Bill Text: NY A09511 | 2017-2018 | General Assembly | Amended


Bill Title: Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B); establishes the maternal mortality review board which shall review maternal deaths to assess the cause and factors leading to such deaths (Part C); relates to appointees to the state board for medicine, requiring one to be an expert on reducing health disparities among demographic subgroups, and one to be an expert on women's health (Part D); relates to the possession of weapons by domestic violence offenders (Part E); establishes the new crimes of sexual extortion in the first, second and third degrees; grants concurrent jurisdiction to family court and criminal courts (Part F); extends the time of storage of forensic rape kits by hospitals to not less than the longer of five years or the date the alleged sexual offense victim reaches the age of nineteen and repeals certain provisions relating thereto (Part G); expands the scope of unlawful discriminatory practices to include public educational institutions (Part H); enacts comprehensive sexual harassment policies for New York state, including, requiring contractors that do business with the state to annually report the number of sexual harassment violations, prohibiting mandatory arbitration clauses based upon sexual harassment, individual liability for sexual harassment, prohibiting entering into confidential settlements, establishing a unit to receive and investigate sexual harassment claims, and enacting uniform standards for sexual harassment policies for all branches of state and local governments (Part I); creates a work group to create a report on computer science education standards (Part J); relates to the creation of the "Be Aware, Be Informed" awareness, prevention and education program (Part K); provides free feminine hygiene products in the restrooms of public schools for grades six through twelve (Part L); and relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part M).

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-02-16 - print number 9511a [A09511 Detail]

Download: New_York-2017-A09511-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 7511--A                                            A. 9511--A
                SENATE - ASSEMBLY
                                    January 18, 2018
                                       ___________
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the insurance law, the social services law, the educa-
          tion law and the public health law, in relation  to  requiring  health
          insurance  policies to include coverage of all FDA-approved contracep-
          tive drugs, devices, and products, as well as voluntary  sterilization
          procedures, contraceptive education and counseling, and related follow
          up  services  and  prohibiting a health insurance policy from imposing
          any cost-sharing requirements or other  restrictions  or  delays  with
          respect  to this coverage (Part A); to amend the penal law, the crimi-
          nal procedure law, the county law and the judiciary law,  in  relation
          to  abortion;  to  repeal  certain provisions of the public health law
          relating to abortion; to repeal certain provisions  of  the  education
          law  relating  to  the  sale  of contraceptives; and to repeal certain
          provisions of the penal law relating to abortion (Part  B);  to  amend
          the  public health law, in relation to establishing a maternal mortal-
          ity review board (Part C); to amend the education law, in relation  to
          appointees  to  the  state  board  for medicine (Part D); to amend the
          penal  law  and  the  criminal  procedure  law,  in  relation  to  the
          possession  of  weapons  by domestic violence offenders; and to repeal
          section 530.14 of the criminal procedure law and section 842-a of  the
          family court act relating thereto (Part E); to amend the penal law, in
          relation  to  establishing  the  new crimes of sexual extortion in the
          first, second and third degrees; to amend the family court act and the
          criminal procedure law, in relation to adding unlawful publication  of
          sexual  images and sexual extortion as crimes over which family courts
          and criminal courts have concurrent jurisdiction  in  certain  circum-
          stances;  to  amend the penal law, in relation to establishing the new
          crime of unlawful publication of  sexual  images;  and  to  amend  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12676-03-8

        S. 7511--A                          2                         A. 9511--A
          correction  law,  in  relation  to  the  definition  of  the term "sex
          offense" (Part F); to amend the public  health  law,  in  relation  to
          extending  the time of storage of forensic rape kits by hospitals; and
          repealing certain provisions of such law relating thereto (Part G); to
          amend  the executive law, in relation to expanding the scope of unlaw-
          ful discriminatory practices  to  include  public  educational  insti-
          tutions  (Part  H);  to  amend  the  state finance law, in relation to
          requiring contractors that do business  with  the  state  to  annually
          report  the  number  of  sexual  harassment violations (Subpart A); to
          amend the general business law, in relation  to  discrimination  based
          upon sexual harassment (Subpart B); to amend the executive law and the
          public  officers  law,  in relation to individual liability for sexual
          harassment (Subpart C); to amend the executive  law  and  the  general
          municipal law, in relation to the entering of confidential settlements
          (Subpart  D);  to amend the public officers law and the executive law,
          in relation to sexual harassment violations and establishing a unit to
          receive and investigate such claims (Subpart  E);  and  to  amend  the
          executive  law,  the  legislative  law, the judiciary law, the general
          municipal law and the public authorities law, in relation  to  uniform
          standards  for sexual harassment polices for all branches of state and
          local governments (Subpart F) (Part I); relating to  the  creation  of
          computer  science education standards (Part J); to amend the education
          law, in relation to the creation of the "Be Aware, Be Informed" aware-
          ness, prevention and education program (Part K); to amend  the  public
          health  law,  in  relation  to  providing feminine hygiene products in
          public schools (Part L); and to amend the executive law,  in  relation
          to  standards  requiring  assembly  group A occupancies and mercantile
          group M occupancies to have diaper changing stations available for use
          by both male and female occupants (Part M)
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act enacts into law major components of legislation
     2  relating to the Women's Agenda. Each component is wholly contained with-
     3  in a Part identified as Parts A through M. The effective date  for  each
     4  particular provision contained within such Part is set forth in the last
     5  section  of  such  Part. Any provision in any section contained within a
     6  Part, including the effective date of the Part, which makes a  reference
     7  to a section "of this act", when used in connection with that particular
     8  component,  shall  be  deemed  to  mean  and  refer to the corresponding
     9  section of the Part in which it is found. Section three of this act sets
    10  forth the general effective date of this act.
    11                                   PART A
    12    Section 1. Paragraph 16 of subsection  (l)  of  section  3221  of  the
    13  insurance  law,  as added by chapter 554 of the laws of 2002, is amended
    14  to read as follows:
    15    (16) (A) Every group or blanket policy [which  provides  coverage  for
    16  prescription  drugs shall include coverage for the cost of contraceptive
    17  drugs or devices approved by the federal food and drug administration or
    18  generic equivalents approved as substitutes by such food and drug admin-
    19  istration under the prescription  of  a  health  care  provider  legally
    20  authorized  to  prescribe  under  title  eight of the education law. The

        S. 7511--A                          3                         A. 9511--A

     1  coverage required by this section shall  be  included  in  policies  and
     2  certificates only through the addition of a rider.
     3    (A)]  that  is  issued, amended, renewed, effective or delivered on or
     4  after January first, two thousand nineteen, shall provide  coverage  for
     5  all of the following services and contraceptive methods:
     6    (1) All FDA-approved contraceptive drugs, devices, and other products.
     7  This  includes  all  FDA-approved  over-the-counter contraceptive drugs,
     8  devices, and products as prescribed or  as  otherwise  authorized  under
     9  state or federal law. The following applies to this coverage:
    10    (a)  where the FDA has approved one or more therapeutic and pharmaceu-
    11  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
    12  drug,  device,  or product, a group or blanket policy is not required to
    13  include all such therapeutic and pharmaceutical equivalent  versions  in
    14  its  formulary,  so long as at least one is included and covered without
    15  cost-sharing and in accordance with this paragraph;
    16    (b) if the covered therapeutic and pharmaceutical equivalent  versions
    17  of  a drug, device, or product are not available or are deemed medically
    18  inadvisable a group or blanket policy  shall  provide  coverage  for  an
    19  alternate  therapeutic  and  pharmaceutical  equivalent  version  of the
    20  contraceptive drug, device, or product without cost-sharing;
    21    (c) this coverage shall include emergency contraception without  cost-
    22  sharing  when provided pursuant to an ordinary prescription, non-patient
    23  specific regimen order, or order under section sixty-eight hundred thir-
    24  ty-one of the education  law  and  when  lawfully  provided  other  than
    25  through a prescription or order; and
    26    (d) this coverage must allow for the dispensing of twelve months worth
    27  of a contraceptive at one time;
    28    (2) Voluntary sterilization procedures;
    29    (3) Patient education and counseling on contraception; and
    30    (4)  Follow-up  services  related to the drugs, devices, products, and
    31  procedures covered under this paragraph, including, but not limited  to,
    32  management  of  side  effects,  counseling  for continued adherence, and
    33  device insertion and removal.
    34    (B) A group or blanket policy subject  to  this  paragraph  shall  not
    35  impose  a  deductible, coinsurance, copayment, or any other cost-sharing
    36  requirement on the coverage provided pursuant to this paragraph.
    37    (C) Except as otherwise authorized under this paragraph,  a  group  or
    38  blanket policy shall not impose any restrictions or delays on the cover-
    39  age required under this paragraph.
    40    (D)  Benefits  for  an enrollee under this paragraph shall be the same
    41  for an  enrollee's  covered  spouse  or  domestic  partner  and  covered
    42  nonspouse dependents.
    43    (E)  Notwithstanding  any  other provision of this subsection, a reli-
    44  gious employer may request a contract without coverage for federal  food
    45  and drug administration approved contraceptive methods that are contrary
    46  to  the  religious  employer's  religious  tenets. If so requested, such
    47  contract shall be provided without coverage for  contraceptive  methods.
    48  This  paragraph  shall not be construed to deny an enrollee coverage of,
    49  and timely access to, contraceptive methods.
    50    (1) For purposes of this subsection,  a  "religious  employer"  is  an
    51  entity for which each of the following is true:
    52    (a) The inculcation of religious values is the purpose of the entity.
    53    (b)  The  entity  primarily  employs  persons  who share the religious
    54  tenets of the entity.
    55    (c) The entity serves primarily persons who share the religious tenets
    56  of the entity.

        S. 7511--A                          4                         A. 9511--A
     1    (d) The entity is a nonprofit organization  as  described  in  Section
     2  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
     3    (2) Every religious employer that invokes the exemption provided under
     4  this  paragraph  shall  provide  written notice to prospective enrollees
     5  prior to enrollment with the plan, listing the contraceptive health care
     6  services the employer refuses to cover for religious reasons.
     7    [(B) (i)] (F) (1) Where a group policyholder makes an election not  to
     8  purchase  coverage for contraceptive drugs or devices in accordance with
     9  subparagraph [(A)] (E) of this paragraph each certificateholder  covered
    10  under  the policy issued to that group policyholder shall have the right
    11  to directly purchase the rider  required  by  this  paragraph  from  the
    12  insurer  which  issued  the  group  policy at the prevailing small group
    13  community rate for such rider whether or not the employee is part  of  a
    14  small group.
    15    [(ii)]  (2)  Where  a  group  policyholder  makes  an  election not to
    16  purchase coverage for contraceptive drugs or devices in accordance  with
    17  subparagraph [(A)] (E) of this paragraph, the insurer that provides such
    18  coverage shall provide written notice to certificateholders upon enroll-
    19  ment  with  the  insurer of their right to directly purchase a rider for
    20  coverage for the cost of contraceptive  drugs  or  devices.  The  notice
    21  shall  also  advise the certificateholders of the additional premium for
    22  such coverage.
    23    [(C)] (G) Nothing in this paragraph shall be construed as  authorizing
    24  a group or blanket policy which provides coverage for prescription drugs
    25  to  exclude coverage for prescription drugs prescribed for reasons other
    26  than contraceptive purposes.
    27    [(D) Such coverage may be subject to reasonable annual deductibles and
    28  coinsurance as may be deemed appropriate by the  superintendent  and  as
    29  are consistent with those established for other drugs or devices covered
    30  under the policy.]
    31    § 2. Subsection (cc) of section 4303 of the insurance law, as added by
    32  chapter 554 of the laws of 2002, is amended to read as follows:
    33    (cc)  (1)  Every  contract  [which  provides coverage for prescription
    34  drugs shall include coverage for the  cost  of  contraceptive  drugs  or
    35  devices  approved by the federal food and drug administration or generic
    36  equivalents approved as substitutes by such food and drug administration
    37  under the prescription of a health care provider legally  authorized  to
    38  prescribe  under title eight of the education law. The coverage required
    39  by this section shall be included in  contracts  and  certificates  only
    40  through the addition of a rider.
    41    (1)]  that  is  issued, amended, renewed, effective or delivered on or
    42  after January first, two thousand nineteen, shall provide  coverage  for
    43  all of the following services and contraceptive methods:
    44    (A) All FDA-approved contraceptive drugs, devices, and other products.
    45  This  includes  all  FDA-approved  over-the-counter contraceptive drugs,
    46  devices, and products as prescribed or  as  otherwise  authorized  under
    47  state or federal law.  The following applies to this coverage:
    48    (i)  where the FDA has approved one or more therapeutic and pharmaceu-
    49  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
    50  drug, device, or product, a contract is not required to include all such
    51  therapeutic  and pharmaceutical equivalent versions in its formulary, so
    52  long as at least one is included and covered without cost-sharing and in
    53  accordance with this subsection;
    54    (ii) if the covered therapeutic and pharmaceutical equivalent versions
    55  of a drug, device, or product are not available or are deemed  medically
    56  inadvisable a contract shall provide coverage for an alternate therapeu-

        S. 7511--A                          5                         A. 9511--A
     1  tic  and  pharmaceutical  equivalent  version of the contraceptive drug,
     2  device, or product without cost-sharing;
     3    (iii)  this  coverage  shall  include  emergency contraception without
     4  cost-sharing when provided pursuant to an ordinary prescription, non-pa-
     5  tient specific regimen order, or order under section sixty-eight hundred
     6  thirty-one of the education law and when lawfully  provided  other  than
     7  through a prescription or order; and
     8    (iv)  this  coverage  must  allow  for the dispensing of twelve months
     9  worth of a contraceptive at one time;
    10    (B) Voluntary sterilization procedures;
    11    (C) Patient education and counseling on contraception; and
    12    (D) Follow-up services related to the drugs,  devices,  products,  and
    13  procedures covered under this subsection, including, but not limited to,
    14  management  of  side  effects,  counseling  for continued adherence, and
    15  device insertion and removal.
    16    (2) A contract subject to this subsection shall not impose  a  deduct-
    17  ible,  coinsurance,  copayment, or any other cost-sharing requirement on
    18  the coverage provided pursuant to this subsection.
    19    (3) Except as otherwise authorized under this subsection,  a  contract
    20  shall  not  impose  any  restrictions or delays on the coverage required
    21  under this subsection.
    22    (4) Benefits for an enrollee under this subsection shall be  the  same
    23  for  an  enrollee's  covered  spouse  or  domestic  partner  and covered
    24  nonspouse dependents.
    25    (5) Notwithstanding any other provision of this  subsection,  a  reli-
    26  gious  employer may request a contract without coverage for federal food
    27  and drug administration approved contraceptive methods that are contrary
    28  to the religious employer's religious  tenets.  If  so  requested,  such
    29  contract  shall  be provided without coverage for contraceptive methods.
    30  This paragraph shall not be construed to deny an enrollee  coverage  of,
    31  and timely access to, contraceptive methods.
    32    (A)  For  purposes  of  this  subsection, a "religious employer" is an
    33  entity for which each of the following is true:
    34    (i) The inculcation of religious values is the purpose of the entity.
    35    (ii) The entity primarily employs  persons  who  share  the  religious
    36  tenets of the entity.
    37    (iii)  The  entity  serves  primarily  persons who share the religious
    38  tenets of the entity.
    39    (iv) The entity is a nonprofit organization as  described  in  Section
    40  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    41    (B) Every religious employer that invokes the exemption provided under
    42  this  paragraph  shall  provide  written notice to prospective enrollees
    43  prior to enrollment with the plan, listing the contraceptive health care
    44  services the employer refuses to cover for religious reasons.
    45    [(2)](6) (A) Where a group contractholder makes  an  election  not  to
    46  purchase  coverage for contraceptive drugs or devices in accordance with
    47  paragraph [one] five of this subsection, each enrollee covered under the
    48  contract issued to that group contractholder shall  have  the  right  to
    49  directly purchase the rider required by this subsection from the insurer
    50  or  health  maintenance  organization which issued the group contract at
    51  the prevailing small group community rate for such rider whether or  not
    52  the employee is part of a small group.
    53    (B)  Where  a  group  contractholder makes an election not to purchase
    54  coverage for contraceptive drugs or devices in accordance with paragraph
    55  [one] five of this subsection, the insurer or health maintenance  organ-
    56  ization  that  provides  such  coverage  shall provide written notice to

