NYSCADV 2024 Legislative Summary

NYSCADV 2024 Legislative Summary

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2024 DOMESTIC VIOLENCE AND SEXUAL ASSAULT RELATED LAWS

REMOVES PENETRATION REQUIREMENT FROM RAPE STATUTES

Chapter 777 of Laws of 2023, Approval Memo 96 (A3340 Cruz/S3161 Hoylman-Sigal)

Removes the penetration requirement from New York State rape statutes; redefines rape to include oral and anal sexual contact, previously referred to as “criminal sexual acts,” so that these other forms of sexual assault are recognized by law as rape. Effective January 1, 2024.


MAKES CLARIFYING CHANGES TO 2023 LAW MODIFYING DEFINITION OF RAPE

Chapter 23 of Laws of 2024 (A8558 Cruz/S8008 Hoylman-Sigal)

Amends Chapter 777 of the Laws of 2023 to ensure loopholes are not created that would hinder pending and future prosecutions of acts that now constitute anal and oral rapes. Effective Immediately.


EXTENDS TIMEFRAME FOR MANDATED REPORTERS TO RECEIVE TRAINING

Chapter 25 of Laws of 2024 (A8486 Hevesi/S8049 Mannion)

Requires the State Office of Children and Family Services (OCFS) to update training offered to mandated reporters to include guidance on identifying an abused or maltreated child when such child is an individual with an intellectual or developmental disability; extends timeframe for mandated reports to obtain revised training from one year to two years. Effective November 17, 2024.

PERMITS OCA TO PROVIDE DV SURVIVORS WITH ELECTRONIC HOPE CARDS

Chapter 48 of Laws of 2024 (A8604 Clark/S8063 Cleare)

Amends the 2023 Hope Card Act by permitting the Office of Court Administration (OCA) to provide to protected parties a free digital image of a final Order of Protection, delivered via text message, email or other electronic communication, a free durable, wallet-sized physical card with a summary of information about the final Order of Protection, or both; ensures the physical cards will include the name and date of birth of all protected parties, the name and date of birth of the restrained party, the issuing court and judge, the docket or case number, and the date of issuance and expiration of the final order. Effective February 7, 2024.


AMENDS 2023 FAIR ACCESS TO VICTIM COMP LAW TO FACILITATE PROCESSING OF CLAIMS

Chapter 84 of Laws of 2024 (A8566 Meeks/S8071 Myrie)

Amends the 2023 Fair Access to Victim Compensation law by defining which support agencies and victim services providers can provide records to support a victim’s compensation claim. Effective December 31, 2025.


Aug. 7, 2024 Page 1 of 21

NO FILING OR NOTICE REQUIREMENT FOR ADULT SURVIVOR ACT CLAIMS

Chapter 153 of Laws of 2024 (A6138 Rosenthal L./S5916 Hoylman-Sigal)

Clarifies that civil claims or causes of action revived by the Adult Survivors Act do not require the filing of a notice of claim or a notice of intention to file a claim. Effective Immediately and Applies to Actions and Proceedings Pending On or After Effective Date.


INCREASE NUMBER OF JUDGES IN FAMILY COURT

Chapter 204 of Laws of 2024 (A10540 Dais/S9839 Hoylman-Sigal)

Adds 16 judges to New York’s family courts, adding one additional family court judge in Cayuga, Chenango, Cortland, Erie, Jefferson, Rensselaer, Rockland, and Westchester counties; two additional family court judges in both Nassau and Suffolk counties; and four additional family court judges in New York City; also adds 12 judges to New York City’s civil courts.


OTHER IMPORTANT 2024 LAWS FOR DV ADVOCATES TO KNOW ABOUT

AUTOMATED INCLUSION INTO STATE UTILITY CORPORATION AFFORDABILITY PROGRAM

Chapter 78 of Laws of 2024 (A8488 Solages/S8022 Parker)

Amends a 2023 law requiring the State Office for Temporary and Disability Assistance (OTDA) and utility companies to automatically enter eligible New Yorkers into the Home Energy Assistance Program (HEAP) by safeguarding against the risk of violating federal law and providing a feasible timeframe for implementation of the automated matching program. Effective Immediately.


