NY State Senate Bill 2017-S7651

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2018	referred to codes

co-Sponsors

2017-S7651 (ACTIVE) - Details

See Assembly Version of this Bill:: A8825
Current Committee:: Senate Codes
Law Section:: Social Services Law
Laws Affected:: Add §459-i, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: A5652

2017-S7651 (ACTIVE) - Summary

Details a list of mandated reporters required to make a report to the police authorities when he or she has reasonable cause to suspect that an individual is a victim of domestic violence.

2017-S7651 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7651

SPONSOR: PHILLIPS
 
TITLE OF BILL:

An act to amend the social services law, in relation to the mandatory
reporting of incidents of domestic violence

 
PURPOSE OR GENERAL IDEA OF BILL:

To require certain individuals, when acting in his or her professional
capacity, to report suspected incidents of domestic violence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes a duty to report suspected incidents
of domestic violence by the same individuals mandated to report certain
wounds and bum injuries in accordance with Sections 265.25 and 265.26 of
the Penal Law, as well as any person or official mandated to report
cases of suspected child abuse in accordance with Section 413 of the
Social Services Law.

Subdivision 2 requires such reports to be made to local the law enforce-
ment authority where the reporter is located within 48 hours of the
suspected discovery of abuse.

Subdivision 3 directs a person, who is required to report under this
section in his or her capacity as a member of the staff of an institu-
tion, facility or agency, to immediately notify the person in charge of
such institution, facility or agency of the report.  Further, under this
section, the person in charge is responsible for all subsequent adminis-
tration necessitated by the report. Requires all persons who are
believed to have direct knowledge of the allegations to be named in the
report.

Subdivision 4 prohibits any institution, facility or agency from taking
retaliatory personnel action against an employee because such employee
suspects that an individual coming before him or her is a victim of
senior abuse and that employee makes a report as required under this
section.

Subdivision 5 states that any person, institution, school, facility,
agency, organization, partnership, or corporation which employs a person
required to report under this section must provide all current and new
employees with written information explaining the reporting require-
ments.

Subdivision 6 states that any state or local governmental agency or
authorized agency which issues a license, certificate, or permit to an
individual to operate a family day care home or group family day care
home must provide each person currently holding or seeking such a
license, certificate, or permit with written information explaining the
reporting requirements.

Subdivision 7 provides for penalties for any violation under this
section.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Domestic Violence is a prevalent and ever growing problem in our socie-
ty. It is incredibly underreported, and unfortunately, New York State is
one of the few states that do not require mandatory reporting of
suspected incidents. By expanding the mandatory reporting laws currently
in place in relation to suspected child abuse, as well as certain hospi-
tal protocols, it would significantly help victims unable or scared to
report on their own, and would undoubtedly save lives in the process.
The Assembly Republican Domestic Violence Task Force heard impactful
testimony provided by advocates and attendees stressing the importance
of instituting this legislation.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2017-S7651 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7651
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sens. PHILLIPS, YOUNG -- read twice and ordered printed,
   and when printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  the  mandatory
   reporting of incidents of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 459-i to read as follows:
   § 459-I. DUTY TO REPORT INCIDENTS OF DOMESTIC VIOLENCE. 1. IN ADDITION
 TO  ANY  PERSON  REQUIRED TO REPORT CERTAIN WOUNDS AND BURN INJURIES AND
 WOUNDS IN ACCORDANCE WITH SECTIONS 265.25 AND 265.26 OF THE  PENAL  LAW,
 ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
 OR  MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE
 SOCIAL SERVICES LAW SHALL ALSO BE REQUIRED TO REPORT OR CAUSE  A  REPORT
 TO  BE MADE WHEN HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDI-
 VIDUAL COMING BEFORE HIM OR HER IN HIS OR HER PROFESSIONAL  OR  OFFICIAL
 CAPACITY  IS  A  VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THIS ARTICLE.
   2. SUCH REPORT REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
 MADE WITHIN 48 HOURS OF DISCOVERY TO THE POLICE AUTHORITIES OF THE CITY,
 TOWN OR VILLAGE WHERE THE PERSON REPORTING IS LOCATED.
   3.  WHENEVER  SUCH  PERSON IS REQUIRED TO REPORT UNDER THIS SECTION IN
 HIS OR HER CAPACITY AS A MEMBER OF THE  STAFF  OF  A  MEDICAL  OR  OTHER
 PUBLIC  OR  PRIVATE  INSTITUTION,  SCHOOL, FACILITY OR AGENCY, HE OR SHE
 SHALL MAKE THE REPORT AS REQUIRED BY THIS SECTION AND IMMEDIATELY NOTIFY
 THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILITY OR AGENCY, OR
 HIS OR HER DESIGNATED AGENT. SUCH PERSON IN CHARGE,  OR  THE  DESIGNATED
 AGENT  OF  SUCH PERSON, SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINIS-
 TRATION NECESSITATED BY THE REPORT. ANY REPORT SHALL INCLUDE  THE  NAME,
 TITLE  AND CONTACT INFORMATION FOR EVERY STAFF PERSON OF THE INSTITUTION
 WHO IS BELIEVED TO HAVE DIRECT  KNOWLEDGE  OF  THE  ALLEGATIONS  IN  THE
 REPORT.    NOTHING  IN THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE
 REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13598-01-7

