BILL NUMBER: S7396

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the executive law, in relation to the investigation of
suspicious deaths and domestic violence

 
PURPOSE:

To provide for compulsory further examination of suspicious deaths when
the deceased has an identifiable history of being victimized by domestic
violence.

 
SUMMARY OF PROVISIONS:

Section one amends section the Executive Law by adding a new article
23-A, providing for different elements: the definition of the terminol-
ogy utilized; the recognition of the deceased having an identifiable
history of being victimized by domestic violence; the obligation falling
on law enforcement of requesting a complete autopsy to investigate
suspicious deaths; and the right belonging to family members or close
              

friends of the deceased to request records of the investigation, as well
as an autopsy and a second opinion. This section articulates conditions
according to which a death can be considered suspicious.

Section two provides for the effective date.

 
LEGISLATIVE INTENT:

The Legislature finds and declares:

Section 1. The executive law is amended by adding a new article 23-A 2
to read as follows:

(a) "Domestic violence" shall have the same meaning as a family offense
as defined in section 530.11 of the criminal procedure law.

(b) "Identifiable history of being victimized by domestic violence"
shall mean demonstrable past incidents of being victimized by domestic
violence that may be verified by prior police reports, written or photo-
graphic documentation, restraining order declarations, eyewitness state-
ments, or other evidence that corroborates a history of such incidents.

(c) "Family member" shall mean a parent, sibling, or child of the
deceased

(d) "Close friend" shall mean any person who has maintained regular
contact and has a significant relationship with the deceased.

(e) "Partner" shall mean a spouse, former spouse, cohabitant, former
cohabitant, fiance, someone with whom the decedent had a dating
relationship or engagement for marriage, or the parent of the decedent's
child.

2. Prior to making any findings as to the manner and cause of death of a
deceased individual with an identifiable history of being victimized by
domestic violence, and in the presence of three or more factors listed
in subdivision three of this section, law enforcement shall interview
family members, such as parents, siblings, or other close friends or
relatives of the decedent with relevant information regarding that
history of domestic violence.

3. Law enforcement investigators must request a complete autopsy in a
case where they have determined there is an identifiable history of
being victimized by domestic violence and any of the following condi-
tions are present:

(a) the decedent died prematurely or in an untimely manner;

(b) the scene of the death gives the appearance of death due to suicide
or accident;

(c) one partner wanted to end the relationship;

(d) there is a history of being victimized by domestic violence that
includes coercive control;

(e) the decedent is found dead in a home or place of residence;

(f) the decedent is found by a current or previous partner;

(g) there is a history of being victimized by domestic violence that
includes strangulation or suffocation;

(h) the current or previous partner of the decedent, or child of the
decedent or the decedent's current or previous partner, is the last to
see the decedent alive;

(i) the partner had control of the scene before law enforcement arrived;
or (j) the body of the decedent has been moved or the scene or other
evidence is altered in some way

4. During the pendency of such investigation and any review, family
members and close friends of the decedent shall have access to all
victim services and support provided under article twenty-two of this
chapter. In the event that a local law enforcement agency makes a find-
ing that the death is not a homicide and closes the case, family members
or close friends of the decedent or their legal counsel shall have the
right to:

(a) request any and all records of the investigation currently available
under the New York freedom of information law; and

(b) request an autopsy and second opinion from a board-certified foren-
sic pathologist certified by the American Board of Pathology.

§ Relates to the effective date.

 
JUSTIFICATION:

Crimes of domestic violence are uniquely dangerous. They tend to take
place behind closed doors and occur between members of the same family
or intimate partners. For these reasons, domestic violence or related
consequences of such violence often go unreported and undetected. Domes-
tic violence crimes are also more likely to result in serious injury or
death than any other crime. For example, research has found that where a
person is strangled by one partner, their likelihood of later being
killed by that partner increases by 750%, with the probability of death
increasing with each subsequent strangulation. In October 2023, the New
York State Comptroller released a report on domestic violence which
found that in 2022, domestic violence homicides made up 16% of all homi-
cides for that year. However, domestic violence rates are undoubtedly
higher than indicated, and the Comptroller noted that collecting and
reporting statistics on DV may not reflect the actual number of victims
of domestic-violence related homicide, due to underreporting and report-
ing difficulties. This assertion is supported by several studies under-
scoring that DV is chronically underreported, with reporting rates of
less than 30%. Accordingly, for around 20% of persons murdered by an
intimate partner, the homicide was the first and only act of physical
violence reported. Worse still, research on staged crime scenes has led
to estimating the existence of approximately a thousand "hidden homi-
cide" cases in the U.S. each year. In these cases, an intimate partner
or member of the same family or household may tamper with a crime scene
to make the death appear to be an accident, suicide, or homicide by an
unidentified killer when they are the actual perpetrator of the killing.
This is particularly relevant for deaths by strangulation, which could
leave little to no evident marks on the victim's body; strangulation,
though, can be proven through autopsies, uncovering the actual cause of
death. Legislation has been implemented in California (SB989, "Joanna's
Law") which identifies 10 "red flags" where a person with a history of
being victimized by domestic violence dies in a suspicious manner such
as suicide or homicide. These red flags were developed after an exten-
sive, evidence-based study and literature review of domestic violence
deaths. The presence of one or more of these red flags trigger certain
requirements for the handling of the investigation of the death, as well
as protecting and enhancing the rights of the family of the deceased to
access victim services and seek justice. This bill provides for further
examination of a suspicious death where the deceased has a history of
being victimized by domestic violence
 and one or more of the identified red flags are present. It further
strengthens the pathway for family members and close friends of victims
to seek justice for the murder of their loved one.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.