S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3387
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, the criminal procedure law, the fami-
   ly  court  act, the general business law, the insurance law, the labor
   law, the public health law, the social services  law,  and  the  state
   finance  law, in relation to establishing the New York state office to
   end domestic and gender-based violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The article heading of article 21 of the executive law, as
 added by chapter 463 of the laws of 1992, is amended to read as follows:
                                 ARTICLE 21
                        NEW YORK STATE OFFICE [FOR
                         THE PREVENTION OF] TO END
                    DOMESTIC AND GENDER-BASED VIOLENCE
   § 2. Section 575 of the executive law, as added by chapter 463 of  the
 laws  of 1992, subdivisions 3, 4 and 5 as amended by section 1 of part B
 of chapter 55 of the laws of 2021, paragraphs (o) and (p) of subdivision
 3, paragraph (o) as added and paragraph (p) as relettered by chapter 740
 of the laws of 2022, subdivisions 7 and 8 as added by chapter 396 of the
 laws of 1994, subdivision 9 as added by chapter 368 of the laws of 1997,
 subdivision 10 as added by section 3 of part A of  chapter  491  of  the
 laws  of  2012 and paragraph (d) of subdivision 10 as amended by chapter
 248 of the laws of 2017, is amended to read as follows:
   § 575. New York state office [for the prevention of] TO  END  domestic
 AND  GENDER-BASED violence. 1.  Establishment of office. There is hereby
 established within the executive department the "New York  state  office
 [for  the  prevention  of]  TO  END domestic AND GENDER-BASED violence",
 hereinafter in this section referred to as the "office".
   2. Duties and responsibilities. The office shall advise  the  governor
 and  the  legislature on the most effective ways for state government to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05136-01-3
              

 A. 3387                             2
 
 respond to  the  problem  of  domestic  AND  GENDER-BASED  violence.  In
 fulfilling  this  responsibility, the office shall consult with experts,
 service providers and  representative  organizations  in  the  field  of
 domestic  AND  GENDER-BASED  violence  and  shall act as an advocate for
 domestic  AND  GENDER-BASED  violence  victims   and   SURVIVOR-CENTERED
 programs.
   3.   DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DOMESTIC VIOLENCE" MEANS A PATTERN OF BEHAVIOR USED BY  AN  INDI-
 VIDUAL  TO  ESTABLISH AND MAINTAIN POWER AND CONTROL OVER THEIR INTIMATE
 PARTNER.  SUCH BEHAVIOR INCLUDES ABUSIVE AND COERCIVE  TACTICS,  THREATS
 AND  ACTIONS THAT MAY OR MAY NOT RISE TO THE LEVEL OF CRIMINAL BEHAVIOR,
 INCLUDING, BUT NOT LIMITED TO, PHYSICAL, EMOTIONAL, FINANCIAL, AND SEXU-
 AL ABUSE.
   (B) "GENDER-BASED VIOLENCE" MEANS THREATS TO  HARM,  OR  ACTUAL  HARMS
 COMMITTED  AGAINST A PERSON OR PERSONS BASED ON ACTUAL OR PERCEIVED SEX,
 GENDER, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION OR OTHER  SUCH
 SEX/GENDER  RELATED  CHARACTERISTICS.    "GENDER-BASED  VIOLENCE"  SHALL
 INCLUDE, BUT NOT BE LIMITED  TO,  DOMESTIC  VIOLENCE;  SEXUAL  VIOLENCE;
 HUMAN  TRAFFICKING;  REPRODUCTIVE  COERCION  AND VIOLENCE; STALKING; AND
 CHILD-ABUSE  AS  CONNECTED  TO  GENDER-BASED  VIOLENCE.    "GENDER-BASED
 VIOLENCE"  SHALL  NOT  INCLUDE ACTIONS TAKEN BY A PERSON IN SELF-DEFENSE
 AGAINST AN ACT OR SERIES OF ACTS OF GENDER-BASED VIOLENCE.
   4. Activities. In addition, the office  shall  develop  and  implement
 policies  and  programs  designed  to  assist  victims  of  domestic AND
 GENDER-BASED violence and their families, and to provide  education  and
 prevention,   training  and  technical  assistance.  Such  domestic  AND
 GENDER-BASED violence-related  activities  shall  include,  but  not  be
 limited to:
   (a) Serving as a clearinghouse for information and materials;
   (b)  Developing  and coordinating community outreach and public educa-
 tion throughout the state;
   (c) Developing and delivering training to professionals, including but
 not limited to professionals in the fields of:
   (i) domestic AND GENDER-BASED violence;
   (ii) health and mental health;
   (iii) social and human services;
   (iv) public education;
   (v) law enforcement and criminal justice;
   (vi) alcohol and substance abuse;
   (d) Developing and promoting school-based prevention programs;
   (e) Providing technical  assistance  to  state  and  local  government
 bodies  and  other agencies and to private BUSINESSES AND not-for-profit
 corporations, on effective SURVIVOR-CENTERED policies and  responses  to
 domestic  AND  GENDER-BASED  violence,  including  development  of model
 [domestic violence] policies[, pursuant to subdivisions seven, eight and
 nine of this section];
   (f) Promoting and facilitating  interagency  cooperation  among  state
 agencies  and  intergovernmental cooperation between different levels of
 government in the state in the delivery and/or funding of  SURVIVOR-CEN-
 TERED services;
   (g)  Operating, IN COLLABORATION WITH SURVIVORS, STATE COALITIONS, AND
 OTHER STAKEHOLDERS, as an advocate for [domestic violence services  and]
 victims  AND  FOR  SURVIVOR-CENTERED  DOMESTIC AND GENDER-BASED VIOLENCE
 SERVICES, INCLUDING PERIODIC SOLICITATION OF INPUT  FROM  SURVIVORS  AND
 SERVICE PROVIDERS REGARDING SUCCESSES, CHALLENGES, AND NEEDS;
 A. 3387                             3
 
   (h)  Undertaking  program  and  services  needs assessments on its own
 initiative or at the request of the governor, the legislature or service
 providers;
   (i)  Examining  the  relationship  between  domestic  AND GENDER-BASED
 violence and other problems and  making  recommendations  for  effective
 policy response;
   (j) Collecting data, conducting research, and holding public hearings;
   (k) Making periodic reports to the governor and the legislature recom-
 mending  policy  and  program directions and reviewing the activities of
 the office;
   (l) [Developing] WORKING WITH STAKEHOLDERS IN DEVELOPING and promoting
 [senior center based] GENDER-BASED VIOLENCE prevention programs;
   (m) [promoting best practices for abusive partner intervention] INVES-
 TIGATING, ESTABLISHING AND PROMOTING BEST PRACTICES  FOR  ACCOUNTABILITY
 FOR THOSE WHO HARM THEIR INTIMATE PARTNERS;
   (n)  Administering  grant  funds  appropriated  and  made available to
 support   compliance   with   article   one   hundred    [twenty-nine-b]
 TWENTY-NINE-B  of  the  education  law;  and  undertaking  such actions,
 duties, and responsibilities as may be necessary to serve the purpose of
 article one hundred [twenty-nine-b] TWENTY-NINE-B of the education  law;
 and
   (o)  (i)  Contracting,  within  amounts appropriated for such purpose,
 with the not-for-profit entity the  New  York  State  Coalition  Against
 Domestic  Violence,  to  develop a training program as described in this
 paragraph. Such entity shall be responsible for providing such  training
 to  psychiatrists,  psychologists and social workers who are licensed in
 the state of New York,  so  that  such  individuals  may  conduct  court
 ordered  forensic  evaluations  involving  child  custody and visitation
 pursuant to paragraph (a-3) of subdivision one of  section  two  hundred
 forty  of  the  domestic  relations  law; and for reviewing and updating
 training topics at least once  every  two  years.  Such  training  shall
 include, but not be limited to, a review of: relevant statutes; case law
 and psychological definitions of domestic violence; coercive control and
 child  abuse;  the  dynamics  and  effects  of domestic AND GENDER-BASED
 violence and child abuse,  including  but  not  limited  to,  emotional,
 financial,  physical,  technological  and sexual abuse; the barriers and
 fears associated with reporting domestic AND GENDER-BASED  violence  and
 child  abuse  and why victims may not have documented evidence of abuse;
 tactics commonly used by one party to induce fear in  another  party  or
 child,  including  verbal,  emotional,  psychological,  and/or  economic
 abuse, isolating techniques, coercive control, and monitoring of a part-
 ner's location and activities; litigation abuse and demands for  custody
 or  joint  custody  in order to pressure the partner to return or punish
 the partner for leaving; trauma, particularly as it  relates  to  sexual
 abuse  and  the  risks  posed  to children and the long-term dangers and
 impacts imposed by the presence of adverse  childhood  experiences;  the
 increased  risk  of escalating violence that occurs during child custody
 proceedings; and the danger of basing child custody decisions on  claims
 that  a  child's  deficient  or  negative  relationship with a parent is
 caused by the other parent.
   (ii) The office, in consultation with the  New  York  State  Coalition
 Against Domestic Violence, shall determine a reasonable number of train-
 ing-hours  that shall be required for the first instance such program is
 provided to  psychiatrists,  psychologists  and  social  workers  and  a
 reasonable  number  of  training-hours that shall be required for subse-
 quent refresher courses provided to such individuals.
 A. 3387                             4
 