        S. 7511--A                          6                         A. 9511--A
     1  enrollees upon enrollment with the insurer or health maintenance  organ-
     2  ization of their right to directly purchase a rider for coverage for the
     3  cost of contraceptive drugs or devices. The notice shall also advise the
     4  enrollees of the additional premium for such coverage.
     5    [(3)](7)  Nothing in this subsection shall be construed as authorizing
     6  a contract which provides coverage for  prescription  drugs  to  exclude
     7  coverage  for  prescription  drugs  prescribed  for  reasons  other than
     8  contraceptive purposes.
     9    [(4) Such coverage may be subject to reasonable annual deductibles and
    10  coinsurance as may be deemed appropriate by the  superintendent  and  as
    11  are consistent with those established for other drugs or devices covered
    12  under the policy.]
    13    §  3.  Subparagraph  (E)  of paragraph 17 of subsection (i) of section
    14  3216 of the insurance law is amended by adding a new clause (v) to  read
    15  as follows:
    16    (v) all FDA-approved contraceptive drugs, devices, and other products,
    17  including   all   over-the-counter  contraceptive  drugs,  devices,  and
    18  products as prescribed or as otherwise authorized under state or federal
    19  law; voluntary sterilization procedures;  patient  education  and  coun-
    20  seling  on  contraception;  and follow-up services related to the drugs,
    21  devices, products, and procedures covered under this clause,  including,
    22  but not limited to, management of side effects, counseling for continued
    23  adherence, and device insertion and removal. Except as otherwise author-
    24  ized  under this clause, a contract shall not impose any restrictions or
    25  delays on the coverage required under this clause.  However,  where  the
    26  FDA  has approved one or more therapeutic and pharmaceutical equivalent,
    27  as defined by the FDA, versions of  a  contraceptive  drug,  device,  or
    28  product,  a contract is not required to include all such therapeutic and
    29  pharmaceutical equivalent versions in its formulary, so long as at least
    30  one is included and covered without cost-sharing and in accordance  with
    31  this  clause.  If  the covered therapeutic and pharmaceutical equivalent
    32  versions of a drug, device, or product are not available or  are  deemed
    33  medically inadvisable a contract shall provide coverage for an alternate
    34  therapeutic  and  pharmaceutical equivalent version of the contraceptive
    35  drug, device, or  product  without  cost-sharing.  This  coverage  shall
    36  include  emergency  contraception  without  cost-sharing  when  provided
    37  pursuant to  an  ordinary  prescription,  non-patient  specific  regimen
    38  order,  or  order  under  section  sixty-eight hundred thirty-one of the
    39  education  law  and  when  lawfully  provided  other  than   through   a
    40  prescription  or  order; and this coverage must allow for the dispensing
    41  of twelve months worth of a contraceptive at one time.
    42    § 4. Paragraph (d) of subdivision 3 of section  365-a  of  the  social
    43  services  law,  as  amended  by  chapter  909 of the laws of 1974 and as
    44  relettered by chapter 82 of the laws of 1995,  is  amended  to  read  as
    45  follows:
    46    (d)  family  planning  services  and  supplies for eligible persons of
    47  childbearing age, including children under twenty-one years of  age  who
    48  can  be  considered  sexually  active,  who  desire  such  services  and
    49  supplies, in accordance with the requirements of federal law  and  regu-
    50  lations  and the regulations of the department. Coverage of prescription
    51  contraceptives, excluding emergency  contraception,  shall  include  the
    52  dispensing  of  a  twelve-month supply at one time.  Notwithstanding any
    53  inconsistent provision of law, the provision of a twelve-month supply of
    54  contraceptives under the Medicaid program shall not apply  to  emergency
    55  contraception.  A prescription for contraceptives, with the exception of
    56  a prescription for emergency contraception, may be filled  twelve  times

        S. 7511--A                          7                         A. 9511--A
     1  within one year from the date the prescriber initiated the prescription.
     2  No  person  shall  be  compelled  or  coerced to accept such services or
     3  supplies.
     4    §  5.  Subdivision 6 of section 6527 of the education law, as added by
     5  chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
     6  of the laws of 2015, paragraph (d) as added by chapter 429 of  the  laws
     7  of  2005,  paragraph  (e)  as  added by chapter 352 of the laws of 2014,
     8  paragraph (f) as added by section 6 of part V of chapter 57 of the  laws
     9  of  2015  and paragraph (g) as added by chapter 502 of the laws of 2016,
    10  is amended to read as follows:
    11    6. A licensed physician may prescribe and order a non-patient specific
    12  regimen [to a registered professional nurse],  pursuant  to  regulations
    13  promulgated  by  the commissioner, and consistent with the public health
    14  law, [for] to:
    15    (a) a registered professional nurse for:
    16    (i) administering immunizations[.];
    17    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    18    [(c)] (iii) administering purified protein derivative (PPD)  tests  or
    19  other tests to detect or screen for tuberculosis infections[.];
    20    [(d)]  (iv) administering tests to determine the presence of the human
    21  immunodeficiency virus[.];
    22    [(e)] (v) administering tests to determine the presence of the hepati-
    23  tis C virus[.];
    24    [(f)] (vi) emergency contraception, to be administered to or dispensed
    25  to be  self-administered  by  the  patient,  under  section  sixty-eight
    26  hundred thirty-two of this title;
    27    (vii)  the urgent or emergency treatment of opioid related overdose or
    28  suspected opioid related overdose[.]; or
    29    [(g)] (viii) screening of  persons  at  increased  risk  of  syphilis,
    30  gonorrhea and chlamydia.
    31    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    32  be self-administered by the patient, under section  sixty-eight  hundred
    33  thirty-two of this title.
    34    §  6.  Subdivision 3 of section 6807 of the education law, as added by
    35  chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
    36  added to read as follows:
    37    3. A pharmacist may dispense drugs and devices to a registered profes-
    38  sional nurse, and a registered professional nurse may possess and admin-
    39  ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
    40  prescribed or ordered by  a  licensed  physician,  licensed  midwife  or
    41  certified nurse practitioner, pursuant to regulations promulgated by the
    42  commissioner and the public health law.
    43    4.  A  pharmacist may dispense a non-patient specific regimen of emer-
    44  gency contraception, to be self-administered by the patient,  prescribed
    45  or  ordered  by  a  licensed physician, certified nurse practitioner, or
    46  licensed midwife, under section sixty-eight hundred thirty-two  of  this
    47  article.
    48    § 7. The education law is amended by adding a new section 6832 to read
    49  as follows:
    50    §  6832. Emergency contraception; non-patient specific prescription or
    51  order. 1. As used in this section, the following terms  shall  have  the
    52  following meanings, unless the context requires otherwise:
    53    (a)  "Emergency  contraception"  means  one  or  more  prescription or
    54  nonprescription drugs, used separately or in combination,  in  a  dosage
    55  and  manner  for preventing pregnancy when used after intercourse, found

        S. 7511--A                          8                         A. 9511--A
     1  safe and effective for that use by  the  United  States  food  and  drug
     2  administration, and dispensed or administered for that purpose.
     3    (b)  "Prescriber"  means a licensed physician, certified nurse practi-
     4  tioner or licensed midwife.
     5    2. This section applies to the administering or dispensing of emergen-
     6  cy contraception by a registered professional nurse or the dispensing of
     7  emergency  contraception  by  a  licensed  pharmacist  pursuant   to   a
     8  prescription or order for a non-patient specific regimen made by a pres-
     9  criber under section sixty-five hundred twenty-seven, sixty-nine hundred
    10  nine  or  sixty-nine  hundred fifty-one of this title. This section does
    11  not apply to administering or dispensing  emergency  contraception  when
    12  lawfully done without such a prescription or order.
    13    3.  The  administering  or  dispensing of emergency contraception by a
    14  registered professional nurse or the dispensing of emergency  contracep-
    15  tion  by  a licensed pharmacist shall be done in accordance with profes-
    16  sional standards of practice and in accordance with  written  procedures
    17  and protocols agreed to by the registered professional nurse or licensed
    18  pharmacist  and  the  prescriber  or  a hospital (licensed under article
    19  twenty-eight of the public health law) that  provides  gynecological  or
    20  family planning services.
    21    4.  (a) When emergency contraception is administered or dispensed, the
    22  registered professional nurse or licensed pharmacist  shall  provide  to
    23  the  patient  written material that includes: (i) the clinical consider-
    24  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    25  method  for  using  the  drug;  (iii)  information  on the importance of
    26  follow-up health care; (iv) information on the health  risks  and  other
    27  dangers  of unprotected intercourse; and (v) referral information relat-
    28  ing to health care and services relating to sexual  abuse  and  domestic
    29  violence.
    30    (b)  Such  written  material  shall  be  developed  or approved by the
    31  commissioner in consultation with the department of health and the Amer-
    32  ican college of obstetricians and gynecologists.
    33    § 8. Subdivision 4 of section 6909 of the education law, as  added  by
    34  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    35  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    36  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    37  paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
    38  as added by section 5 of part V of chapter 57 of the laws  of  2015  and
    39  paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
    40  read as follows:
    41    4.  A  certified  nurse practitioner may prescribe and order a non-pa-
    42  tient specific regimen [to a registered professional nurse], pursuant to
    43  regulations promulgated by the commissioner, consistent with subdivision
    44  three of section [six thousand nine]  sixty-nine  hundred  two  of  this
    45  article, and consistent with the public health law, for:
    46    (a) a registered professional nurse for:
    47    (i) administering immunizations[.];
    48    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    49    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    50  other tests to detect or screen for tuberculosis infections[.];
    51    [(d)] (iv) administering tests to determine the presence of the  human
    52  immunodeficiency virus[.];
    53    [(e)] (v) administering tests to determine the presence of the hepati-
    54  tis C virus[.];

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     1    [(f)] (vi) emergency contraception, to be administered to or dispensed
     2  to  be  self-administered  by  the  patient,  under  section sixty-eight
     3  hundred thirty-two of this title;
     4    (vii)  the urgent or emergency treatment of opioid related overdose or
     5  suspected opioid related overdose[.]; or
     6    [(g)] (viii) screening of persons  at  increased  risk  for  syphilis,
     7  gonorrhea and chlamydia.
     8    (b)  a licensed pharmacist, for dispensing emergency contraception, to
     9  be self-administered by the patient, under section  sixty-eight  hundred
    10  thirty-two of this title.
    11    §  9.  Subdivision 5 of section 6909 of the education law, as added by
    12  chapter 573 of the laws of 1999, is amended to read as follows:
    13    5. A registered professional nurse may execute a non-patient  specific
    14  regimen  prescribed or ordered by a licensed physician, licensed midwife
    15  or certified nurse practitioner, pursuant to regulations promulgated  by
    16  the commissioner.
    17    §  10.  Section  6951  of the education law is amended by adding a new
    18  subdivision 4 to read as follows:
    19    4. A licensed midwife may prescribe and order a  non-patient  specific
    20  regimen   pursuant  to  regulations  promulgated  by  the  commissioner,
    21  consistent with this section and the public health law, to:
    22    (a) a registered professional nurse for emergency contraception, to be
    23  administered to or dispensed to be  self-administered  by  the  patient,
    24  under section sixty-eight hundred thirty-two of this title; or
    25    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    26  be self-administered by the patient, under section  sixty-eight  hundred
    27  thirty-two of this title.
    28    § 11. Subdivision 1 of section 207 of the public health law is amended
    29  by adding a new paragraph (o) to read as follows:
    30    (o)  Emergency  contraception, including information about its safety,
    31  efficacy, appropriate use and availability.
    32    § 12. This act shall  take  effect  January  1,  2019;  provided  that
    33  section  five  of  this act shall take effect January 1, 2020; provided,
    34  however, that effective  immediately,  the  addition,  amendment  and/or
    35  repeal  of  any  rule  or regulation necessary for the implementation of
    36  this act on its effective date are authorized and directed  to  be  made
    37  and  completed by the commissioner of education and the board of regents
    38  on or before such effective date.
    39                                   PART B
    40    Section 1.  Section 4164 of the public health law is REPEALED.
    41    § 2. Subdivision 8 of section 6811 of the education law is REPEALED.
    42    § 3. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of  the  penal
    43  law  are  REPEALED,  and the article heading of article 125 of the penal
    44  law is amended to read as follows:
    45                   HOMICIDE[, ABORTION] AND RELATED OFFENSES
    46    § 4. Section 125.00 of the penal law is amended to read as follows:
    47  § 125.00 Homicide defined.
    48    Homicide means conduct which causes the  death  of  a  person  [or  an
    49  unborn  child  with which a female has been pregnant for more than twen-
    50  ty-four weeks] under circumstances constituting murder, manslaughter  in
    51  the  first  degree,  manslaughter  in  the  second degree, or criminally
    52  negligent homicide[, abortion in the first degree  or  self-abortion  in
    53  the first degree].

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     1    §  5.  The  section  heading,  opening  paragraph and subdivision 1 of
     2  section 125.05 of the penal law are amended to read as follows:
     3    Homicide[,  abortion]  and  related  offenses;  [definitions of terms]
     4  definition.
     5    The following [definitions are] definition is applicable to this arti-
     6  cle:
     7    [1.] "Person," when referring to the victim of  a  homicide,  means  a
     8  human being who has been born and is alive.
     9    §  6.  Subdivisions  2  and  3  of section 125.05 of the penal law are
    10  REPEALED.
    11    § 7. Subdivision 2 of section 125.15 of the penal law is REPEALED.
    12    § 8. Subdivision 3 of section 125.20 of the penal law is REPEALED.
    13    § 9. Paragraph (b) of subdivision 8 of section 700.05 of the  criminal
    14  procedure law, as amended by chapter 368 of the laws of 2015, is amended
    15  to read as follows:
    16    (b)  Any  of  the  following felonies: assault in the second degree as
    17  defined in section 120.05 of the penal law, assault in the first  degree
    18  as  defined in section 120.10 of the penal law, reckless endangerment in
    19  the first degree as defined in section 120.25 of the penal law,  promot-
    20  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    21  strangulation in the second degree as defined in section 121.12  of  the
    22  penal  law,  strangulation  in  the  first  degree as defined in section
    23  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    24  section  125.10  of  the penal law, manslaughter in the second degree as
    25  defined in section 125.15 of the penal law, manslaughter  in  the  first
    26  degree  as  defined  in  section  125.20 of the penal law, murder in the
    27  second degree as defined in section 125.25 of the penal law,  murder  in
    28  the  first  degree  as  defined  in  section  125.27  of  the penal law,
    29  [abortion in the second degree as defined in section 125.40 of the penal
    30  law, abortion in the first degree as defined in section  125.45  of  the
    31  penal law,] rape in the third degree as defined in section 130.25 of the
    32  penal law, rape in the second degree as defined in section 130.30 of the
    33  penal  law, rape in the first degree as defined in section 130.35 of the
    34  penal law, criminal sexual act in the third degree as defined in section
    35  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    36  defined  in  section 130.45 of the penal law, criminal sexual act in the
    37  first degree as defined in section 130.50 of the penal law, sexual abuse
    38  in the first degree as defined in  section  130.65  of  the  penal  law,
    39  unlawful  imprisonment  in the first degree as defined in section 135.10
    40  of the penal law, kidnapping in the second degree as defined in  section
    41  135.20  of  the  penal law, kidnapping in the first degree as defined in
    42  section 135.25 of the penal law, labor trafficking as defined in section
    43  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    44  section  135.37  of  the  penal law, custodial interference in the first
    45  degree as defined in section 135.50 of the penal law,  coercion  in  the
    46  first  degree  as  defined  in section 135.65 of the penal law, criminal
    47  trespass in the first degree as defined in section 140.17 of  the  penal
    48  law,  burglary  in  the third degree as defined in section 140.20 of the
    49  penal law, burglary in the second degree as defined in section 140.25 of
    50  the penal law, burglary in the first degree as defined in section 140.30
    51  of the penal law, criminal mischief in the third degree  as  defined  in
    52  section  145.05 of the penal law, criminal mischief in the second degree
    53  as defined in section 145.10 of the penal law, criminal mischief in  the
    54  first  degree  as  defined  in section 145.12 of the penal law, criminal
    55  tampering in the first degree as defined in section 145.20 of the  penal
    56  law,  arson  in  the  fourth  degree as defined in section 150.05 of the

