NY State Senate Bill 2023-S5328

Senate Bill S5328

2023-2024 Legislative Session

Relates to a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 02, 2023	referred to codes

2023-S5328 (ACTIVE) - Details

See Assembly Version of this Bill:: A7867
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10577
2021-2022: A3071

2023-S5328 (ACTIVE) - Summary

Relates to a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence; requires law enforcement and judicial employees to participate in such training; makes related provisions.

2023-S5328 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5328

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to a training course and
curriculum on the handling, investigation and response procedures
concerning reports of domestic violence

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a training course and curriculum on the handling, investi-
gation and response procedures concerning reports of domestic violence
for judges, judicial personnel and law enforcement officers.

 
SUMMARY OF PROVISIONS:

Section 1: The division of criminal justice services shall develop and
approve a training course and curriculum on the handling, investigation
and response procedures concerning reports of domestic violence and the
Attorney General shall responsible for ensuring that all law enforcement
officers attend initial training within ninety days of appointment or

transfer and annual in-service training of at least four hours as
described in this section. The chief administrator of the courts shall
develop and approve a training course and a curriculum on the handling,
investigation and response procedures concerning allegations of domestic
violence AND shall be responsible for ensuring that all judges and judi-
cial personnel attend initial training within ninety days of appointment
or transfer and annual in-service training as described in this section.

Section 2: Effective Date.

 
JUSTIFICATION:

Law enforcement officers are charged with the duty of enforcing the laws
and have an opportunity to stop the escalation of violence in the home.
By enforcing the domestic violence laws, the officer provides the most
effective deterrent to future abuse. Domestic violence is a learned
behavior. About 85% of all abusive partners were battered as children or
witnessed assaults on their mothers.  Children also are victims of abuse
in half of the families in which the mother is abused.

In addition, judges and judicial employees should also be aware of the
special nature of domestic violence cases before them and the most
competent methods of dealing with victims of domestic violence. These
training curricula will help law enforcement, judges and judicial
employees best navigate and adjudicate domestic violence incidents.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A3071

2020: A10577

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day 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.

2023-S5328 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5328
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT to amend the executive law, in relation to a training course and
   curriculum on the  handling,  investigation  and  response  procedures
   concerning reports of domestic violence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 24 to read as follows:
   24. (A) (I) THE DIVISION SHALL DEVELOP AND APPROVE A  TRAINING  COURSE
 AND  CURRICULUM  ON  THE HANDLING, INVESTIGATION AND RESPONSE PROCEDURES
 CONCERNING REPORTS  OF  DOMESTIC  VIOLENCE.  THIS  TRAINING  COURSE  AND
 CURRICULUM  SHALL  BE  REVIEWED AT LEAST EVERY TWO YEARS AND MODIFIED BY
 THE DIVISION FROM TIME TO TIME AS NEED MAY REQUIRE. THE  DIVISION  SHALL
 DISTRIBUTE THE CURRICULUM TO ALL LOCAL POLICE AGENCIES.
   (II)  THE  ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR ENSURING THAT ALL
 LAW ENFORCEMENT OFFICERS ATTEND INITIAL TRAINING WITHIN NINETY  DAYS  OF
 APPOINTMENT  OR  TRANSFER AND ANNUAL INSERVICE TRAINING OF AT LEAST FOUR
 HOURS AS DESCRIBED IN THIS SECTION.
   (B) (I) THE CHIEF  ADMINISTRATOR  OF  THE  COURTS  SHALL  DEVELOP  AND
 APPROVE  A  TRAINING  COURSE  AND A CURRICULUM ON THE HANDLING, INVESTI-
 GATION  AND  RESPONSE  PROCEDURES  CONCERNING  ALLEGATIONS  OF  DOMESTIC
 VIOLENCE.  THIS  TRAINING  COURSE  SHALL  BE REVIEWED AT LEAST EVERY TWO
 YEARS AND MODIFIED BY THE CHIEF JUDGE FROM TIME  TO  TIME  AS  NEED  MAY
 REQUIRE.
   (II)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL BE RESPONSIBLE FOR
 ENSURING THAT ALL JUDGES AND JUDICIAL PERSONNEL ATTEND INITIAL  TRAINING
 WITHIN  NINETY  DAYS  OF  APPOINTMENT  OR  TRANSFER AND ANNUAL INSERVICE
 TRAINING AS DESCRIBED IN THIS SECTION.
   (III) THE DIVISION AND THE CHIEF ADMINISTRATOR  OF  THE  COURTS  SHALL
 PROVIDE  THAT  ALL TRAINING ON THE HANDLING OF DOMESTIC VIOLENCE MATTERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09757-01-3

 S. 5328                             2
 
 SHALL INCLUDE INFORMATION CONCERNING THE IMPACT OF DOMESTIC VIOLENCE  ON
 SOCIETY,  THE  DYNAMICS OF DOMESTIC VIOLENCE, THE STATUTORY AND CASE LAW
 CONCERNING DOMESTIC VIOLENCE, THE NECESSARY  ELEMENTS  OF  A  PROTECTION
 ORDER, POLICIES AND PROCEDURES AS PROMULGATED OR ORDERED BY THE ATTORNEY
 GENERAL  OR  THE  COURT  OF  APPEALS, AND THE USE OF AVAILABLE COMMUNITY
 RESOURCES, SUPPORT SERVICES, AVAILABLE SANCTIONS AND TREATMENT  OPTIONS.
 LAW  ENFORCEMENT  AGENCIES SHALL: (1) ESTABLISH DOMESTIC CRISIS TEAMS OR
 PARTICIPATE IN ESTABLISHED DOMESTIC CRISIS TEAMS, AND  (2)  SHALL  TRAIN
 INDIVIDUAL  OFFICERS  IN METHODS OF DEALING WITH DOMESTIC VIOLENCE.  THE
 TEAMS MAY INCLUDE SOCIAL WORKERS, CLERGY OR  OTHER  PERSONS  TRAINED  IN
 COUNSELING,   CRISIS  INTERVENTION  OR  IN  THE  TREATMENT  OF  DOMESTIC
 VIOLENCE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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