   (iii) The New York State Coalition Against Domestic Violence shall  be
 responsible for providing a certification of completion to each psychia-
 trist,  psychologist  or social worker who satisfies the requirements of
 such training program,  so  that  such  individuals  may  conduct  court
 ordered  forensic  evaluations  involving  child  custody and visitation
 pursuant to paragraph (a-3) of subdivision one of  section  two  hundred
 forty of the domestic relations law; and
   (p)  Any  other activities including the making of and promulgation of
 rules and regulations deemed necessary to facilitate the  prevention  of
 domestic violence within the scope and purview of this article which are
 not otherwise inconsistent with any other provisions of law.
   [4.]  5.  Advisory  council.  (a) An advisory council is hereby estab-
 lished to make recommendations on  domestic  AND  GENDER-BASED  violence
 related  issues  and effective strategies [for the prevention of] TO END
 domestic AND GENDER-BASED violence, to  assist  in  the  development  of
 appropriate  policies  and priorities for effective intervention, public
 education and advocacy, and to facilitate and assure  communication  and
 coordination  of  efforts  among  state  agencies  and between different
 levels of government, state, federal, and municipal, [for the prevention
 of] TO END domestic AND GENDER-BASED violence.
   (b) The advisory council shall consist of nine members  and  seventeen
 ex-officio  members.  Each member shall be appointed to serve for a term
 of three years and shall continue in office until a successor  appointed
 member  is made. A member appointed to fill a vacancy shall be appointed
 for the unexpired term of the member he or she is to succeed. All of the
 members shall be individuals with expertise in the area of domestic  AND
 GENDER-BASED violence. Three members shall be appointed by the governor,
 two  members shall be appointed upon the recommendation of the temporary
 president of the senate, two members shall be appointed upon the  recom-
 mendation  of the speaker of the assembly, one member shall be appointed
 upon the recommendation of the minority leader of the  senate,  and  one
 member shall be appointed upon the recommendation of the minority leader
 of  the  assembly.  The  ex-officio  members of the advisory board shall
 consist of the director of the office, who shall chair the council,  and
 the following members or their designees: the commissioner of the office
 of  temporary and disability assistance; the commissioner of the depart-
 ment of health;  the  commissioner  of  the  education  department;  the
 commissioner  of  the  office  of mental health; the commissioner of the
 office of addiction services and supports; the commissioner of the divi-
 sion of criminal justice services; the superintendent of the division of
 state police; the director of the office of probation  and  correctional
 alternatives;  the  commissioner  of  the  office of children and family
 services; the director of the  office  of  victim  services;  the  chief
 administrative  judge of the office of court administration; the commis-
 sioner of the department of labor; the director of the state office  for
 the  aging; the commissioner of the department of corrections and commu-
 nity supervision; the commissioner of homes and community  renewal;  the
 chief executive officer of the New York state coalition against domestic
 violence;  and  the  executive  director of the New York state coalition
 against sexual assault.
   (c) The advisory council shall meet as often as  deemed  necessary  by
 the chair but in no event less than two times per year.
   (d)  The  members  of  the advisory council shall receive no salary or
 other  compensation  for  their  services  but  shall  be  entitled   to
 reimbursement for actual and necessary expenses incurred in the perform-
 ance  of  their  duties  within  amounts made available by appropriation
 A. 3387                             5
 
 therefor subject to the approval of the  director  of  the  budget.  The
 ex-officio  members  of the advisory council shall receive no additional
 compensation for their services on the advisory council above the salary
 they  receive  from  the respective departments or divisions that employ
 them.
   [5.] 6. Executive director. (a) The governor shall appoint  an  execu-
 tive  director  of  the  office  who  shall serve at the pleasure of the
 governor.
   (b) The executive director shall receive an annual salary fixed by the
 governor within the amounts appropriated specifically therefor and shall
 be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
 connection with the performance of the director's duties.
   (c) The director of the office, with the approval of the governor, may
 accept as agent of the state any grant, including federal grants, or any
 gift  or donation for any of the purposes of this article. Any moneys so
 received may be expended by the office to effectuate any purpose of this
 article, subject to the applicable provisions of the state finance law.
   (d) The executive director shall appoint staff and perform such  other
 functions to ensure the efficient operation of the office.
   [6.] 7. Assistance of other agencies. The office may request and shall
 receive in a timely manner from any department, division, board, bureau,
 commission  or  agency  of the state, such information and assistance as
 shall enable it to properly carry out its powers and duties pursuant  to
 this article.
   [7.  Model domestic violence policy for counties. (a) The office shall
 convene a task force of  county  level  municipal  officials,  municipal
 police  and  members  of  the  judiciary,  or their representatives, and
 directors of domestic violence programs, including representatives  from
 a  statewide  advocacy  organization  for  the  prevention  of  domestic
 violence, to develop a model domestic violence policy for counties.  For
 the  purposes  of this subdivision, "county" shall have the same meaning
 as such term is defined in section three of the county law, except  that
 the  city of New York shall be deemed to be one county. The office shall
 give due consideration to  the  recommendations  of  the  governor,  the
 temporary  president  of  the senate and the speaker of the assembly for
 participation by any person on the task force, and shall make reasonable
 efforts to assure regional balance in membership.
   (b) The purpose of the model policy shall be  to  provide  consistency
 and coordination by and between county agencies and departments, includ-
 ing criminal justice agencies and the judiciary, and, as appropriate, by
 municipalities  or  other  jurisdictions  within  the  county  and other
 governmental agencies and departments, by assuring that best  practices,
 policies,  protocols  and  procedures  are  used to address the issue of
 domestic violence, and to secure the safety of the victim including, but
 not limited to:
   (i) response, investigation and arrest policies by police agencies;
   (ii) response by other criminal justice agencies,  including  disposi-
 tion  of  domestic violence complaints, the provision of information and
 orders of protection;
   (iii) response by human services and health agencies, including  iden-
 tification, assessment, intervention and referral policies and responses
 to victims and the perpetrators of domestic violence;
   (iv) training and appropriate and relevant measures for periodic eval-
 uation of community efforts; and
   (v)  other  issues  as  shall be appropriate and relevant for the task
 force to develop such policy.
 A. 3387                             6