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     1  penal law, arson in the third degree as defined in section 150.10 of the
     2  penal law, arson in the second degree as defined in  section  150.15  of
     3  the penal law, arson in the first degree as defined in section 150.20 of
     4  the  penal law, grand larceny in the fourth degree as defined in section
     5  155.30 of the penal law, grand larceny in the third degree as defined in
     6  section 155.35 of the penal law, grand larceny in the second  degree  as
     7  defined  in  section 155.40 of the penal law, grand larceny in the first
     8  degree as defined in section 155.42 of the penal law, health care  fraud
     9  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    10  health care fraud in the third degree as defined in  section  177.15  of
    11  the  penal  law,  health  care  fraud in the second degree as defined in
    12  section 177.20 of the penal law, health care fraud in the  first  degree
    13  as  defined  in  section  177.25  of the penal law, robbery in the third
    14  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    15  second  degree as defined in section 160.10 of the penal law, robbery in
    16  the first degree as defined in section 160.15 of the penal law, unlawful
    17  use of secret scientific material as defined in section  165.07  of  the
    18  penal  law,  criminal possession of stolen property in the fourth degree
    19  as defined in section 165.45 of the penal law,  criminal  possession  of
    20  stolen  property in the third degree as defined in section 165.50 of the
    21  penal law, criminal possession of stolen property in the  second  degree
    22  as  defined  by  section 165.52 of the penal law, criminal possession of
    23  stolen property in the first degree as defined by section 165.54 of  the
    24  penal  law,  trademark counterfeiting in the second degree as defined in
    25  section 165.72 of the penal law, trademark counterfeiting in  the  first
    26  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    27  second degree as defined in section 170.10 of the penal law, forgery  in
    28  the first degree as defined in section 170.15 of the penal law, criminal
    29  possession  of  a  forged  instrument in the second degree as defined in
    30  section 170.25 of the penal law, criminal possession of a forged instru-
    31  ment in the first degree as defined in section 170.30 of the penal  law,
    32  criminal  possession  of forgery devices as defined in section 170.40 of
    33  the penal law, falsifying  business  records  in  the  first  degree  as
    34  defined  in  section  175.10  of  the  penal  law, tampering with public
    35  records in the first degree as defined in section 175.25  of  the  penal
    36  law,  offering  a  false  instrument  for  filing in the first degree as
    37  defined in section 175.35 of the penal law, issuing a false  certificate
    38  as  defined  in  section  175.40 of the penal law, criminal diversion of
    39  prescription medications and  prescriptions  in  the  second  degree  as
    40  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    41  prescription medications  and  prescriptions  in  the  first  degree  as
    42  defined  in  section 178.25 of the penal law, residential mortgage fraud
    43  in the fourth degree as defined in section  187.10  of  the  penal  law,
    44  residential  mortgage  fraud  in  the third degree as defined in section
    45  187.15 of the penal law, residential mortgage fraud in the second degree
    46  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    47  fraud in the first degree as defined in section 187.25 of the penal law,
    48  escape  in  the  second degree as defined in section 205.10 of the penal
    49  law, escape in the first degree as defined  in  section  205.15  of  the
    50  penal  law,  absconding  from  temporary  release in the first degree as
    51  defined in section 205.17 of the penal law, promoting prison  contraband
    52  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    53  hindering prosecution in the second degree as defined in section  205.60
    54  of  the  penal law, hindering prosecution in the first degree as defined
    55  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    56  section  230.34 of the penal law, criminal possession of a weapon in the

        S. 7511--A                         12                         A. 9511--A
     1  third degree as defined in subdivisions two, three and five  of  section
     2  265.02  of  the penal law, criminal possession of a weapon in the second
     3  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
     4  possession  of a weapon in the first degree as defined in section 265.04
     5  of the penal law, manufacture, transport, disposition and defacement  of
     6  weapons  and dangerous instruments and appliances defined as felonies in
     7  subdivisions one, two, and three of section 265.10  of  the  penal  law,
     8  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
     9  of weapons as defined in subdivision two of section 265.35 of the  penal
    10  law,  relating  to  firearms  and other dangerous weapons, or failure to
    11  disclose the origin of a recording in the first  degree  as  defined  in
    12  section 275.40 of the penal law;
    13    §  10.  Subdivision  1  of  section 673 of the county law, as added by
    14  chapter 545 of the laws of 1965, is amended to read as follows:
    15    1. A coroner or medical examiner has  jurisdiction  and  authority  to
    16  investigate  the death of every person dying within his county, or whose
    17  body is found within the county, which is or appears to be:
    18    (a) A violent death, whether by criminal violence, suicide or  casual-
    19  ty;
    20    (b) A death caused by unlawful act or criminal neglect;
    21    (c) A death occurring in a suspicious, unusual or unexplained manner;
    22    (d) [A death caused by suspected criminal abortion;
    23    (e)] A death while unattended by a physician, so far as can be discov-
    24  ered,  or  where  no  physician  able  to  certify the cause of death as
    25  provided in the public health law and  in  form  as  prescribed  by  the
    26  commissioner of health can be found;
    27    [(f)]  (e)  A death of a person confined in a public institution other
    28  than a hospital, infirmary or nursing home.
    29    § 11. Section 4 of the judiciary law, as amended by chapter 264 of the
    30  laws of 2003, is amended to read as follows:
    31    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    32  within  this  state shall be public, and every citizen may freely attend
    33  the same, except that  in  all  proceedings  and  trials  in  cases  for
    34  divorce,  seduction,  [abortion,]  rape,  assault  with intent to commit
    35  rape, criminal sexual act, bastardy or filiation, the court may, in  its
    36  discretion,  exclude  therefrom  all persons who are not directly inter-
    37  ested therein, excepting jurors, witnesses, and officers of the court.
    38    § 12. This act shall take effect immediately.
    39                                   PART C
    40    Section 1. The public health law is amended by adding  a  new  section
    41  2509 to read as follows:
    42    §  2509.  Maternal  mortality  review board. 1. There is hereby estab-
    43  lished in the department the maternal mortality  review  board  for  the
    44  purpose  of  reviewing maternal deaths, defined as cessation of respira-
    45  tion and circulation for a woman within a year from the end of  pregnan-
    46  cy,  to  assess  the  cause  of  death  and factors leading to death and
    47  preventability for each maternal death reviewed and to  develop  strate-
    48  gies  for  reducing  the  risk  of maternal mortality, and to assess and
    49  review maternal morbidity. The members of the board shall be composed of
    50  multidisciplinary experts in the field of maternal mortality. The  board
    51  shall  be  composed  of  at  least fifteen members, all of whom shall be
    52  appointed by the commissioner. The commissioner may delegate the author-
    53  ity to conduct maternal mortality reviews.
    54    2. The board shall:

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     1    (a) Make recommendations to the commissioner regarding  the  preventa-
     2  bility of each maternal death case by reviewing relevant information for
     3  each case in the state and consulting with experts as needed to evaluate
     4  the information for each death. Such information shall not be subject to
     5  article six of the public officers law.
     6    (b) Keep confidential any information collected under this section and
     7  this information shall be used solely for the purposes of improvement of
     8  the  quality  of  medical  care  of women to prevent maternal mortality.
     9  Access to such information shall be limited to board members as well  as
    10  those authorized by the department. Such information shall not be admis-
    11  sible  as  evidence in any action of any kind in any court or before any
    12  other tribunal, board, agency or person.
    13    (c) Develop recommendations to the commissioner for  areas  of  focus,
    14  including  issues of severe maternal morbidity and racial disparities in
    15  maternal outcomes.
    16    3. The terms of the board members shall be three years from the  start
    17  of  their  appointment.  The  commissioner may choose to reappoint board
    18  members to additional three year terms.
    19    4. A majority of the appointed membership of the board, no  less  than
    20  three, shall constitute a quorum.
    21    5.  When  any  member  of  the board fails to attend three consecutive
    22  regular meetings, unless such absence is for good cause, that membership
    23  may be deemed vacant for purposes of the appointment of a successor.
    24    6. Meetings of the board shall be held at least twice a year  but  may
    25  be  held  more frequently as deemed necessary, subject to request of the
    26  department.
    27    7. Members of the board  shall  be  indemnified  pursuant  to  section
    28  seventeen of the public officers law.
    29    8.  The  commissioner  may request and shall receive upon request from
    30  any  department,  division,  board,  bureau,  commission,  local  health
    31  departments or other agency of the state or political subdivision there-
    32  of or any public authority, as well as hospitals established pursuant to
    33  article twenty-eight of this chapter, birthing facilities, medical exam-
    34  iners,  coroners,  and  any  coroner  physicians  and any other facility
    35  providing services associated with maternal mortality, such information,
    36  including, but not limited to, death records, medical  records,  autopsy
    37  reports,  toxicology  reports, hospital discharge records, birth records
    38  and any other information that  will  help  the  department  under  this
    39  section to properly carry out its functions, powers and duties.
    40    § 2. This act shall take effect immediately.
    41                                   PART D
    42    Section  1.  Section  6523 of the education law, as amended by chapter
    43  364 of the laws of 1991, is amended to read as follows:
    44    § 6523. State board for medicine.  A state board for medicine shall be
    45  appointed by the board of regents on recommendation of the  commissioner
    46  for  the purpose of assisting the board of regents and the department on
    47  matters of professional licensing in accordance with section  sixty-five
    48  hundred  eight  of  this  title. The board shall be composed of not less
    49  than twenty physicians licensed in this state for at least  five  years,
    50  two  of  whom shall be doctors of osteopathy. At least one of the physi-
    51  cian appointees to the state board for medicine shall be  an  expert  on
    52  reducing  health  disparities among demographic subgroups, and one shall
    53  be an expert on women's health. The board shall also consist of not less
    54  than two physician's assistants licensed to practice in this state.  The

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     1  participation  of  physician's  assistant  members  shall  be limited to
     2  matters relating to article one hundred thirty-one-B of this chapter. An
     3  executive secretary to the board shall be  appointed  by  the  board  of
     4  regents  on  recommendation  of  the  commissioner and shall be either a
     5  physician licensed in this state or a non-physician, deemed qualified by
     6  the commissioner and board of regents.
     7    § 2. This act shall take effect immediately.
     8                                   PART E
     9    Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
    10  amended by adding a new paragraph (c) to read as follows:
    11    (c)  any of the following offenses, where the defendant and the person
    12  against whom the offense was committed were members of the  same  family
    13  or  household  as  defined  in  subdivision one of section 530.11 of the
    14  criminal procedure law: assault in the third  degree;  menacing  in  the
    15  third  degree;  menacing  in the second degree; reckless endangerment in
    16  the second degree; criminal obstruction of  breathing  or  blood  circu-
    17  lation;  unlawful  imprisonment  in  the  second degree; coercion in the
    18  second degree; criminal mischief in the fourth degree; criminal  tamper-
    19  ing in the third degree; criminal contempt in the second degree; harass-
    20  ment  in  the  first degree; aggravated harassment in the second degree;
    21  criminal trespass in the third degree; criminal trespass in  the  second
    22  degree;    reckless endangerment of property; arson in the fifth degree;
    23  endangering the  welfare of an incompetent or physically disabled person
    24  in the second degree;  unlawful publication of sexual images; attempt to
    25  commit any of the above-listed offenses.
    26    § 2. The criminal procedure law is amended by  adding  a  new  section
    27  370.20 to read as follows:
    28  § 370.20 Procedure  for  determining  whether certain misdemeanor crimes
    29             are serious offenses under the penal law.
    30    1. When a defendant has been charged with assault in the third degree,
    31  menacing in the third degree, menacing in the  second  degree,  reckless
    32  endangerment  in the second degree, criminal obstruction of breathing or
    33  blood circulation, unlawful imprisonment in the second degree,  coercion
    34  in  the  second degree, criminal mischief in the fourth degree, criminal
    35  tampering in the third degree, criminal contempt in the  second  degree,
    36  harassment  in  the  first  degree,  aggravated harassment in the second
    37  degree, criminal trespass in the third degree, criminal trespass in  the
    38  second  degree,    reckless endangerment of property, arson in the fifth
    39  degree, endangering the  welfare of an incompetent or  physically  disa-
    40  bled  person  in  the  second  degree,    unlawful publication of sexual
    41  images, or attempt to commit  any  of  the  above-listed  offenses,  the
    42  people  may,  at  arraignment  or  no  later  than forty-five days after
    43  arraignment, for the purpose of notification to the division of criminal
    44  justice services pursuant to section 380.98 of this part, serve  on  the
    45  defendant  and  file with the court a notice alleging that the defendant
    46  and the person alleged to be the victim of such crime  were  members  of
    47  the  same  family  or household as defined in subdivision one of section
    48  530.11 of this chapter.
    49    2. Such notice shall include the name of the person alleged to be  the
    50  victim  of  such  crime  and  shall  specify  the  nature of the alleged
    51  relationship as set forth in subdivision one of section 530.11  of  this
    52  chapter.  Upon  conviction  of  such offense, the court shall advise the
    53  defendant that he or she is entitled to a hearing solely on the  allega-
    54  tion  contained  in  the notice and, if necessary, an adjournment of the

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     1  sentencing proceeding in order to prepare for such hearing, and that  if
     2  such  allegation is sustained, that determination and conviction will be
     3  reported to the division of criminal justice services.
     4    3.  After  having been advised by the court as provided in subdivision
     5  two of this section, the defendant may stipulate or admit, orally on the
     6  record or in writing, that he or she  is  related  or  situated  to  the
     7  victim  of such crime in the manner described in subdivision one of this
     8  section. In such case, such relationship shall be deemed established for
     9  purposes of section 380.98 of this part. If the defendant denies that he
    10  or she is related or situated to the victim of the crime as  alleged  in
    11  the  notice  served  by  the people, or stands mute with respect to such
    12  allegation, then the people shall bear the  burden  to  prove  beyond  a
    13  reasonable doubt that the defendant is related or situated to the victim
    14  in  the  manner  alleged  in the notice. The court may consider reliable
    15  hearsay evidence submitted by either party provided that it is  relevant
    16  to the determination of the allegation. Facts previously proven at trial
    17  or  elicited  at  the  time of entry of a plea of guilty shall be deemed
    18  established beyond a reasonable doubt and shall not be  relitigated.  At
    19  the  conclusion of the hearing, or upon such a stipulation or admission,
    20  as applicable, the court shall make  a  specific  written  determination
    21  with respect to such allegation.
    22    §  3.  The  criminal  procedure law is amended by adding a new section
    23  380.98 to read as follows:
    24  § 380.98 Notification  to  division  of  criminal  justice  services  of
    25             certain misdemeanor convictions.
    26    Upon  judgment  of conviction of assault in the third degree, menacing
    27  in the third degree, menacing in the second degree,  reckless  endanger-
    28  ment  in  the  second degree, criminal obstruction of breathing or blood
    29  circulation, unlawful imprisonment in the second degree, coercion in the
    30  second degree, criminal mischief in the fourth degree, criminal  tamper-
    31  ing in the third degree, criminal contempt in the second degree, harass-
    32  ment in the first degree, or aggravated harassment in the second degree,
    33  criminal  trespass  in the third degree, criminal trespass in the second
    34  degree,  reckless endangerment of property, arson in the  fifth  degree,
    35  endangering the  welfare of an incompetent or physically disabled person
    36  in the second degree,  unlawful publication of sexual images, or attempt
    37  to  commit  any  of  the  above-listed  offenses, when the defendant and
    38  victim have been determined, pursuant to section 370.20 of this part, to
    39  be members of the same family or household as defined in subdivision one
    40  of section 530.11 of this chapter, the clerk of the court shall  include
    41  notification and a copy of the written determination in a report of such
    42  conviction  to  the  division of criminal justice services to enable the
    43  division to report such determination to the Federal Bureau of  Investi-
    44  gation  and  assist  the  bureau  in identifying persons prohibited from
    45  purchasing and possessing a firearm or other weapon due   to  conviction
    46  of  an  offense  specified  in  paragraph  c of subdivision seventeen of
    47  section 265.00 of the penal law.
    48    § 4. Section 530.14 of the criminal procedure law is  REPEALED  and  a
    49  new section 530.14 is added to read as follows:
    50  § 530.14 Suspension  and  revocation  of  a  license  to carry, possess,
    51             repair or dispose  of  a  firearm  or  firearms  pursuant  to
    52             section  400.00 of the penal law and ineligibility for such a
    53             license; order to surrender weapons.
    54    1. Whenever a temporary order of  protection  is  issued  pursuant  to
    55  subdivision  one  of section 530.12 or subdivision one of section 530.13
    56  of this article the court shall suspend any firearms  license  possessed