STOP ADDICTIVE FEEDS EXPLOITATION (SAFE) FOR KIDS ACT

Chapter 120 of Laws of 2024 (A8148A Rozic/S7694A Gounardes)

Prohibits social media platforms from providing an addictive feed to children younger than 18 without parental consent; prohibits social media platforms from sending notifications concerning addictive feeds to minors between hours of midnight and 6:00am without parental consent; authorizes the Attorney General to provide enforcement and seek relief, including damages, when social media platforms violate the law. Effective 180 days after Attorney General promulgates rules and regulations necessary to effectuate the law.


NEW YORK CHILD DATA PROTECTION ACT

Chapter 121 of Laws of 2024 (A8149A Rozic/S7695A Gounardes)

Protects the privacy of children and young adults by restricting digital services from collecting or using the personal data of users they know are under the age of 18 without consent; requires safeguards for the sale or disclosure of personal data of users they know are under aged 18; authorizes the Attorney General to bring proceedings or special actions when online platforms violate the law. Effective June 20, 2025.


2024 LEGISLATION APPROVED BY LEGISLATURE AND AWAITING ACTION BY GOVERNOR

(In numerical order with DV/SA specific bills highlighted in purple)


INFORMATION TO PATIENTS REGARDING POLICY-BASED EXCLUSIONS

A733A Rozic/S1003A Hinchey

Would ensure individuals have access to information about whether the hospital(s) in their area provide the care they seek prior to admission; would require the state Commissioner of Health to collect a list of policy-based exclusions from each health care facility and publish such information on its website.


CREATION OF LGBTQ+ ADVISORY BOARD

A1273 Kelles/S5532 May

Would create a formal LGBTQ+ advisory board to gather information on issues surrounding the LGBTQ+ community and report such findings to state officials.


NO DELAYS IN HIV/AIDS PRESCRIPTION TREATMENT

A1619A Rosenthal L./S1001A Hoylman-Sigal

Would ensure that anti-retroviral medications for the treatment or prevention of HIV or AIDS are readily available to patients by prohibiting insurers from requiring prior authorization that could restrict access.


HOSPITAL CLOSURE TO CONSIDER COMMUNITY IMPACT

A1633B Simon/S8843A Rivera

Would allow the state Department of Health (DOH) to approve a hospital closure or closure of a unit that provides emergency, maternity, mental health or substance use care only if the needs of the community and impacted stakeholders can be adequately met; would require a significant and thorough community input process dictated by a statutorily imposed timeline prior to approval of a hospital’s closure.


INDIVIDUALS ON PROBATION ARE INCAPABLE OF CONSENT

A1774 Rosenthal L./S2922 Cleare

Would make it easier to prosecute probation officers who commit sexual assault by deeming individuals who are on probation incapable of consenting to sexual conduct with their supervising probation officers.


THE SECURING ACCESS TO FAIR AND EQUAL (S.A.F.E.) SHELTER ACT

A2583A Hevesi/S15A Gounardes

Ensures equitable access to DV emergency shelters for single adults by requiring the state to reimburse for any payment differential for housing a single individual in a room intended for double occupancy.


HEALTH INSURANCE FOR PREGNANT INDIVIDUALS

A2656 Walker/S201 Cleare

Would prohibit health insurers from imposing fees or other penalties for the special enrollment of a pregnant individual into the state health insurance exchange.

TIMELY PROCUREMENT PROCESS FOR NYS CONTRACTS WITH NONPROFITS

A2740B Paulin/S4877A Mayer

Would define a process for state agencies that have failed to renew contracts with nonprofits within the required timeframe to become compliant by submitting monthly reports to the Office of the State Comptroller and Attorney General (AG) that identify the reasons for the non-compliance and the steps the agency will take to finalize such contracts.


FIREARMS DEALERS TO PROVIDE NOTICE OF RISKS TO THOSE PURCHASING FIREARMS

A2882 Dinowitz/S6649 Gianaris

Would require gunsmiths and firearms dealers to hang posters and distribute notices to individuals purchasing firearms that access to firearms “significantly increases the risk of suicide, death during domestic disputes, and/or unintentional deaths to children, household members and others; failure to comply would be a violation punishable by up to 15 days in jail or a fine of no more than $1,000.


