S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8977
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14865-03-4
 S. 8977                             2
 
 dent 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 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.
 S. 8977                             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
 S. 8977                             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.