   (c) Such model policy shall be reviewed by the task  force  to  assure
 consistency  with  existing  law and shall be made the subject of public
 hearings convened by the office throughout the state at  places  and  at
 times which are convenient for attendance by the public, after which the
 policy  shall  be reviewed by the task force and amended as necessary to
 reflect concerns raised at the hearings. If approved by the task  force,
 such  model policy shall be provided as approved with explanation of its
 provisions to the governor and the legislature not later than two  years
 after the effective date of this subdivision. Notification of the avail-
 ability  of  such  model  domestic  violence policy shall be made by the
 office to every county in the state, and copies of the policy  shall  be
 made available to them upon request.
   (d)  The  office  in  consultation  with  the task force, providers of
 service, the advisory council and others, including representatives of a
 statewide advocacy organization for the  prevention  domestic  violence,
 shall  provide technical support, information and encouragement to coun-
 ties to implement  the  provisions  of  the  model  policy  on  domestic
 violence.
   (e)  Nothing  contained in this subdivision shall be deemed to prevent
 the governing body of a county from designating a local advisory commit-
 tee to investigate the issues, work with providers of domestic  violence
 programs  and other interested parties, and to aid in the implementation
 of the policy required by this subdivision. Such governing body or advi-
 sory committee may request and shall receive technical  assistance  from
 the  office  for the development of such a policy. Implementation of the
 model domestic violence policy may  take  place  in  a  form  considered
 appropriate  by  the  governing  body of a county, including guidelines,
 regulations and local laws.
   (f) The office shall survey county governments within  four  years  of
 the effective date of this subdivision to determine the level of compli-
 ance  with the model domestic violence policy, and shall take such steps
 as shall be necessary to aid county governments in the implementation of
 such policy.]
   8. State domestic violence policy. [(a) The office shall survey  every
 state  agency to determine any activities, programs, rules, regulations,
 guidelines or statutory requirements that  have  a  direct  or  indirect
 bearing  on  the  state's  efforts and abilities to address the issue of
 domestic violence including,  but  not  limited  to,  the  provision  of
 services  to  victims and their families. Within two years of the effec-
 tive date of this subdivision, the office shall compile such information
 and provide a report, with appropriate comments and recommendations,  to
 the  governor and the legislature. For the purposes of this subdivision,
 "state agency" shall have the same meaning as such term  is  defined  in
 section two-a of the state finance law.
   (b)  Within  three years of the effective date of this subdivision the
 office shall recommend a state domestic violence policy consistent  with
 statute  and  best  practice,  policies, procedures and protocols to the
 governor and the legislature. The purpose of such model policy shall  be
 to  provide  consistency  and coordination by and between state agencies
 and departments to address the issue of domestic violence. In developing
 such model policy, the office shall consult with  a  statewide  advocacy
 organization  for  the prevention of domestic violence, and shall assure
 that the advisory council reviews all data and recommendations and shall
 not submit such model policy until approved  by  the  advisory  council.
 Such  recommendations shall be provided exclusive of any study or report
 the office is required to undertake pursuant to a chapter of the laws of
 A. 3387                             7

 nineteen hundred ninety-four, entitled "the family protection and domes-
 tic violence intervention act of 1994".
   (c)]  No  state  agency  shall promulgate a rule pursuant to the state
 administrative procedure act, or adopt a guideline or  other  procedure,
 including  a request for proposals, directly or indirectly affecting the
 provision of services to victims of domestic AND GENDER-BASED  violence,
 or  the provision of services by residential or non-residential domestic
 violence programs, as such terms are defined  in  section  four  hundred
 fifty-nine-a  of  the  social services law, or establish a grant program
 directly or indirectly affecting such victims  of  domestic  OR  GENDER-
 BASED  violence  or  providers  of service, without first consulting the
 office, which shall provide all comments  in  response  to  such  rules,
 guidelines  or  procedures  in  writing  directly to the chief executive
 officer of such agency, to the administrative regulations review commit-
 tee and to the appropriate committees of the legislature  having  juris-
 diction  of  the  subject  matter  addressed within two weeks of receipt
 thereof, provided that failure of the  office  to  respond  as  required
 herein  shall  not  otherwise impair the ability of such state agency to
 promulgate a rule. This paragraph shall not apply  to  an  appropriation
 which  finances  a contract with a not-for-profit organization which has
 been identified for a state agency without the  use  of  a  request  for
 proposals.
   9.  [Model domestic violence employee awareness and assistance policy.
 (a) The office shall convene a task force including members of the busi-
 ness community, employees, employee organizations, representatives  from
 the  department  of  labor and the empire state development corporation,
 and directors of domestic violence programs,  including  representatives
 of  statewide  advocacy  organizations  for  the  prevention of domestic
 violence, to develop a model domestic violence  employee  awareness  and
 assistance policy for businesses.
   The  office shall give due consideration to the recommendations of the
 governor, the temporary president of the senate, and the speaker of  the
 assembly  for  participation  by any person on the task force, and shall
 make reasonable efforts to assure regional balance in membership.
   (b) The purpose of the model employee awareness and assistance  policy
 shall be to provide businesses with the best practices, policies, proto-
 cols  and  procedures  in  order  that  they ascertain domestic violence
 awareness in the workplace, assist affected  employees,  and  provide  a
 safe  and  helpful working environment for employees currently or poten-
 tially experiencing the effects of domestic  violence.  The  model  plan
 shall include but not be limited to:
   (i)  the establishment of a definite corporate policy statement recog-
 nizing domestic violence as a workplace issue as well as  promoting  the
 need  to maintain job security for those employees currently involved in
 domestic violence disputes;
   (ii) policy and service publication  requirements,  including  posting
 said  policies  and  service  availability  pamphlets in break rooms, on
 bulletin boards, restrooms and other communication methods;
   (iii) a listing of current domestic violence community resources  such
 as  shelters,  crisis intervention programs, counseling and case manage-
 ment programs, legal assistance and advocacy opportunities for  affected
 employees;
   (iv) measures to ensure workplace safety including, where appropriate,
 designated  parking  areas,  escort services and other affirmative safe-
 guards;
 A. 3387                             8

   (v) training programs and protocols designed to educate employees  and
 managers in how to recognize, approach and assist employees experiencing
 domestic violence, including both victims and batterers; and
   (vi)  other  issues  as shall be appropriate and relevant for the task
 force in developing such model policy.
   (c) Such model policy shall be reviewed by the task  force  to  assure
 consistency  with  existing  law and shall be made the subject of public
 hearings convened by the office throughout the state at  places  and  at
 times which are convenient for attendance by the public, after which the
 policy  shall  be reviewed by the task force and amended as necessary to
 reflect concerns raised at the hearings. If approved by the task  force,
 such  model policy shall be provided as approved with explanation of its
 provisions to the governor and the legislature not later than  one  year
 after  the  effective  date  of  this subdivision. The office shall make
 every effort to notify businesses of  the  availability  of  such  model
 domestic violence employee awareness and assistance policy.
   (d)  The  office  in  consultation  with  the task force, providers of
 services, the advisory council, the  department  of  labor,  the  empire
 state development corporation, and representatives of statewide advocacy
 organizations  for  the  prevention  of domestic violence, shall provide
 technical support,  information,  and  encouragement  to  businesses  to
 implement  the provisions of the model domestic violence employee aware-
 ness and assistance policy.
   (e) Nothing contained in this subdivision shall be deemed  to  prevent
 businesses  from adopting their own domestic violence employee awareness
 and assistance policy.
   (f) The office shall survey businesses within four years of the effec-
 tive date of this  section  to  determine  the  level  of  model  policy
 adoption  amongst  businesses  and shall take steps necessary to promote
 the further adoption of such policy.
   10.] Fatality review team. (a) There shall be established  within  the
 office  a fatality review team for the purpose of analyzing, in conjunc-
 tion with local representation, the domestic violence-related  death  or
 near death of individuals, with the goal of:
   (i)  examining  the  trends  and patterns of domestic violence-related
 fatalities in New York state;
   (ii) educating the public, service providers, and  policymakers  about
 domestic   violence  fatalities  and  strategies  for  intervention  and
 prevention; and
   (iii) recommending policies, practices, procedures,  and  services  to
 reduce fatalities due to domestic violence.
   (b)  A  domestic  violence-related  death or near death shall mean any
 death or near death caused by a family or household member as defined in
 section eight hundred twelve of the family court act or  section  530.11
 of  the  criminal procedure law, except that there shall be no review of
 the death or near death of a child for those cases in which  the  office
 of  children  and family services is required to issue a fatality report
 in accordance with subdivision five of  section  twenty  of  the  social
 services law.
   (c)  The  team  shall  review deaths or near deaths in cases that have
 been adjudicated and have received a final judgment  and  that  are  not
 under investigation.
   (d)  Members  of  a  domestic  violence  fatality review team shall be
 appointed by the executive director, [in consultation with the  advisory
 council,]  and  shall include, but not be limited to, one representative
 from the office of children and family services, the office of temporary
 A. 3387                             9
 