CHILD SENSITIVE ARREST POLICIES AND PROCEDURES

A3502 Vanel/S2747 Bailey

Would direct the superintendent of state police, in consultation with OCFS and the State Division of Criminal Justice Services (DCJS), to develop and institute child-sensitive arrest policies and procedures, including inquiring whether an arrestee is charged with the care or custody of a child; allowing for the arrangement of temporary care for the child; education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; and information on the availability of access to community- based providers of crisis intervention, child protection and other resources that could aid the child.


FREE MENSTRUAL PRODUCTS IN PUBLIC COLLEGES AND UNIVERSITIES

A4060 Paulin/S5910 Hinchey

Would require free menstrual products in all public college and university building restrooms.


EXPAND VICTIM RIGHTS NOTIFICATION AT TIME OF SENTENCING

A4199 Stern/S5502 Scarcella-Spanton

Would require courts and district attorneys to provide the victim notification of rights brochure, which is already provided to victims, to parents/guardians of minors or a surviving family member in the case of a homicide; such notice will be expanded to include information about services offered by the Department of Correction and

Community Supervision’s (DOCC’s) Office of Victim Assistance, the right to provide a victim impact statement to the Board of Parole, and the right to obtain a copy of parole hearing transcripts at no cost.


SIMPLIFY SEARCH FOR INCARCERATED INDIVIDUALS

A4763A Peoples-Stokes/S4061A Mannion

Would require state websites providing information about incarcerated individuals to be searchable by the

incarcerated individual’s name, former name and alias.


BREAST CANCER SCREENING EVERY TWO YEARS FOR INCARCERATED INDIVIDUALS

A4957 Jean-Pierre/S204 Cleare

Would provide incarcerated individuals with access to no-cost breast cancer screenings every two years and information about breast self-exams.


NOTICE OF VICTIM COMP ELIGIBILITY FOLLOWING DEATH OF A VICTIM

A4973A Anderson/S8881 Sanders

Would require the state Office of Victim Services (OVS) to provide notification of potential eligibility for crime victims’ awards to a deceased individual’s next-of-kin; would require DCJS and OVS to develop and implement procedures for police to notify family members and dependents of crime victim compensation awards they may be eligible to receive.


CONSTITUTIONAL AMENDMENT AUTHORIZING INCREASED NUMBER OF SUPREME COURT JUSTICES

A5366 Bores/S5414 Hoylman-Sigal

Would authorize the Legislature to increase the number of justices of the supreme court in any judicial district by

removing the Constitution’s limitation of one supreme court justice per 50,000 occupants of a district.


FACILITY OPERATIONS INFORMATION TO PROSPECTIVE MATERNITY PATIENTS

A5576 Sillitti/S3610 Webb

Would require healthcare facilities to provide information about the facility and what types of plans and procedures are in place for maternity patients, including whether the facility participates in quality improvement initiatives; whether the facility arranges for emergent transfer for critically ill pregnant people or infants; whether the facility has a written community needs assessment plan to reduce racial disparities; whether the facility offers, upon patient request, an autopsy for stillbirth; and whether the facility offers bereavement support for patients that suffer a stillbirth or third trimester fetal loss.


REPORTING OF EXTREME RISK PROTECTION ORDERS TO STATEWIDE REGISTRY

A5873 Lavine/S3340 Mayer

Would require judges to provide notice of the issuance, amendment or revocation or temporary and/or final extreme risk protection orders (ERPOs) to the statewide computerized registry, the centralized database of all court orders of protection and outstanding warrants that is accessible by state and local law enforcement, DCJS, OCA and the state Office for the Prevention of Domestic Violence (OPDV).


EXTENDING ORDERS OF PROTECTION TO FAMILY MEMBERS OF INTIMATE PARTNERS

A6026 Cunningham/S6288 Hinchey

Known as Melanie’s Law, would allow courts to issue Orders of Protection for immediate family members or household members of an identified domestic violence victim, regardless of age.


