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History
- Committee discharged and committed to rules
- Notice of committee consideration - requested
- Referred to finance
- Referred to finance
Full text
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Sponsor's memo
BILL NUMBER:S3274
Title of bill
An act to amend the executive law, in relation to directing the municipal police training council to establish policies and procedures for the investigation of sex offenses and intervention by police officers into the commission of such offenses
Purpose of bill
This bill would better protect victims of sexual assault as well as the general public by authorizing the Municipal police Training council to establish policies and procedures regarding investigations of and interventions by police officers relating to sexual assault crimes including related provisions for training of new and veteran police officers.
Read the full memo (693 words)
Summary of provisions of bill
Section 1 of the bill amends the executive law by adding a new subdivision 4 to section 840.
Subdivision 4(a) authorizes the Municipal police Training council to develop and disseminate policies and procedures regarding the investigation and intervention by police officers in sexual assault crimes. The policies and procedures will also make provisions for education and training relating to the enforcement and investigation of crimes involving sexual assault under New York's state laws.
Subdivision 4(b) authorizes the Municipal police Training Council to recommend to the governor rules and regulations with respect to the establishment and implementation of a training program for all current and new police officers regarding the policies and procedures established pursuant to the subdivision.
Section 2 provides that this act shall become law on the ninetieth day after becoming law.
Justification
Over the past ten years the legislature has enacted over 100 new tough-on-crime laws which have helped reduce New York's crime rate. Among these laws have been significant enactments to crack down on sexual offenders including the landmark Sexual Assault Reform Act of 2000 and successive improvements to the State Sex Offender Registration Act (Megan's Law). Yet, studies indicate that a small percentage of rape or sexual assault is reported. In addition, a significant percentage of sexual violence is perpetrated by intimate partners. Furthermore, it is not uncommon to presume that sexual violence occurs among strangers. This may impact the nature and type of response to such crimes. In addition, advocates for prevention of sexual violence continue to express a need for better instruction for police officers related to response to sexual violence. Therefore, it is critical to build on the foundations of laws the legislature has passed thus far relating to sexual violence to ensure that police officers have uniform policies and procedures for investigation and intervention, and the
necessary information, training and tools to enhance their response to sexual violence.
Similar to the provisions for response to domestic violence, this legislation provides for the municipal police training council (MPTC) to develop policies and procedures for investigation and intervention by police officers of crimes involving sexual assault. Such policies and procedures, developed after consultation with rape crisis centers experienced in assisting victims in New York State, would include provisions for training of police officers such as, techniques to interview sexual assault victims, developing a better understanding of rape and sexual abuse trauma, common attributes of offenders, fair treatment standards for crime victims, gathering and preservation of evidence and notice of local services available to victims of such crimes. This is important as advocates for prevention of sexual violence continue to express a need for policies, procedures and instruction for police officers that emphasizes a victim centered approach to response to sexual violence. While this legislation does not require training of veteran officers, it provides for development and dissemination of policies and procedures for their training when such training occurs.
This legislation addresses the technical and fiscal concerns raised in the veto message 68 of 2009 relating to A.4629-B. It does so by authorizing the MPTC to recommend regulations to the Governor. In addition, it addresses the fiscal concerns in the message by removing additional training for child protective workers and also does not mandate training for veteran officers.
Legislative history
2010: S.7497/A.10571 (Weinstein) - Referred to finance 2009: A.4629-B/S.5042 - Veto 68 '09 2007-08: A.3148-A - Passed Assembly 2006: A.8294 - Passed Assembly 2005: A.8294 - A. Calendar
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect in 90 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.