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     1  by  the defendant, order the defendant ineligible for such a license and
     2  order the immediate surrender pursuant to subparagraph (f) of  paragraph
     3  one  of  subdivision  a of section 265.20 and subdivision six of section
     4  400.05 of the penal law, of all pistols, revolvers, rifles, shotguns and
     5  any other firearms owned or possessed by the defendant.
     6    2.  Whenever  an order of protection is issued pursuant to subdivision
     7  five of section 530.12 or subdivision four of  section  530.13  of  this
     8  article  the  court  shall  revoke,  suspend  or continue to suspend any
     9  firearms license possessed by the defendant, order the defendant  ineli-
    10  gible  for  such a license and order the immediate surrender pursuant to
    11  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
    12  subdivision six of section 400.05 of the  penal  law,  of  all  pistols,
    13  revolvers, rifles, shotguns and any other firearms owned or possessed by
    14  the defendant.
    15    3.  Whenever a defendant has been found pursuant to subdivision eleven
    16  of section 530.12 or subdivision eight of section 530.13 of this article
    17  to have willfully failed to obey an order  of  protection  issued  by  a
    18  court of competent jurisdiction in this state or another state, territo-
    19  rial or tribal jurisdiction, in addition to any other remedies available
    20  pursuant to subdivision eleven of section 530.12 or subdivision eight of
    21  section  530.13  of  this  article,  the  court shall revoke, suspend or
    22  continue to suspend any firearms license  possessed  by  the  defendant,
    23  order  the defendant ineligible for such a license and order the immedi-
    24  ate surrender pursuant to subparagraph (f) of paragraph one of  subdivi-
    25  sion  a  of  section 265.20 and subdivision six of section 400.05 of the
    26  penal law, of all pistols, revolvers, rifles,  shotguns  and  any  other
    27  firearms owned or possessed by the defendant.
    28    4.  Suspension.   Any suspension order issued pursuant to this section
    29  shall remain in effect for  the  duration  of  the  temporary  order  of
    30  protection  or  order  of  protection, unless modified or vacated by the
    31  court.
    32    5. Surrender.  (a) Where an order to surrender one  or  more  pistols,
    33  revolvers,  rifles,  shotguns  or  other  firearms  has been issued, the
    34  temporary order of protection or order of protection shall  specify  the
    35  place  where such weapons shall be surrendered, shall specify a date and
    36  time by which the surrender shall be completed and, to the extent possi-
    37  ble, shall describe such weapons to be surrendered, and shall direct the
    38  authority receiving such surrendered weapons to immediately  notify  the
    39  court of such surrender.
    40    (b)  The  prompt  surrender of one or more pistols, revolvers, rifles,
    41  shotguns or other firearms pursuant to a court order issued pursuant  to
    42  this  section  shall be considered a voluntary surrender for purposes of
    43  subparagraph (f) of paragraph one of subdivision a of section 265.20  of
    44  the  penal  law. The disposition of any such weapons shall be in accord-
    45  ance with the provisions of subdivision six of  section  400.05  of  the
    46  penal law.
    47    (c)  The  provisions  of  this  section  shall not be deemed to limit,
    48  restrict or otherwise impair the authority of the  court  to  order  and
    49  direct  the surrender of any or all pistols, revolvers, rifles, shotguns
    50  or other firearms owned or possessed by a defendant pursuant to  section
    51  530.12 or 530.13 of this article.
    52    6.  Notice.    (a)  Where  an  order  requiring surrender, revocation,
    53  suspension or ineligibility has been issued pursuant  to  this  section,
    54  any  temporary  order  of protection or order of protection issued shall
    55  state that such firearm license has been suspended or  revoked  or  that
    56  the  defendant  is  ineligible for such license, as the case may be, and

        S. 7511--A                         17                         A. 9511--A
     1  that the defendant is prohibited from possessing any  pistol,  revolver,
     2  rifle, shotgun or other firearm.
     3    (b) The court revoking or suspending the license, ordering the defend-
     4  ant  ineligible  for  such  a  license, or ordering the surrender of any
     5  pistol, revolver, rifle, shotgun  or  other  firearm  shall  immediately
     6  notify  the duly constituted police authorities of the locality concern-
     7  ing such action and, in the case of orders of protection  and  temporary
     8  orders  of protection issued pursuant to section 530.12 of this article,
     9  shall immediately notify the statewide registry of orders of protection.
    10    (c) The court revoking or  suspending  the  license  or  ordering  the
    11  defendant ineligible for such a license shall give written notice there-
    12  of  without  unnecessary  delay  to  the division of state police at its
    13  office in the city of Albany.
    14    (d) Where an order of revocation, suspension, ineligibility or surren-
    15  der is modified or vacated,  the  court  shall  immediately  notify  the
    16  statewide  registry  of  orders  of  protection and the duly constituted
    17  police authorities of the locality concerning such action and shall give
    18  written notice thereof without unnecessary  delay  to  the  division  of
    19  state police at its office in the city of Albany.
    20    7.  Hearing.    The defendant shall have the right to a hearing before
    21  the court regarding any revocation, suspension, ineligibility or surren-
    22  der order issued pursuant to this section, provided that nothing in this
    23  subdivision shall preclude the court from issuing any such  order  prior
    24  to  a hearing. Where the court has issued such an order prior to a hear-
    25  ing, it shall commence such hearing within fourteen  days  of  the  date
    26  such order was issued.
    27    8. Nothing in this section shall delay or otherwise interfere with the
    28  issuance of a temporary order of protection or the timely arraignment of
    29  a defendant in custody.
    30    §  5.  Section  842-a  of  the  family court act is REPEALED and a new
    31  section 842-a is added to read as follows:
    32    § 842-a. Suspension and revocation of a  license  to  carry,  possess,
    33  repair or dispose of a firearm or firearms pursuant to section 400.00 of
    34  the  penal  law and ineligibility for such a license; order to surrender
    35  weapons.  1. Whenever a temporary order of protection is issued pursuant
    36  to section eight hundred twenty-eight of this article,  or  pursuant  to
    37  article  four,  five,  six,  seven  or  ten  of this act the court shall
    38  suspend any firearms license   possessed by the  respondent,  order  the
    39  respondent ineligible for such a license and order the immediate surren-
    40  der  pursuant  to  subparagraph (f) of paragraph one of subdivision a of
    41  section 265.20 and subdivision six of section 400.05 of the  penal  law,
    42  of  all  pistols,  revolvers,  rifles,  shotguns  and any other firearms
    43  owned or possessed by the respondent.
    44    2. Whenever an order of protection is issued pursuant to section eight
    45  hundred forty-one of this part, or pursuant to article four, five,  six,
    46  seven  or ten of this act the court shall revoke, suspend or continue to
    47  suspend any firearms license possessed  by  the  respondent,  order  the
    48  respondent ineligible for such a license and order the immediate surren-
    49  der  pursuant  to  subparagraph (f) of paragraph one of subdivision a of
    50  section 265.20 and subdivision six of  section 400.05 of the penal  law,
    51  of all pistols, revolvers, rifles, shotguns and any other firearms owned
    52  or possessed by the respondent.
    53    3.  Whenever  a  respondent  has  been found pursuant to section eight
    54  hundred forty-six-a of this part to have willfully  failed  to  obey  an
    55  order  of protection or temporary order of protection issued pursuant to
    56  this act or the domestic relations law, or by this court or by  a  court

        S. 7511--A                         18                         A. 9511--A
     1  of  competent  jurisdiction in this  state or another state, territorial
     2  or tribal jurisdiction, in addition  to  any  other  remedies  available
     3  pursuant  to  section eight hundred forty-six-a of this  part, the court
     4  shall  revoke,  suspend  or  continue  to suspend any firearms   license
     5  possessed by the respondent, order the respondent ineligible for such  a
     6  license  and  order the immediate surrender pursuant to subparagraph (f)
     7  of  paragraph one of subdivision a of section 265.20 and subdivision six
     8  of section 400.05 of the penal law, of all pistols,  revolvers,  rifles,
     9  shotguns and any other firearms owned or possessed by the respondent.
    10    4.  Suspension.  Any  suspension order issued pursuant to this section
    11  shall remain in effect for  the  duration  of  the  temporary  order  of
    12  protection  or  order  of  protection, unless modified or vacated by the
    13  court.
    14    5. Surrender. (a) Where an order to surrender  one  or  more  pistols,
    15  revolvers,  rifles,  shotguns  or  other  firearms  has been issued, the
    16  temporary order of protection or order of protection shall  specify  the
    17  place  where such weapons shall be surrendered, shall specify a date and
    18  time by which the   surrender shall be  completed  and,  to  the  extent
    19  possible,  shall  describe  such  weapons  to  be surrendered, and shall
    20  direct the authority receiving such  surrendered weapons to  immediately
    21  notify the court of such surrender.
    22    (b)  The  prompt  surrender of one or more pistols, revolvers, rifles,
    23  shotguns or other firearms pursuant to a court order issued pursuant  to
    24  this   section shall be considered a voluntary surrender for purposes of
    25  subparagraph (f) of paragraph one of subdivision a of section 265.20  of
    26  the  penal law. The  disposition of any such weapons shall be in accord-
    27  ance with the provisions of  subdivision six of section  400.05  of  the
    28  penal law.
    29    (c)  The  provisions  of  this  section  shall not be deemed to limit,
    30  restrict or otherwise impair the authority of the  court  to  order  and
    31  direct  the surrender of any or all pistols, revolvers, rifles, shotguns
    32  or other firearms owned or  possessed by a respondent pursuant  to  this
    33  act.
    34    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
    35  sion  or  ineligibility  has  been  issued pursuant to this section, any
    36  temporary order  of protection or order of protection issued shall state
    37  that such firearm license has been suspended  or  revoked  or  that  the
    38  respondent  is ineligible for such license, as the case may be, and that
    39  the respondent is  prohibited  from  possessing  any  pistol,  revolver,
    40  rifle, shotgun or other firearm.
    41    (b)  The  court  revoking  or  suspending  the  license,  ordering the
    42  respondent ineligible for such a license, or ordering the  surrender  of
    43  any  pistol, revolver, rifle, shotgun or other firearm shall immediately
    44  notify the statewide registry of  orders  of  protection  and  the  duly
    45  constituted police authorities of  the locality of such action.
    46    (c)  The  court  revoking  or  suspending  the license or ordering the
    47  respondent ineligible for such a license shall give written notice ther-
    48  eof  without unnecessary delay to the division of state  police  at  its
    49  office in the city of Albany.
    50    (d) Where an order of revocation, suspension, ineligibility or surren-
    51  der  is  modified  or  vacated,  the  court shall immediately notify the
    52  statewide registry of orders of  protection  and  the  duly  constituted
    53  police authorities of the locality concerning such action and shall give
    54  written  notice  thereof    without unnecessary delay to the division of
    55  state police at its office in the  city of Albany.

        S. 7511--A                         19                         A. 9511--A
     1    7. Hearing. The respondent shall have the right to  a  hearing  before
     2  the court regarding any revocation, suspension, ineligibility or surren-
     3  der  order    issued  pursuant to this section, provided that nothing in
     4  this subdivision shall preclude the court from issuing  any  such  order
     5  prior to a hearing. Where the  court has issued such an order prior to a
     6  hearing,  it  shall  commence such   hearing within fourteen days of the
     7  date such order was issued.
     8    8. Nothing in this section shall delay or otherwise interfere with the
     9  issuance of a temporary order of protection.
    10    § 6. Subdivision 4 of section 265.01 of the penal law, as  amended  by
    11  chapter 1 of the laws of 2013, is amended to read as follows:
    12    (4)  He  or  she  possesses  a  rifle, shotgun, antique firearm, black
    13  powder rifle, black powder shotgun, or any muzzle-loading  firearm,  and
    14  has  been  convicted of a felony or serious offense or is the subject of
    15  an outstanding warrant of arrest issued upon the alleged commission of a
    16  felony or serious offense; or
    17    § 7. Paragraph (c) of subdivision 1 of section  400.00  of  the  penal
    18  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    19  follows:
    20    (c) who has not been convicted anywhere  of  a  felony  or  a  serious
    21  offense  or  who  is not the subject of an outstanding warrant of arrest
    22  issued upon the alleged commission of a felony or serious offense;
    23    § 8. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
    25                                   PART F
    26    Section  1.  The  penal  law  is  amended by adding three new sections
    27  250.62, 250.63 and 250.64 to read as follows:
    28  § 250.62 Sexual extortion in the third degree.
    29    A person is guilty of sexual extortion in the third degree when he  or
    30  she, with the intent to satisfy, in whole or substantial part his or her
    31  own  sexual  gratification,  compels or induces another person to expose
    32  his or her sexual or intimate parts  or  engage  in  sexual  conduct  by
    33  instilling  a  fear  in  him  or her that, if the demand is not complied
    34  with, the actor will perform an act intended to harm another person with
    35  respect to his or her health, safety, business, career, financial condi-
    36  tion, reputation or personal relationships.
    37    Sexual extortion in the third degree is a class E felony.
    38  § 250.63 Sexual extortion in the second degree.
    39    A person is guilty of sexual extortion in the second degree when he or
    40  she with intent to satisfy, in whole or substantial part his or her  own
    41  sexual gratification, compels or induces another person less than seven-
    42  teen  years  old to expose his or her sexual or intimate parts or engage
    43  in sexual conduct by instilling a fear in him or her that, if the demand
    44  is not complied with, the actor will perform an  act  intended  to  harm
    45  another  person  with  respect  to  his  other health, safety, business,
    46  career, financial condition, reputation or personal relationships.
    47    Sexual extortion in the second degree is a class D felony.
    48  § 250.64 Sexual extortion in the first degree.
    49    A person is guilty of sexual extortion in the first degree when he  or
    50  she, with the intent to satisfy, in whole or substantial part his or her
    51  own  sexual  gratification,  compels or induces another person less than
    52  fifteen years old to expose his or  her  sexual  or  intimate  parts  or
    53  engage in sexual conduct by instilling a fear in him or her that, if the
    54  demand  is  not complied with, the actor will perform an act intended to

        S. 7511--A                         20                         A. 9511--A
     1  harm another person with respect to his or her health, safety, business,
     2  career, financial condition, reputation or personal relationships.
     3    Sexual extortion in the first degree is a class C felony.
     4    §  2.  The  opening  paragraph  of subdivision 1 of section 812 of the
     5  family court act, as amended by chapter 526 of  the  laws  of  2013,  is
     6  amended to read as follows:
     7    The  family court and the criminal courts shall have concurrent juris-
     8  diction over any  proceeding  concerning  acts  which  would  constitute
     9  disorderly  conduct,  harassment  in the first degree, harassment in the
    10  second degree,  aggravated  harassment  in  the  second  degree,  sexual
    11  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    12  abuse in the second degree as set forth in subdivision  one  of  section
    13  130.60  of  the penal law, stalking in the first degree, stalking in the
    14  second degree, stalking in the third  degree,  stalking  in  the  fourth
    15  degree,  criminal  mischief,  menacing in the second degree, menacing in
    16  the third degree, reckless endangerment, criminal obstruction of breath-
    17  ing or blood circulation, strangulation in the second degree, strangula-
    18  tion in the first degree, assault in the second degree, assault  in  the
    19  third  degree, an attempted assault, identity theft in the first degree,
    20  identity theft in the second degree, identity theft in the third degree,
    21  grand larceny in the fourth degree, grand larceny in the third degree or
    22  coercion in the second degree as set forth in subdivisions one, two  and
    23  three of section 135.60 of the penal law, unlawful publication of sexual
    24  images as set forth in section 250.61 of the penal law, sexual extortion
    25  in  the  third  degree  as set forth in section 250.62 of the penal law,
    26  sexual extortion in the second degree as set forth in section 250.63  of
    27  the  penal  law, or sexual extortion in the first degree as set forth is
    28  section 250.64 of the penal law between spouses or  former  spouses,  or
    29  between parent and child or between members of the same family or house-
    30  hold  except  that if the respondent would not be criminally responsible
    31  by reason of age pursuant to section 30.00 of the penal  law,  then  the
    32  family  court  shall  have  exclusive jurisdiction over such proceeding.
    33  Notwithstanding a complainant's election to proceed in family court, the
    34  criminal court shall not be divested of jurisdiction to  hear  a  family
    35  offense  proceeding pursuant to this section. In any proceeding pursuant
    36  to this article, a court shall not  deny  an  order  of  protection,  or
    37  dismiss  a petition, solely on the basis that the acts or events alleged
    38  are not relatively contemporaneous with the date of  the  petition,  the
    39  conclusion  of  the  fact-finding or the conclusion of the dispositional
    40  hearing. For purposes of this  article,  "disorderly  conduct"  includes
    41  disorderly  conduct not in a public place. For purposes of this article,
    42  "members of the same family or household" shall mean the following:
    43    § 3. Paragraph (a) of subdivision 1 of section 821 of the family court
    44  act, as amended by chapter 526 of the laws of 2013, is amended  to  read
    45  as follows:
    46    (a)  An  allegation  that  the  respondent  assaulted  or attempted to
    47  assault his or her spouse, or former  spouse,  parent,  child  or  other
    48  member of the same family or household or engaged in disorderly conduct,
    49  harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
    50  third degree, sexual abuse in the second degree as set forth in subdivi-
    51  sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
    52  mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
    53  breathing or blood circulation, strangulation,  identity  theft  in  the
    54  first degree, identity theft in the second degree, identity theft in the
    55  third  degree,  grand larceny in the fourth degree, grand larceny in the
    56  third degree or coercion in the second degree as set forth  in  subdivi-