CLARIFIES LANGUAGE IN COURT NOTICES TO RESPONDENTS IN CHILD ABUSE AND NEGLECT CASES

A7348 Dickens/S9745 Brisport

Would update language in notice provided to respondents in child abuse and neglect cases to ensure they understand how long such information would be available to employers and licensing bodies, particularly for those who are considering an admission in their case.


NO MANAGED CARE PROGRAMS FOR VICTIMS OF TRAUMATIC BRAIN INJURY

A7369 McDonald/S2867 Rivera

Would ensure that services to medical assistance recipients suffering from traumatic brain injuries or qualifying for nursing home diversion and transition services are provided outside of managed care program; would authorize DOH to take any action required with the federal government to continue the provision of such services.

AUTHORIZES POLICE AGENCIES, NOT OFFICERS, TO FILE ERPOS

A7717B Wallace/S8589A Scarcella-Spanton

Would authorize a police agency, rather than a police officer, to file as the petitioner for an Extreme Risk Protection Order to minimize complications for police officers.


MATERNAL HEALTH CARE AND BIRTHING STANDARDS WORKGROUP

A8207A Clark/S7702A Webb

Would require DOH to convene a maternal health care and birthing standards work group to study, evaluate and make recommendations related to the development of maternal health care and birthing standards to ensure patients receive the highest quality of care.


MOVE OCFS COUNCIL ON CHILDREN AND FAMILIES TO EXECUTIVE

A8322A Hevesi/S7452A Persaud

Would move the Council on Children and Families from OCFS to the Governor’s Office and update the laws governing the Council’s operations.


CREATES TASK FORCE TO STUDY FISCAL CLIFFS IN STATE’S PUBLIC ASSISTANCE PROGRAMS

A8431A Davila/S7830A Persaud

Would create a fiscal cliff task force to conduct a study on fiscal cliffs in the state, including within various public assistance programs, tax credits and other programs or services provided by the state which are tied to income; the task force will also recommend ways to reduce or eliminate such fiscal cliffs.


DEVELOP PROGRAMS TO PREVENT WORKPLACE VIOLENCE

A8934A Bronson/S3065B Ramos

Would require public employers to conduct an evaluation of workplace abusive conduct and bullying in their already required risk evaluations; would require all public employees to receive information and training on identifying, preventing and reporting workplace bullying and abusive conduct.


ACCURATE LANGUAGE INTERPRETATION IN COURT DOCUMENTS

A9122 Cruz/S8687 Bailey

Would require an accusatory instrument or supporting deposition by a witness or victim of a crime with limited English proficiency be translated by a qualified translator who submits an affidavit affirming what they did and their qualifications.


AFFIRMATIONS, NOT AFFIDAVITS, IN ADMINISTRATIVE PROCEEDINGS

A9478A McMahon/S9032A Ryan

Would permit litigants in administrative proceedings, such as Article 78 proceedings, name change cases and housing court proceedings, to submit affirmations rather than notarized affidavits, as is currently permitted in other court actions and by federal law.


MODIFIES CHILD SUPPORT GUIDELINES TO CONSIDER PARTIES’ SPECIFIC CIRCUMSTANCES

A9505 McMahon/S9015 Persaud

Would conform New York’s child support guidelines with federal regulations which allow courts to consider the specific circumstances of the parents, including assets, residence, employment and earning history, job skills,

educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, local job market.


PROTECT DV SURVIVORS FROM STALKING VIA VEHICLE NAVIGATION SYSTEMS

A9616C Rosenthal L./S9174B Gounardes

Would require car manufacturers and dealers to terminate a DV abuser’s access to remote vehicle technology within five days of a request from a DV survivor; when making such request, a DV survivor must present proof that they legally own the vehicle and must self-attest to their status as a DV victim.


EXPAND STATUTORY DEFINITION OF MENTAL HEALTH PROVIDERS

A10105B Berger/S9294A Fernandez

Known as Gittel’s Law, would expand the statutory definition of mental health providers to include a licensed mental health counselor and a licensed marriage and family therapist to ensure patients who are sexually exploited from such mental health providers may seek justice.