 and disability assistance, the division of  criminal  justice  services,
 the state police, the department of health, the office of court adminis-
 tration,  the  office  of  probation  and correctional alternatives, the
 department  of  corrections  and  community  supervision,  the office of
 victim services, at least one representative from local law enforcement,
 a county prosecutor's office, a local social services district, a member
 of the judiciary, and a domestic violence services program  approved  by
 the office of children and family services. A domestic violence fatality
 review  team  may  also  include  representatives  from  sexual  assault
 services programs, public health,  mental  health  and  substance  abuse
 agencies,  hospitals, clergy, local school districts, local divisions of
 probation, local offices of the department of corrections and  community
 supervision,  the  office  of the medical examiner or coroner, any local
 domestic violence task force, coordinating council or other  interagency
 entity  that meets regularly to support a coordinated community response
 to domestic violence, any other program that provides services to domes-
 tic violence victims, or any other person necessary to the work  of  the
 team, including survivors of domestic violence.
   (e)  The  team  shall  identify potential cases and shall select which
 deaths or near deaths will be reviewed each year. Localities may request
 that the team conduct a review of a particular death or near death.
   (f) The team shall work with officials and  organizations  within  the
 community where the death or near death occurred to conduct each review.
   (g)  Team members shall serve without compensation but are entitled to
 be reimbursed for travel expenses to the  localities  where  a  fatality
 review will be conducted and members who are full-time salaried officers
 or  employees  of the state or of any political subdivision of the state
 are entitled to their regular compensation.
   (h) To the extent consistent with federal law, upon request  the  team
 shall  be provided client-identifiable information and records necessary
 for the investigation of a domestic violence-related death or near death
 incident, including, but not limited to:
   (i) records maintained by a local social services district;
   (ii) law enforcement records,  except  where  the  provision  of  such
 records would interfere with an ongoing law enforcement investigation or
 identify  a  confidential source or endanger the safety or welfare of an
 individual;
   (iii) court records;
   (iv) probation and parole records;
   (v) records from  domestic  violence  residential  or  non-residential
 programs;
   (vi)  records from any relevant service provider, program or organiza-
 tion; and
   (vii) all other relevant records in the possession of state and  local
 officials  or agencies provided, however, no official or agency shall be
 required to provide information or records concerning a person  charged,
 investigated  or  convicted  in such death or near death in violation of
 such person's attorney-client privilege.
   (i) Any information or  records  otherwise  SEALED,  confidential  and
 privileged  in  accordance with state law which are provided to the team
 shall remain SEALED, confidential, AND PRIVILEGED as otherwise  provided
 by  law.  All  records received, meetings conducted, reports and records
 made and maintained and all books and papers obtained by the team  shall
 be confidential and shall not be open or made available, except by court
 order or as set forth in paragraphs (k) and (l) of this subdivision.
 A. 3387                            10
 
   (j)  Any person who releases or permits the release of any information
 protected under paragraph (i) of this subdivision to persons or agencies
 not authorized to receive such information shall be guilty of a class  A
 misdemeanor.
   (k) Team members and persons who present information to the team shall
 not  be  questioned  in  any  civil or criminal proceeding regarding any
 opinions formed as a result of a meeting of the team.  Nothing  in  this
 section  shall  be  construed  to prevent a person from testifying as to
 information which is obtained independently of the team  or  information
 which is public.
   (l)  Team  members  are  not liable for damages or other relief in any
 action brought by reason of the reasonable and good faith performance of
 a duty, function, or activity of the team.
   (m) Consistent with all federal and state confidentiality protections,
 the team may provide recommendations to any  individual  or  entity  for
 appropriate  actions  to  improve  a  community's  response  to domestic
 violence.
   (n) The team shall periodically submit  a  cumulative  report  to  the
 governor  and  the  legislature  incorporating  the aggregate data and a
 summary of the general findings and recommendations resulting  from  the
 domestic  violence  fatality reviews completed pursuant to this subdivi-
 sion. The cumulative report shall thereafter be made  available  to  the
 public, consistent with federal and state confidentiality protections.
   § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
 amended  by  chapter  663  of  the  laws  of 2019, is amended to read as
 follows:
   6. Notice. Every police officer, peace officer  or  district  attorney
 investigating  a  family  offense  under  this  article shall advise the
 victim of the availability of a shelter or other services in the  commu-
 nity,  and shall immediately give the victim written notice of the legal
 rights and remedies available to a victim of a family offense under  the
 relevant  provisions  of  this  chapter  and the family court act.  Such
 notice shall be prepared, at minimum, in plain English, Spanish, Chinese
 and Russian and if necessary,  shall  be  delivered  orally,  and  shall
 include but not be limited to the information contained in the following
 statement:
   "Are  you  the  victim of domestic violence? If you need help now, you
 can call 911 for the police to come to you. You can also call a domestic
 violence hotline. You can have a confidential talk with an  advocate  at
 the  hotline  about  help you can get in your community including: where
 you can get treatment for injuries, where you can get shelter, where you
 can get support, and what you can do to be  safe.  The  New  York  State
 24-hour  Domestic & Sexual Violence Hotline number is (insert the state-
 wide multilingual 800 number). They can give  you  information  in  many
 languages. If you are deaf or hard of hearing, call 711.
   This is what the police can do:
   They can help you and your children find a safe place such as a family
 or friend's house or a shelter in your community.
   You  can ask the officer to take you or help you and your children get
 to a safe place in your community.
   They can help connect you to a local domestic violence program.
   They can help you get to a hospital or clinic for medical care.
   They can help you get your personal belongings.
   They must complete a report discussing the incident.  They  will  give
 you  a  copy  of  this  police report before they leave the scene. It is
 free.
 A. 3387                            11
 
   They may, and sometimes must, arrest the person who harmed you if  you
 are  the victim of a crime. The person arrested could be released at any
 time, so it is important to plan for your safety.
   If  you  have  been abused or threatened, this is what you can ask the
 police or district attorney to do:
   File a criminal complaint against the person who harmed you.
   Ask the criminal court to issue an order of  protection  for  you  and
 your  child  if  the  district  attorney  files a criminal case with the
 court.
   Give you information about filing a family offense  petition  in  your
 local family court.
   You  also  have  the  right  to  ask  the family court for an order of
 protection for you and your children.
   This is what you can ask the family court to do:
   To have your family offense petition filed the  same  day  you  go  to
 court.
   To  have your request heard in court the same day you file or the next
 day court is open.
   Only a judge can issue an order of protection. The judge does that  as
 part  of  a  criminal or family court case against the person who harmed
 you. An order of protection in family court or  in  criminal  court  can
 say:
   That  the  other  person  have no contact or communication with you by
 mail, phone, computer or through other people.
   That the other person stay away from you and your children, your home,
 job or school.
   That the other person not  assault,  harass,  threaten,  strangle,  or
 commit another family offense against you or your children.
   That  the  other  person turn in their firearms and firearms licenses,
 and not get any more firearms.
   That you have temporary custody of your children.
   That the other person pay temporary child support.
   That the other person not harm your pets or service animals.
   If the family court is closed because it is night,  a  weekend,  or  a
 holiday,  you  can  go  to  a  criminal  court  to  ask  for an order of
 protection.
   If you do not speak English or cannot speak it well, you can  ask  the
 police,  the  district  attorney, or the criminal or family court to get
 you an interpreter who speaks your language. The  interpreter  can  help
 you explain what happened.
   You  can  get  the forms you need to ask for an order of protection at
 your local family court (insert addresses and  contact  information  for
 courts). You can also get them online: www.NYCourts.gov/forms.
   You do not need a lawyer to ask for an order of protection.
   You  have  a  right to get a lawyer in the family court. If the family
 court finds that you cannot afford to pay for a lawyer, it must get  you
 one for free.
   If you file a complaint or family court petition, you will be asked to
 swear to its truthfulness because it is a crime to file a legal document
 that you know is false."
   The  division  of  criminal  justice services in consultation with the
 state office [for the prevention of] TO END  domestic  AND  GENDER-BASED
 violence  shall  prepare the form of such written notice consistent with
 provisions of this section and distribute copies thereof to  the  appro-
 priate law enforcement officials pursuant to subdivision nine of section
 eight hundred forty-one of the executive law.
 A. 3387                            12

