S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9892
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law  and  the  general  business  law,  in
   relation  to requiring a lethality assessment in incidents of domestic
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 646 of the executive law, as added
 by chapter 152 of the laws of 2019, is amended to read as follows:
   3.  An  individual  who  has been the victim in this state of a family
 offense as defined in subdivision one of section 530.11 of the  criminal
 procedure  law  or  section eight hundred twelve of the family court act
 may, upon alleging that it would be a hardship for  [him  or  her]  SUCH
 INDIVIDUAL  to  make  such  complaint in the local jurisdiction in which
 such offense occurred, make a complaint to  any  local  law  enforcement
 agency  in  the state regardless of where the act took place. Such local
 law enforcement agency shall take a police report of the matter, as well
 as prepare a domestic [violence] incident report WHICH INCLUDES LETHALI-
 TY ASSESSMENT QUESTIONS as defined in  subdivision  fifteen  of  section
 eight  hundred  thirty-seven of this chapter and provide the complainant
 with a copy of such report free of charge. A copy of the  police  report
 and completed domestic [violence] incident report, INCLUDING THE LETHAL-
 ITY  ASSESSMENT QUESTIONS shall be promptly forwarded to the appropriate
 law enforcement agency with jurisdiction over  the  location  where  the
 incident is reported to have occurred for the purposes of further inves-
 tigation.
   §  2.  Subdivision 15 of section 837 of the executive law, as added by
 chapter 222 of the laws of 1994 and the opening paragraph as amended  by
 chapter 432 of the laws of 2015, is amended to read as follows:
   15.  Promulgate,  in  consultation  with  the  superintendent of state
 police and the state office for the prevention of domestic violence, and
 in accordance with paragraph (f) of subdivision three of  section  eight
 hundred forty of this article, a standardized "domestic [violence] inci-
 dent report form" for use by state and local law enforcement agencies in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14865-03-4
 A. 9892                             2
 
 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 allegations 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:
   (a)  what  other  services  or  agencies, including but not limited to
 medical, shelter, advocacy and other supportive  services  are  or  have
 previously been involved with the victim; [and]
   (b)  whether  the  victim  has  been  provided with the written notice
 described in subdivision five of section eight  hundred  twelve  of  the
 family  court  act and subdivision six of section 530.11 of the criminal
 procedure law[.]; AND
   (C) THE RESULTS OF A LETHALITY ASSESSMENT. BY JANUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE, THE DIVISION, IN CONSULTATION WITH THE NEW YORK  STATE
 OFFICE  FOR  THE PREVENTION OF DOMESTIC VIOLENCE AND STAKEHOLDERS, SHALL
 UPDATE THE DOMESTIC INCIDENT REPORT FORM AND DEVELOP   TRAINING FOR  LAW
 ENFORCEMENT.  TRAINING  ON  HOW  TO  ADMINISTER SUCH ASSESSMENT SHALL BE
 DELIVERED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. ALL LAW
 ENFORCEMENT OFFICERS SHALL SUCCESSFULLY COMPLETE SUCH TRAINING BY  JANU-
 ARY  FIRST,  TWO THOUSAND TWENTY-SIX. BEGINNING JANUARY FIRST, TWO THOU-
 SAND TWENTY-SIX, SUCH TRAINING SHALL BE INCORPORATED INTO  ANY  TRAINING
 REQUIREMENTS FOR NEW LAW ENFORCEMENT OFFICERS.
   (I)  TO  ADMINISTER THE LETHALITY ASSESSMENT QUESTIONS, A LAW ENFORCE-
 MENT OFFICER SHALL ASK THE VICTIM, IN THE SAME OR SIMILAR WORDING AND IN
 THE SAME ORDER, ALL OF THE FOLLOWING QUESTIONS; PROVIDED,  HOWEVER,  THE
 DIVISION, IN CONSULTATION WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC
 VIOLENCE,  SHALL  HAVE THE AUTHORITY TO ISSUE GUIDANCE TO AMEND, SUPPLE-
 MENT, OR REMOVE ANY OF SUCH QUESTIONS:
   (1) HAVE THEY EVER USED A WEAPON AGAINST YOU OR THREATENED YOU WITH  A
 WEAPON?
   (2) DID THEY EVER THREATEN TO KILL YOU, YOUR CHILDREN, OR YOUR PETS?
   (3)  DO  YOU  BELIEVE  THEY WILL TRY TO KILL YOU OR HAVE THEY TRIED TO
 KILL YOU?
   (4) HAVE THEY EVER STRANGLED OR CHOKED YOU OR ATTEMPTED TO STRANGLE OR
 CHOKE YOU?
   (5) DO THEY HAVE A FIREARM OR COULD THEY GET ONE EASILY?
   (6) ARE THEY VIOLENTLY OR CONSTANTLY JEALOUS, OR DO THEY CONTROL  MOST
 OF YOUR DAILY ACTIVITIES?
   (7) HAVE YOU LEFT THEM OR SEPARATED FROM THEM AFTER LIVING TOGETHER OR
 BEING MARRIED?
   (8) ARE THEY UNEMPLOYED?
   (9) HAVE THEY EVER TRIED TO KILL THEMSELVES?
   (10)  DO  YOU  HAVE  A CHILD WHOM THEY BELIEVE IS NOT THEIR BIOLOGICAL
 CHILD?
   (11) DO THEY FOLLOW, SPY ON, OR SEND THREATENING MESSAGES TO YOU?
   (12) IS THERE ANYTHING ELSE THAT WORRIES YOU ABOUT YOUR SAFETY AND, IF
 SO, WHAT WORRIES YOU?
   (13) ANY OTHER QUESTIONS THE DIVISION, IN CONSULTATION WITH THE OFFICE
 FOR THE PREVENTION OF DOMESTIC VIOLENCE, SHALL DEEM NECESSARY.
 A. 9892                             3
 