 S. 7651                             2
 
   4. A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL,  FACILITY
 OR  AGENCY SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM
 IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SEVEN  HUNDRED
 FORTY  OF  THE  LABOR  LAW,  AGAINST  AN  EMPLOYEE BECAUSE SUCH EMPLOYEE
 BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
 UAL  COMING  BEFORE HIM OR HER IS A VICTIM OF DOMESTIC VIOLENCE AND THAT
 EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH THIS SECTION.    NO
 SCHOOL,  SCHOOL  OFFICIAL,  CHILD  CARE  PROVIDER, FOSTER CARE PROVIDER,
 RESIDENTIAL  CARE  FACILITY  PROVIDER,  HOSPITAL,  MEDICAL   INSTITUTION
 PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDITIONS,
 INCLUDING  PRIOR  APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF THEIR
 STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS SECTION. AT THE TIME OF
 THE MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR  OFFI-
 CIAL  MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN INVESTIGATION
 MADE PURSUANT TO THIS SECTION.
   5. ANY PERSON, INSTITUTION, SCHOOL,  FACILITY,  AGENCY,  ORGANIZATION,
 PARTNERSHIP  OR  CORPORATION  WHICH  EMPLOYS  PERSONS MANDATED TO REPORT
 SUSPECTED INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE  OF
 THIS SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRIT-
 TEN  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS SET OUT IN SUBDI-
 VISION ONE OF THIS SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE  FOR  THE
 COSTS ASSOCIATED WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
   6.  ANY  STATE OR LOCAL GOVERNMENTAL AGENCY OR AUTHORIZED AGENCY WHICH
 ISSUES A LICENSE, CERTIFICATE OR PERMIT TO AN INDIVIDUAL  TO  OPERATE  A
 FAMILY  DAY  CARE  HOME OR GROUP FAMILY DAY CARE HOME SHALL PROVIDE EACH
 PERSON CURRENTLY HOLDING OR  SEEKING  SUCH  A  LICENSE,  CERTIFICATE  OR
 PERMIT  WITH  WRITTEN  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS
 SET OUT IN SUBDIVISION ONE OF THIS SECTION.
   7. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
 REPORT  A  CASE OF SUSPECTED ABUSE OR MALTREATMENT OF A SENIOR WHO WILL-
 FULLY FAILS TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND  SHALL
 BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   §  2.  This act shall take effect immediately; 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 effec-
 tive date is authorized and directed to be  made  and  completed  on  or
 before such effective date.

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Senate Bill S7651

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S7651 (ACTIVE) - Details

2017-S7651 (ACTIVE) - Summary

2017-S7651 (ACTIVE) - Sponsor Memo

2017-S7651 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7651

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Catharine Young

Rich Funke

2017-S7651 (ACTIVE) - Details

2017-S7651 (ACTIVE) - Summary

2017-S7651 (ACTIVE) - Sponsor Memo

2017-S7651 (ACTIVE) - Bill Text download pdf

Comments