   Additionally,  copies  of  such  notice shall be provided to the chief
 administrator of the courts to  be  distributed  to  victims  of  family
 offenses  through  the criminal court at such time as such persons first
 come before the court and to the state department of health for distrib-
 ution  to all hospitals defined under article twenty-eight of the public
 health law. No cause of action for damages shall arise in favor  of  any
 person  by  reason  of any failure to comply with the provisions of this
 subdivision except upon a showing of gross negligence or willful miscon-
 duct.
   § 4. Section 214-b of the executive law, as amended by chapter 432  of
 the laws of 2015, is amended to read as follows:
   § 214-b. Family  offense  intervention.  The superintendent shall, for
 all members of the state police  including  new  and  veteran  officers,
 develop, maintain and disseminate, in consultation with the state office
 [for the prevention of] TO END domestic AND GENDER-BASED violence, writ-
 ten  policies and procedures consistent with article eight of the family
 court act and applicable provisions of the criminal procedure and domes-
 tic relations laws, regarding the investigation of and  intervention  in
 incidents  of  family  offenses. Such policies and procedures shall make
 provision for education and training in the interpretation and  enforce-
 ment of New York's family offense laws, including but not limited to:
   (a)  intake  and recording of victim statements, and the prompt trans-
 lation of such statements if made in a language other than  English,  in
 accordance  with  subdivision  (c)  of  this  section, on a standardized
 "domestic violence incident report form" promulgated by the state  divi-
 sion  of  criminal justice services in consultation with the superinten-
 dent and with the state office [for the prevention of] TO  END  domestic
 AND GENDER-BASED violence, and the investigation thereof so as to ascer-
 tain  whether  a crime has been committed against the victim by a member
 of the victim's family or household as such terms are defined in section
 eight hundred twelve of the family court act and section 530.11  of  the
 criminal procedure law;
   (b)  the  need for immediate intervention in family offenses including
 the arrest and detention of alleged offenders, pursuant  to  subdivision
 four  of  section  140.10  of  the criminal procedure law, and notifying
 victims of their rights, in their  native  language,  if  identified  as
 other  than English, in accordance with subdivision (c) of this section,
 including but not limited to immediately providing the victim  with  the
 written  notice  provided  in  subdivision  six of section 530.11 of the
 criminal procedure law and subdivision five  of  section  eight  hundred
 twelve of the family court act.
   (c)  The superintendent, in consultation with the division of criminal
 justice services and the office [for the prevention of] TO END  domestic
 AND  GENDER-BASED  violence  shall determine the languages in which such
 translation required by subdivision (a) of this section, and the notifi-
 cation required pursuant to subdivision (b) of this  section,  shall  be
 provided.  Such determination shall be based on the size of the New York
 state population that  speaks  each  language  and  any  other  relevant
 factor. Such written notice required pursuant to subdivision (b) of this
 section  shall  be  made  available  to all state police officers in the
 state.
   § 5. Subdivision 1 of section 221-a of the executive law,  as  amended
 by chapter 492 of the laws of 2015, is amended to read as follows:
   1.  The  superintendent, in consultation with the division of criminal
 justice services, office of court administration, and  the  office  [for
 the  prevention  of]  TO  END  domestic AND GENDER-BASED violence, shall
 A. 3387                            13
 
 develop a comprehensive plan for the establishment and maintenance of  a
 statewide  computerized  registry  of  all  orders  of protection issued
 pursuant to articles four, five, six, eight and ten of the family  court
 act,  section  530.12 of the criminal procedure law and, insofar as they
 involve victims of domestic violence as defined by section four  hundred
 fifty-nine-a  of the social services law, section 530.13 of the criminal
 procedure law and sections two hundred forty and two  hundred  fifty-two
 of the domestic relations law, and orders of protection issued by courts
 of competent jurisdiction in another state, territorial or tribal juris-
 diction,  special  orders  of conditions issued pursuant to subparagraph
 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
 criminal procedure law insofar as they involve a victim  or  victims  of
 domestic  violence as defined by subdivision one of section four hundred
 fifty-nine-a of the social services  law  or  a  designated  witness  or
 witnesses to such domestic violence, and all warrants issued pursuant to
 sections  one  hundred fifty-three and eight hundred twenty-seven of the
 family court act, and arrest and bench warrants as defined  in  subdivi-
 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
 nal  procedure  law,  insofar  as  such  warrants  pertain  to orders of
 protection or temporary orders of protection;  provided,  however,  that
 warrants issued pursuant to section one hundred fifty-three of the fami-
 ly  court  act  pertaining  to  articles three and seven of such act and
 section 530.13 of the criminal procedure law shall not  be  included  in
 the  registry.  The  superintendent  shall  establish  and maintain such
 registry for the purposes of ascertaining the  existence  of  orders  of
 protection,  temporary orders of protection, warrants and special orders
 of conditions, and for enforcing the  provisions  of  paragraph  (b)  of
 subdivision four of section 140.10 of the criminal procedure law.
   §  6.  The  opening  paragraph of subdivision 15 of section 837 of the
 executive law, as amended by chapter 432 of the laws of 2015, is amended
 to read as follows:
   Promulgate, in consultation with the superintendent  of  state  police
 and  the  state  office  [for  the  prevention  of]  TO END domestic AND
 GENDER-BASED violence, and in accordance with paragraph (f) of  subdivi-
 sion  three  of section eight hundred forty of this article, a standard-
 ized "domestic violence incident report form" for use by state and local
 law enforcement agencies in the reporting, recording  and  investigation
 of  all alleged incidents of domestic violence, regardless of whether an
 arrest is made as a result of such investigation.  Such  form  shall  be
 prepared  in  multiple parts, one of which shall be immediately provided
 to the victim, and shall include designated spaces for: the  recordation
 of  the  results  of the investigation by the law enforcement agency and
 the basis for any action taken; the recordation of  a  victim's  allega-
 tions  of  domestic  violence;  the age and gender of the victim and the
 alleged offender or offenders; and immediately  thereunder  a  space  on
 which  the  victim  may  sign and verify such victim's allegations. Such
 form shall also include, but not be limited to spaces to identify:
   § 7. Paragraph (f) of subdivision 3 of section 840  of  the  executive
 law,  as  amended by chapter 432 of the laws of 2015, is amended to read
 as follows:
   (f) Develop, maintain and disseminate, in consultation with the  state
 office  [for  the  prevention  of]  TO  END  domestic  AND  GENDER-BASED
 violence, written policies and procedures consistent with article  eight
 of the family court act and applicable provisions of the criminal proce-
 dure  and  domestic  relations  laws, regarding the investigation of and
 intervention by new and veteran police officers in incidents  of  family
 A. 3387                            14
 
