescription drugs
to exclude coverage for prescription drugs prescribed for reasons other
than contraceptive purposes.
[(D) Such coverage may be subject to reasonable annual deductibles and
coinsurance as may be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
§ 2. Subsection (cc) of section 4303 of the insurance law, as added by
chapter 554 of the laws of 2002, is amended to read as follows:
(cc) (1) Every contract [which provides coverage for prescription
drugs shall include coverage for the cost of contraceptive drugs or
devices approved by the federal food and drug administration or generic
equivalents approved as substitutes by such food and drug administration
under the prescription of a health care provider legally authorized to
prescribe under title eight of the education law. The coverage required
by this section shall be included in contracts and certificates only
through the addition of a rider.
(1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
(A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL FDA-APPROVED OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
(I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO
LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
ACCORDANCE WITH THIS SUBSECTION;
(II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
S. 7511--A 5 A. 9511--A
TIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE DRUG,
DEVICE, OR PRODUCT WITHOUT COST-SHARING;
(III) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT
COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER; AND
(IV) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS
WORTH OF A CONTRACEPTIVE AT ONE TIME;
(B) VOLUNTARY STERILIZATION PROCEDURES;
(C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
(D) FOLLOW-UP SERVICES RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
(2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE A DEDUCT-
IBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
(3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION, A CONTRACT
SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
UNDER THIS SUBSECTION.
(4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE THE SAME
FOR AN ENROLLEE'S COVERED SPOUSE OR DOMESTIC PARTNER AND COVERED
NONSPOUSE DEPENDENTS.
(5) Notwithstanding any other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious tenets. If so requested, such
contract shall be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
(A) For purposes of this subsection, a "religious employer" is an
entity for which each of the following is true:
(i) The inculcation of religious values is the purpose of the entity.
(ii) The entity primarily employs persons who share the religious
tenets of the entity.
(iii) The entity serves primarily persons who share the religious
tenets of the entity.
(iv) The entity is a nonprofit organization as described in Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
(B) Every religious employer that invokes the exemption provided under
this paragraph shall provide written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
[(2)](6) (A) Where a group contractholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance with
paragraph [one] FIVE of this subsection, each enrollee covered under the
contract issued to that group contractholder shall have the right to
directly purchase the rider required by this subsection from the insurer
or health maintenance organization which issued the group contract at
the prevailing small group community rate for such rider whether or not
the employee is part of a small group.
(B) Where a group contractholder makes an election not to purchase
coverage for contraceptive drugs or devices in accordance with paragraph
[one] FIVE of this subsection, the insurer or health maintenance organ-
ization that provides such coverage shall provide written notice to
S. 7511--A 6 A. 9511--A
enrollees upon enrollment with the insurer or health maintenance organ-
ization of their right to directly purchase a rider for coverage for the
cost of contraceptive drugs or devices. The notice shall also advise the
enrollees of the additional premium for such coverage.
[(3)](7) Nothing in this subsection shall be construed as authorizing
a contract which provides coverage for prescription drugs to exclude
coverage for prescription drugs prescribed for reasons other than
contraceptive purposes.
[(4) Such coverage may be subject to reasonable annual deductibles and
coinsurance as may be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
§ 3. Subparagraph (E) of paragraph 17 of subsection (i) of section
3216 of the insurance law is amended by adding a new clause (v) to read
as follows:
(V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
INCLUDING ALL OVER-THE-COUNTER CONTRACEPTIVE DRUGS, DEVICES, AND
PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
LAW; VOLUNTARY STERILIZATION PROCEDURES; PATIENT EDUCATION AND COUN-
SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED TO THE DRUGS,
DEVICES, PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS OR
DELAYS ON THE COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT,
AS DEFINED BY THE FDA, VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC AND
PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
THIS CLAUSE. IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT
VERSIONS OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING. THIS COVERAGE SHALL
INCLUDE EMERGENCY CONTRACEPTION WITHOUT COST-SHARING WHEN PROVIDED
PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT SPECIFIC REGIMEN
ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE
EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN THROUGH A
PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR THE DISPENSING
OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
§ 4. Paragraph (d) of subdivision 3 of section 365-a of the social
services law, as amended by chapter 909 of the laws of 1974 and as
relettered by chapter 82 of the laws of 1995, is amended to read as
follows:
(d) family planning services and supplies for eligible persons of
childbearing age, including children under twenty-one years of age who
can be considered sexually active, who desire such services and
supplies, in accordance with the requirements of federal law and regu-
lations and the regulations of the department. COVERAGE OF PRESCRIPTION
CONTRACEPTIVES, EXCLUDING EMERGENCY CONTRACEPTION, SHALL INCLUDE THE
DISPENSING OF A TWELVE-MONTH SUPPLY AT ONE TIME. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, THE PROVISION OF A TWELVE-MONTH SUPPLY OF
CONTRACEPTIVES UNDER THE MEDICAID PROGRAM SHALL NOT APPLY TO EMERGENCY
CONTRACEPTION. A PRESCRIPTION FOR CONTRACEPTIVES, WITH THE EXCEPTION OF
A PRESCRIPTION FOR EMERGENCY CONTRACEPTION, MAY BE FILLED TWELVE TIMES
S. 7511--A 7 A. 9511--A
WITHIN ONE YEAR FROM THE DATE THE PRESCRIBER INITIATED THE PRESCRIPTION.
No person shall be compelled or coerced to accept such services or
supplies.
§ 5. Subdivision 6 of section 6527 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
of the laws of 2015, paragraph (d) as added by chapter 429 of the laws
of 2005, paragraph (e) as added by chapter 352 of the laws of 2014,
paragraph (f) as added by section 6 of part V of chapter 57 of the laws
of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016,
is amended to read as follows:
6. A licensed physician may prescribe and order a non-patient specific
regimen [to a registered professional nurse], pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, [for] TO:
(a) A REGISTERED PROFESSIONAL NURSE FOR:
(I) administering immunizations[.];
[(b)] (II) the emergency treatment of anaphylaxis[.];
[(c)] (III) administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
[(d)] (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
[(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
[(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
(VII) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose[.]; OR
[(g)] (VIII) screening of persons at increased risk of syphilis,
gonorrhea and chlamydia.
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 6. Subdivision 3 of section 6807 of the education law, as added by
chapter 573 of the laws of 1999, is amended and a new subdivision 4 is
added to read as follows:
3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to a non-patient specific regimen
prescribed or ordered by a licensed physician, LICENSED MIDWIFE or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
4. A PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN OF EMER-
GENCY CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTITIONER, OR
LICENSED MIDWIFE, UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
ARTICLE.
§ 7. The education law is amended by adding a new section 6832 to read
as follows:
§ 6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION OR
ORDER. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
(A) "EMERGENCY CONTRACEPTION" MEANS ONE OR MORE PRESCRIPTION OR
NONPRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION, IN A DOSAGE
AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND
S. 7511--A 8 A. 9511--A
SAFE AND EFFECTIVE FOR THAT USE BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
(B) "PRESCRIBER" MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
TIONER OR LICENSED MIDWIFE.
2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF
EMERGENCY CONTRACEPTION BY A LICENSED PHARMACIST PURSUANT TO A
PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE. THIS SECTION DOES
NOT APPLY TO ADMINISTERING OR DISPENSING EMERGENCY CONTRACEPTION WHEN
LAWFULLY DONE WITHOUT SUCH A PRESCRIPTION OR ORDER.
3. THE ADMINISTERING OR DISPENSING OF EMERGENCY CONTRACEPTION BY A
REGISTERED PROFESSIONAL NURSE OR THE DISPENSING OF EMERGENCY CONTRACEP-
TION BY A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE WITH PROFES-
SIONAL STANDARDS OF PRACTICE AND IN ACCORDANCE WITH WRITTEN PROCEDURES
AND PROTOCOLS AGREED TO BY THE REGISTERED PROFESSIONAL NURSE OR LICENSED
PHARMACIST AND THE PRESCRIBER OR A HOSPITAL (LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT PROVIDES GYNECOLOGICAL OR
FAMILY PLANNING SERVICES.
4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED, THE
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL PROVIDE TO
THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE CLINICAL CONSIDER-
ATIONS AND RECOMMENDATIONS FOR USE OF THE DRUG; (II) THE APPROPRIATE
METHOD FOR USING THE DRUG; (III) INFORMATION ON THE IMPORTANCE OF
FOLLOW-UP HEALTH CARE; (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION RELAT-
ING TO HEALTH CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
VIOLENCE.
(B) SUCH WRITTEN MATERIAL SHALL BE DEVELOPED OR APPROVED BY THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
§ 8. Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
of 2015, paragraph (d) as added by chapter 429 of the laws of 2005,
paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
as added by section 5 of part V of chapter 57 of the laws of 2015 and
paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
read as follows:
4. A certified nurse practitioner may prescribe and order a non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three of section [six thousand nine] SIXTY-NINE hundred two of this
article, and consistent with the public health law, for:
(a) A REGISTERED PROFESSIONAL NURSE FOR:
(I) administering immunizations[.];
[(b)] (II) the emergency treatment of anaphylaxis[.];
[(c)] (III) administering purified protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
[(d)] (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
[(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
S. 7511--A 9 A. 9511--A
[(f)] (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
TO BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THIS TITLE;
(VII) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose[.]; OR
[(g)] (VIII) screening of persons at increased risk for syphilis,
gonorrhea and chlamydia.