   (II) A LAW ENFORCEMENT OFFICER SHALL ADVISE THE VICTIM OF THE  RESULTS
 OF  THE  ASSESSMENT  AND REFER THE VICTIM TO THE LOCAL DOMESTIC VIOLENCE
 PROGRAM AND PROVIDE THE NUMBER OF THE NEW YORK STATE DOMESTIC AND SEXUAL
 VIOLENCE  HOTLINE.  THE  LAW  ENFORCEMENT  OFFICER  SHALL   FOLLOW   ALL
 DIRECTIONS  ON  THE DOMESTIC INCIDENT REPORT REGARDING SCORING RESPONSES
 AND REFERRALS BASED ON SUCH SCORING, INCLUDING SHARING  A  COPY  OF  THE
 REPORT  WITH THE LOCAL DOMESTIC VIOLENCE PROGRAM AND ANY APPLICABLE HIGH
 RISK TEAMS. IF THE LAW ENFORCEMENT OFFICER  DETERMINES  THE  INFORMATION
 COLLECTED IN RESPONSE TO SUCH QUESTIONS ESTABLISHES CREDIBLE INFORMATION
 THAT  AN  INDIVIDUAL IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
 SERIOUS HARM TO SUCH INDIVIDUAL OR OTHERS, AS DEFINED IN  PARAGRAPH  ONE
 OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW, THE
 OFFICE  SHALL  FILE  AN APPLICATION FOR AN EXTREME RISK PROTECTION ORDER
 IN ACCORDANCE WITH SECTION SIXTY-THREE HUNDRED FORTY-ONE  OF  THE  CIVIL
 PRACTICE LAW AND RULES.
   (III)  IF THE VICTIM DOES NOT, OR IS UNABLE TO, PROVIDE INFORMATION TO
 A LAW ENFORCEMENT OFFICER SUFFICIENT TO ALLOW THE LAW ENFORCEMENT  OFFI-
 CER  TO  ADMINISTER  A LETHALITY ASSESSMENT, THE LAW ENFORCEMENT OFFICER
 SHALL NOTE THE LACK OF A LETHALITY ASSESSMENT IN A WRITTEN POLICE REPORT
 AND ATTEMPT TO REFER  THE  VICTIM  TO  THE  NEAREST  CERTIFIED  DOMESTIC
 VIOLENCE  PROGRAM  OR  THE  NEW  YORK STATE DOMESTIC AND SEXUAL VIOLENCE
 HOTLINE.
   § 3. Subdivision (a) of section 214-b of the executive law, as amended
 by chapter 432 of the laws of 2015, is amended to read as follows:
   (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
 division of criminal justice services in consultation  with  the  super-
 intendent  and  with  the  state  office  for the prevention of domestic
 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;
   §  4.  Subparagraph 1 of 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:
   (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 domestic 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 procedure law; and
   § 5. Subparagraph 5 of paragraph a of subdivision 2 of  section  654-a
 of  the  general  business  law, as amended by chapter 17 of the laws of
 2013, is amended to read as follows:
   (5) the purchaser of a contract signed  by  more  than  one  purchaser
 provides  to  the  operator  a  copy of any of the following, within six
 months of its issuance, involving domestic violence by another signatory
 of the same contract: (A) a valid domestic  [violence]  incident  report
 A. 9892                             4
 
 form  as  such  term  is defined in subdivision fifteen of section eight
 hundred thirty-seven of the executive law; (B) a  valid  police  report;
 (C)  a  valid  order  of  protection;  or  (D) a signed affidavit from a
 licensed  medical  or  mental  health care provider, employee of a court
 acting within the scope of [his or her]  SUCH  INDIVIDUAL'S  employment,
 social  worker, a rape crisis counselor as defined in section forty-five
 hundred ten of the civil practice law and rules, or advocate  acting  on
 behalf  of an agency that assists domestic violence victims. Paragraph d
 of this subdivision shall not apply to a purchaser canceling under  this
 subparagraph.  A  claim for termination under this subparagraph shall be
 made in good faith.  Termination under this subparagraph shall  require,
 and the provision of any of the items in (A) through (D) of this subpar-
 agraph,  for  the  purposes  of  this subparagraph, shall be presumptive
 evidence of the continued existence of a substantial risk of physical or
 emotional harm to the purchaser or purchaser's child.
   § 6. This act shall take effect immediately.