        S. 7511--A                         21                         A. 9511--A
     1  sions  one,  two  and three of section 135.60 of the penal law, unlawful
     2  publication of sexual images as set forth in section 250.61 of the penal
     3  law, sexual extortion in the third degree as set forth in section 250.62
     4  of  the penal law, sexual extortion in the second degree as set forth in
     5  section 250.63 of the penal law, or sexual extortion in the first degree
     6  as set forth in section 250.64 of the penal law toward any such person;
     7    § 4. The opening paragraph of subdivision 1 of section 530.11  of  the
     8  criminal  procedure  law, as amended by chapter 526 of the laws of 2013,
     9  is amended to read as follows:
    10    The family court and the criminal courts shall have concurrent  juris-
    11  diction  over  any  proceeding  concerning  acts  which would constitute
    12  disorderly conduct, harassment in the first degree,  harassment  in  the
    13  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    14  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    15  abuse  in  the  second degree as set forth in subdivision one of section
    16  130.60 of the penal law, stalking in the first degree, stalking  in  the
    17  second  degree,  stalking  in  the  third degree, stalking in the fourth
    18  degree, criminal mischief, menacing in the second  degree,  menacing  in
    19  the  third  degree,  reckless  endangerment,  strangulation in the first
    20  degree, strangulation in the  second  degree,  criminal  obstruction  of
    21  breathing or blood circulation, assault in the second degree, assault in
    22  the  third  degree,  an  attempted  assault, identity theft in the first
    23  degree, identity theft in the second degree, identity theft in the third
    24  degree, grand larceny in the fourth degree, grand larceny in  the  third
    25  degree  or  coercion  in  the second degree as set forth in subdivisions
    26  one, two and three of section 135.60 of the penal law, unlawful publica-
    27  tion of sexual images as set forth in section 250.61 of the  penal  law,
    28  sexual  extortion  in the third degree as as set forth in section 250.62
    29  of the penal law, sexual extortion in the second degree as set forth  in
    30  section 250.63 of the penal law, or sexual extortion in the first degree
    31  as  set  forth  in  section  250.64  of the penal law between spouses or
    32  former spouses, or between parent and child or between  members  of  the
    33  same  family  or  household  except  that if the respondent would not be
    34  criminally responsible by reason of age pursuant to section 30.00 of the
    35  penal law, then the family court shall have exclusive jurisdiction  over
    36  such  proceeding. Notwithstanding a complainant's election to proceed in
    37  family court, the criminal court shall not be divested  of  jurisdiction
    38  to  hear  a  family  offense  proceeding  pursuant  to this section. For
    39  purposes of  this  section,  "disorderly  conduct"  includes  disorderly
    40  conduct not in a public place. For purposes of this section, "members of
    41  the same family or household" with respect to a proceeding in the crimi-
    42  nal courts shall mean the following:
    43    §  5.  The penal law is amended by adding a new section 250.61 to read
    44  as follows:
    45  § 250.61 Unlawful publication of sexual images.
    46    A person is guilty of unlawful publication of sexual images when he or
    47  she, with the intent to harm or  cause  serious  emotional  distress  to
    48  another:  (a)  publishes,  broadcasts,  or in any other way disseminates
    49  images of the sexual or other intimate  parts  of  a  person  personally
    50  known  to  them; or (b) compels another to engage in conduct by means of
    51  instilling fear that if the demand to engage  in  such  conduct  is  not
    52  complied  with,  he  or she will publish, broadcast, or in any other way
    53  disseminate images of the sexual or  other  intimate  parts  of  another
    54  person personally known to them, and the depicted person suffers serious
    55  emotional  distress as a result of the publication, broadcast or dissem-

        S. 7511--A                         22                         A. 9511--A
     1  ination, or the compulsion thereof, and the publication or broadcast was
     2  done without consent of the person.
     3    Unlawful publication of a sexual image is a class A misdemeanor.
     4    §  6.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
     5  168-a of the correction law, as amended by chapter 368 of  the  laws  of
     6  2015, is amended to read as follows:
     7    2. "Sex offense" means: (a) (i) a conviction of or a conviction for an
     8  attempt  to  commit  any  of  the provisions of sections 120.70, 130.20,
     9  130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 250.61,  250.62,
    10  250.63,  250.64, 255.25, 255.26 and 255.27 or article two hundred sixty-
    11  three of the penal law, or section 135.05, 135.10, 135.20 or  135.25  of
    12  such  law  relating  to kidnapping offenses, provided the victim of such
    13  kidnapping or related offense is less than seventeen years old  and  the
    14  offender  is  not the parent of the victim, or section 230.04, where the
    15  person patronized is in fact less than seventeen years of  age,  230.05,
    16  230.06,  230.11,  230.12,  230.13,  subdivision  two  of section 230.30,
    17  section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of
    18  the penal law where the person prostituted is in fact less  than  seven-
    19  teen years old, or
    20    §  7.  This  act  shall take effect immediately, provided however that
    21  sections two, three, and four of this act shall take effect on the first
    22  of November next succeeding the date on which it  shall  have  become  a
    23  law.
    24                                   PART G
    25    Section 1. Subdivision 4 of section 2805-i of the public health law is
    26  REPEALED.
    27    §  2.  Subdivision  2  of  section 2805-i of the public health law, as
    28  amended by chapter 504 of the laws  of  1994,  is  amended  to  read  as
    29  follows:
    30    2. The sexual offense evidence shall be collected and kept in a locked
    31  separate  and  secure area for not less than [thirty days] the longer of
    32  five years or the date the alleged sexual offense victim reaches the age
    33  of nineteen, unless: (a) such evidence is not privileged and the  police
    34  request  its surrender before that time, which request shall be complied
    35  with; or (b) such evidence is privileged  and  (i)  the  alleged  sexual
    36  offense  victim  nevertheless  gives  permission to turn such privileged
    37  evidence over to the police before that time, or (ii) the alleged sexual
    38  offense victim signs a statement directing the hospital to  not  collect
    39  and  keep  such  privileged  evidence, which direction shall be complied
    40  with. The sexual offense evidence shall include, but not be limited  to,
    41  slides,  cotton  swabs, clothing and other items. Where appropriate such
    42  items must be refrigerated and the clothes  and  swabs  must  be  dried,
    43  stored  in paper bags and labeled. Each item of evidence shall be marked
    44  and logged with a code number corresponding  to  the  patient's  medical
    45  record.  [The] Within thirty days of collection of evidence, the alleged
    46  sexual offense victim shall be notified that  after  [thirty  days]  the
    47  longer  of  five  years  or  the  date the alleged sexual offense victim
    48  reaches the age of nineteen, the refrigerated evidence will be discarded
    49  in compliance with state and local health codes and the  alleged  sexual
    50  offense  victim's clothes will be returned to the alleged sexual offense
    51  victim upon request. The hospital shall ensure that diligent efforts are
    52  made to contact the  alleged  sexual  offense  victim  and  repeat  such
    53  notification more than thirty days prior to the evidence being discarded
    54  in accordance with this section. Hospitals may enter into contracts with

        S. 7511--A                         23                         A. 9511--A
     1  other  entities  that  will ensure appropriate storage of sexual offense
     2  evidence pursuant to this subdivision.
     3    § 3. This act shall take effect immediately.
     4                                   PART H
     5    Section 1. Section 292 of the executive law is amended by adding a new
     6  subdivision 35 to read as follows:
     7    35. The term "educational institution" shall mean:
     8    (a) any education corporation or association which holds itself out to
     9  the  public  to  be non-secretarian and exempt from taxation pursuant to
    10  the provisions of article four of the real property tax law; or
    11    (b) any public school, including any school district, board of cooper-
    12  ative education services, public college or public university.
    13    § 2. Subdivision 4 of section 296 of the executive law, as amended  by
    14  chapter 106 of the laws of 2003, is amended to read as follows:
    15    4.  It  shall be an unlawful discriminatory practice for an [education
    16  corporation or association which holds itself out to the  public  to  be
    17  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
    18  article four of the real property tax law]  educational  institution  to
    19  deny  the use of its facilities to any person otherwise qualified, or to
    20  permit the harassment of any student or  applicant,  by  reason  of  his
    21  race,  color, religion, disability, national origin, sexual orientation,
    22  military status, sex, age or marital status, except that any such insti-
    23  tution which establishes or maintains a policy of educating  persons  of
    24  one sex exclusively may admit students of only one sex.
    25    § 3. This act shall take effect immediately.
    26                                   PART I
    27    Section  1.  This Part enacts into law major components of legislation
    28  which are necessary to combat sexual harassment in the  workplace.  Each
    29  component  is wholly contained within a Subpart identified as Subparts A
    30  through F.  The effective date for each particular  provision  contained
    31  within  such  Subpart  is set forth in the last section of such Subpart.
    32  Any provision in any section contained within a Subpart,  including  the
    33  effective  date of the Subpart, which makes a reference to a section "of
    34  this act," when used in connection with that particular component, shall
    35  be deemed to mean and refer to the corresponding section of the  Subpart
    36  in  which it is found. Section three of this Part sets forth the general
    37  effective date of the Part.
    38                                  SUBPART A
    39    Section 1. The state finance law is amended by adding  a  new  section
    40  148 to read as follows:
    41    § 148. Reporting of sexual harassment violations by state contractors.
    42  1.  Definitions. As used in this section, the following terms shall have
    43  the following meanings unless otherwise specified:
    44    a. "State agency" means (1) (a) any state department, or (b) any divi-
    45  sion, board, commission or bureau of any state department,  or  (c)  the
    46  state  university  of  New  York  and  the  city university of New York,
    47  including all their constituent units except community colleges and  the
    48  independent  institutions  operating  statutory  or contract colleges on
    49  behalf of the state, or (d) a board or commission, a majority  of  whose

        S. 7511--A                         24                         A. 9511--A
     1  members  are  appointed by the governor; and (2) a "state authority", as
     2  defined in subdivision one of section two of the public authorities law.
     3    b.  "Owner" means an owner of a business entity, which includes but is
     4  not limited to a shareholder of a corporation that is not publicly trad-
     5  ed, a partner in a  partnership  or  limited  liability  partnership,  a
     6  member  of  a  limited  liability  company, a general partner or limited
     7  partner of a limited partnership.
     8    c. "Manager" means a director or executive officer of a business enti-
     9  ty, which includes but is not limited to a director of a corporation and
    10  a manager of a limited liability company.
    11    d. "Sexual harassment violation" means a claim  of  sexual  harassment
    12  that has been determined to be substantiated in accordance with applica-
    13  ble law or the internal policies of the contractor.
    14    e.  "Sexual  harassment" means unwelcome sexual advances, requests for
    15  sexual favors, or other verbal or physical conduct of a sexual nature if
    16  such conduct is made either explicitly or implicitly a term or condition
    17  of employment, or submission to or rejection of such conduct is used  as
    18  the basis for employment decisions affecting an individual's employment,
    19  or  such  conduct  has the purpose or effect of unreasonably interfering
    20  with an individual's  work  performance  or  creating  an  intimidating,
    21  hostile  or offensive work environment, even if the complaining individ-
    22  ual is not the intended target of the sexual harassment.
    23    f. "Contract" means the same as "procurement contract" as  defined  in
    24  subdivision  g of section one hundred thirty-nine-k of the state finance
    25  law.
    26    2. A clause shall be inserted  in  all  contracts  hereafter  made  or
    27  awarded  by the state, or by any state agency, requiring a contractor to
    28  whom any contract shall be let, granted or awarded, as required by  law,
    29  to certify to the office of general services not later than June thirti-
    30  eth of each year during the term of the contract information relating to
    31  the issue of sexual harassment, which shall include, among other things,
    32  the  following:  (i)  the  number of sexual harassment violations and/or
    33  determinations asserted against or committed by any owner,  manager,  or
    34  employee  of  the  contractor  in  the  previous calendar year; (ii) the
    35  number of settlement agreements containing nondisclosure provisions that
    36  have been executed by the contractor in the previous calendar year where
    37  such settlement agreement resolves any sexual harassment claim  asserted
    38  against  or committed by any owner, manager, or employee of the contrac-
    39  tor; and (iii) a description of training provided to employees  relating
    40  to  sexual  harassment prevention in the workplace. The above-referenced
    41  clause shall also require the contractor to  submit  such  certification
    42  using  a  form  of  certification  provided  by  the  office  of general
    43  services.
    44    3. The office of general services shall prepare an annual report which
    45  identifies the aggregate number of  sexual  harassment  violations,  the
    46  aggregate  number  of  settlement  agreements  containing  nondisclosure
    47  provisions, and the aggregate  number  of  businesses  providing  sexual
    48  harassment  training  in the workplace reported to the office of general
    49  services during the preceding year.  The report shall be provided to the
    50  governor, the speaker of the assembly and the temporary president of the
    51  senate on or before November first of  each  year  commencing  with  the
    52  November  first  in the year immediately following the effective date of
    53  the legislation.
    54    § 2. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.

        S. 7511--A                         25                         A. 9511--A
     1                                  SUBPART B
     2    Section 1. The general business law is amended by adding a new section
     3  398-f to read as follows:
     4    §  398-f.  Certain  contract  clauses; prohibited. 1. Definitions.  As
     5  used in this section:
     6    a. The term "employer" shall have the  same  meaning  as  provided  in
     7  subdivision five of section two hundred ninety-two of the executive law.
     8    b.  The  term  "sexual  harassment"  shall  include  unwelcome  sexual
     9  advances, requests for sexual  favors,  and  other  verbal  or  physical
    10  conduct  of a sexual nature when: (i) submission to such conduct is made
    11  either explicitly or implicitly a term or condition of  an  individual's
    12  employment;  (ii) submission to or rejection of such conduct by an indi-
    13  vidual is used as the basis  for  employment  decisions  affecting  such
    14  individual; or (iii) such conduct has the purpose or effect of interfer-
    15  ing  with  an individual's work performance or creating an intimidating,
    16  hostile, or offensive working environment.
    17    2. Prohibition. On or after the effective date  of  this  section,  no
    18  employer shall force an employee or prospective employee to enter into a
    19  written  contract  if such contract would restrict or limit such employ-
    20  ee's ability to bring or adjudicate claims relating to unlawful  discri-
    21  minatory practices based on sexual harassment in any forum.
    22    3.  Where there is a conflict between any collective bargaining agree-
    23  ment and this section, such agreement shall be controlling.
    24    § 2. This act shall take effect on the first of January next  succeed-
    25  ing the date on which it shall have become a law.
    26                                  SUBPART C
    27    Section 1. The executive law is amended by adding a new section 656 to
    28  read as follows:
    29    §  656.  Individual  liability  for  sexual  harassment.    a. For the
    30  purposes of this section, "sexual harassment"  shall  include  unwelcome
    31  sexual advances, requests for sexual favors, or other verbal or physical
    32  conduct  of a sexual nature when: (i) submission to such conduct is made
    33  either explicitly or implicitly a term or condition of  an  individual's
    34  employment;  (ii) submission to or rejection of such conduct by an indi-
    35  vidual is used as the basis  for  employment  decisions  affecting  such
    36  individual; or (iii) such conduct has the purpose or effect of interfer-
    37  ing  with  an individual's work performance or creating an intimidating,
    38  hostile, or offensive working environment.
    39    b. The office of employee relations shall review any  proposed  agreed
    40  judgment, stipulation, decree, agreement to settle, assurance of discon-
    41  tinuance or other agreement to resolve any internal complaint, complaint
    42  to  the U.S.   equal employment opportunity commission or New York divi-
    43  sion of human rights, or other complaint that  has  not  been  filed  in
    44  state or federal court, if the act or omission from which such complaint
    45  arose  involved  sexual  harassment.    The office of employee relations
    46  shall not approve such agreement to the extent such agreement includes a
    47  proposal for the state to indemnify and save harmless  an  employee  for
    48  the employee's individual liability with respect to the complaint.
    49    §  2. Section 17 of the public officers law is amended by adding a new
    50  subdivision 12 to read as follows:
    51    12. (a) For the purposes of this section,  "sexual  harassment"  shall
    52  include  unwelcome sexual advances, requests for sexual favors, or other
    53  verbal or physical conduct of a sexual nature when:  (i)  submission  to

        S. 7511--A                         26                         A. 9511--A
     1  such conduct is made either explicitly or implicitly a term or condition
     2  of  an  individual's employment; (ii) submission to or rejection of such
     3  conduct by an individual is used as the basis for  employment  decisions
     4  affecting  such  individual;  or  (iii)  such conduct has the purpose or
     5  effect of interfering with an individual's work performance or  creating
     6  an intimidating, hostile, or offensive working environment.
     7    (b)  Notwithstanding  any  provision of this article or law, the state
     8  shall not indemnify and save harmless an employee in the amount  of  any
     9  judgment  obtained  against such employee in any state or federal court,
    10  or in the amount of any settlement of a claim, and shall  not  pay  such
    11  judgment  or  settlement if the act or omission from which such judgment
    12  or settlement arose involved sexual harassment.
    13    § 3. Paragraph (d) of subdivision 4 of section 18 of the public  offi-
    14  cers law is relettered paragraph (e) and a new paragraph (d) is added to
    15  read as follows:
    16    (d)(i)  For  the  purposes  of this section, "sexual harassment" shall
    17  include unwelcome sexual advances, requests for sexual favors, or  other
    18  verbal  or  physical  conduct of a sexual nature when: (A) submission to
    19  such conduct is made either explicitly or implicitly a term or condition
    20  of an individual's employment; (B) submission to or  rejection  of  such
    21  conduct  by  an individual is used as the basis for employment decisions
    22  affecting such individual; or (C) such conduct has the purpose or effect
    23  of interfering with an individual's  work  performance  or  creating  an
    24  intimidating, hostile, or offensive working environment.
    25    (ii)  No  public  entity  shall indemnify or save harmless an employee
    26  with respect to the amount of any judgment obtained against such employ-
    27  ee in any state or federal court, or in the amount of any settlement  of
    28  a  claim, or pay such judgment or settlement if the act or omission from
    29  which such judgment or settlement arose involved sexual harassment.
    30    § 4. This act shall take effect immediately.
    31                                  SUBPART D
    32    Section 1. Section 63 of the executive law is amended by adding a  new
    33  subdivision 17 to read as follows:
    34    17.  (a)  For the purposes of this section, sexual harassment includes
    35  unwelcome sexual advances, requests for sexual favors, and other  verbal
    36  or  physical  conduct  of  a  sexual nature when: (1) submission to such
    37  conduct is made either explicitly or implicitly a term or  condition  of
    38  an  individual's  employment;  (2)  submission  to  or rejection of such
    39  conduct by an individual is used as the basis for  employment  decisions
    40  affecting such individual; or (3) such conduct has the purpose or effect
    41  of  interfering  with  an  individual's  work performance or creating an
    42  intimidating, hostile, or offensive working environment.
    43    (b) Notwithstanding any other law to the contrary, for  any  claim  or
    44  cause  of  action,  whether  filed  or unfiled, actual or potential, and
    45  whether arising under common law, equity, or any provision of  law,  the
    46  factual  foundation  for which involves sexual harassment, in resolving,
    47  by agreed judgment, stipulation, decree, agreement to settle,  assurance
    48  of  discontinuance  or  otherwise, a state agency or a state official or
    49  employee acting in their official capacity shall not have the  authority
    50  to  include or agree to include in such resolution any term or condition
    51  that would prevent the disclosure of  any  or  all  factual  information
    52  related  to  the  action  unless the condition of confidentiality is the
    53  complainant's preference. Any such condition must  be  provided  to  the
    54  complainant,  who  shall have twenty-one days to consider the condition.

