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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S02280 Summary: BILL NO S02280C &nbsp SAME AS SAME AS A04899-C

&nbsp SPONSOR WEBB &nbsp COSPNSR ADDABBO, BYNOE, GALLIVAN, HARCKHAM, JACKSON, MAYER, MURRAY, MYRIE, PERSAUD, ROLISON, SCARCELLA-SPANTON &nbsp MLTSPNSR &nbsp Amd §§646, 837, 214-b & 840, Exec L; amd §654-a, Gen Bus L &nbsp Requires law enforcement officers to conduct a lethality assessment as part of the standardized domestic incident report form when responding to incidents of domestic violence.

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STATE OF NEW YORK ________________________________________________________________________

2280--C Cal. No. 289

2025-2026 Regular Sessions

IN SENATE

January 16, 2025 ___________

Introduced by Sens. WEBB, ADDABBO, HARCKHAM, JACKSON, MAYER, MURRAY, MYRIE, PERSAUD, ROLISON, SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading

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:

1 Section 1. Subdivision 3 of section 646 of the executive law, as added 2 by chapter 152 of the laws of 2019, is amended to read as follows: 3 3. An individual who has been the victim in this state of a family 4 offense as defined in subdivision one of section 530.11 of the criminal 5 procedure law or section eight hundred twelve of the family court act 6 may, upon alleging that it would be a hardship for [ him or her ] such 7 individual to make such complaint in the local jurisdiction in which 8 such offense occurred, make a complaint to any local law enforcement 9 agency in the state regardless of where the act took place. Such local 10 law enforcement agency shall take a police report of the matter, as well 11 as prepare a domestic [ violence ] incident report which includes lethali- 12 ty assessment questions as defined in subdivision fifteen of section

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03826-07-6

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1 eight hundred thirty-seven of this chapter and provide the complainant 2 with a copy of such report free of charge. A copy of the police report 3 and completed domestic [ violence ] incident report , including the lethal- 4 ity assessment questions shall be promptly forwarded to the appropriate 5 law enforcement agency with jurisdiction over the location where the 6 incident is reported to have occurred for the purposes of further inves- 7 tigation. 8 § 2. Subdivision 15 of section 837 of the executive law, as added by 9 chapter 222 of the laws of 1994 and the opening paragraph as amended by 10 chapter 432 of the laws of 2015, is amended to read as follows: 11 15. Promulgate, in consultation with the superintendent of state 12 police and the state office for the prevention of domestic violence, and 13 in accordance with paragraph (f) of subdivision three of section eight 14 hundred forty of this article, a standardized "domestic [ violence ] inci- 15 dent report form" for use by state and local law enforcement agencies in 16 the reporting, recording and investigation of all alleged incidents of 17 domestic violence, regardless of whether an arrest is made as a result 18 of such investigation. Such form shall be prepared in multiple parts, 19 one of which shall be immediately provided to the victim, and shall 20 include designated spaces for: the recordation of the results of the 21 investigation by the law enforcement agency and the basis for any action 22 taken; the recordation of a victim's allegations of domestic violence; 23 the age and gender of the victim and the alleged offender or offenders; 24 and immediately thereunder a space on which the victim may sign and 25 verify such victim's allegations. Such form shall also include, but not 26 be limited to spaces to identify: 27 (a) what other services or agencies, including but not limited to 28 medical, shelter, advocacy and other supportive services are or have 29 previously been involved with the victim; [ and ] 30 (b) whether the victim has been provided with the written notice 31 described in subdivision five of section eight hundred twelve of the 32 family court act and subdivision six of section 530.11 of the criminal 33 procedure law[ . ] ; and 34 (c) the results of a lethality assessment. 35 (i) By January first, two thousand twenty-eight, the division, in 36 consultation with the New York state office for the prevention of domes- 37 tic violence and relevant stakeholders, shall update the domestic inci- 38 dent report form and develop training for law enforcement on how to 39 administer the lethality assessment questions. Such training shall be 40 delivered by the New York state office for the prevention of domestic 41 violence in consultation with the division. All law enforcement officers 42 shall successfully complete such training by January first, two thousand 43 twenty-nine. Beginning January first, two thousand twenty-nine, such 44 training shall also be incorporated into the training requirements for 45 new law enforcement officers. 46 (ii) Lethality assessment questions shall be set forth in a separate 47 and clearly designated section of the domestic incident report form. The 48 lethality assessment questions may be duplicated or included in any 49 other part of the domestic incident form. To administer the lethality 50 assessment questions, a law enforcement officer shall ask the victim, in 51 the same or similar wording and in the same order, all of the following 52 questions; provided, however, the division, in consultation with the 53 office for the prevention of domestic violence, may issue guidance to 54 amend, supplement, or remove any questions: 55 (1) Have they ever used a weapon against you or threatened you with a 56 weapon?