EXPAND USE OF E-FILING IN COURT

A10350 Shimsky/S7524 Hoylman-Sigal

Would mandate the use of e-filing in matrimonial cases, residential foreclosures and consumer debt actions in Supreme Court and permit the use of e-filing in the NYC criminal court and district, town, village and city courts outside New York City.


EXPANDS COURT VENUE OPTIONS FOR SUPREME COURT CASES INVOLVING CHILDREN

A10353 Dinowitz/S9733 Hoylman-Sigal

Would designate that the location for certain Supreme Court proceedings (e.g., matrimonial, custody or visitation, distribution of marital property and post-judgment proceedings following divorce) be in a county where either party resides or, if there are minor children of the marriage, where one of such children resides.


OPDV STUDY ON DV IN TRANSGENDER COMMUNITY

A10397 Bichotte Hermelyn/S7185 Parker

Would require OPDV to conduct a study on DV in the transgender community with a focus on DV involving Black transgender women; such study would examine, evaluate and make recommendations concerning the prevalence, causes, effects, risks and costs of such DV and find ways to reduce DV and increase reporting of DV.


RELEVANT APPRORIATIONS AND POLICIES

INCLUDED IN APPROVED FY’24-’25 NYS BUDGET

STATE FUNDS TO ADDRESS VOCA SHORTFALL

A8803D/S8303D (Aid to Localities Budget) and Chapter 56 (Education, Labor, Housing and Family Assistance Budget Part XX)

To address a significant decrease in New York’s federal Victims of Crime Act grant, the Governor and Legislature provided $134.4 million to OVS for distribution to contracted victim services organizations. $34.4 million will be used to ensure the continuity of existing contracts with victim service organizations and another

$100 million will be applied to the next Request for Applications, which will be issued next year.

SURVIVOR ACCESS FINANCIAL EMPOWERMENT (SAFE) PROGRAM

A8803D/S8303D (Aid to Localities Budget)

The budget earmarked $5 million for local DV programs to distribute to victims and survivors of DV. The funding can be used for a variety of purposes, including housing costs, children’s needs, education and training, food and household supplies, utilities, transportation and more. This funding supplements an additional $5 million

earmarked in the FY’23-’24 budget.


FUNDING TO REDUCE DV INCIDENCE AND SUPPORT PROSECUTION OF OFFENDERS

A8803D/S8303D (Aid to Localities Budget)

Approximately $30 million was earmarked to enhance coordinated community responses with law enforcement and DV providers to reduce domestic violence, including use of risk assessments, enhanced reporting and increased focus on high risk DV offenders. In addition, $5.7 million will be used in certain counties to expand the DV Strategic Threat Alert Team (or DVSTAT) model, a program initiated in Queens to identify and enhance the prosecution of high-risk DV cases after a crime has occurred but before an offender has been apprehended.


ADDS CRIMES FOR PROSECUTION OF HATE CRIMES

Chapter 55 (Public Protection and General Government Budget Part C)

Adds gang assaults, criminal obstruction of breathing or blood circulation, aggravated murder, sexual misconduct, rape in second degree, criminal sexual acts, forcible touching, sexual abuse, aggravated sexual abuse, sex trafficking, falsely reporting an incident and criminal possession of a weapon to the list of crimes that can be charged as a hate crime. Effective June 20, 2024.


PAID LEAVE FOR PREGNANT EMPLOYEES

Chapter 55 (Public Protection and General Government Budget Part M)

Provides eligible pregnant employees the ability to take up to 20 additional hours of leave (within a 52-week calendar period) for prenatal medical appointments in addition to 12 weeks of paid family leave or 26 weeks of disability leave. Effective January 1, 2025.


PAID BREAK TIME FOR BREAST MILK EXPRESSION

Chapter 56 (Education, Labor, Housing and Family Assistance Budget Part J)

Requires employers to provide employees with paid break time for 30 minutes and permit an employee to use existing paid break time or mealtime for time in excess of 30 minutes, to allow an employee to express breast milk for up to three years following childbirth. Effective June 20, 2024.