        S. 7511--A                         27                         A. 9511--A
     1  If after twenty-one days, such condition is  the  complainant's  prefer-
     2  ence,  such  preference  shall be memorialized in an agreement signed by
     3  the complainant.
     4    § 2. The general municipal law is amended by adding a new section 70-b
     5  to read as follows:
     6    § 70-b. Confidential settlements. a. For the purposes of this section,
     7  sexual harassment includes unwelcome sexual advances, requests for sexu-
     8  al favors, and other verbal or physical conduct of a sexual nature when:
     9  (i) submission to such conduct is made either explicitly or implicitly a
    10  term  or  condition of an individual's employment; (ii) submission to or
    11  rejection of such conduct by an individual is  used  as  the  basis  for
    12  employment  decisions  affecting  such individual; or (iii) such conduct
    13  has the purpose or effect  of  interfering  with  an  individual's  work
    14  performance  or  creating an intimidating, hostile, or offensive working
    15  environment.
    16    b. Notwithstanding any other law to the contrary,  for  any  claim  or
    17  cause  of  action,  whether  filed  or unfiled, actual or potential, and
    18  whether arising under common law, equity, or any provision of  law,  the
    19  factual  foundation  for which involves sexual harassment, in resolving,
    20  by agreed judgment, stipulation, decree, agreement to settle,  assurance
    21  of  discontinuance  or  otherwise,  a municipal corporation, official or
    22  employee acting in their official capacity shall not have the  authority
    23  to  include or agree to include in such resolution any term or condition
    24  that would prevent the disclosure of  any  or  all  factual  information
    25  related  to  the  action  unless the condition of confidentiality is the
    26  complainant's preference. Any such condition must  be  provided  to  the
    27  complainant,  who  shall have twenty-one days to consider the condition.
    28  If after twenty-one days, such condition is  the  complainant's  prefer-
    29  ence,  such  preference  shall be memorialized in an agreement signed by
    30  the complainant.
    31    § 3. This act shall take effect immediately.
    32                                  SUBPART E
    33    Section 1. Subdivision 3 of section 74 of the public officers  law  is
    34  amended by adding a new paragraph j to read as follows:
    35    j. No officer or employee of a state agency, member of the legislature
    36  or  legislative  employee shall commit an act of sexual harassment while
    37  serving in his or her  official  capacity.  For  the  purposes  of  this
    38  section,  "sexual  harassment"  shall include unwelcome sexual advances,
    39  requests for sexual favors, and other verbal or physical  conduct  of  a
    40  sexual  nature when submission to such conduct is made either explicitly
    41  or implicitly  a  term  or  condition  of  an  individual's  employment,
    42  submission  to  or rejection of such conduct by an individual is used as
    43  the basis for employment decisions affecting  such  individual  or  such
    44  conduct  has  the  purpose or effect of interfering with an individual's
    45  work performance or creating  an  intimidating,  hostile,  or  offensive
    46  working environment.
    47    §  2.  Subdivision  4  of  section  74  of the public officers law, as
    48  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
    49  follows:
    50    4.  a.  Violations.  In addition to any penalty contained in any other
    51  provision of law any such officer, member or employee who shall knowing-
    52  ly and intentionally violate any of the provisions of this  section  may
    53  be  fined,  suspended or removed from office or employment in the manner
    54  provided by law. Any such individual  who  knowingly  and  intentionally

        S. 7511--A                         28                         A. 9511--A
     1  violates  the  provisions of paragraph b, c, d or i of subdivision three
     2  of this section shall be subject to a civil penalty in an amount not  to
     3  exceed  ten  thousand dollars and the value of any gift, compensation or
     4  benefit  received as a result of such violation. Any such individual who
     5  knowingly and intentionally violates the provisions of paragraph a, e or
     6  g of subdivision three of this section  shall  be  subject  to  a  civil
     7  penalty  in  an amount not to exceed the value of any gift, compensation
     8  or benefit received as a result of such violation.
     9    b. Sexual harassment violations. In addition to any penalty  contained
    10  in  any  other provision of law any such officer, member or employee who
    11  shall violate the provisions of paragraph j of subdivision three of this
    12  section shall be subject to a  civil  penalty  of  up  to  ten  thousand
    13  dollars,  and  may  be  subject to proceedings for suspension or removal
    14  from office or employment by the  attorney  general  or  in  the  manner
    15  otherwise provided by law or collective bargaining agreement.
    16    §  3.  Subdivision  9 of section 94 of the executive law is amended by
    17  adding a new paragraph (o) to read as follows:
    18    (o) Establish a unit to receive and investigate complaints  of  sexual
    19  harassment  that  constitute  violations  of  paragraph j of subdivision
    20  three of section seventy-four of the  public  officers  law.  Such  unit
    21  shall  maintain  a  phone  number  to  receive complaints, and post such
    22  number and instructions for filing a complaint of sexual  harassment  on
    23  the commission's publicly accessible website.
    24    §  4.  Subdivision 13 of section 94 of the executive law is amended by
    25  adding a new paragraph (d) to read as follows:
    26    (d) For an alleged or possible violation of paragraph j of subdivision
    27  three of section seventy-four of  the  public  officers  law,  filing  a
    28  complaint  shall  not  constitute an election of remedies. An individual
    29  shall not be required to exhaust other available administrative remedies
    30  to file a complaint. Neither the filing of a complaint of the conclusion
    31  of any investigation by the commission shall  restrict  a  complainant's
    32  right  to bring a separate action administratively or in a court of law.
    33  Notice to any complainant shall be provided  upon  the  closure  of  any
    34  investigation.    However, the individual shall notify the commission of
    35  any separate administrative action or action in the court of law  relat-
    36  ing  to the same complaint. The commission may stay the matter before it
    37  pending the determination/conclusion of the separate action.
    38    § 5. This act shall take effect immediately.
    39                                  SUBPART F
    40    Section 1. The executive law is amended by adding a new section 655 to
    41  read as follows:
    42    § 655. Sexual harassment prevention  policy.  a.  Notwithstanding  any
    43  other provision of law to the contrary, the office of employee relations
    44  shall  develop a sexual harassment prevention policy, applicable to each
    45  agency, office or department, which shall include  investigation  proce-
    46  dures  and  a standard complaint form.  The sexual harassment prevention
    47  policy shall include, but not be limited to, the following elements:
    48    (i) Definitions. For the purposes of this section, the following terms
    49  shall have the following meanings:
    50    (A) "sexual  harassment"  shall  include  unwelcome  sexual  advances,
    51  requests  for  sexual  favors, and other verbal or physical conduct of a
    52  sexual nature when: (1)  submission  to  such  conduct  is  made  either
    53  explicitly  or implicitly a term or condition of an individual's employ-
    54  ment; (2) submission to or rejection of such conduct by an individual is

        S. 7511--A                         29                         A. 9511--A
     1  used as the basis for employment decisions affecting such individual; or
     2  (3) such conduct has the purpose or effect of interfering with an  indi-
     3  vidual's  work  performance  or  creating  an  intimidating, hostile, or
     4  offensive working environment.
     5    (B)  "employee" shall include any agency, office or department employ-
     6  ee, contractor, or employee of any contractor or other individual in the
     7  workplace of any agency, office or department.
     8    (ii) Instructions to file a complaint.  (A) Complaints may be filed by
     9  an employee to any supervisor, managerial employee,  personnel  adminis-
    10  trator, or affirmative action administrator.  Any supervisory or manage-
    11  rial  employee  who  observes or otherwise becomes aware of conduct of a
    12  sexually harassing nature, must report such conduct as set forth in  the
    13  complaint  procedure  so  that  it can be investigated. If the office of
    14  employment relations otherwise becomes aware of conduct  of  a  sexually
    15  harassing  nature, it shall ensure an investigation is opened immediate-
    16  ly.
    17    (B) A standard complaint form. A  standard  complaint  form  shall  be
    18  available  to  every  employee  on  the  agency, office, or department's
    19  intranet. If an employee makes an oral complaint, the  person  receiving
    20  such  complaint  shall  encourage  the  employee  to fill out a standard
    21  complaint form. If the employee does not fill out  the  complaint  form,
    22  the person shall fill out such form based on the oral reporting.
    23    (iii)  Investigation  procedure.  (A) The office of employee relations
    24  shall designate  an  individual  to  investigate  complaints  of  sexual
    25  harassment  for  each  agency, office, and department. Upon receipt of a
    26  complaint of  sexual  harassment,  a  supervisor,  managerial  employee,
    27  personnel administrator, or affirmative action administrator shall imme-
    28  diately  report  such  complaint to the designated individual, who shall
    29  open an investigation. The designated individual shall ensure that he or
    30  she does not have a conflict of  interest  in  the  allegations  in  the
    31  complaint, and if there is any suspected conflict of interest, the indi-
    32  vidual  shall immediately notify the office of employee relations, which
    33  shall designate a new individual to conduct the investigation.
    34    (B) An investigation into a complaint of sexual harassment shall  take
    35  no more than ninety days from the filing of the complaint. If additional
    36  time  is  needed  to  complete an investigation due to its complexity, a
    37  request for an extension may be submitted  to  the  office  of  employee
    38  relations.
    39    (C)  Any  complaint  of  sexual  harassment will be kept confidential,
    40  including the identity of the complainant, witnesses and the identity of
    41  the alleged harasser to the extent practicable during the course of  the
    42  investigations.
    43    (D)  Any  appropriate  remedial  steps  may be taken to prevent intim-
    44  idation, retaliation, or coercion of  the  complainant  by  the  alleged
    45  harasser.  Such steps may include, but not be limited to, preventing the
    46  alleged  harasser from contacting the complainant or from discussing the
    47  substance of the complaint with the complainant, or removing the alleged
    48  harasser from the workplace.
    49    (E) Such procedures shall also include, at a minimum:
    50    (1) the development of a preliminary investigation plan,  which  shall
    51  include at a minimum:
    52    (I)  an examination of: the circumstances surrounding the allegations;
    53  the employment history of the parties; the place, date, location,  time,
    54  and  duration  of the incident in question; and prior relevant incidents
    55  or allegations, whether reported or unreported;

        S. 7511--A                         30                         A. 9511--A
     1    (II) identification of the  complainant,  alleged  harasser,  and  any
     2  relevant witnesses;
     3    (III)  identification  and  communication of any legal hold request on
     4  any relevant documents, emails or phone records to legal counsel; and
     5    (IV) a determination of any necessary site visits;
     6    (2) an interview of the complainant, where necessary;
     7    (3) an interview of the alleged harasser, where necessary, which shall
     8  conform to the requirements  of  any  applicable  collective  bargaining
     9  agreement or law; and
    10    (4) any other relevant information relating to the allegations.
    11    (iv)  Completion of the investigation.  (A) After the completion of an
    12  investigation, the individual  who  conducted  the  investigation  shall
    13  draft  a  report,  using  a  standard  format developed by the office of
    14  employee relations. Such report shall contain, at minimum, a summary  of
    15  relevant  documents; a list of all individuals interviewed and a summary
    16  of their statements; a timeline of events; a summary of  prior  relevant
    17  incidents; and an analysis of the allegations and evidence.
    18    (B)  The  report  shall  be  submitted  to  the counsel at the agency,
    19  office, or department for review and recommendation. No more than thirty
    20  days after the completion of such investigation, a  legal  determination
    21  shall  be  issued.  If  there is a determination that the complaint or a
    22  component of such complaint is substantiated, appropriate administrative
    23  action shall be taken, which shall conform to any applicable  collective
    24  bargaining agreement or law.
    25    b.  Such  policy shall also include, but not be limited to the follow-
    26  ing:
    27    (i) Contain a statement that sexual harassment is unlawful pursuant to
    28  state and federal civil rights laws, and shall be prohibited conduct  in
    29  all state agencies, offices, and departments;
    30    (ii)  Contain  a  statement  that  retaliation  against a complainant,
    31  witness or any other individual participating in the investigation proc-
    32  ess is unlawful and will not be tolerated;
    33    (iii) Contain a statement that employees also have the right to file a
    34  complaint with the U.S. Equal Employment Opportunity Commission, and the
    35  New York division of human rights;
    36    (iv) Contain a statement that employees of state entities also have  a
    37  right  to  file  a complaint with the joint commission on public ethics,
    38  which shall include the contact information for employees to use to file
    39  such a complaint;
    40    (v) Copies of the sexual harassment policy, as well as directions  for
    41  filing a complaint, shall be distributed to all employees of state agen-
    42  cies,  offices,  departments,  including  the  executive department upon
    43  commencing employment and annually thereafter; and
    44    (vi) Provisions for appropriate annual interactive  training  for  all
    45  employees  of  state  agencies,  offices, and departments, including the
    46  executive department.
    47    c. Nothing in this section shall grant any additional legal rights  to
    48  any employee and nothing herein abrogates compliance with any law, rule,
    49  or  regulation  that  grants  rights  to  an  employee. Where there is a
    50  conflict between any collective bargaining agreement and  this  section,
    51  such agreement shall be controlling.
    52    §  2.  Article  5  of  the  legislative law is amended by adding a new
    53  section 81 to read as follows:
    54    § 81. Sexual harassment  prevention  policy.  1.  Notwithstanding  any
    55  other  provision  of law to the contrary, the legislative ethics commis-
    56  sion shall develop a sexual harassment prevention policy, applicable  to