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1 (2) Did they ever threaten to kill you, your children, or your pets? 2 (3) Do you believe they will try to kill you or have they tried to 3 kill you? 4 (4) Have they ever strangled or choked you or attempted to strangle or 5 choke you? 6 (5) Do they have a firearm or could they get one easily? 7 (6) Are they violently or constantly jealous, or do they control most 8 of your daily activities? 9 (7) Have you left them or separated from them after living together or 10 being married? 11 (8) Are they unemployed? 12 (9) Have they ever threatened to kill themselves? 13 (10) Do you have a child whom they believe is not their biological 14 child? 15 (11) Do they follow, spy on, or send threatening messages to you? 16 (12) Is there anything else that worries you about your safety and, if 17 so, what worries you? 18 (13) Any other questions the division, in consultation with the office 19 for the prevention of domestic violence, shall deem necessary. 20 (iii) A law enforcement officer shall advise the victim of the results 21 of the assessment and refer the victim to the local domestic violence 22 program and provide the number of the New York state domestic and sexual 23 violence hotline. The law enforcement officer shall follow all 24 directions on the domestic incident report regarding scoring responses 25 and referrals based on such scoring, including sharing a copy of the 26 report with the local domestic violence program and any applicable high 27 risk teams. If the law enforcement officer determines the information 28 collected in response to such questions establishes credible information 29 that an individual is likely to engage in conduct that would result in 30 serious harm to such individual or others, as defined in paragraph one 31 or two of subdivision (a) of section 9.39 of the mental hygiene law, the 32 office shall file an application for an extreme risk protection order 33 in accordance with section sixty-three hundred forty-one of the civil 34 practice law and rules. 35 (iv) If the victim does not, or is unable to, provide information to a 36 law enforcement officer sufficient to allow the law enforcement officer 37 to administer a lethality assessment, the law enforcement officer shall 38 note the lack of a lethality assessment in a written police report and 39 attempt to refer the victim to the nearest certified domestic violence 40 program or the New York state domestic and sexual violence hotline. 41 § 3. Subdivision (a) of section 214-b of the executive law, as amended 42 by chapter 432 of the laws of 2015, is amended to read as follows: 43 (a) intake and recording of victim statements, and the prompt trans- 44 lation of such statements if made in a language other than English, in 45 accordance with subdivision (c) of this section, on a standardized 46 "domestic [ violence ] incident report form" promulgated by the state 47 division of criminal justice services in consultation with the super- 48 intendent and with the state office for the prevention of domestic 49 violence, and the investigation thereof so as to ascertain whether a 50 crime has been committed against the victim by a member of the victim's 51 family or household as such terms are defined in section eight hundred 52 twelve of the family court act and section 530.11 of the criminal proce- 53 dure law; 54 § 4. Subparagraph 1 of paragraph (f) of subdivision 3 of section 840 55 of the executive law, as amended by chapter 432 of the laws of 2015, is 56 amended to read as follows:

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1 (1) intake and recording of victim statements, and the prompt trans- 2 lation of such statements if made in a language other than English, in 3 accordance with subparagraph three of this paragraph, on a standardized 4 "domestic [ violence ] incident report form" promulgated by the division 5 of criminal justice services in consultation with the superintendent of 6 state police, representatives of local police forces and the state 7 office for the prevention of domestic violence, and the investigation 8 thereof so as to ascertain whether a crime has been committed against 9 the victim by a member of the victim's family or household as such terms 10 are defined in section eight hundred twelve of the family court act and 11 section 530.11 of the criminal procedure law; and 12 § 5. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a 13 of the general business law, as amended by chapter 17 of the laws of 14 2013, is amended to read as follows: 15 (5) the purchaser of a contract signed by more than one purchaser 16 provides to the operator a copy of any of the following, within six 17 months of its issuance, involving domestic violence by another signatory 18 of the same contract: (A) a valid domestic [ violence ] incident report 19 form as such term is defined in subdivision fifteen of section eight 20 hundred thirty-seven of the executive law; (B) a valid police report; 21 (C) a valid order of protection; or (D) a signed affidavit from a 22 licensed medical or mental health care provider, employee of a court 23 acting within the scope of [ his or her ] such individual's employment, 24 social worker, a rape crisis counselor as defined in section forty-five 25 hundred ten of the civil practice law and rules, or advocate acting on 26 behalf of an agency that assists domestic violence victims. Paragraph d 27 of this subdivision shall not apply to a purchaser canceling under this 28 subparagraph. A claim for termination under this subparagraph shall be 29 made in good faith. Termination under this subparagraph shall require, 30 and the provision of any of the items in (A) through (D) of this subpar- 31 agraph, for the purposes of this subparagraph, shall be presumptive 32 evidence of the continued existence of a substantial risk of physical or 33 emotional harm to the purchaser or purchaser's child. 34 § 6. This act shall take effect immediately.

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