 offenses.  Such policies and procedures shall make provisions for educa-
 tion and training in the interpretation and enforcement  of  New  York's
 family offense laws, including but not limited to:
   (1)  intake  and recording of victim statements, and the prompt trans-
 lation of such statements if made in a language other than  English,  in
 accordance  with subparagraph three of this paragraph, on a standardized
 "domestic violence incident report form" promulgated by the division  of
 criminal  justice  services  in  consultation with the superintendent of
 state police, representatives of  local  police  forces  and  the  state
 office  [for  the  prevention  of]  TO  END  domestic  AND  GENDER-BASED
 violence, and the investigation thereof so as  to  ascertain  whether  a
 crime  has been committed against the victim by a member of the victim's
 family or household as such terms are defined in section  eight  hundred
 twelve of the family court act and section 530.11 of the criminal proce-
 dure law; and
   (2)  the  need for immediate intervention in family offenses including
 the arrest and detention of alleged offenders, pursuant  to  subdivision
 four  of  section  140.10  of  the criminal procedure law, and notifying
 victims of their rights, in their  native  language,  if  identified  as
 other  than English, in accordance with subparagraph three of this para-
 graph, including but not limited to  immediately  providing  the  victim
 with the written notice required in subdivision six of section 530.11 of
 the criminal procedure law and subdivision five of section eight hundred
 twelve of the family court act;
   (3) determine, in consultation with the superintendent of state police
 and  the office [for the prevention of] TO END domestic AND GENDER-BASED
 violence, the languages in which such translation required  by  subpara-
 graph  one  of this paragraph, and the notification required by subpara-
 graph two of this paragraph, shall be provided. Such determination shall
 be based on the size of the New York state population that  speaks  each
 language  and  any  other  relevant factor. Such written notice required
 pursuant to subparagraph two of this paragraph shall be  made  available
 to  all  local law enforcement agencies throughout the state. Nothing in
 this paragraph shall prevent the council from using  the  determinations
 made  by  the superintendent of state police pursuant to subdivision (c)
 of section two hundred fourteen-b of this chapter;
   § 8. The opening paragraph  of  paragraph  2  of  subdivision  (b)  of
 section  153-c  of  the family court act, as added by chapter 367 of the
 laws of 2015, is amended to read as follows:
   A plan for a pilot program pursuant to this section shall be developed
 by the chief administrator of the courts  or  his  or  her  delegate  in
 consultation  with  one  or  more local programs providing assistance to
 victims of domestic violence, the office [for the prevention of] TO  END
 domestic  AND  GENDER-BASED violence, and attorneys who represent family
 offense petitions. The plan shall include, but is not limited to:
   § 9. Paragraph 2 of subdivision (a) of section  249-b  of  the  family
 court  act,  as  added by chapter 476 of the laws of 2009, is amended to
 read as follows:
   2. provide for the development of training programs with the input  of
 and in consultation with the state office [for the prevention of] TO END
 domestic  AND GENDER-BASED violence. Such training programs must include
 the dynamics of domestic violence and its effect on victims and on chil-
 dren, and the relationship between such dynamics and the issues  consid-
 ered  by  the  court, including, but not limited to, custody, visitation
 and child support. Such training programs along with  the  providers  of
 such  training  must  be  approved by the office of court administration
 A. 3387                            15
 
 following consultation with and input from  the  state  office  for  the
 prevention of domestic violence; and
   §  10.  The  closing  paragraph of subdivision 5 of section 812 of the
 family court act, as amended by chapter 663 of  the  laws  of  2019,  is
 amended to read as follows:
   The  division  of  criminal  justice services in consultation with the
 state office [for the prevention of] TO END  domestic  AND  GENDER-BASED
 violence  shall  prepare the form of such written notice consistent with
 the provisions of this section and  distribute  copies  thereof  to  the
 appropriate  law  enforcement  officials pursuant to subdivision nine of
 section eight hundred forty-one  of  the  executive  law.  Additionally,
 copies  of  such  notice shall be provided to the chief administrator of
 the courts to be distributed to victims of family offenses  through  the
 family  court  at  such time as such persons first come before the court
 and to the state department of health for distribution to all  hospitals
 defined under article twenty-eight of the public health law. No cause of
 action  for  damages shall arise in favor of any person by reason of any
 failure to comply with the provisions of this subdivision except upon  a
 showing of gross negligence or willful misconduct.
   §  11.  Subdivision  3  of section 403 of the general business law, as
 amended by chapter 715 of the laws  of  2019,  is  amended  to  read  as
 follows:
   3.  The  advisory  committee shall advise the secretary on all matters
 relating to this article, and on such other  matters  as  the  secretary
 shall  request.  In advising the secretary on matters concerning profes-
 sional education or curriculum, inclusive of the maintenance of cultural
 and ethnic awareness within the prescribed curriculum in regard to  hair
 types,  including,  but not limited to, curl pattern, hair strand thick-
 ness, and volume of hair, the advisory committee shall,  to  the  extent
 practicable,  consult  with the state education department. The advisory
 committee is directed, in consultation with the department of state, the
 New York state office [for  the  prevention  of]  TO  END  domestic  AND
 GENDER-BASED  violence  and  an advocacy group recognized by the federal
 department of health and human services, which has the ability to  coor-
 dinate  statewide  and  with local communities on programming and educa-
 tional materials related to the prevention and intervention of  domestic
 violence in New York state, to develop, provide for and integrate aware-
 ness  training  on domestic violence and sexual assault for all prospec-
 tive students seeking to be licensed under this article. Further,  on  a
 voluntary basis for those seeking to renew their license as provided for
 in  this  article  to develop and provide access to educational material
 for domestic violence and sexual assault awareness.
   § 12. Section 408-b of the general business law, as amended by chapter
 71 of the laws of 2020, is amended to read as follows:
   § 408-b. Domestic violence and sexual assault awareness education. The
 department shall ensure that domestic violence and sexual assault aware-
 ness education courses are made available to all  licensees  and  appli-
 cants  for  a  license or renewal pursuant to this article and that such
 courses are offered through the department's website. The department, in
 consultation with the office [for the prevention of] TO END domestic AND
 GENDER-BASED violence and advocacy  groups  recognized  by  the  federal
 department  of  health  and  human services or the federal department of
 justice, which have the ability to coordinate statewide and  with  local
 communities  on  programming  and  educational  materials related to the
 prevention and intervention of domestic violence or  sexual  assault  in
 New  York  state,  shall develop and provide access to domestic violence
 A. 3387                            16
 
 and sexual assault awareness education  courses  appropriate  for  those
 licensed under this article.
   §  13.  Subsections  (f)  and (g) and paragraph 8 of subsection (h) of
 section 2612 of the insurance law, subsections (f) and (g) as amended by
 chapter 579 of the laws of 2022, and paragraph 8 of  subsection  (h)  as
 added  by  section  2  of part E of chapter 491 of the laws of 2012, are
 amended to read as follows:
   (f) If any person covered by an insurance  policy  issued  to  another
 person as the policyholder delivers to the insurer that issued the poli-
 cy,  at its home office, a valid order of protection against the policy-
 holder, issued by a court of competent jurisdiction in this  state,  or,
 except  where  the  insurance  policy  was issued by a health insurer as
 defined in subparagraph (B) of paragraph (1) of subsection (h)  of  this
 section,  a  request  to designate an alternative mailing address, tele-
 phone number or method of contact for the  purpose  of  receiving  claim
 related  information if the person states that disclosure of all or part
 of the claim related information could endanger the person, the  insurer
 shall  be prohibited for the duration of the order, or until the request
 designating an alternative mailing address, telephone  number  or  other
 method of contact is cancelled by the requesting person in writing, from
 disclosing  to  the  policyholder the address, telephone number or other
 method of contact for the insured, or for any person or entity providing
 covered services to the insured, any personally identifying  information
 of  the  insured,  or the nature of the covered services provided to the
 insured, or from  mailing,  delivering,  or  otherwise  providing  claim
 related  information  to any mailing address, telephone number, or other
 method of contact other than as  designated  by  the  requesting  person
 pursuant to this subsection. If a child is the covered person, the right
 established by this subsection may be asserted by, and shall also extend
 to, the parent or guardian of the child. An insurer may require a person
 making  a request to designate an alternative mailing address, telephone
 number or other method of contact pursuant to this subsection  to:  make
 the  request in writing; include in the request a statement that disclo-
 sure of all or part of  the  claim  related  information  to  which  the
 request  pertains  could  endanger  the  person or child; and specify an
 alternative mailing  address,  telephone  number,  or  other  method  of
 contact. For the purpose of this subsection, "claim related information"
 means  all  claim  or  billing  information  relating specifically to an
 insured or person covered by an insurance policy issued  by  an  insurer
 other  than a health insurer as defined in subparagraph (B) of paragraph
 (1) of subsection (h) of this section. The superintendent, in  consulta-
 tion  with  the  commissioner  of  health and the office of children and
 family services and the office [for the prevention of] TO  END  domestic
 AND  GENDER-BASED  violence,  shall promulgate rules to guide and enable
 insurers to guard against the disclosure of the address and location  of
 an insured who is a victim of domestic violence.
   (g)  If any person covered by a group insurance policy delivers to the
 insurer that issued the policy, at its home office, (i) a valid order of
 protection against another person covered by the group policy, issued by
 a court of competent jurisdiction in this state, or,  except  where  the
 insurance  policy  was issued by a health insurer as defined in subpara-
 graph (B) of paragraph (1) of subsection (h) of this section, a  request
 to  designate  an alternative mailing address, telephone number or other
 method of contact for the purpose of receiving claim related information
 if the person states that disclosure of all or part of the claim related
 information could endanger the person, the insurer shall  be  prohibited
 A. 3387                            17
 