        S. 7511--A                         31                         A. 9511--A
     1  the  legislature  and  all  legislative  employees,  which shall include
     2  investigation procedures and  a  standard  complaint  form.  The  sexual
     3  harassment  prevention  policy shall include, but not be limited to, the
     4  following elements:
     5    (a)  Definitions.  The  following terms shall have the following mean-
     6  ings:
     7    (i) "sexual  harassment"  shall  include  unwelcome  sexual  advances,
     8  requests  for  sexual  favors, and other verbal or physical conduct of a
     9  sexual nature when:   (A) submission to  such  conduct  is  made  either
    10  explicitly  or implicitly a term or condition of an individual's employ-
    11  ment; (B) submission to or rejection of such conduct by an individual is
    12  used as the basis for employment decisions affecting such individual; or
    13  (C) such conduct has the purpose or effect of interfering with an  indi-
    14  vidual's  work  performance  or  creating  an  intimidating, hostile, or
    15  offensive working environment.
    16    (ii) "employee" shall include any legislative employee, contractor, or
    17  employee of any contractor or other individual in the workplace  of  the
    18  legislature.
    19    (b)  Instructions  to file a complaint. (i) Complaints may be filed by
    20  an employee to any supervisor, managerial employee,  personnel  adminis-
    21  trator,  or affirmative action administrator. Any supervisory or manage-
    22  rial employee who observes or otherwise becomes aware of  conduct  of  a
    23  sexually  harassing nature, must report such conduct as set forth in the
    24  complaint procedure so that it can be investigated. If  the  legislative
    25  ethics  commission  otherwise  becomes  aware  of  conduct of a sexually
    26  harassing nature, it shall ensure an investigation is opened  immediate-
    27  ly.
    28    (ii)  A  standard  complaint  form. A standard complaint form shall be
    29  available to every employee of the legislature. If an employee makes  an
    30  oral  complaint, the person receiving such complaint shall encourage the
    31  employee to fill out a standard complaint form. If the employee does not
    32  fill out the complaint form, the person shall fill out such  form  based
    33  on the oral reporting.
    34    (c)  Investigation  procedure.  (i)  The legislative ethics commission
    35  shall designate  an  individual  to  investigate  complaints  of  sexual
    36  harassment.   Upon receipt of a complaint of sexual harassment, a super-
    37  visor, managerial  employee,  personnel  administrator,  or  affirmative
    38  action  administrator  shall  immediately  report  such complaint to the
    39  designated individual, who shall open an investigation.  The  designated
    40  individual  shall  ensure  that  he  or  she does not have a conflict of
    41  interest in the allegations in  the  complaint,  and  if  there  is  any
    42  conflict of interest, the individual shall immediately notify the legis-
    43  lative  ethics  commission,  which  shall  designate a new individual to
    44  conduct the investigation.
    45    (ii) An investigation into a complaint of sexual harassment shall take
    46  no more than ninety days from the filing of the complaint. If additional
    47  time is needed to complete an investigation due  to  its  complexity,  a
    48  request  for  an  extension  may  be submitted to the legislative ethics
    49  commission.
    50    (iii) Any complaint of sexual harassment will  be  kept  confidential,
    51  including the identity of complainant, witnesses and the identity of the
    52  alleged  harasser  to  the  extent  practicable during the course of the
    53  investigations.
    54    (iv) Any appropriate remedial steps may be  taken  to  prevent  intim-
    55  idation,  retaliation,  or  coercion  of  the complainant by the alleged
    56  harasser. Such steps may include, but not be limited to, preventing  the

        S. 7511--A                         32                         A. 9511--A
     1  alleged  harasser from contacting the complainant or from discussing the
     2  substance of the complaint with the complainant.
     3    (v) Such procedures shall also include, at a minimum:
     4    (A)  the  development of a preliminary investigation plan, which shall
     5  include at a minimum:
     6    (1) an examination of: the circumstances surrounding the  allegations;
     7  the  employment history of the parties; the place, date, location, time,
     8  and duration of the incident in question; and prior  relevant  incidents
     9  or allegations, whether reported or unreported;
    10    (2) identification of the complainant, alleged harasser, and any rele-
    11  vant witnesses;
    12    (3)  identification and communication of any legal hold request on any
    13  relevant documents, emails or phone records to legal counsel; and
    14    (4) a determination of any necessary site visits;
    15    (B) an interview of the complainant, where necessary;
    16    (C) an interview of the alleged harasser, where necessary, which shall
    17  conform to the requirements  of  any  applicable  collective  bargaining
    18  agreement or law; and
    19    (D) any other relevant information relating to the allegations.
    20    (d)  Completion  of  the investigation. (i) After the completion of an
    21  investigation, the individual  who  conducted  the  investigation  shall
    22  draft  a  report,  using  a standard format developed by the legislative
    23  ethics commission. Such report shall contain, at a minimum, a summary of
    24  relevant documents; a list of all individuals interviewed and a  summary
    25  of  their  statements; a timeline of events; a summary of prior relevant
    26  incidents; and an analysis of the allegations and evidence.
    27    (ii) The report shall be submitted to an individual designated by  the
    28  legislative  ethics  commission  to  review  the report and make a legal
    29  recommendation. No more than thirty days after the  completion  of  such
    30  investigation,  a  legal  determination  shall  be issued. If there is a
    31  determination that the complaint or a component  of  such  complaint  is
    32  substantiated,  appropriate  administrative action shall be taken, which
    33  shall conform to any applicable collective bargaining agreement or law.
    34    2. Such policy shall also include, but not be limited to  the  follow-
    35  ing:
    36    (a) Contain a statement that sexual harassment is unlawful pursuant to
    37  state  and federal civil rights laws, and shall be prohibited conduct in
    38  the legislature;
    39    (b) Contain  a  statement  that  retaliation  against  a  complainant,
    40  witness or any other individual participating in the investigation proc-
    41  ess is unlawful and will not be tolerated;
    42    (c)  Contain  a statement that employees also have the right to file a
    43  complaint with the U.S. Equal Employment Opportunity Commission, and the
    44  New York division of human rights;
    45    (d) Contain a statement that employees of state entities also  have  a
    46  right  to  file  a complaint with the joint commission on public ethics,
    47  which shall include the contact information for employees to use to file
    48  such a complaint;
    49    (e) Copies of the sexual harassment policy, as well as directions  for
    50  filing  a complaint, shall be distributed to all employees of the legis-
    51  lature upon commencing employment and annually thereafter; and
    52    (f) Provisions for appropriate annual  interactive  training  for  all
    53  employees of the legislature.
    54    3.  Nothing in this section shall grant any additional legal rights to
    55  any employee and nothing in this section abrogates compliance  with  any
    56  law,  rule, or regulation that grants rights to an employee. Where there

        S. 7511--A                         33                         A. 9511--A
     1  is a conflict between  any  collective  bargaining  agreement  and  this
     2  section, such agreement shall be controlling.
     3    §  3.  The  judiciary  law is amended by adding a new section 219-d to
     4  read as follows:
     5    § 219-d. Sexual harassment prevention policy. 1.  Notwithstanding  any
     6  other  provision  of  law  to the contrary, the office of court adminis-
     7  tration shall develop a sexual harassment prevention policy,  applicable
     8  to the judiciary and all judiciary employees, which shall include inves-
     9  tigation procedures and a standard complaint form. The sexual harassment
    10  prevention  policy  shall  include, but not be limited to, the following
    11  elements:
    12    (a) Definitions. For the purposes of this section, the following terms
    13  shall have the following meanings:
    14    (i) "sexual  harassment"  shall  include  unwelcome  sexual  advances,
    15  requests  for  sexual  favors, and other verbal or physical conduct of a
    16  sexual nature when: (A)  submission  to  such  conduct  is  made  either
    17  explicitly  or implicitly a term or condition of an individual's employ-
    18  ment; (B) submission to or rejection of such conduct by an individual is
    19  used as the basis for employment decisions affecting such individual; or
    20  (C) such conduct has the purpose or effect of interfering with an  indi-
    21  vidual's  work  performance  or  creating  an  intimidating, hostile, or
    22  offensive working environment.
    23    (ii) "employee" shall include any employee, contractor, or employee of
    24  any contractor or other individual in the work place of the judiciary.
    25    (b) Instructions to file a complaint.  (i) Complaints may be filed  by
    26  an  employee  to any supervisor, managerial employee, personnel adminis-
    27  trator, or affirmative action administrator. Any supervisory or  manage-
    28  rial  employee  who  observes or otherwise becomes aware of conduct of a
    29  sexually harassing nature, must report such conduct as set forth in  the
    30  complaint  procedure  so  that  it can be investigated. If the office of
    31  court administration otherwise becomes aware of conduct  of  a  sexually
    32  harassing  nature, it shall ensure an investigation is opened immediate-
    33  ly.
    34    (ii) A standard complaint form. A standard  complaint  form  shall  be
    35  available  to  every  employee in the judiciary. If an employee makes an
    36  oral complaint, the person receiving such complaint shall encourage  the
    37  employee to fill out a standard complaint form. If the employee does not
    38  fill  out  the complaint form, the person shall fill out such form based
    39  on the oral reporting.
    40    (c) Investigation procedure. (i) The office  of  court  administration
    41  shall  designate  an  individual  to  investigate  complaints  of sexual
    42  harassment. Upon receipt of a complaint of sexual harassment, a supervi-
    43  sor, managerial employee, personnel administrator, or affirmative action
    44  administrator shall immediately report such complaint to the  designated
    45  individual,  who  shall open an investigation. The designated individual
    46  shall ensure that he or she does not have a conflict of interest in  the
    47  allegations  in the complaint, and if there is any conflict of interest,
    48  the individual shall immediately notify the  office  of  court  adminis-
    49  tration,  which shall designate a new individual to conduct the investi-
    50  gation.
    51    (ii) An investigation into a complaint of sexual harassment shall take
    52  no more than ninety days from the filing of the complaint. If additional
    53  time is needed to complete an investigation due  to  its  complexity,  a
    54  request  for an extension may be submitted to the office of court admin-
    55  istration.

        S. 7511--A                         34                         A. 9511--A
     1    (iii) Any complaint of sexual harassment will  be  kept  confidential,
     2  including the identity of the complainant, witnesses and the identity of
     3  the  alleged harasser to the extent practicable during the course of the
     4  investigations.
     5    (iv)  Any  appropriate  remedial  steps may be taken to prevent intim-
     6  idation, retaliation, or coercion of  the  complainant  by  the  alleged
     7  harasser.  Such steps may include, but not be limited to, preventing the
     8  alleged  harasser from contacting the complainant or from discussing the
     9  substance of the complaint with the complainant.
    10    (v) Such procedures shall also include, at a minimum:
    11    (A) the development of a preliminary investigation plan,  which  shall
    12  include at a minimum:
    13    (1)  an examination of: the circumstances surrounding the allegations;
    14  the employment history of the parties; the place, date, location,  time,
    15  and  duration  of the incident in question; and prior relevant incidents
    16  or allegations, whether reported or unreported;
    17    (2) identification of the complainant, alleged harasser, and any rele-
    18  vant witnesses;
    19    (3) identification and communication of any legal hold request on  any
    20  relevant documents, emails or phone records to legal counsel; and
    21    (4) a determination of any necessary site visits;
    22    (B) an interview of the complainant, where necessary;
    23    (C) an interview of the alleged harasser, where necessary, which shall
    24  conform  to  the  requirements  of  any applicable collective bargaining
    25  agreement or law; and
    26    (D) any other relevant information relating to the allegations.
    27    (d) Completion of the investigation. (i) After the  completion  of  an
    28  investigation,  the  individual  who  conducted  the investigation shall
    29  draft a report, using a standard format developed by the office of court
    30  administration. Such report shall contain, at a minimum,  a  summary  of
    31  relevant  documents; a list of all individuals interviewed and a summary
    32  of their statements; a timeline of events; a summary of  prior  relevant
    33  incidents; and an analysis of the allegations and evidence.
    34    (ii)  The report shall be submitted to an individual designated by the
    35  legislative ethics commission to review the  report  and  make  a  legal
    36  recommendation.  No  more  than thirty days after the completion of such
    37  investigation, a legal determination shall be  issued.  If  there  is  a
    38  determination  that  the  complaint  or a component of such complaint is
    39  substantiated, appropriate administrative action shall be  taken,  which
    40  shall conform to any applicable collective bargaining agreement or law.
    41    2.  Such  policy shall also include, but not be limited to the follow-
    42  ing:
    43    (a) Contain a statement that sexual harassment is unlawful pursuant to
    44  state and federal civil rights laws, and shall be prohibited conduct  in
    45  the judiciary;
    46    (b)  Contain  a  statement  that  retaliation  against  a complainant,
    47  witness or any other individual participating in the investigation proc-
    48  ess is unlawful and will not be tolerated;
    49    (c) Contain a statement that employees also have the right to  file  a
    50  complaint with the U.S. Equal Employment Opportunity Commission, and the
    51  New York division of human rights;
    52    (d)  Contain  a statement that employees of state entities also have a
    53  right to file a complaint with the joint commission  on  public  ethics,
    54  which shall include the contact information for employees to use to file
    55  such a complaint;

        S. 7511--A                         35                         A. 9511--A
     1    (e)  Copies of the sexual harassment policy, as well as directions for
     2  filing a complaint, shall be distributed to all employees of the  legis-
     3  lature upon commencing employment and annually thereafter; and
     4    (f)  Provisions  for  appropriate  annual interactive training for all
     5  employees of the judiciary.
     6    3. Nothing in this section shall grant any additional legal rights  to
     7  any  employee  and nothing in this section abrogates compliance with any
     8  law, rule, or regulation that grants rights to an employee. Where  there
     9  is  a  conflict  between  any  collective  bargaining agreement and this
    10  section, such agreement shall be controlling.
    11    § 4. The general municipal law is amended by adding a new section  686
    12  to read as follows:
    13    §  686.  Sexual  harassment  prevention policy. 1. Notwithstanding any
    14  other provision of law  to  the  contrary,  every  county,  city,  town,
    15  village,  school  district and other political subdivision shall require
    16  its legal counsel to develop  a  sexual  harassment  prevention  policy,
    17  applicable  to  all employees of such political subdivision, which shall
    18  include investigation procedures and  a  standard  complaint  form.  The
    19  sexual  harassment  prevention  policy shall include, but not be limited
    20  to, the following elements:
    21    (a) Definitions. For the purposes of this section, the following terms
    22  shall have the following meanings:
    23    (i) "sexual  harassment"  shall  include  unwelcome  sexual  advances,
    24  requests  for  sexual  favors, and other verbal or physical conduct of a
    25  sexual nature when: (A)  submission  to  such  conduct  is  made  either
    26  explicitly  or implicitly a term or condition of an individual's employ-
    27  ment; (B) submission to or rejecting of such conduct by an individual is
    28  used as the basis for employment decisions affecting such individual; or
    29  (C) such conduct has the purpose or effect of interfering with an  indi-
    30  vidual's  work  performance  or  creating  an  intimidating, hostile, or
    31  offensive working environment.
    32    (ii) "employee" shall include any employee or contractor of the  poli-
    33  tical  subdivision  or  any  employee,  contractor,  or  employee of any
    34  contractor or other individual in the workplace of the political  subdi-
    35  vision.
    36    (b)  Instructions  to file a complaint. (i) Complaints may be filed by
    37  an employee with any supervisor, managerial employee, personnel adminis-
    38  trator, or affirmative action administrator. Any supervisory or  manage-
    39  rial  employee  who  observes or otherwise becomes aware of conduct of a
    40  sexually harassing nature, must report such conduct as set forth in  the
    41  complaint procedure so that it can be investigated. If the legal counsel
    42  of  the  political  subdivision  becomes  aware of conduct of a sexually
    43  harassing nature, it shall ensure an investigation is opened  immediate-
    44  ly.
    45    (ii)  A  standard  complaint  form. A standard complaint form shall be
    46  available to every employee in the political subdivision. If an employee
    47  makes an oral complaint,  the  person  receiving  such  complaint  shall
    48  encourage  the  employee  to  fill out a standard complaint form. If the
    49  employee does not fill out the complaint form, the person shall fill out
    50  such form based on the oral reporting.
    51    (c) Investigation procedure. (i) The legal counsel shall designate  an
    52  individual  or  office  to  investigate complaints of sexual harassment.
    53  Upon receipt of a complaint of sexual harassment, a supervisor,  manage-
    54  rial  employee,  personnel administrator, or affirmative action adminis-
    55  trator shall immediately report such complaint to the  designated  indi-
    56  vidual, who shall open an investigation. The designated individual shall

        S. 7511--A                         36                         A. 9511--A
     1  ensure  that he or she does not have a conflict of interest in the alle-
     2  gations in the complaint, and if there is any conflict of interest,  the
     3  individual  shall  immediately  notify  the  legal  counsel, which shall
     4  designate a new individual to conduct the investigation.
     5    (ii) An investigation into a complaint of sexual harassment shall take
     6  no more than ninety days from the filing of the complaint. If additional
     7  time  is  needed  to  complete an investigation due to its complexity, a
     8  request for an extension may be submitted to the legal counsel.
     9    (iii) Any complaint of sexual harassment will  be  kept  confidential,
    10  including the identity of complainant, witnesses and the identity of the
    11  alleged  harasser  to  the  extent  practicable during the course of the
    12  investigations.
    13    (iv) Any appropriate remedial steps may be  taken  to  prevent  intim-
    14  idation,  retaliation,  or  coercion  of  the complainant by the alleged
    15  harasser. Such steps may include, but not be limited to, preventing  the
    16  alleged  harasser from contacting the complainant or from discussing the
    17  substance of the complaint with the complainant.
    18    (v) Such procedures shall also include, at a minimum:
    19    (1) the development of a preliminary investigation plan,  which  shall
    20  include at a minimum:
    21    (I)  an examination of: the circumstances surrounding the allegations;
    22  the employment history of the parties; the place, date, location,  time,
    23  and  duration  of the incident in question; and prior relevant incidents
    24  or allegations, whether reported or unreported;
    25    (II) identification of the  complainant,  alleged  harasser,  and  any
    26  relevant witnesses;
    27    (III)  identification  and  communication of any legal hold request on
    28  any relevant documents, emails or phone records to legal counsel; and
    29    (IV) a determination of any necessary site visits;
    30    (2) an interview of the complainant, where necessary;
    31    (3) an interview of the alleged harasser, where necessary, which shall
    32  conform to the requirements  of  any  applicable  collective  bargaining
    33  agreement or law; and
    34    (4) any other relevant information relating to the allegations.
    35    (d)  Completion  of  the investigation. (i) After the completion of an
    36  investigation, the individual  who  conducted  the  investigation  shall
    37  draft  a report, using a standard format developed by the legal counsel.
    38  Such report shall contain, at minimum, a summary of relevant  documents;
    39  a list of all individuals interviewed and a summary of their statements;
    40  a  timeline  of  events;  a  summary of prior relevant incidents; and an
    41  analysis of the allegations and evidence.
    42    (ii) The report shall be submitted to an individual designated by  the
    43  legal  counsel  to review the report and make a legal recommendation. No
    44  more than thirty days after the  completion  of  such  investigation,  a
    45  legal  determination  shall  be issued. If there is a determination that
    46  the complaint or a component of such complaint is substantiated,  appro-
    47  priate  administrative action shall be taken, which shall conform to any
    48  applicable collective bargaining agreement or law.
    49    2. Such policy shall also include, but not be limited to  the  follow-
    50  ing:
    51    (a) Contain a statement that sexual harassment is unlawful pursuant to
    52  state and federal civil rights laws, and shall be prohibited conduct;
    53    (b)  Contain  a  statement  that  retaliation  against  a complainant,
    54  witness or any other individual participating in the investigation proc-
    55  ess is unlawful and will not be tolerated;