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 9. Subdivision 5 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, is amended to read as follows:
5. A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE
or certified nurse practitioner, pursuant to regulations promulgated by
the commissioner.
§ 10. Section 6951 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER,
CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
(A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED TO OR DISPENSED TO BE SELF-ADMINISTERED BY THE PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
(B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
§ 11. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (o) to read as follows:
(O) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
§ 12. This act shall take effect January 1, 2019; provided that
section five of this act shall take effect January 1, 2020; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed by the commissioner of education and the board of regents
on or before such effective date.
PART B
Section 1. Section 4164 of the public health law is REPEALED.
§ 2. Subdivision 8 of section 6811 of the education law is REPEALED.
§ 3. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
law are REPEALED, and the article heading of article 125 of the penal
law is amended to read as follows:
HOMICIDE[, ABORTION] AND RELATED OFFENSES
§ 4. Section 125.00 of the penal law is amended to read as follows:
§ 125.00 Homicide defined.
Homicide means conduct which causes the death of a person [or an
unborn child with which a female has been pregnant for more than twen-
ty-four weeks] under circumstances constituting murder, manslaughter in
the first degree, manslaughter in the second degree, OR criminally
negligent homicide[, abortion in the first degree or self-abortion in
the first degree].
S. 7511--A 10 A. 9511--A
§ 5. The section heading, opening paragraph and subdivision 1 of
section 125.05 of the penal law are amended to read as follows:
Homicide[, abortion] and related offenses; [definitions of terms]
DEFINITION.
The following [definitions are] DEFINITION IS applicable to this arti-
cle:
[1.] "Person," when referring to the victim of a homicide, means a
human being who has been born and is alive.
§ 6. Subdivisions 2 and 3 of section 125.05 of the penal law are
REPEALED.
§ 7. Subdivision 2 of section 125.15 of the penal law is REPEALED.
§ 8. Subdivision 3 of section 125.20 of the penal law is REPEALED.
§ 9. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law,
[abortion in the second degree as defined in section 125.40 of the penal
law, abortion in the first degree as defined in section 125.45 of the
penal law,] rape in the third degree as defined in section 130.25 of the
penal law, rape in the second degree as defined in section 130.30 of the
penal law, rape in the first degree as defined in section 130.35 of the
penal law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, aggravated labor trafficking as defined in
section 135.37 of the penal law, custodial interference in the first
degree as defined in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined in section 150.05 of the
S. 7511--A 11 A. 9511--A
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second degree as
defined in section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in section 177.15 of
the penal law, health care fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal law, robbery in the third
degree as defined in section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law, criminal possession of
stolen property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section 170.40 of
the penal law, falsifying business records in the first degree as
defined in section 175.10 of the penal law, tampering with public
records in the first degree as defined in section 175.25 of the penal
law, offering a false instrument for filing in the first degree as
defined in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal law, criminal diversion of
prescription medications and prescriptions in the second degree as
defined in section 178.20 of the penal law, criminal diversion of
prescription medications and prescriptions in the first degree as
defined in section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of the penal law, residential mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape in the second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined in section 205.15 of the
penal law, absconding from temporary release in the first degree as
defined in section 205.17 of the penal law, promoting prison contraband
in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
S. 7511--A 12 A. 9511--A
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
§ 10. Subdivision 1 of section 673 of the county law, as added by
chapter 545 of the laws of 1965, is amended to read as follows:
1. A coroner or medical examiner has jurisdiction and authority to
investigate the death of every person dying within his county, or whose
body is found within the county, which is or appears to be:
(a) A violent death, whether by criminal violence, suicide or casual-
ty;
(b) A death caused by unlawful act or criminal neglect;
(c) A death occurring in a suspicious, unusual or unexplained manner;
(d) [A death caused by suspected criminal abortion;
(e)] A death while unattended by a physician, so far as can be discov-
ered, or where no physician able to certify the cause of death as
provided in the public health law and in form as prescribed by the
commissioner of health can be found;
[(f)] (E) A death of a person confined in a public institution other
than a hospital, infirmary or nursing home.
§ 11. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
§ 4. Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
divorce, seduction, [abortion,] rape, assault with intent to commit
rape, criminal sexual act, bastardy or filiation, the court may, in its
discretion, exclude therefrom all persons who are not directly inter-
ested therein, excepting jurors, witnesses, and officers of the court.
§ 12. This act shall take effect immediately.
PART C
Section 1. The public health law is amended by adding a new section
2509 to read as follows:
§ 2509. MATERNAL MORTALITY REVIEW BOARD. 1. THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT THE MATERNAL MORTALITY REVIEW BOARD FOR THE
PURPOSE OF REVIEWING MATERNAL DEATHS, DEFINED AS CESSATION OF RESPIRA-
TION AND CIRCULATION FOR A WOMAN WITHIN A YEAR FROM THE END OF PREGNAN-
CY, TO ASSESS THE CAUSE OF DEATH AND FACTORS LEADING TO DEATH AND
PREVENTABILITY FOR EACH MATERNAL DEATH REVIEWED AND TO DEVELOP STRATE-
GIES FOR REDUCING THE RISK OF MATERNAL MORTALITY, AND TO ASSESS AND
REVIEW MATERNAL MORBIDITY. THE MEMBERS OF THE BOARD SHALL BE COMPOSED OF
MULTIDISCIPLINARY EXPERTS IN THE FIELD OF MATERNAL MORTALITY. THE BOARD
SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS, ALL OF WHOM SHALL BE
APPOINTED BY THE COMMISSIONER. THE COMMISSIONER MAY DELEGATE THE AUTHOR-
ITY TO CONDUCT MATERNAL MORTALITY REVIEWS.
2. THE BOARD SHALL:
S. 7511--A 13 A. 9511--A
(A) MAKE RECOMMENDATIONS TO THE COMMISSIONER REGARDING THE PREVENTA-
BILITY OF EACH MATERNAL DEATH CASE BY REVIEWING RELEVANT INFORMATION FOR
EACH CASE IN THE STATE AND CONSULTING WITH EXPERTS AS NEEDED TO EVALUATE
THE INFORMATION FOR EACH DEATH. SUCH INFORMATION SHALL NOT BE SUBJECT TO
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(B) KEEP CONFIDENTIAL ANY INFORMATION COLLECTED UNDER THIS SECTION AND
THIS INFORMATION SHALL BE USED SOLELY FOR THE PURPOSES OF IMPROVEMENT OF
THE QUALITY OF MEDICAL CARE OF WOMEN TO PREVENT MATERNAL MORTALITY.
ACCESS TO SUCH INFORMATION SHALL BE LIMITED TO BOARD MEMBERS AS WELL AS
THOSE AUTHORIZED BY THE DEPARTMENT. SUCH INFORMATION SHALL NOT BE ADMIS-
SIBLE AS EVIDENCE IN ANY ACTION OF ANY KIND IN ANY COURT OR BEFORE ANY
OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
(C) DEVELOP RECOMMENDATIONS TO THE COMMISSIONER FOR AREAS OF FOCUS,
INCLUDING ISSUES OF SEVERE MATERNAL MORBIDITY AND RACIAL DISPARITIES IN
MATERNAL OUTCOMES.
3. THE TERMS OF THE BOARD MEMBERS SHALL BE THREE YEARS FROM THE START
OF THEIR APPOINTMENT. THE COMMISSIONER MAY CHOOSE TO REAPPOINT BOARD
MEMBERS TO ADDITIONAL THREE YEAR TERMS.
4. A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE BOARD, NO LESS THAN
THREE, SHALL CONSTITUTE A QUORUM.
5. WHEN ANY MEMBER OF THE BOARD FAILS TO ATTEND THREE CONSECUTIVE
REGULAR MEETINGS, UNLESS SUCH ABSENCE IS FOR GOOD CAUSE, THAT MEMBERSHIP
MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF A SUCCESSOR.
6. MEETINGS OF THE BOARD SHALL BE HELD AT LEAST TWICE A YEAR BUT MAY
BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST OF THE
DEPARTMENT.
7. MEMBERS OF THE BOARD SHALL BE INDEMNIFIED PURSUANT TO SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW.
8. THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE UPON REQUEST FROM
ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
OF OR ANY PUBLIC AUTHORITY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAM-
INERS, CORONERS, AND ANY CORONER PHYSICIANS AND ANY OTHER FACILITY
PROVIDING SERVICES ASSOCIATED WITH MATERNAL MORTALITY, SUCH INFORMATION,
INCLUDING, BUT NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS
AND ANY OTHER INFORMATION THAT WILL HELP THE DEPARTMENT UNDER THIS
SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
§ 2. This act shall take effect immediately.
