S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5455
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring  the  office
   for  the prevention of domestic violence provide informational materi-
   als on the removal of accounts from smart home systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (o) and (p) of subdivision 3 of section 575 of
 the executive law, paragraph (o) as amended by chapter 23 of the laws of
 2023, is amended and paragraph (p) as relettered by chapter 740  of  the
 laws  of  2022  is  relettered  paragraph (q) and a new paragraph (p) is
 added to read as follows:
   (o) (i) Within amounts appropriated for such purpose, the office shall
 contract with an organization designated by the  federal  department  of
 health  and  human  services to coordinate statewide improvements within
 local communities, social services systems,  and  programming  regarding
 the  prevention  and intervention of domestic violence in New York state
 to mutually develop a training program as described in  this  paragraph.
 The office and such organization 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 visita-
 tion pursuant to paragraph (a-3)  of  subdivision  one  of  section  two
 hundred  forty of the domestic relations law; for consulting with domes-
 tic violence service providers and representative organizations  in  the
 field  of  domestic  violence  when  such  training is provided in their
 communities; 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  defi-
 nitions  of  domestic  violence;  coercive  control and child abuse; the
 dynamics and effects of domestic violence and child abuse, including but
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06383-02-5
              

 A. 5455                             2
 
 not limited to, emotional, financial, physical, technological and sexual
 abuse;  the  barriers  and  fears  associated  with  reporting  domestic
 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 moni-
 toring  of  a  partner'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 organization designated by
 the federal department of health and human services to coordinate state-
 wide improvements within local communities, social services systems, and
 programming  regarding  the  prevention  and  intervention  of  domestic
 violence  in  New  York  state,  shall  determine a reasonable number of
 training-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
 subsequent refresher courses provided to such individuals.
   (iii)  The organization designated by the federal department of health
 and human services to coordinate  statewide  improvements  within  local
 communities,  social  services  systems,  and  programming regarding the
 prevention and intervention of domestic violence in New York state shall
 be responsible for providing  a  certification  of  completion  to  each
 psychiatrist,  psychologist  or social worker who satisfies the require-
 ments of such training program, so that  such  individuals  may  conduct
 court  ordered  forensic evaluations involving child custody and visita-
 tion pursuant to paragraph (a-3)  of  subdivision  one  of  section  two
 hundred forty of the domestic relations law; [and]
   (P) DEVELOPING AND PROMOTING RESOURCES, INCLUDING ONLINE RESOURCES AND
 PHYSICAL  PAMPHLETS  FOR  DOMESTIC  VIOLENCE SURVIVORS FACING HARASSMENT
 THROUGH SMART HOME SYSTEMS, SUCH RESOURCES SHALL INCLUDE INFORMATION  ON
 COMMON DEVICES THAT MAY BE USED BY AN ABUSER TO HARASS A VICTIM, PRIVACY
 STRATEGIES  AND  INSTRUCTIONS FOR REMOVING AN ABUSER'S ACCESS TO A SMART
 HOME SYSTEM. FURTHER, THE OFFICE SHALL DEVELOP STRATEGIES FOR  IMPROVING
 PRIVACY, LAWS ON CYBER-HARASSMENT AND STALKING. FOR THE PURPOSES OF THIS
 PARAGRAPH, "SMART HOME SYSTEM" SHALL MEAN ANY ELECTRONIC DEVICE OR TECH-
 NOLOGY  INSTALLED  DIRECTLY  INTO  THE  HOME WHICH HANDLES THE SECURITY,
 CLIMATE AND/OR APPLIANCES IN THE HOME, THAT IS CAPABLE OF CONNECTING  TO
 THE  INTERNET,  DIRECTLY  OR  INDIRECTLY,  THAT  IS ASSIGNED AN INTERNET
 PROTOCOL ADDRESS OR BLUETOOTH ADDRESS, HAS COMPUTER PROCESSING CAPABILI-
 TIES FOR COLLECTING, SENDING, RECEIVING, OR ANALYZING DATA; AND
   § 2. This act shall take effect on the ninetieth 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 date.