Establishes an independent fatality review board to investigate deaths appearing to be from unnatural causes, where domestic violence is apparent

Summary of specific provisions

Section 1: Legislative Intent

Section 2: Amends the executive law by establishing an independent fatality review board to investigated deaths appearing to result from incident (s) of domestic violence.

Investigations may commence after the completion of court proceedings involving the alleged perpetrator.

For instances where the board reasonably believes that the alleged perpetrator is unapprehended investigations may commence six months after the death of the victim.

The investigation may commence immediately if the board reasonably believes that the perpetrator is deceased.

The Board shall consist of thirteen experts with broad experience, including representatives of battered womens' and crime victims groups, appointed by the Governor, Chief Judge, Office for the prevention of Domestic violence, Temporary president of the Senate and Speaker of the Assembly.

Members of the board shall be appointed for a term of four years, shall not be compensated, but shall be allowed their actual and necessary expenses incurred in the performance of their duties.

The board shall study cases and make recommendations. The experts would review the circumstances surrounding the fatalities and the case histories of the complainants.

The Board shall assess the response of the criminal justice system and the activities and response of other agencies or entities that may have been involved in or associated with the case history. The board shall have the authority to recommend, based upon case findings, appropriate corrective actions to improve the management, supervision and service delivery of these agencies.

The board will also perform a research and reporting function and identify areas requiring new preventive and protective strategies or guidelines or legislative changes.

Justification

The U.S. Surgeon General and the American Medical Association have declared domestic violence as the #1 health problem for women. Domestic violence is the leading cause of injury to women, resulting in more injuries than auto accidents, muggings and rapes combined. Over 20% of hospital emergency room visits by women are due to domestic violence. On average, there is a report of domestic violence to a law enforcement agency every 15 seconds. Domestic violence accounts for 52% of adult female homicide victims and one third of teenage girl homicide victims. According to the FBI, four women a week are killed as a result of domestic violence. Every year 2,000 to 4,000 women are killed as a result of domestic violence and 3 to 6 million are injured. In New York State, about 200 women are killed each year by a male partner and an untold number of others commit suicide as a means of escape. Many of these victims have had contact with the legal system. Their cases hold valuable information on where weaknesses lie within this system. The Fatality Review Board would examine the cases of domestic violence fatalities to identify where the system or process could be improved to prevent further tragedies.

The Board would draw on the knowledge of individuals from diverse fields. Information gathered by the Board and any resulting recommendations to address any and all shortcomings would be shared among appropriate representatives of the courts, medicine, social services, law enforcement, criminal justice and other policy makers who might benefit from this insight. An annual report would be compiled for the Governor, the Legislature, the Office of Court Administration, the Division of State Police and the State Office for the Prevention of Domestic Violence detailing the findings and recommendations. The National Council of Juvenile and Family Court Judges in their work, "State-of-the-Art Court Programs," called for the creation of such review panels. Additionally, Fatality Review Boards have been implemented in several jurisdictions/states including Hawaii, Nevada, and California. Furthermore, the Board is modeled after "child fatality review panels or teams" that have been organized in various jurisdictions across the country including New York City in the child welfare field.

Fiscal implications for state and local governments

There will be a minor fiscal impact to localities for providing copies of records, and a small cost to the state for the expenses of Board members.

Effective date

Thirty days after it shall have become a law.