PART D
Section 1. Section 6523 of the education law, as amended by chapter
364 of the laws of 1991, is amended to read as follows:
§ 6523. State board for medicine. A state board for medicine shall be
appointed by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department on
matters of professional licensing in accordance with section sixty-five
hundred eight of this title. The board shall be composed of not less
than twenty physicians licensed in this state for at least five years,
two of whom shall be doctors of osteopathy. AT LEAST ONE OF THE PHYSI-
CIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT ON
REDUCING HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE SHALL
BE AN EXPERT ON WOMEN'S HEALTH. The board shall also consist of not less
than two physician's assistants licensed to practice in this state. The
S. 7511--A 14 A. 9511--A
participation of physician's assistant members shall be limited to
matters relating to article one hundred thirty-one-B of this chapter. An
executive secretary to the board shall be appointed by the board of
regents on recommendation of the commissioner and shall be either a
physician licensed in this state or a non-physician, deemed qualified by
the commissioner and board of regents.
§ 2. This act shall take effect immediately.
PART E
Section 1. Subdivision 17 of section 265.00 of the penal law is
amended by adding a new paragraph (c) to read as follows:
(C) ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW: ASSAULT IN THE THIRD DEGREE; MENACING IN THE
THIRD DEGREE; MENACING IN THE SECOND DEGREE; RECKLESS ENDANGERMENT IN
THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
LATION; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE; COERCION IN THE
SECOND DEGREE; CRIMINAL MISCHIEF IN THE FOURTH DEGREE; CRIMINAL TAMPER-
ING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASS-
MENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE;
CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRESPASS IN THE SECOND
DEGREE; RECKLESS ENDANGERMENT OF PROPERTY; ARSON IN THE FIFTH DEGREE;
ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON
IN THE SECOND DEGREE; UNLAWFUL PUBLICATION OF SEXUAL IMAGES; ATTEMPT TO
COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
§ 2. The criminal procedure law is amended by adding a new section
370.20 to read as follows:
§ 370.20 PROCEDURE FOR DETERMINING WHETHER CERTAIN MISDEMEANOR CRIMES
ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
MENACING IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, RECKLESS
ENDANGERMENT IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION
IN THE SECOND DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE, CRIMINAL
TAMPERING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE,
HARASSMENT IN THE FIRST DEGREE, AGGRAVATED HARASSMENT IN THE SECOND
DEGREE, CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE
SECOND DEGREE, RECKLESS ENDANGERMENT OF PROPERTY, ARSON IN THE FIFTH
DEGREE, ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISA-
BLED PERSON IN THE SECOND DEGREE, UNLAWFUL PUBLICATION OF SEXUAL
IMAGES, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, THE
PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN FORTY-FIVE DAYS AFTER
ARRAIGNMENT, FOR THE PURPOSE OF NOTIFICATION TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SECTION 380.98 OF THIS PART, SERVE ON THE
DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT
AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH CRIME WERE MEMBERS OF
THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER.
2. SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE
VICTIM OF SUCH CRIME AND SHALL SPECIFY THE NATURE OF THE ALLEGED
RELATIONSHIP AS SET FORTH IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
CHAPTER. UPON CONVICTION OF SUCH OFFENSE, THE COURT SHALL ADVISE THE
DEFENDANT THAT HE OR SHE IS ENTITLED TO A HEARING SOLELY ON THE ALLEGA-
TION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN ADJOURNMENT OF THE
S. 7511--A 15 A. 9511--A
SENTENCING PROCEEDING IN ORDER TO PREPARE FOR SUCH HEARING, AND THAT IF
SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION WILL BE
REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED IN SUBDIVISION
TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
RECORD OR IN WRITING, THAT HE OR SHE IS RELATED OR SITUATED TO THE
VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
PURPOSES OF SECTION 380.98 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE WITH RESPECT TO SUCH
ALLEGATION, THEN THE PEOPLE SHALL BEAR THE BURDEN TO PROVE BEYOND A
REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
IN THE MANNER ALLEGED IN THE NOTICE. THE COURT MAY CONSIDER RELIABLE
HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT
TO THE DETERMINATION OF THE ALLEGATION. FACTS PREVIOUSLY PROVEN AT TRIAL
OR ELICITED AT THE TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED
ESTABLISHED BEYOND A REASONABLE DOUBT AND SHALL NOT BE RELITIGATED. AT
THE CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR ADMISSION,
AS APPLICABLE, THE COURT SHALL MAKE A SPECIFIC WRITTEN DETERMINATION
WITH RESPECT TO SUCH ALLEGATION.
§ 3. The criminal procedure law is amended by adding a new section
380.98 to read as follows:
§ 380.98 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF
CERTAIN MISDEMEANOR CONVICTIONS.
UPON JUDGMENT OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING
IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, RECKLESS ENDANGER-
MENT IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE, COERCION IN THE
SECOND DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE, CRIMINAL TAMPER-
ING IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASS-
MENT IN THE FIRST DEGREE, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE,
CRIMINAL TRESPASS IN THE THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND
DEGREE, RECKLESS ENDANGERMENT OF PROPERTY, ARSON IN THE FIFTH DEGREE,
ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON
IN THE SECOND DEGREE, UNLAWFUL PUBLICATION OF SEXUAL IMAGES, OR ATTEMPT
TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES, WHEN THE DEFENDANT AND
VICTIM HAVE BEEN DETERMINED, PURSUANT TO SECTION 370.20 OF THIS PART, TO
BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE
OF SECTION 530.11 OF THIS CHAPTER, THE CLERK OF THE COURT SHALL INCLUDE
NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION IN A REPORT OF SUCH
CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TO ENABLE THE
DIVISION TO REPORT SUCH DETERMINATION TO THE FEDERAL BUREAU OF INVESTI-
GATION AND ASSIST THE BUREAU IN IDENTIFYING PERSONS PROHIBITED FROM
PURCHASING AND POSSESSING A FIREARM OR OTHER WEAPON DUE TO CONVICTION
OF AN OFFENSE SPECIFIED IN PARAGRAPH C OF SUBDIVISION SEVENTEEN OF
SECTION 265.00 OF THE PENAL LAW.
§ 4. Section 530.14 of the criminal procedure law is REPEALED and a
new section 530.14 is added to read as follows:
§ 530.14 SUSPENSION AND REVOCATION OF A LICENSE TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO
SECTION 400.00 OF THE PENAL LAW AND INELIGIBILITY FOR SUCH A
LICENSE; ORDER TO SURRENDER WEAPONS.
1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT TO
SUBDIVISION ONE OF SECTION 530.12 OR SUBDIVISION ONE OF SECTION 530.13
OF THIS ARTICLE THE COURT SHALL SUSPEND ANY FIREARMS LICENSE POSSESSED
S. 7511--A 16 A. 9511--A
BY THE DEFENDANT, ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND
ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND
ANY OTHER FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SUBDIVISION
FIVE OF SECTION 530.12 OR SUBDIVISION FOUR OF SECTION 530.13 OF THIS
ARTICLE THE COURT SHALL REVOKE, SUSPEND OR CONTINUE TO SUSPEND ANY
FIREARMS LICENSE POSSESSED BY THE DEFENDANT, ORDER THE DEFENDANT INELI-
GIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW, OF ALL PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY
THE DEFENDANT.
3. WHENEVER A DEFENDANT HAS BEEN FOUND PURSUANT TO SUBDIVISION ELEVEN
OF SECTION 530.12 OR SUBDIVISION EIGHT OF SECTION 530.13 OF THIS ARTICLE
TO HAVE WILLFULLY FAILED TO OBEY AN ORDER OF PROTECTION ISSUED BY A
COURT OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITO-
RIAL OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
PURSUANT TO SUBDIVISION ELEVEN OF SECTION 530.12 OR SUBDIVISION EIGHT OF
SECTION 530.13 OF THIS ARTICLE, THE COURT SHALL REVOKE, SUSPEND OR
CONTINUE TO SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE DEFENDANT,
ORDER THE DEFENDANT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDI-
ATE SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER
FIREARMS OWNED OR POSSESSED BY THE DEFENDANT.
4. SUSPENSION. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
SHALL REMAIN IN EFFECT FOR THE DURATION OF THE TEMPORARY ORDER OF
PROTECTION OR ORDER OF PROTECTION, UNLESS MODIFIED OR VACATED BY THE
COURT.
5. SURRENDER. (A) WHERE AN ORDER TO SURRENDER ONE OR MORE PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS OR OTHER FIREARMS HAS BEEN ISSUED, THE
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL SPECIFY THE
PLACE WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT POSSI-
BLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL DIRECT THE
AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY NOTIFY THE
COURT OF SUCH SURRENDER.
(B) THE PROMPT SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO
THIS SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE COURT TO ORDER AND
DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER FIREARMS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO SECTION
530.12 OR 530.13 OF THIS ARTICLE.
6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION,
SUSPENSION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT TO THIS SECTION,
ANY TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL
STATE THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR REVOKED OR THAT
THE DEFENDANT IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND
S. 7511--A 17 A. 9511--A
THAT THE DEFENDANT IS PROHIBITED FROM POSSESSING ANY PISTOL, REVOLVER,
RIFLE, SHOTGUN OR OTHER FIREARM.
(B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE DEFEND-
ANT INELIGIBLE FOR SUCH A LICENSE, OR ORDERING THE SURRENDER OF ANY
PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL IMMEDIATELY
NOTIFY THE DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY CONCERN-
ING SUCH ACTION AND, IN THE CASE OF ORDERS OF PROTECTION AND TEMPORARY
ORDERS OF PROTECTION ISSUED PURSUANT TO SECTION 530.12 OF THIS ARTICLE,
SHALL IMMEDIATELY NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION.