 for  the  duration  of  the  order,  or until the request designating an
 alternative mailing address, telephone number or other method of contact
 is cancelled by the requesting person in writing, from disclosing to the
 person  against whom a valid order of protection was issued the address,
 telephone number or other method  of  contact  for  the  insured  person
 covered by the order of protection or for any person or entity providing
 covered  services  to  the  insured  person  covered  by  the  order  of
 protection, any personally identifying information of  the  insured,  or
 the  nature  of  the  covered  services provided to the insured, or from
 mailing, delivering, or otherwise providing claim related information to
 any mailing address, telephone number, or other method of contact  other
 than as designated by the requesting person pursuant to this subsection.
 If  a  child  is  the  covered  person,  the  right  established by this
 subsection may be asserted by, and shall also extend to, the  parent  or
 guardian  of the child. An insurer may require a person making a request
 to designate an alternative mailing address, telephone number  or  other
 method  of  contact  pursuant to this subsection to: make the request in
 writing; include in the request a statement that disclosure  of  all  or
 part  of  the  claim  related  information to which the request pertains
 could endanger the person or child; and specify an  alternative  mailing
 address,  telephone  number, or other method of contact. For the purpose
 of this subsection, "claim related information" means all claim or bill-
 ing information relating specifically to an insured or person covered by
 an insurance policy issued by an insurer other than a health insurer  as
 defined  in  subparagraph (B) of paragraph (1) of subsection (h) of this
 section. The superintendent, in consultation with  the  commissioner  of
 health,  the  office of children and family services and the office [for
 the prevention of] TO END  domestic  AND  GENDER-BASED  violence,  shall
 promulgate  rules  to  guide  and  enable  insurers to guard against the
 disclosure of the address and location of an insured who is a victim  of
 domestic violence.
   (8)  The  superintendent,  in  consultation  with  the commissioner of
 health, the office of children and family services and the  office  [for
 the  prevention  of]  TO  END  domestic AND GENDER-BASED violence, shall
 promulgate rules to  guide  health  insurers  in  guarding  against  the
 disclosure of the information protected pursuant to this subsection.
   §  14.  Section  10-a of the labor law, as added by chapter 527 of the
 laws of 1995, is amended to read as follows:
   § 10-a. Domestic violence policy. The  commissioner  shall  study  the
 issue  of  employees  separated  from employment due to acts of domestic
 violence as referred to in and qualified by section four hundred  fifty-
 nine-a  of  the social services law. The commissioner shall consult with
 the New York state office [for the prevention of] TO  END  domestic  AND
 GENDER-BASED violence and its advisory council, the department of social
 services,  the  division of women and members of the public in preparing
 such study.  Such study shall include a  review  of  case  histories  in
 which  unemployment compensation was sought and an analysis of the poli-
 cies in other states. A copy of such study shall be transmitted  to  the
 temporary  president of the senate and the speaker of the assembly on or
 before January fifteenth, nineteen hundred ninety-six and shall  contain
 policy recommendations.
   §  15.  Section  10-b of the labor law, as added by chapter 368 of the
 laws of 1997, is amended to read as follows:
   § 10-b. Domestic violence employee  awareness  and  assistance.    The
 commissioner  shall  assist  the  office  [for the prevention of] TO END
 domestic AND GENDER-BASED violence in the creation, approval and dissem-
 A. 3387                            18
 
 ination of the model domestic violence employee awareness and assistance
 policy [as further defined in subdivision nine of section  five  hundred
 seventy-five  of  the executive law. Upon completion and approval of the
 model  plan  as  outlined  in  subdivision  nine of section five hundred
 seventy-five of the executive law, the commissioner shall assist in  the
 promotion of the model policy to businesses in New York state].
   §  16.  Section 2137 of the public health law, as added by chapter 163
 of the laws of 1998, is amended to read as follows:
   § 2137.   Domestic violence  recognition.  The  department  shall,  in
 consultation with the office [for the prevention of] TO END domestic AND
 GENDER-BASED  violence  and  statewide organizations and community based
 organizations, develop a protocol for the identification  and  screening
 of victims of domestic violence who may either be a protected individual
 or a contact as used in this title.
   §  17.  Subdivision  2  of section 2803-p of the public health law, as
 added by chapter 271 of the laws of 1997, is amended to read as follows:
   2. Every hospital having maternity and newborn services shall  provide
 information  concerning family violence to parents of newborn infants at
 any time prior to the discharge of the mother.  Such  information  shall
 also  be  provided  by  every  diagnostic  and treatment center offering
 prenatal care services to women upon an  initial  prenatal  care  visit.
 The  commissioner  shall, in consultation with the state office [for the
 prevention of] TO END domestic AND GENDER-BASED violence and the depart-
 ment of social services, prepare, produce and transmit  such  notice  to
 such facilities in quantities sufficient to comply with the requirements
 of  this  section.  Such  notice  shall  contain information which shall
 include but not be limited to the effects of  family  violence  and  the
 services available to women and children experiencing family violence.
   Such  information  shall  be  in  clear  and  concise language readily
 comprehensible.  Nothing in this section shall preclude a facility  from
 providing  the  notice required by this section as an addendum to, or in
 connection with, any other information required to be  provided  by  any
 other provision of law, rule or regulation.
   §  18.  Subdivision  3  of section 2805-z of the public health law, as
 amended by chapter 37 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   3. The commissioner shall promulgate such rules and regulations as may
 be  necessary and proper to carry out effectively the provisions of this
 section. Prior to promulgating such rules and regulations,  the  commis-
 sioner  shall  consult  with  the  office [for the prevention of] TO END
 domestic AND GENDER-BASED violence and other such persons as the commis-
 sioner deems necessary to  develop  a  model  policy  for  hospitals  to
 utilize  in  complying  with  this  section and to identify the domestic
 violence or victim assistance organizations operating in each hospital's
 geographic area, a list of  which  the  commissioner  shall  provide  to
 hospitals with the model policy.
   §  19.  The  opening paragraph of subdivision (g) of section 17 of the
 social services law, as added by chapter 280 of the  laws  of  2002,  is
 amended to read as follows:
   require  participation  of all employees of a child protective service
 in a training course which has been developed by  the  office  [for  the
 prevention  of] TO END domestic AND GENDER-BASED violence in conjunction
 with the office of children and family  services  whose  purpose  is  to
 develop  an  understanding  of the dynamics of domestic violence and its
 connection to child abuse and neglect. Such course shall:
 A. 3387                            19
 