GOOD CAUSE EVICTION

Chapter 56 (Education, Labor, Housing and Family Assistance Budget Part HH)

Prohibits eviction except for good cause (e.g., tenant has failed to pay rent as long as debt is not the result of an unreasonable rent increase; tenant is a nuisance; tenant has been noticed of violation(s) and hasn’t resolved them; or illegal activity) in New York City and voluntarily in other municipalities that approval local laws implementing the requirements; also caps rent increases for most market rate apartments in New York City and potentially, other villages, towns and cities statewide. Effective Immediately.

REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM

Chapter 56 (Education, Labor, Housing and Family Assistance Budget Part PP)

Establishes program to provide funding to abortion providers and non-profit organizations that provide or facilitate access to abortion care; program will be designed to increase access to care, fund uncompensated care and address the support needs of individuals accessing such care. Effective Immediately.


PROVISION OF DOULA SERVICES

Chapter 57 (Health and Mental Hygiene Budget Part KK)

Authorizes DOH to issue statewide standing orders for the provision of doula services for pregnant, birthing and postpartum people through 12 months after child birth; creates a doula expansion grant program enabling community-based organizations to enhance recruitment, training and certification programming; supports and mentors community-based doulas with priority given to providers who train doulas in historically vulnerable communities and bilingual doulas. Effective Immediately.


PROTECTS HOSPITAL PATIENTS FROM LEGAL ACTION FOR MEDICAL DEBT

Chapter 57 (Health and Mental Hygiene Budget Part O)

Prohibits hospitals from suing to recover medical debt if patient has income below 400% of the federal poverty level; ensures hospitals have policies to reduce charges for underinsured individuals; restricts consideration of immigration status in determinations for financial assistance; raises income standards to ensure more people are eligible to receive assistance; extends time period for patients to apply for financial assistance; prohibits denial of admission or treatment due to unpaid medical bills; restricts sale of medical debt to third party unless it is intended to relieve such debt; requires hospitals to provide notice to patients about the risks of paying for medical services by credit card. Effective October 20, 2024.


2024 DOMESTIC VIOLENCE RELATED BILLS PASSED BY THE ASSEMBLY

RAISES MAXIMUM AGE YOUTH CAN RECEIVE SHELTER SERVICES TO 24

A6982 Gonzalez-Rojas/S2674 Fernandez

Would raise the maximum age a homeless youth can enter a youth shelter from 21 to 24.


EXTENDS OP DURATION FOR CHILD ABUSERS

A7680 McMahon/S7446 Salazar

Would permit court to issue an Order of Protection to a household member living in the home of a child who is the subject of a child abuse case for a period of two years or, where special circumstances have been found (e.g., physical injury caused by respondent, use of a dangerous weapon, history of violations of OPs, prior convictions against protected party, etc.) a period of five years with annual judicial review.


UPDATING MUNICIPAL FORMS WITH AN “X” GENDER MARKER

A8241B Burdick/S8680A Hoylman-Sigal

Would require municipalities to update websites, online internet services and printed forms to permit people to

mark their gender or sex as “X”.


2024 DOMESTIC VIOLENCE RELATED BILLS PASSED BY THE SENATE

PROHIBIT DCJS FROM DISCLOSING PENDING ACD’S

A45 Weprin/S258 Serrano

Would conform the Executive Law to the Human Rights Law to prohibit DCJS from disclosing to employers and licensing agencies pending orders of adjournment in contemplation of dismissal (ACD) on civil records of arrests and prosecutions to minimize the risk of discrimination.


EXTEND STATUTE OF LIMITATIONS FOR WORKPLACE DISCRIMINATION

A65 Rosenthal L./S345 Gounardes

Would extend the statute of limitations for harassment in the workplace from three years to six years.


NEW YORK STATE PHOENIX ACT

A145A Cruz/S4686A Parker

Would extend the statute of limitations for felony family offenses to 10 years and misdemeanor family offenses to five years; would require the NYS Police and OPDV to develop, maintain and distribute policies and procedures regarding the investigation and intervention of family offenses to new and veteran police officers.