(C) THE COURT REVOKING OR SUSPENDING THE LICENSE OR ORDERING THE
DEFENDANT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THERE-
OF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS
OFFICE IN THE CITY OF ALBANY.
(D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY CONSTITUTED
POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
7. HEARING. THE DEFENDANT SHALL HAVE THE RIGHT TO A HEARING BEFORE
THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER PRIOR
TO A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEAR-
ING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE
SUCH ORDER WAS ISSUED.
8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
ISSUANCE OF A TEMPORARY ORDER OF PROTECTION OR THE TIMELY ARRAIGNMENT OF
A DEFENDANT IN CUSTODY.
§ 5. Section 842-a of the family court act is REPEALED and a new
section 842-a is added to read as follows:
§ 842-A. SUSPENSION AND REVOCATION OF A LICENSE TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM OR FIREARMS PURSUANT TO SECTION 400.00 OF
THE PENAL LAW AND INELIGIBILITY FOR SUCH A LICENSE; ORDER TO SURRENDER
WEAPONS. 1. WHENEVER A TEMPORARY ORDER OF PROTECTION IS ISSUED PURSUANT
TO SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT THE COURT SHALL
SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE RESPONDENT, ORDER THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW,
OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS
OWNED OR POSSESSED BY THE RESPONDENT.
2. WHENEVER AN ORDER OF PROTECTION IS ISSUED PURSUANT TO SECTION EIGHT
HUNDRED FORTY-ONE OF THIS PART, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX,
SEVEN OR TEN OF THIS ACT THE COURT SHALL REVOKE, SUSPEND OR CONTINUE TO
SUSPEND ANY FIREARMS LICENSE POSSESSED BY THE RESPONDENT, ORDER THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE AND ORDER THE IMMEDIATE SURREN-
DER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW,
OF ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS AND ANY OTHER FIREARMS OWNED
OR POSSESSED BY THE RESPONDENT.
3. WHENEVER A RESPONDENT HAS BEEN FOUND PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-A OF THIS PART TO HAVE WILLFULLY FAILED TO OBEY AN
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO
THIS ACT OR THE DOMESTIC RELATIONS LAW, OR BY THIS COURT OR BY A COURT
S. 7511--A 18 A. 9511--A
OF COMPETENT JURISDICTION IN THIS STATE OR ANOTHER STATE, TERRITORIAL
OR TRIBAL JURISDICTION, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-A OF THIS PART, THE COURT
SHALL REVOKE, SUSPEND OR CONTINUE TO SUSPEND ANY FIREARMS LICENSE
POSSESSED BY THE RESPONDENT, ORDER THE RESPONDENT INELIGIBLE FOR SUCH A
LICENSE AND ORDER THE IMMEDIATE SURRENDER PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
OF SECTION 400.05 OF THE PENAL LAW, OF ALL PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS AND ANY OTHER FIREARMS OWNED OR POSSESSED BY THE RESPONDENT.
4. SUSPENSION. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION
SHALL REMAIN IN EFFECT FOR THE DURATION OF THE TEMPORARY ORDER OF
PROTECTION OR ORDER OF PROTECTION, UNLESS MODIFIED OR VACATED BY THE
COURT.
5. SURRENDER. (A) WHERE AN ORDER TO SURRENDER ONE OR MORE PISTOLS,
REVOLVERS, RIFLES, SHOTGUNS OR OTHER FIREARMS HAS BEEN ISSUED, THE
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION SHALL SPECIFY THE
PLACE WHERE SUCH WEAPONS SHALL BE SURRENDERED, SHALL SPECIFY A DATE AND
TIME BY WHICH THE SURRENDER SHALL BE COMPLETED AND, TO THE EXTENT
POSSIBLE, SHALL DESCRIBE SUCH WEAPONS TO BE SURRENDERED, AND SHALL
DIRECT THE AUTHORITY RECEIVING SUCH SURRENDERED WEAPONS TO IMMEDIATELY
NOTIFY THE COURT OF SUCH SURRENDER.
(B) THE PROMPT SURRENDER OF ONE OR MORE PISTOLS, REVOLVERS, RIFLES,
SHOTGUNS OR OTHER FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO
THIS SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW. THE DISPOSITION OF ANY SUCH WEAPONS SHALL BE IN ACCORD-
ANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE COURT TO ORDER AND
DIRECT THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER FIREARMS OWNED OR POSSESSED BY A RESPONDENT PURSUANT TO THIS
ACT.
6. NOTICE. (A) WHERE AN ORDER REQUIRING SURRENDER, REVOCATION, SUSPEN-
SION OR INELIGIBILITY HAS BEEN ISSUED PURSUANT TO THIS SECTION, ANY
TEMPORARY ORDER OF PROTECTION OR ORDER OF PROTECTION ISSUED SHALL STATE
THAT SUCH FIREARM LICENSE HAS BEEN SUSPENDED OR REVOKED OR THAT THE
RESPONDENT IS INELIGIBLE FOR SUCH LICENSE, AS THE CASE MAY BE, AND THAT
THE RESPONDENT IS PROHIBITED FROM POSSESSING ANY PISTOL, REVOLVER,
RIFLE, SHOTGUN OR OTHER FIREARM.
(B) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE, OR ORDERING THE SURRENDER OF
ANY PISTOL, REVOLVER, RIFLE, SHOTGUN OR OTHER FIREARM SHALL IMMEDIATELY
NOTIFY THE STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY
CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION.
(C) THE COURT REVOKING OR SUSPENDING THE LICENSE OR ORDERING THE
RESPONDENT INELIGIBLE FOR SUCH A LICENSE SHALL GIVE WRITTEN NOTICE THER-
EOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF STATE POLICE AT ITS
OFFICE IN THE CITY OF ALBANY.
(D) WHERE AN ORDER OF REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
STATEWIDE REGISTRY OF ORDERS OF PROTECTION AND THE DULY CONSTITUTED
POLICE AUTHORITIES OF THE LOCALITY CONCERNING SUCH ACTION AND SHALL GIVE
WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY TO THE DIVISION OF
STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
S. 7511--A 19 A. 9511--A
7. HEARING. THE RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE
THE COURT REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURREN-
DER ORDER ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN
THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER
PRIOR TO A HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A
HEARING, IT SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE
DATE SUCH ORDER WAS ISSUED.
8. NOTHING IN THIS SECTION SHALL DELAY OR OTHERWISE INTERFERE WITH THE
ISSUANCE OF A TEMPORARY ORDER OF PROTECTION.
§ 6. Subdivision 4 of section 265.01 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
(4) He OR SHE possesses a rifle, shotgun, antique firearm, black
powder rifle, black powder shotgun, or any muzzle-loading firearm, and
has been convicted of a felony or serious offense OR IS THE SUBJECT OF
AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION OF A
FELONY OR SERIOUS OFFENSE; or
§ 7. Paragraph (c) of subdivision 1 of section 400.00 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(c) who has not been convicted anywhere of a felony or a serious
offense OR WHO IS NOT THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE;
§ 8. This act shall take effect on the thirtieth day after it shall
have become a law.
PART F
Section 1. The penal law is amended by adding three new sections
250.62, 250.63 and 250.64 to read as follows:
§ 250.62 SEXUAL EXTORTION IN THE THIRD DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE THIRD DEGREE WHEN HE OR
SHE, WITH THE INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER
OWN SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON TO EXPOSE
HIS OR HER SEXUAL OR INTIMATE PARTS OR ENGAGE IN SEXUAL CONDUCT BY
INSTILLING A FEAR IN HIM OR HER THAT, IF THE DEMAND IS NOT COMPLIED
WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO HARM ANOTHER PERSON WITH
RESPECT TO HIS OR HER HEALTH, SAFETY, BUSINESS, CAREER, FINANCIAL CONDI-
TION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE THIRD DEGREE IS A CLASS E FELONY.
§ 250.63 SEXUAL EXTORTION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE SECOND DEGREE WHEN HE OR
SHE WITH INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER OWN
SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON LESS THAN SEVEN-
TEEN YEARS OLD TO EXPOSE HIS OR HER SEXUAL OR INTIMATE PARTS OR ENGAGE
IN SEXUAL CONDUCT BY INSTILLING A FEAR IN HIM OR HER THAT, IF THE DEMAND
IS NOT COMPLIED WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO HARM
ANOTHER PERSON WITH RESPECT TO HIS OTHER HEALTH, SAFETY, BUSINESS,
CAREER, FINANCIAL CONDITION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 250.64 SEXUAL EXTORTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF SEXUAL EXTORTION IN THE FIRST DEGREE WHEN HE OR
SHE, WITH THE INTENT TO SATISFY, IN WHOLE OR SUBSTANTIAL PART HIS OR HER
OWN SEXUAL GRATIFICATION, COMPELS OR INDUCES ANOTHER PERSON LESS THAN
FIFTEEN YEARS OLD TO EXPOSE HIS OR HER SEXUAL OR INTIMATE PARTS OR
ENGAGE IN SEXUAL CONDUCT BY INSTILLING A FEAR IN HIM OR HER THAT, IF THE
DEMAND IS NOT COMPLIED WITH, THE ACTOR WILL PERFORM AN ACT INTENDED TO
S. 7511--A 20 A. 9511--A
HARM ANOTHER PERSON WITH RESPECT TO HIS OR HER HEALTH, SAFETY, BUSINESS,
CAREER, FINANCIAL CONDITION, REPUTATION OR PERSONAL RELATIONSHIPS.
