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This entry was published on 2016-02-19
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SECTION 214-B
Family offense intervention
Executive (EXC) CHAPTER 18, ARTICLE 11
§ 214-b. Family offense intervention. The superintendent shall, for
all members of the state police including new and veteran officers,
develop, maintain and disseminate, in consultation with the state office
for the prevention of domestic violence, written policies and procedures
consistent with article eight of the family court act and applicable
provisions of the criminal procedure and domestic relations laws,
regarding the investigation of and intervention in incidents of family
offenses. Such policies and procedures shall make provision for
education and training in the interpretation and enforcement of New
York's family offense laws, including but not limited to:

(a) intake and recording of victim statements, and the prompt
translation 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
superintendent 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
procedure law;

(b) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subdivision (c) of this section,
including but not limited to immediately providing the victim with the
written notice provided in subdivision six of section 530.11 of the
criminal procedure law and subdivision five of section eight hundred
twelve of the family court act.

(c) The superintendent, in consultation with the division of criminal
justice services and the office for the prevention of domestic violence
shall determine the languages in which such translation required by
subdivision (a) of this section, and the notification required pursuant
to subdivision (b) of this section, shall be provided. Such
determination shall be based on the size of the New York state
population that speaks each language and any other relevant factor. Such
written notice required pursuant to subdivision (b) of this section
shall be made available to all state police officers in the state.