PRIVATE RIGHT OF ACTION FOR STEALTHING

A157A Paulin/S4032A Scarcella-Spanton

Would provide victims of stealthing – the secretive and non-consensual removal of a condom during otherwise consensual intercourse – a right of action to recognize that victims of nonconsensual condom removal experience real emotional, financial and physical harms to which the law might provide remedy through compensation or simply an opportunity to be heard and validated.


BAN "NO-REHIRE" CLAUSES IN SETTLEMENT CONTRACTS

A306 Cruz/S14 Gounardes

Would prohibit "no rehire" clauses in settlement agreements for employees or independent contractors that have filed a claim against their employers and would render settlement contracts unenforceable if they contain “no rehire” clauses.


COURT ACCOMPANIMENT FOR VULNERABLE SENIORS

A315 Rosenthal L./S4421 Fernandez

Would permit a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, provided that the district attorney consents.


REMOVES 10-YEAR TIME PERIOD FROM CRIME OF PERSISTENT SEXUAL ABUSE

A461 Rosenthal L/S1951 Hoylman-Sigal

Would remove the 10-year time period in relation to being defined as a person who has committed persistent sexual abuse; currently, only individuals who have committed the crime of forcible touching or sexual abuse within a 10-year period can be charged with persistent sexual abuse.

HOSPITAL VIOLENCE PREVENTION PROGRAMS

A474C Cruz/S4909B Sepulveda

Would require hospitals to create violence prevention programs to protect hospital staff from violence, including verbal and physical abuse, and define when hospitals should have off-duty law enforcement in emergency rooms.


PROHIBIT PRE-ARRAIGNMENT DETENTION OF INDIVIDUALS FOR MORE THAN 24 HOURS

A505 Gonzalez-Rojas/S449 Gianaris

Would prohibit detention of individuals for more than 24 hours; if individual is detained before arraignment for longer than 24 hours, would create an evidentiary presumption that such detention was avoidable, unnecessary and unlawful; would provide New York City defender organizations with access to location information about individuals in prison via a detained persons registry.


AV AND LIVESTREAM COVERAGE OF COURT PROCEEDINGS

A712B Weprin/S160B Hoylman-Sigal

Subject to appropriations by the Legislature, would permit livestreaming of proceedings in supreme, county, city, appellate, family, town and village courtrooms, except when good cause is shown or when the courtroom is lawfully closed to the general public; a party may demonstrate good cause if the coverage will have a substantial effect on the individual that is qualitatively different from the effect on members of the public and that such effect will be qualitatively different from coverage by other types of media.


PROHIBIT USE OF INTOXICATION OF VICTIM AS DEFENSE IN SEX CRIMES

A1065A Dinowitz/S4555B Fernandez

Would prohibit the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any drug, intoxicant, or other substance to a degree which renders that person incapable of giving consent and that condition is known or reasonably should be known to a person in the defendant’s situation.


INCLUSION OF VICTIMS OF REVENGE PORN IN ADDRESS CONFIDENTIALITY PROGRAM

A1068 Walker/S3236 Sepulveda

Would expand the definition of a victim of a sexual offense to include victims of revenge porn, enabling such victims to be included in the state Address Confidentiality Program.


ASSIST DV SURVIVORS WITH GETTING HOUSING

A1113 Stirpe/S936 Bailey

Would require statewide housing authorities, when reviewing applicants, to grant DV survivors the same priority granted to other prioritized populations applying for such housing.


COERCED DEBT ACCOMMODATION FOR DV SURVIVORS

A1309B Rosenthal L/S2278A Cleare

Would prohibit creditors from enforcing consumer debts incurred as a result of fraud; would establish a right of action by the debtor for declaratory and injunctive relief against creditors for violations.

REQUIRES TOWN AND VILLAGE JUSTICES IN HIGH ARRAIGNMENT AREAS TO BE ATTORNEYS

A1358C Thiele/S139C Ryan

Would require justices in town and village courts with high arraignment volumes to be licensed as attorneys with at least five years of experience.