SEXUAL EXTORTION IN THE FIRST DEGREE IS A CLASS C FELONY.
§ 2. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 526 of the laws of 2013, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault in the
third degree, an attempted assault, identity theft in the first degree,
identity theft in the second degree, identity theft in the third degree,
grand larceny in the fourth degree, grand larceny in the third degree or
coercion in the second degree as set forth in subdivisions one, two and
three of section 135.60 of the penal law, UNLAWFUL PUBLICATION OF SEXUAL
IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL LAW, SEXUAL EXTORTION
IN THE THIRD DEGREE AS SET FORTH IN SECTION 250.62 OF THE PENAL LAW,
SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN SECTION 250.63 OF
THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE AS SET FORTH IS
SECTION 250.64 OF THE PENAL LAW between spouses or former spouses, or
between parent and child or between members of the same family or house-
hold except that if the respondent would not be criminally responsible
by reason of age pursuant to section 30.00 of the penal law, then the
family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal court shall not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding pursuant
to this article, a court shall not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events alleged
are not relatively contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion of the dispositional
hearing. For purposes of this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this article,
"members of the same family or household" shall mean the following:
§ 3. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 526 of the laws of 2013, is amended to read
as follows:
(a) An allegation that the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one of section 130.60 of the penal law, stalking, criminal
mischief, menacing, reckless endangerment, criminal obstruction of
breathing or blood circulation, strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny in the
third degree or coercion in the second degree as set forth in subdivi-
S. 7511--A 21 A. 9511--A
sions one, two and three of section 135.60 of the penal law, UNLAWFUL
PUBLICATION OF SEXUAL IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL
LAW, SEXUAL EXTORTION IN THE THIRD DEGREE AS SET FORTH IN SECTION 250.62
OF THE PENAL LAW, SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN
SECTION 250.63 OF THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE
AS SET FORTH IN SECTION 250.64 OF THE PENAL LAW toward any such person;
§ 4. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 526 of the laws of 2013,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, strangulation in the first
degree, strangulation in the second degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree, an attempted assault, identity theft in the first
degree, identity theft in the second degree, identity theft in the third
degree, grand larceny in the fourth degree, grand larceny in the third
degree or coercion in the second degree as set forth in subdivisions
one, two and three of section 135.60 of the penal law, UNLAWFUL PUBLICA-
TION OF SEXUAL IMAGES AS SET FORTH IN SECTION 250.61 OF THE PENAL LAW,
SEXUAL EXTORTION IN THE THIRD DEGREE AS AS SET FORTH IN SECTION 250.62
OF THE PENAL LAW, SEXUAL EXTORTION IN THE SECOND DEGREE AS SET FORTH IN
SECTION 250.63 OF THE PENAL LAW, OR SEXUAL EXTORTION IN THE FIRST DEGREE
AS SET FORTH IN SECTION 250.64 OF THE PENAL LAW between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this section, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
§ 5. The penal law is amended by adding a new section 250.61 to read
as follows:
§ 250.61 UNLAWFUL PUBLICATION OF SEXUAL IMAGES.
A PERSON IS GUILTY OF UNLAWFUL PUBLICATION OF SEXUAL IMAGES WHEN HE OR
SHE, WITH THE INTENT TO HARM OR CAUSE SERIOUS EMOTIONAL DISTRESS TO
ANOTHER: (A) PUBLISHES, BROADCASTS, OR IN ANY OTHER WAY DISSEMINATES
IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON PERSONALLY
KNOWN TO THEM; OR (B) COMPELS ANOTHER TO ENGAGE IN CONDUCT BY MEANS OF
INSTILLING FEAR THAT IF THE DEMAND TO ENGAGE IN SUCH CONDUCT IS NOT
COMPLIED WITH, HE OR SHE WILL PUBLISH, BROADCAST, OR IN ANY OTHER WAY
DISSEMINATE IMAGES OF THE SEXUAL OR OTHER INTIMATE PARTS OF ANOTHER
PERSON PERSONALLY KNOWN TO THEM, AND THE DEPICTED PERSON SUFFERS SERIOUS
EMOTIONAL DISTRESS AS A RESULT OF THE PUBLICATION, BROADCAST OR DISSEM-
S. 7511--A 22 A. 9511--A
INATION, OR THE COMPULSION THEREOF, AND THE PUBLICATION OR BROADCAST WAS
DONE WITHOUT CONSENT OF THE PERSON.
UNLAWFUL PUBLICATION OF A SEXUAL IMAGE IS A CLASS A MISDEMEANOR.
§ 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 368 of the laws of
2015, is amended to read as follows:
2. "Sex offense" means: (a) (i) a conviction of or a conviction for an
attempt to commit any of the provisions of sections 120.70, 130.20,
130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 250.61, 250.62,
250.63, 250.64, 255.25, 255.26 and 255.27 or article two hundred sixty-
three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of
such law relating to kidnapping offenses, provided the victim of such
kidnapping or related offense is less than seventeen years old and the
offender is not the parent of the victim, or section 230.04, where the
person patronized is in fact less than seventeen years of age, 230.05,
230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30,
section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of
the penal law where the person prostituted is in fact less than seven-
teen years old, or
§ 7. This act shall take effect immediately, provided however that
sections two, three, and four of this act shall take effect on the first
of November next succeeding the date on which it shall have become a
law.
PART G
Section 1. Subdivision 4 of section 2805-i of the public health law is
REPEALED.
§ 2. Subdivision 2 of section 2805-i of the public health law, as
amended by chapter 504 of the laws of 1994, is amended to read as
follows:
2. The sexual offense evidence shall be collected and kept in a locked
separate and secure area for not less than [thirty days] THE LONGER OF
FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM REACHES THE AGE
OF NINETEEN, unless: (a) such evidence is not privileged and the police
request its surrender before that time, which request shall be complied
with; or (b) such evidence is privileged and (i) the alleged sexual
offense victim nevertheless gives permission to turn such privileged
evidence over to the police before that time, or (ii) the alleged sexual
offense victim signs a statement directing the hospital to not collect
and keep such privileged evidence, which direction shall be complied
with. The sexual offense evidence shall include, but not be limited to,
slides, cotton swabs, clothing and other items. Where appropriate such
items must be refrigerated and the clothes and swabs must be dried,
stored in paper bags and labeled. Each item of evidence shall be marked
and logged with a code number corresponding to the patient's medical
record. [The] WITHIN THIRTY DAYS OF COLLECTION OF EVIDENCE, THE alleged
sexual offense victim shall be notified that after [thirty days] THE
LONGER OF FIVE YEARS OR THE DATE THE ALLEGED SEXUAL OFFENSE VICTIM
REACHES THE AGE OF NINETEEN, the refrigerated evidence will be discarded
in compliance with state and local health codes and the alleged sexual
offense victim's clothes will be returned to the alleged sexual offense
victim upon request. THE HOSPITAL SHALL ENSURE THAT DILIGENT EFFORTS ARE
MADE TO CONTACT THE ALLEGED SEXUAL OFFENSE VICTIM AND REPEAT SUCH
NOTIFICATION MORE THAN THIRTY DAYS PRIOR TO THE EVIDENCE BEING DISCARDED
IN ACCORDANCE WITH THIS SECTION. HOSPITALS MAY ENTER INTO CONTRACTS WITH
S. 7511--A 23 A. 9511--A
OTHER ENTITIES THAT WILL ENSURE APPROPRIATE STORAGE OF SEXUAL OFFENSE
EVIDENCE PURSUANT TO THIS SUBDIVISION.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
(A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
(B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
§ 2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
article four of the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or applicant, by reason of his
race, color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
§ 3. This act shall take effect immediately.
PART I
Section 1. This Part enacts into law major components of legislation
which are necessary to combat sexual harassment in the workplace. Each
component is wholly contained within a Subpart identified as Subparts A
through F. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes a reference to a section "of
this act," when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this Part sets forth the general
effective date of the Part.
SUBPART A
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
§ 148. REPORTING OF SEXUAL HARASSMENT VIOLATIONS BY STATE CONTRACTORS.
1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
A. "STATE AGENCY" MEANS (1) (A) ANY STATE DEPARTMENT, OR (B) ANY DIVI-
SION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (C) THE
STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON
BEHALF OF THE STATE, OR (D) A BOARD OR COMMISSION, A MAJORITY OF WHOSE
S. 7511--A 24 A. 9511--A
MEMBERS ARE APPOINTED BY THE GOVERNOR; AND (2) A "STATE AUTHORITY", AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
B. "OWNER" MEANS AN OWNER OF A BUSINESS ENTITY, WHICH INCLUDES BUT IS
NOT LIMITED TO A SHAREHOLDER OF A CORPORATION THAT IS NOT PUBLICLY TRAD-
ED, A PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, A
MEMBER OF A LIMITED LIABILITY COMPANY, A GENERAL PARTNER OR LIMITED
PARTNER OF A LIMITED PARTNERSHIP.