   § 20. Subdivision 1 of section 111-v of the social  services  law,  as
 added by chapter 398 of the laws of 1997, is amended to read as follows:
   1. The department, in consultation with appropriate agencies including
 but  not limited to the New York state office [for the prevention of] TO
 END domestic AND GENDER-BASED violence, shall  by  regulation  prescribe
 and  implement  safeguards  on the confidentiality, integrity, accuracy,
 access, and the use of  all  confidential  information  and  other  data
 handled  or  maintained, including data obtained pursuant to section one
 hundred eleven-o of this article and including such information and data
 maintained in the  automated  child  support  enforcement  system.  Such
 information  and  data  shall  be  maintained  in  a confidential manner
 designed to protect the privacy rights of the parties and shall  not  be
 disclosed  except  for  the  purpose of, and to the extent necessary to,
 establish paternity,  or  establish,  modify  or  enforce  an  order  of
 support.
   §  21. Subdivisions 1, 2 and 3 of section 349-a of the social services
 law, subdivisions 1 and 3 as added by section 36 of part  B  of  chapter
 436  of  the laws of 1997 and subdivision 2 as amended by chapter 144 of
 the laws of 2021, are amended to read as follows:
   1. The  department,  after  consultation  with  the  office  [for  the
 prevention  of]  TO END domestic AND GENDER-BASED violence and statewide
 domestic  violence  advocacy  groups,  shall  by  regulation   establish
 requirements for social services districts to notify all applicants and,
 upon  recertification,  recipients,  of  procedures  for protection from
 domestic violence and the availability of services.  Such  notice  shall
 inform  applicants and recipients that the social services district will
 make periodic inquiry  regarding  the  existence  of  domestic  violence
 affecting  the  individual.    Such notice shall also inform individuals
 that  response  to  these  inquiries  is  voluntary  and   confidential;
 provided,  however, that information regarding neglect or abuse of chil-
 dren will be reported to child protective services.
   2. Such inquiry shall be performed  utilizing  a  universal  screening
 form  to  be  developed  by  the  department after consultation with the
 office [for the prevention of] TO END domestic AND GENDER-BASED violence
 and statewide domestic violence advocacy groups. Such screening  may  be
 conducted  by  telephone  or  other  digital means at the request of the
 applicant or recipient. An individual may request such screening at  any
 time,  and any individual who at any time self identifies as a victim of
 domestic OR GENDER-BASED violence shall be afforded the opportunity  for
 such screening.
   3.  An  individual  indicating the presence of domestic violence, as a
 result of such screening, shall  be  promptly  referred  to  a  domestic
 violence  liaison  who  meets  training  requirements established by the
 department, after consultation with the office [for the  prevention  of]
 TO  END  domestic  AND  GENDER-BASED  violence  and  statewide  domestic
 violence advocacy groups.
   § 22. The opening paragraph of subdivision 2 and the opening paragraph
 of subdivision 3 of section 427-a of the social services law,  as  added
 by chapter 452 of the laws of 2007, are amended to read as follows:
   Any social services district interested in implementing a differential
 response  program  shall  apply  to  the  office  of children and family
 services for permission  to  participate.  The  criteria  for  a  social
 services  district  to  participate  will be determined by the office of
 children and family services after consultation with the office [for the
 prevention of] TO END domestic AND GENDER-BASED  violence,  however  the
 A. 3387                            20
 
 social services district's application must include a plan setting forth
 the following:
   The  criteria for determining which cases may be placed in the assess-
 ment track shall  be  determined  by  the  local  department  of  social
 services, in conjunction with the office of children and family services
 and  after  consultation  with the office [for the prevention of] TO END
 domestic AND GENDER-BASED  violence.  Provided,  however,  that  reports
 including  any of the following allegations shall not be included in the
 assessment track of a differential response program:
   § 23. Subdivision (a) of section 483-cc of the social services law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   (a)  As  soon as practicable after a first encounter with a person who
 reasonably appears to a  law  enforcement  agency,  district  attorney's
 office,  or  an  established provider of social or legal services desig-
 nated by the office of temporary and disability assistance,  the  office
 [for the prevention of] TO END domestic AND GENDER-BASED violence or the
 office  of  victim  services  to be a human trafficking victim, that law
 enforcement agency or district attorney's office shall notify the office
 of temporary and disability assistance  and  the  division  of  criminal
 justice  services  that  such  person may be eligible for services under
 this article or, in the case of an established  provider  of  social  or
 legal  services,  shall  notify  the  office of temporary and disability
 assistance and the division of criminal justice services if such  victim
 consents to seeking services pursuant to this article.
   § 24. Subdivision (a) of section 483-ee of the social services law, as
 amended  by  chapter  413  of  the  laws  of 2016, is amended to read as
 follows:
   (a) There is established an interagency task force on  trafficking  in
 persons,  which  shall  consist of the following members or their desig-
 nees: (1) the commissioner of the division of criminal justice services;
 (2) the commissioner of the office of temporary and  disability  assist-
 ance; (3) the commissioner of health; (4) the commissioner of the office
 of mental health; (5) the commissioner of labor; (6) the commissioner of
 the  office of children and family services; (7) the commissioner of the
 office of alcoholism and substance abuse services; (8) the  director  of
 the  office of victim services; (9) the executive director of the office
 [for the prevention of] TO END domestic AND GENDER-BASED  violence;  and
 (10) the superintendent of the division of state police; and the follow-
 ing additional members, who shall be promptly appointed by the governor,
 each  for  a  term  of two years, provided that such person's membership
 shall continue after such two year term until a successor  is  appointed
 and  provided, further, that a member may be reappointed if again recom-
 mended in the manner specified in this subdivision:  (11)  two  members,
 who  shall be appointed on the recommendation of the temporary president
 of the senate; (12) two members, who shall be appointed on the recommen-
 dation of the speaker of the assembly; (13) two members,  who  shall  be
 appointed  on  the  recommendation of the not-for-profit organization in
 New York state that receives the largest share of funds, appropriated by
 and through the state budget, for providing services to victims of human
 trafficking, as shall be identified annually in writing by the  director
 of the budget; and (14) one member, who shall be appointed on the recom-
 mendation  of  the  president of the New York state bar association; and
 others as may be necessary to carry out the duties and  responsibilities
 under this section. The task force will be co-chaired by the commission-
 ers  of  the  division  of  criminal  justice services and the office of
 A. 3387                            21
 
 temporary and disability assistance, or their designees. It  shall  meet
 as  often  as  is  necessary, but no less than three times per year, and
 under circumstances as are appropriate to fulfilling  its  duties  under
 this  section. All members shall be provided with written notice reason-
 ably in advance of each meeting with date, time  and  location  of  such
 meeting.
   §  25.  Subdivision  3  of section 97-yyy of the state finance law, as
 added by chapter 634 of the laws of 2002, is amended to read as follows:
   3. Moneys of the fund, following appropriation by the legislature  and
 allocation  by  the  director  of the budget, shall be available for the
 purpose of funding expenses of the office [for the prevention of] TO END
 domestic  AND  GENDER-BASED  violence  for  educational  and  prevention
 programs undertaken pursuant to article twenty-one of the executive law.
   §  26.  Wherever  the  term  "office  for  the  prevention of domestic
 violence" appears in the consolidated or  unconsolidated  laws  of  this
 state,  such  term shall hereby mean "office to end domestic and gender-
 based violence".
   § 27. This act shall take effect immediately;  provided  however  that
 the  amendments  to  subdivision  (a)  of  section  483-ee of the social
 services law made by section twenty-four of this act  shall  not  affect
 the  repeal  of such subdivision and shall be deemed repealed therewith;
 and provided, further, that paragraphs (o) and (p) of subdivision  3  of
 section  575  of the executive law made by section two of this act shall
 take effect on the same date and in the same manner as  chapter  740  of
 the laws of 2022, takes effect.