PROHIBITS INSURERS FROM DISCRIMINATING AGAINST THOSE WHOSE GENDER INDICATION IS DIFFERENT FROM SEX ASSIGNED AT BIRTH

A1682B Woerner/S3234A Hoylman-Sigal

Would prohibit insurance policies from excluding coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy, if an individual’s gender indication on insurance claim forms is different from their sex assigned at birth or their gender otherwise recorded.


TRANSFER OF PREGNANT INCARCERATED INDIVIDUALS TO RESIDENTIAL TREATMENT FACILITIES

A1846 Meeks/S3174 Cleare

Would authorize the transfer of pregnant and postpartum incarcerated individuals to community alternatives such as halfway houses and provide them with necessary treatment and programming for the duration of their pregnancy and up to one year after childbirth; would require annual reporting on the number of such individuals transferred.


EXTEND STATUTE OF LIMITATIONS OF ACTIONS RELATED TO SEX TRAFFICKING OFFENSES

A1940B Dinowitz/S349B Cleare

Would provide sex trafficking survivors with the same protections as survivors of other B felony sex offenses; would remove the statute of limitations for sex trafficking and sex trafficking of a child and would extend the time period in which a civil cause of action can be commenced.


REPORTS TO FBI OF LAW ENFORCEMENT USE OF FORCE

A2022A Clark/S5448A Jackson

Would require DCJS to report to the FBI’s national use-of-force data collection program, all incidents when law enforcement brandishes, uses or discharges a firearm, impact weapon or electronic control weapon; uses a chokehold or similar restraint; displays, uses or deploys a chemical agent; or engages in conduct resulting in the death or serious bodily injury of another person; would withhold 10% of any state funding to any police

department of sheriff’s office that fails to make a report.


CONFIDENTIAL, NOT ANONYMOUS, REPORTS TO NYS CHILD ABUSE REGISTRY

A2479A Hevesi/S902B Brisport

Would require a caller making a report of suspected child abuse or maltreatment to the central registry to leave their name and contact information; prohibits OCFS from releasing information identifying a person who made such a report.


VICTIM IMPACT STATEMENTS AT PAROLE HEARINGS

A2724 Pheffer Amato/S1815 Stavisky

Would require district attorneys to automatically notify victims of upcoming parole hearings and their right to testify at such hearings or file written crime victim impact statements.

HEALTH INSURANCE FOR ADULT UNDOCUMENTED INDIVIDUALS

A3020A Gonzalez-Rojas/S2237A Rivera

Would require DOH to modify its 1332 waiver program to seek coverage for a minimum of 240,000 adult undocumented individuals who live in New York; would direct DOH to seek approval from the federal government to use federal surplus reserves to support such individuals.


PROVIDES FOR VICTIM STATEMENTS AT SENTENCING OF A DEFENDANT FOR A MISDEMEANOR

A3099A Woerner/S1901A Stavisky

Known as Emma’s Law, would direct courts, upon a victim’s timely request, to permit victims of misdemeanor crimes to make a statement at the sentencing of the defendant where the defendant pled down from a felony charge and the felony offense resulted in serious physical injury to the victim.


INCREASE AWARD AMOUNT MADE TO CRIME VICTIMS

A3257 Rajkumar/S303 Salazar

Would clarify and expand the definition of “welfare” to include personal property that is “lost, damaged or

stolen” as a result of a crime and for which “reimbursement or replacement is reasonably necessary for the victim

to restore stability or maintain a reasonable and/or basic standard of living.”


CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY FOR INCARCERATED INDIVIDUALS

A3412B Epstein/S225B Myrie

Would provide that no incarcerated individual in any state or local prison or jail shall be compelled or induced to provide labor against their will by actual or threatened force, punishment, sexual assault or other means reasonably likely to cause the individual to believe that if they do not provide such labor, they or another person will suffer physical, emotional or mental harm, or other adverse consequences.


PREVENT ABUSERS FROM USING TECH TO HARASS VICTIMS

A3883 Braunstein/S2450 Krueger

Would expand the definition of the offense of aggravated harassment in the second degree to include contacts via text, private message, e-mail or other electronic communication.


CRIME OF VOYEURISM

A3