C. "MANAGER" MEANS A DIRECTOR OR EXECUTIVE OFFICER OF A BUSINESS ENTI-
TY, WHICH INCLUDES BUT IS NOT LIMITED TO A DIRECTOR OF A CORPORATION AND
A MANAGER OF A LIMITED LIABILITY COMPANY.
D. "SEXUAL HARASSMENT VIOLATION" MEANS A CLAIM OF SEXUAL HARASSMENT
THAT HAS BEEN DETERMINED TO BE SUBSTANTIATED IN ACCORDANCE WITH APPLICA-
BLE LAW OR THE INTERNAL POLICIES OF THE CONTRACTOR.
E. "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE IF
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDIVIDUAL'S EMPLOYMENT,
OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE OR OFFENSIVE WORK ENVIRONMENT, EVEN IF THE COMPLAINING INDIVID-
UAL IS NOT THE INTENDED TARGET OF THE SEXUAL HARASSMENT.
F. "CONTRACT" MEANS THE SAME AS "PROCUREMENT CONTRACT" AS DEFINED IN
SUBDIVISION G OF SECTION ONE HUNDRED THIRTY-NINE-K OF THE STATE FINANCE
LAW.
2. A CLAUSE SHALL BE INSERTED IN ALL CONTRACTS HEREAFTER MADE OR
AWARDED BY THE STATE, OR BY ANY STATE AGENCY, REQUIRING A CONTRACTOR TO
WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AS REQUIRED BY LAW,
TO CERTIFY TO THE OFFICE OF GENERAL SERVICES NOT LATER THAN JUNE THIRTI-
ETH OF EACH YEAR DURING THE TERM OF THE CONTRACT INFORMATION RELATING TO
THE ISSUE OF SEXUAL HARASSMENT, WHICH SHALL INCLUDE, AMONG OTHER THINGS,
THE FOLLOWING: (I) THE NUMBER OF SEXUAL HARASSMENT VIOLATIONS AND/OR
DETERMINATIONS ASSERTED AGAINST OR COMMITTED BY ANY OWNER, MANAGER, OR
EMPLOYEE OF THE CONTRACTOR IN THE PREVIOUS CALENDAR YEAR; (II) THE
NUMBER OF SETTLEMENT AGREEMENTS CONTAINING NONDISCLOSURE PROVISIONS THAT
HAVE BEEN EXECUTED BY THE CONTRACTOR IN THE PREVIOUS CALENDAR YEAR WHERE
SUCH SETTLEMENT AGREEMENT RESOLVES ANY SEXUAL HARASSMENT CLAIM ASSERTED
AGAINST OR COMMITTED BY ANY OWNER, MANAGER, OR EMPLOYEE OF THE CONTRAC-
TOR; AND (III) A DESCRIPTION OF TRAINING PROVIDED TO EMPLOYEES RELATING
TO SEXUAL HARASSMENT PREVENTION IN THE WORKPLACE. THE ABOVE-REFERENCED
CLAUSE SHALL ALSO REQUIRE THE CONTRACTOR TO SUBMIT SUCH CERTIFICATION
USING A FORM OF CERTIFICATION PROVIDED BY THE OFFICE OF GENERAL
SERVICES.
3. THE OFFICE OF GENERAL SERVICES SHALL PREPARE AN ANNUAL REPORT WHICH
IDENTIFIES THE AGGREGATE NUMBER OF SEXUAL HARASSMENT VIOLATIONS, THE
AGGREGATE NUMBER OF SETTLEMENT AGREEMENTS CONTAINING NONDISCLOSURE
PROVISIONS, AND THE AGGREGATE NUMBER OF BUSINESSES PROVIDING SEXUAL
HARASSMENT TRAINING IN THE WORKPLACE REPORTED TO THE OFFICE OF GENERAL
SERVICES DURING THE PRECEDING YEAR. THE REPORT SHALL BE PROVIDED TO THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE ON OR BEFORE NOVEMBER FIRST OF EACH YEAR COMMENCING WITH THE
NOVEMBER FIRST IN THE YEAR IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
THE LEGISLATION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S. 7511--A 25 A. 9511--A
SUBPART B
Section 1. The general business law is amended by adding a new section
398-f to read as follows:
§ 398-F. CERTAIN CONTRACT CLAUSES; PROHIBITED. 1. DEFINITIONS. AS
USED IN THIS SECTION:
A. THE TERM "EMPLOYER" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
B. THE TERM "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL
ADVANCES, REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE
EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S
EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI-
VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH
INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
2. PROHIBITION. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO
EMPLOYER SHALL FORCE AN EMPLOYEE OR PROSPECTIVE EMPLOYEE TO ENTER INTO A
WRITTEN CONTRACT IF SUCH CONTRACT WOULD RESTRICT OR LIMIT SUCH EMPLOY-
EE'S ABILITY TO BRING OR ADJUDICATE CLAIMS RELATING TO UNLAWFUL DISCRI-
MINATORY PRACTICES BASED ON SEXUAL HARASSMENT IN ANY FORUM.
3. WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE-
MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
SUBPART C
Section 1. The executive law is amended by adding a new section 656 to
read as follows:
§ 656. INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT. A. FOR THE
PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME
SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE
EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S
EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI-
VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH
INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
B. THE OFFICE OF EMPLOYEE RELATIONS SHALL REVIEW ANY PROPOSED AGREED
JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
TINUANCE OR OTHER AGREEMENT TO RESOLVE ANY INTERNAL COMPLAINT, COMPLAINT
TO THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR NEW YORK DIVI-
SION OF HUMAN RIGHTS, OR OTHER COMPLAINT THAT HAS NOT BEEN FILED IN
STATE OR FEDERAL COURT, IF THE ACT OR OMISSION FROM WHICH SUCH COMPLAINT
AROSE INVOLVED SEXUAL HARASSMENT. THE OFFICE OF EMPLOYEE RELATIONS
SHALL NOT APPROVE SUCH AGREEMENT TO THE EXTENT SUCH AGREEMENT INCLUDES A
PROPOSAL FOR THE STATE TO INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE FOR
THE EMPLOYEE'S INDIVIDUAL LIABILITY WITH RESPECT TO THE COMPLAINT.
§ 2. Section 17 of the public officers law is amended by adding a new
subdivision 12 to read as follows:
12. (A) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO
S. 7511--A 26 A. 9511--A
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR
EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING
AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR LAW, THE STATE
SHALL NOT INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE IN THE AMOUNT OF ANY
JUDGMENT OBTAINED AGAINST SUCH EMPLOYEE IN ANY STATE OR FEDERAL COURT,
OR IN THE AMOUNT OF ANY SETTLEMENT OF A CLAIM, AND SHALL NOT PAY SUCH
JUDGMENT OR SETTLEMENT IF THE ACT OR OMISSION FROM WHICH SUCH JUDGMENT
OR SETTLEMENT AROSE INVOLVED SEXUAL HARASSMENT.
§ 3. Paragraph (d) of subdivision 4 of section 18 of the public offi-
cers law is relettered paragraph (e) and a new paragraph (d) is added to
read as follows:
(D)(I) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (A) SUBMISSION TO
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF AN INDIVIDUAL'S EMPLOYMENT; (B) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(II) NO PUBLIC ENTITY SHALL INDEMNIFY OR SAVE HARMLESS AN EMPLOYEE
WITH RESPECT TO THE AMOUNT OF ANY JUDGMENT OBTAINED AGAINST SUCH EMPLOY-
EE IN ANY STATE OR FEDERAL COURT, OR IN THE AMOUNT OF ANY SETTLEMENT OF
A CLAIM, OR PAY SUCH JUDGMENT OR SETTLEMENT IF THE ACT OR OMISSION FROM
WHICH SUCH JUDGMENT OR SETTLEMENT AROSE INVOLVED SEXUAL HARASSMENT.
§ 4. This act shall take effect immediately.
SUBPART D
Section 1. Section 63 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. (A) FOR THE PURPOSES OF THIS SECTION, SEXUAL HARASSMENT INCLUDES
UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL
OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH
CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF
AN INDIVIDUAL'S EMPLOYMENT; (2) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND
WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING,
BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
OF DISCONTINUANCE OR OTHERWISE, A STATE AGENCY OR A STATE OFFICIAL OR
EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY
TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION
RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE
COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
S. 7511--A 27 A. 9511--A
IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER-
ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
THE COMPLAINANT.
§ 2. The general municipal law is amended by adding a new section 70-b
to read as follows:
§ 70-B. CONFIDENTIAL SETTLEMENTS. A. FOR THE PURPOSES OF THIS SECTION,
SEXUAL HARASSMENT INCLUDES UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXU-
AL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN:
(I) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A
TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR
REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR
EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT
HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK
PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
B. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND
WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING,
BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
OF DISCONTINUANCE OR OTHERWISE, A MUNICIPAL CORPORATION, OFFICIAL OR
EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY
TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION
RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE
COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER-
ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
THE COMPLAINANT.
§ 3. This act shall take effect immediately.
SUBPART E
Section 1. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
OR LEGISLATIVE EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR THE PURPOSES OF THIS
SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY
OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT,
SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL OR SUCH
CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S
WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE
WORKING ENVIRONMENT.
