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

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 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

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 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[.];

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   [(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].

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   §  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

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 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

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 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:

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   (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

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 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

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 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

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 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-

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 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

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 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

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 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.