§ 2. Subdivision 4 of section 74 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
4. A. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in the manner
provided by law. Any such individual who knowingly and intentionally
S. 7511--A 28 A. 9511--A
violates the provisions of paragraph b, c, d or i of subdivision three
of this section shall be subject to a civil penalty in an amount not to
exceed ten thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. Any such individual who
knowingly and intentionally violates the provisions of paragraph a, e or
g of subdivision three of this section shall be subject to a civil
penalty in an amount not to exceed the value of any gift, compensation
or benefit received as a result of such violation.
B. SEXUAL HARASSMENT VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED
IN ANY OTHER PROVISION OF LAW ANY SUCH OFFICER, MEMBER OR EMPLOYEE WHO
SHALL VIOLATE THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO TEN THOUSAND
DOLLARS, AND MAY BE SUBJECT TO PROCEEDINGS FOR SUSPENSION OR REMOVAL
FROM OFFICE OR EMPLOYMENT BY THE ATTORNEY GENERAL OR IN THE MANNER
OTHERWISE PROVIDED BY LAW OR COLLECTIVE BARGAINING AGREEMENT.
§ 3. Subdivision 9 of section 94 of the executive law is amended by
adding a new paragraph (o) to read as follows:
(O) ESTABLISH A UNIT TO RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT THAT CONSTITUTE VIOLATIONS OF PARAGRAPH J OF SUBDIVISION
THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. SUCH UNIT
SHALL MAINTAIN A PHONE NUMBER TO RECEIVE COMPLAINTS, AND POST SUCH
NUMBER AND INSTRUCTIONS FOR FILING A COMPLAINT OF SEXUAL HARASSMENT ON
THE COMMISSION'S PUBLICLY ACCESSIBLE WEBSITE.
§ 4. Subdivision 13 of section 94 of the executive law is amended by
adding a new paragraph (d) to read as follows:
(D) FOR AN ALLEGED OR POSSIBLE VIOLATION OF PARAGRAPH J OF SUBDIVISION
THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, FILING A
COMPLAINT SHALL NOT CONSTITUTE AN ELECTION OF REMEDIES. AN INDIVIDUAL
SHALL NOT BE REQUIRED TO EXHAUST OTHER AVAILABLE ADMINISTRATIVE REMEDIES
TO FILE A COMPLAINT. NEITHER THE FILING OF A COMPLAINT OF THE CONCLUSION
OF ANY INVESTIGATION BY THE COMMISSION SHALL RESTRICT A COMPLAINANT'S
RIGHT TO BRING A SEPARATE ACTION ADMINISTRATIVELY OR IN A COURT OF LAW.
NOTICE TO ANY COMPLAINANT SHALL BE PROVIDED UPON THE CLOSURE OF ANY
INVESTIGATION. HOWEVER, THE INDIVIDUAL SHALL NOTIFY THE COMMISSION OF
ANY SEPARATE ADMINISTRATIVE ACTION OR ACTION IN THE COURT OF LAW RELAT-
ING TO THE SAME COMPLAINT. THE COMMISSION MAY STAY THE MATTER BEFORE IT
PENDING THE DETERMINATION/CONCLUSION OF THE SEPARATE ACTION.
§ 5. This act shall take effect immediately.
SUBPART F
Section 1. The executive law is amended by adding a new section 655 to
read as follows:
§ 655. SEXUAL HARASSMENT PREVENTION POLICY. A. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF EMPLOYEE RELATIONS
SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO EACH
AGENCY, OFFICE OR DEPARTMENT, WHICH SHALL INCLUDE INVESTIGATION PROCE-
DURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT PREVENTION
POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
(I) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
S. 7511--A 29 A. 9511--A
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(B) "EMPLOYEE" SHALL INCLUDE ANY AGENCY, OFFICE OR DEPARTMENT EMPLOY-
EE, CONTRACTOR, OR EMPLOYEE OF ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE
WORKPLACE OF ANY AGENCY, OFFICE OR DEPARTMENT.
(II) INSTRUCTIONS TO FILE A COMPLAINT. (A) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
EMPLOYMENT RELATIONS OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(B) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE ON THE AGENCY, OFFICE, OR DEPARTMENT'S
INTRANET. IF AN EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING
SUCH COMPLAINT SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD
COMPLAINT FORM. IF THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM,
THE PERSON SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(III) INVESTIGATION PROCEDURE. (A) THE OFFICE OF EMPLOYEE RELATIONS
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT FOR EACH AGENCY, OFFICE, AND DEPARTMENT. UPON RECEIPT OF A
COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGERIAL EMPLOYEE,
PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR SHALL IMME-
DIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDIVIDUAL, WHO SHALL
OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL ENSURE THAT HE OR
SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLEGATIONS IN THE
COMPLAINT, AND IF THERE IS ANY SUSPECTED CONFLICT OF INTEREST, THE INDI-
VIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF EMPLOYEE RELATIONS, WHICH
SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(B) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF EMPLOYEE
RELATIONS.
(C) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(D) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT, OR REMOVING THE ALLEGED
HARASSER FROM THE WORKPLACE.
(E) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
S. 7511--A 30 A. 9511--A
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(IV) COMPLETION OF THE INVESTIGATION. (A) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF
EMPLOYEE RELATIONS. SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(B) THE REPORT SHALL BE SUBMITTED TO THE COUNSEL AT THE AGENCY,
OFFICE, OR DEPARTMENT FOR REVIEW AND RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
B. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(I) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
ALL STATE AGENCIES, OFFICES, AND DEPARTMENTS;
(II) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(III) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(IV) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(V) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF STATE AGEN-
CIES, OFFICES, DEPARTMENTS, INCLUDING THE EXECUTIVE DEPARTMENT UPON
COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(VI) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF STATE AGENCIES, OFFICES, AND DEPARTMENTS, INCLUDING THE
EXECUTIVE DEPARTMENT.
C. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING HEREIN ABROGATES COMPLIANCE WITH ANY LAW, RULE,
OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE IS A
CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS SECTION,
SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. Article 5 of the legislative law is amended by adding a new
section 81 to read as follows:
§ 81. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE LEGISLATIVE ETHICS COMMIS-
SION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO
S. 7511--A 31 A. 9511--A
THE LEGISLATURE AND ALL LEGISLATIVE EMPLOYEES, WHICH SHALL INCLUDE
INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL
HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING ELEMENTS:
(A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY LEGISLATIVE EMPLOYEE, CONTRACTOR, OR
EMPLOYEE OF ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE WORKPLACE OF THE
LEGISLATURE.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGISLATIVE
ETHICS COMMISSION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF THE LEGISLATURE. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGISLATIVE ETHICS COMMISSION
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPER-
VISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE
ACTION ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE
DESIGNATED INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED
INDIVIDUAL SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF
INTEREST IN THE ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY
CONFLICT OF INTEREST, THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGIS-
LATIVE ETHICS COMMISSION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO
CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGISLATIVE ETHICS
COMMISSION.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
S. 7511--A 32 A. 9511--A
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATIVE
ETHICS COMMISSION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGISLATIVE ETHICS COMMISSION TO REVIEW THE REPORT AND MAKE A LEGAL
RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH
INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A
DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS
SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE LEGISLATURE;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE LEGIS-
LATURE UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE LEGISLATURE.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
S. 7511--A 33 A. 9511--A
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 3. The judiciary law is amended by adding a new section 219-d to
read as follows:
§ 219-D. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF COURT ADMINIS-
TRATION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE
TO THE JUDICIARY AND ALL JUDICIARY EMPLOYEES, WHICH SHALL INCLUDE INVES-
TIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT
PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF
ANY CONTRACTOR OR OTHER INDIVIDUAL IN THE WORK PLACE OF THE JUDICIARY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
COURT ADMINISTRATION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE JUDICIARY. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE OFFICE OF COURT ADMINISTRATION
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF COURT ADMINIS-
TRATION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTI-
GATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF COURT ADMIN-
ISTRATION.
S. 7511--A 34 A. 9511--A
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF COURT
ADMINISTRATION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGISLATIVE ETHICS COMMISSION TO REVIEW THE REPORT AND MAKE A LEGAL
RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH
INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A
DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS
SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE JUDICIARY;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE
NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
S. 7511--A 35 A. 9511--A
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE LEGIS-
LATURE UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE JUDICIARY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 4. The general municipal law is amended by adding a new section 686
to read as follows:
§ 686. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION SHALL REQUIRE
ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY,
APPLICABLE TO ALL EMPLOYEES OF SUCH POLITICAL SUBDIVISION, WHICH SHALL
INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE
SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTING OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE OR CONTRACTOR OF THE POLI-
TICAL SUBDIVISION OR ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF ANY
CONTRACTOR OR OTHER INDIVIDUAL IN THE WORKPLACE OF THE POLITICAL SUBDI-
VISION.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
OF THE POLITICAL SUBDIVISION BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE POLITICAL SUBDIVISION. IF AN EMPLOYEE
MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL
ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE
EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT
SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL OR OFFICE TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT.
UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGE-
RIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINIS-
TRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDI-
VIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL
S. 7511--A 36 A. 9511--A
ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLE-
GATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, THE
INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGAL COUNSEL.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGAL COUNSEL TO REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO
MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A
LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT
THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPRO-
PRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
S. 7511--A 37 A. 9511--A
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND
THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE POLI-
TICAL SUBDIVISION UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER;
AND
(E) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE POLITICAL SUBDIVISION.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 5. The public authorities law is amended by adding a new section
2854 to read as follows:
§ 2854. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY STATE AND LOCAL AUTHORITY
SHALL REQUIRE ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT
PREVENTION POLICY, APPLICABLE TO ALL EMPLOYEES OF SUCH AUTHORITY, WHICH
SHALL INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM.
THE SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (A) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (B) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE OR CONTRACTOR OF THE
AUTHORITY, OR ANY EMPLOYEE, CONTRACTOR, OR EMPLOYEE OF ANY CONTRACTOR OR
OTHER INDIVIDUAL IN THE WORKPLACE OF THE AUTHORITY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT SHALL ENSURE
AN INVESTIGATION IS OPENED IMMEDIATELY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF THE AUTHORITY. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED
ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT FOR THE
AUTHORITY. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
S. 7511--A 38 A. 9511--A
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATION IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE AUTHORITY.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW;
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED TO
REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
S. 7511--A 39 A. 9511--A
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND
THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE AUTHOR-
ITY UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE AUTHORITY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 6. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subject thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.
PART J
Section 1. Computer science education standards. 1. The governor
shall convene a working group of educators, industry experts, insti-
tutions of higher education and employers to review, develop or adapt
existing frameworks for model kindergarten through grade 12 computer
science standards. In conducting such reviews, the governor shall seek
the recommendations of teachers, school administrators, teacher educa-
tors and others with educational or technological expertise on improve-
ments to the standards in order to ensure that students are prepared, in
appropriate progression, for postsecondary education or employment.
2. On or before March 1, 2019, the working group shall deliver a
report detailing the findings of the working group and model kindergar-
ten through grade 12 computer science standards to the commissioner of
education.
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 305 of the education law is amended by adding a new
subdivision 58 to read as follows:
S. 7511--A 40 A. 9511--A
58. THE COMMISSIONER SHALL ESTABLISH AND DEVELOP A "BE AWARE, BE
INFORMED" AWARENESS, PREVENTION AND EDUCATION PROGRAM WITHIN THE DEPART-
MENT. SUCH PROGRAM SHALL BE DEFINED BY THE COMMISSIONER IN REGULATIONS
AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE DESIGNED TO
EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. SUCH PROGRAM SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) AGE-APPROPRIATE MODEL CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST
PRACTICE INSTRUCTIONAL RESOURCES FOR THE BE AWARE, BE INFORMED PROGRAM.
SUCH MODEL CURRICULUM, LESSON PLANS AND INSTRUCTIONAL RESOURCES SHALL BE
INCLUSIVE AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, ETHNICITY,
GENDER, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY AND INCLUDE
BUT NOT BE LIMITED TO:
(1) MODEL PROVISIONS DEVELOPED BY THE COMMISSIONER AFTER CONSULTATION
WITH EXPERTS IN THE FIELD, INCLUDING THE NEW YORK STATE COALITION
AGAINST DOMESTIC VIOLENCE, OR ITS SUCCESSOR, AND THE NATIONAL SEXUALITY
EDUCATION STANDARDS;
(2) FOR STUDENTS IN GRADES KINDERGARTEN THROUGH FOURTH GRADE:
(I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION-
SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA;
(II) SELF-ESTEEM AND SELF-WORTH;
(III) FRIENDSHIP AND EMPATHY; AND
(IV) AGE-APPROPRIATE MEDICALLY ACCURATE SEXUAL HEALTH.
(3) FOR STUDENTS IN FIFTH GRADE THROUGH TWELFTH GRADE: (I) A DEFI-
NITION OF TEEN DATING VIOLENCE; (II) RECOGNITION OF WARNING SIGNS ESTAB-
LISHED BY A DATING PARTNER; (III) CHARACTERISTICS OF A HEALTHY RELATION-
SHIP; (IV) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (V) SAFE USE
OF TECHNOLOGY; (VI) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE
IN A TEEN DATING VIOLENCE RELATIONSHIP; (VIII) AN OVERVIEW OF THE
SCHOOL'S POLICIES AND PROCEDURES ON TEEN DATING VIOLENCE; (IX) AN AGE-
APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT WITH THAT USED
IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER; AND (X) AGE
APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH. PROVIDED THAT FOR THE
PURPOSES OF BE AWARE, BE INFORMED "AGE APPROPRIATE" SHALL MEAN TOPICS,
MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND DEVELOP-
MENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERIENCE
LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE" SHALL
MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED RESEARCH
RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS AND AGEN-
CIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSOCIATION
AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(B) PUBLIC AVAILABILITY OF ALL MATERIALS FOR THE BE AWARE, BE INFORMED
PROGRAM ON A DEDICATED WEBPAGE ON THE DEPARTMENT'S INTERNET WEBSITE, AND
PROVIDED AT NO COST TO EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, CHARTER SCHOOL AND NONPUBLIC SCHOOL UPON REQUEST.
§ 2. This act shall take effect immediately.
PART L
Section 1. Title 6 of article 2 of the public health law, as added by
chapter 342 of the laws of 2014, is amended by adding a new section 267
to read as follows:
§ 267. FEMININE HYGIENE PRODUCTS IN SCHOOLS. ALL ELEMENTARY AND
SECONDARY PUBLIC SCHOOLS IN THE STATE SERVING STUDENTS IN ANY GRADE FROM
GRADE SIX THROUGH GRADE TWELVE SHALL PROVIDE FEMININE HYGIENE PRODUCTS
IN THE RESTROOMS OF SUCH SCHOOL BUILDING OR BUILDINGS. SUCH PRODUCTS
SHALL BE PROVIDED AT NO CHARGE TO STUDENTS.
S. 7511--A 41 A. 9511--A
§ 2. This act shall take effect July 1, 2018.
PART M
Section 1. Subdivision 15 of section 378 of the executive law is
renumbered as subdivision 18.
§ 2. Subdivision 16 of section 378 of the executive law is renumbered
subdivision 15 and two new subdivisions 16 and 17 are added to read as
follows:
16. STANDARDS REQUIRING THE INSTALLATION AND MAINTENANCE OF AT LEAST
ONE SAFE, SANITARY, AND CONVENIENT DIAPER CHANGING STATION, DECK, TABLE,
OR SIMILAR AMENITY WHICH SHALL BE AVAILABLE FOR USE BY BOTH MALE AND
FEMALE OCCUPANTS AND WHICH SHALL COMPLY WITH SECTION 603.5 (DIAPER
CHANGING TABLES) OF THE TWO THOUSAND NINE EDITION OF THE PUBLICATION
ENTITLED ICC A117.1, ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES,
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., ON EACH FLOOR LEVEL
CONTAINING A PUBLIC TOILET ROOM IN ALL NEWLY CONSTRUCTED BUILDINGS IN
THE STATE THAT HAVE ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY GROUP A
OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND IN ALL EXISTING BUILD-
INGS IN THE STATE THAT HAVE ONE OR MORE AREAS CLASSIFIED AS ASSEMBLY
GROUP A OCCUPANCIES OR MERCANTILE GROUP M OCCUPANCIES AND UNDERGO A
SUBSTANTIAL RENOVATION. THE COUNCIL SHALL PRESCRIBE THE TYPE OF RENO-
VATION TO BE DEEMED TO BE A SUBSTANTIAL RENOVATION FOR THE PURPOSES OF
THIS SUBDIVISION. THE COUNCIL MAY EXEMPT HISTORIC BUILDINGS FROM THE
REQUIREMENTS OF THIS SUBDIVISION.
17. STANDARDS REQUIRING THAT, IN EACH BUILDING THAT HAS ONE OR MORE
AREAS CLASSIFIED AS ASSEMBLY GROUP A OCCUPANCIES OR MERCANTILE GROUP M
OCCUPANCIES AND IN WHICH AT LEAST ONE DIAPER CHANGING STATION, DECK,
TABLE, OR SIMILAR AMENITY IS INSTALLED, A SIGN SHALL BE POSTED IN A
CONSPICUOUS PLACE IN EACH PUBLIC TOILET ROOM INDICATING THE LOCATION OF
THE NEAREST DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY
THAT IS AVAILABLE FOR USE BY THE GENDER USING SUCH PUBLIC TOILET ROOM.
THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY WITHOUT REGARD TO
WHETHER THE DIAPER CHANGING STATION, DECK, TABLE, OR SIMILAR AMENITY WAS
INSTALLED VOLUNTARILY OR PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION
OR ANY OTHER APPLICABLE LAW, STATUTE, RULE, OR REGULATION. NO SUCH SIGN
SHALL BE REQUIRED IN A PUBLIC TOILET ROOM IN WHICH ANY DIAPER CHANGING
STATION, DECK, TABLE, OR SIMILAR AMENITY IS LOCATED.
§ 3. This act shall take effect January 1, 2019; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations by the secretary of state and/or by the state fire
prevention and building code council necessary for the implementation of
section two of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through M of this act shall be
as specifically set forth in the last section of such Parts.
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