        S. 7511--A                         37                         A. 9511--A
     1    (c) Contain a statement that employees also have the right to  file  a
     2  complaint  with  the U.S.   Equal Employment Opportunity Commission, and
     3  the New York division of human rights;
     4    (d)  Copies of the sexual harassment policy, as well as directions for
     5  filing a complaint, shall be distributed to all employees of  the  poli-
     6  tical  subdivision  upon  commencing employment and annually thereafter;
     7  and
     8    (e) Provisions for appropriate annual  interactive  training  for  all
     9  employees of the political subdivision.
    10    3.  Nothing in this section shall grant any additional legal rights to
    11  any employee and nothing in this section abrogates compliance  with  any
    12  law, rule, or regulation that grants rights to an employee.  Where there
    13  is  a  conflict  between  any  collective  bargaining agreement and this
    14  section, such agreement shall be controlling.
    15    § 5. The public authorities law is amended by  adding  a  new  section
    16  2854 to read as follows:
    17    §  2854.  Sexual  harassment prevention policy. 1. Notwithstanding any
    18  other provision of law to the contrary, every state and local  authority
    19  shall   require  its  legal  counsel  to  develop  a  sexual  harassment
    20  prevention policy, applicable to all employees of such authority,  which
    21  shall  include  investigation  procedures and a standard complaint form.
    22  The sexual harassment prevention policy shall include, but not be limit-
    23  ed to, the following elements:
    24    (a) Definitions. For the purposes of this section, the following terms
    25  shall have the following meanings:
    26    (i) "sexual  harassment"  shall  include  unwelcome  sexual  advances,
    27  requests  for  sexual  favors, and other verbal or physical conduct of a
    28  sexual nature when: (A)  submission  to  such  conduct  is  made  either
    29  explicitly  or implicitly a term or condition of an individual's employ-
    30  ment; (B) submission to or rejection of such conduct by an individual is
    31  used as the basis for employment decisions affecting such individual; or
    32  (C) such conduct has the purpose or effect of interfering with an  indi-
    33  vidual's  work  performance  or  creating  an  intimidating, hostile, or
    34  offensive working environment.
    35    (ii) "employee" shall  include  any  employee  or  contractor  of  the
    36  authority, or any employee, contractor, or employee of any contractor or
    37  other individual in the workplace of the authority.
    38    (b)  Instructions  to file a complaint. (i) Complaints may be filed by
    39  an employee with any supervisor, managerial employee, personnel adminis-
    40  trator, or affirmative action administrator. Any supervisory or  manage-
    41  rial  employee  who  observes or otherwise becomes aware of conduct of a
    42  sexually harassing nature, must report such conduct as set forth in  the
    43  complaint procedure so that it can be investigated. If the legal counsel
    44  becomes aware of conduct of a sexually harassing nature, it shall ensure
    45  an investigation is opened immediately.
    46    (ii)  A  standard  complaint  form. A standard complaint form shall be
    47  available to every employee of the authority. If an  employee  makes  an
    48  oral  complaint, the person receiving such complaint shall encourage the
    49  employee to fill out a standard complaint form. If the employee does not
    50  fill out the complaint form, the person shall fill out such  form  based
    51  on the oral reporting.
    52    (c)  Investigation procedure. (i) The legal counsel shall designate an
    53  individual to  investigate  complaints  of  sexual  harassment  for  the
    54  authority.  Upon receipt of a complaint of sexual harassment, a supervi-
    55  sor, managerial employee, personnel administrator, or affirmative action
    56  administrator shall immediately report such complaint to the  designated

        S. 7511--A                         38                         A. 9511--A
     1  individual,  who  shall open an investigation. The designated individual
     2  shall ensure that he or she does not have a conflict of interest in  the
     3  allegation  in  the complaint, and if there is any conflict of interest,
     4  the  individual  shall immediately notify the legal counsel, which shall
     5  designate a new individual to conduct the investigation.
     6    (ii) An investigation into a complaint of sexual harassment shall take
     7  no more than ninety days from the filing of the complaint. If additional
     8  time is needed to complete an investigation due  to  its  complexity,  a
     9  request for an extension may be submitted to the authority.
    10    (iii)  Any  complaint  of sexual harassment will be kept confidential,
    11  including the identity of the complainant, witnesses and the identity of
    12  the alleged harasser to the extent practicable during the course of  the
    13  investigations.
    14    (iv)  Any  appropriate  remedial  steps may be taken to prevent intim-
    15  idation, retaliation, or coercion of  the  complainant  by  the  alleged
    16  harasser.  Such steps may include, but not be limited to, preventing the
    17  alleged  harasser from contacting the complainant or from discussing the
    18  substance of the complaint with the complainant.
    19    (v) Such procedures shall also include, at a minimum:
    20    (A) the development of a preliminary investigation plan,  which  shall
    21  include at a minimum:
    22    (1)  an examination of: the circumstances surrounding the allegations;
    23  the employment history of the parties; the place, date, location,  time,
    24  and  duration  of the incident in question; and prior relevant incidents
    25  or allegations, whether reported or unreported;
    26    (2) identification of the complainant, alleged harasser, and any rele-
    27  vant witnesses;
    28    (3) identification and communication of any legal hold request on  any
    29  relevant documents, emails or phone records to legal counsel; and
    30    (4) a determination of any necessary site visits;
    31    (B) an interview of the complainant, where necessary;
    32    (C) an interview of the alleged harasser, where necessary, which shall
    33  conform  to  the  requirements  of  any applicable collective bargaining
    34  agreement or law;
    35    (D) any other relevant information relating to the allegations.
    36    (d) Completion of the investigation.  (i) After the completion  of  an
    37  investigation,  the  individual  who  conducted  the investigation shall
    38  draft a report, using a standard format developed by the legal  counsel.
    39  Such  report shall contain, at minimum, a summary of relevant documents;
    40  a list of all individuals interviewed and a summary of their statements;
    41  a timeline of events; a summary of  prior  relevant  incidents;  and  an
    42  analysis of the allegations and evidence.
    43    (ii)  The  report  shall  be  submitted to an individual designated to
    44  review the report and make a legal recommendation. No more  than  thirty
    45  days  after  the completion of such investigation, a legal determination
    46  shall be issued.  If there is a determination that the  complaint  or  a
    47  component of such complaint is substantiated, appropriate administrative
    48  action  shall be taken, which shall conform to any applicable collective
    49  bargaining agreement or law.
    50    2. Such policy shall also include, but not be limited to  the  follow-
    51  ing:
    52    (a) Contain a statement that sexual harassment is unlawful pursuant to
    53  state and federal civil rights laws, and shall be prohibited conduct;
    54    (b)  Contain  a  statement  that  retaliation  against  a complainant,
    55  witness or any other individual participating in the investigation proc-
    56  ess is unlawful and will not be tolerated;

        S. 7511--A                         39                         A. 9511--A
     1    (c) Contain a statement that employees also have the right to  file  a
     2  complaint  with  the U.S.   Equal Employment Opportunity Commission, and
     3  the New York division of human rights;
     4    (d)  Contain  a statement that employees of state entities also have a
     5  right to file a complaint with the joint commission  on  public  ethics,
     6  which shall include the contact information for employees to use to file
     7  such a complaint;
     8    (e)  Copies of the sexual harassment policy, as well as directions for
     9  filing a complaint, shall be distributed to all employees of the author-
    10  ity upon commencing employment and annually thereafter; and
    11    (f) Provisions for appropriate annual  interactive  training  for  all
    12  employees of the authority.
    13    3.  Nothing in this section shall grant any additional legal rights to
    14  any employee and nothing in this section abrogates compliance  with  any
    15  law,  rule, or regulation that grants rights to an employee. Where there
    16  is a conflict between  any  collective  bargaining  agreement  and  this
    17  section, such agreement shall be controlling.
    18    §  6. This act shall take effect one year after it shall have become a
    19  law. Effective immediately, the addition, amendment and/or repeal of any
    20  rule or regulation necessary for the implementation of this act  on  its
    21  effective date are authorized to be made and completed on or before such
    22  effective date.
    23    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    24  sion,  section  or subpart of this act shall be adjudged by any court of
    25  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    26  impair,  or  invalidate  the remainder thereof, but shall be confined in
    27  its operation to the clause, sentence, paragraph,  subdivision,  section
    28  or  subject  thereof  directly involved in the controversy in which such
    29  judgment shall have been rendered. It  is  hereby  declared  to  be  the
    30  intent  of the legislature that this act would have been enacted even if
    31  such invalid provisions had not been included herein.
    32    § 3. This act shall take effect immediately; provided,  however,  that
    33  the  applicable effective date of Subparts A through F of this act shall
    34  be as specifically set forth in the last section of such Subparts.
    35                                   PART J
    36    Section 1. Computer science education  standards.  1.    The  governor
    37  shall  convene  a  working  group of educators, industry experts, insti-
    38  tutions of higher education and employers to review,  develop  or  adapt
    39  existing  frameworks  for  model  kindergarten through grade 12 computer
    40  science standards. In conducting such reviews, the governor  shall  seek
    41  the  recommendations  of teachers, school administrators, teacher educa-
    42  tors and others with educational or technological expertise on  improve-
    43  ments to the standards in order to ensure that students are prepared, in
    44  appropriate progression, for postsecondary education or employment.
    45    2.  On  or  before  March  1,  2019, the working group shall deliver a
    46  report detailing the findings of the working group and model  kindergar-
    47  ten  through  grade 12 computer science standards to the commissioner of
    48  education.
    49    § 2. This act shall take effect immediately.
    50                                   PART K
    51    Section 1. Section 305 of the education law is amended by adding a new
    52  subdivision 58 to read as follows:

        S. 7511--A                         40                         A. 9511--A
     1    58. The commissioner shall establish  and  develop  a  "Be  Aware,  Be
     2  Informed" awareness, prevention and education program within the depart-
     3  ment.  Such  program shall be defined by the commissioner in regulations
     4  after consultation with the department of  health  and  be  designed  to
     5  educate  students  about  healthy  relationships.    Such  program shall
     6  include, but not be limited to:
     7    (a) age-appropriate model curriculum, exemplar lesson plans, and  best
     8  practice  instructional resources for the Be Aware, Be Informed program.
     9  Such model curriculum, lesson plans and instructional resources shall be
    10  inclusive and respectful of all pupils regardless  of  race,  ethnicity,
    11  gender,  disability,  sexual orientation, or gender identity and include
    12  but not be limited to:
    13    (1) Model provisions developed by the commissioner after  consultation
    14  with  experts  in  the  field,  including  the  New York state coalition
    15  against domestic violence, or its successor, and the National  Sexuality
    16  Education Standards;
    17    (2) For students in grades kindergarten through fourth grade:
    18    (i)  identification  and  examination of ideas about healthy relation-
    19  ships and behaviors learned from home, family and the media;
    20    (ii) self-esteem and self-worth;
    21    (iii) friendship and empathy; and
    22    (iv) age-appropriate medically accurate sexual health.
    23    (3) For students in fifth grade through twelfth  grade:  (i)  a  defi-
    24  nition of teen dating violence; (ii) recognition of warning signs estab-
    25  lished by a dating partner; (iii) characteristics of a healthy relation-
    26  ship; (iv) links between bullying and teen dating violence; (v) safe use
    27  of  technology; (vi) a discussion of local community resources for those
    28  in a teen dating  violence  relationship;  (viii)  an  overview  of  the
    29  school's  policies  and procedures on teen dating violence; (ix) an age-
    30  appropriate definition of affirmative consent consistent with that  used
    31  in  section  sixty-four  hundred  forty-one of this chapter; and (x) age
    32  appropriate, medically accurate sexual health.   Provided that  for  the
    33  purposes  of  Be Aware, Be Informed "age appropriate" shall mean topics,
    34  messages, and teaching methods suitable to particular age  and  develop-
    35  mental  levels,  based  on  cognitive,  emotional, social and experience
    36  level of most students at that age level, and "medically accurate" shall
    37  mean information supported by  peer  reviewed,  evidence-based  research
    38  recognized  as  accurate by leading professional organizations and agen-
    39  cies with relevant experience such as the American  Medical  Association
    40  and the Centers for Disease Control and Prevention.
    41    (b) public availability of all materials for the Be Aware, Be Informed
    42  program on a dedicated webpage on the department's internet website, and
    43  provided  at  no  cost  to  every  school district, board of cooperative
    44  educational services, charter school and nonpublic school upon request.
    45    § 2. This act shall take effect immediately.
    46                                   PART L
    47    Section 1. Title 6 of article 2 of the public health law, as added  by
    48  chapter  342 of the laws of 2014, is amended by adding a new section 267
    49  to read as follows:
    50    § 267. Feminine  hygiene  products  in  schools.  All  elementary  and
    51  secondary public schools in the state serving students in any grade from
    52  grade  six  through grade twelve shall provide feminine hygiene products
    53  in the restrooms of such school building  or  buildings.  Such  products
    54  shall be provided at no charge to students.

        S. 7511--A                         41                         A. 9511--A
     1    § 2. This act shall take effect July 1, 2018.
     2                                   PART M
     3    Section  1.  Subdivision  15  of  section  378 of the executive law is
     4  renumbered as subdivision 18.
     5    § 2. Subdivision 16 of section 378 of the executive law is  renumbered
     6  subdivision  15  and two new subdivisions 16 and 17 are added to read as
     7  follows:
     8    16. Standards requiring the installation and maintenance of  at  least
     9  one safe, sanitary, and convenient diaper changing station, deck, table,
    10  or  similar  amenity  which  shall be available for use by both male and
    11  female occupants and which  shall  comply  with  section  603.5  (Diaper
    12  Changing  Tables)  of  the  two thousand nine edition of the publication
    13  entitled ICC A117.1, Accessible and  Usable  Buildings  and  Facilities,
    14  published  by  the International Code Council, Inc., on each floor level
    15  containing a public toilet room in all newly  constructed  buildings  in
    16  the  state  that  have  one or more areas classified as assembly group A
    17  occupancies or mercantile group M occupancies and in all existing build-
    18  ings in the state that have one or more  areas  classified  as  assembly
    19  group  A  occupancies  or  mercantile  group M occupancies and undergo a
    20  substantial renovation. The council shall prescribe the  type  of  reno-
    21  vation  to  be deemed to be a substantial renovation for the purposes of
    22  this subdivision. The council may exempt  historic  buildings  from  the
    23  requirements of this subdivision.
    24    17.  Standards  requiring  that, in each building that has one or more
    25  areas classified as assembly group A occupancies or mercantile  group  M
    26  occupancies  and  in  which  at least one diaper changing station, deck,
    27  table, or similar amenity is installed, a sign  shall  be  posted  in  a
    28  conspicuous  place in each public toilet room indicating the location of
    29  the nearest diaper changing station, deck,  table,  or  similar  amenity
    30  that  is  available for use by the gender using such public toilet room.
    31  The requirements of this  subdivision  shall  apply  without  regard  to
    32  whether the diaper changing station, deck, table, or similar amenity was
    33  installed voluntarily or pursuant to subdivision sixteen of this section
    34  or  any other applicable law, statute, rule, or regulation. No such sign
    35  shall be required in a public toilet room in which any  diaper  changing
    36  station, deck, table, or similar amenity is located.
    37    §  3.  This  act shall take effect January 1, 2019; provided, however,
    38  that effective immediately, the addition, amendment and/or repeal of any
    39  rules or regulations by the secretary of state and/or by the state  fire
    40  prevention and building code council necessary for the implementation of
    41  section  two  of  this  act  on  its  effective  date are authorized and
    42  directed to be made and completed on or before such effective date.
    43    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    44  sion, section or part of this act shall be  adjudged  by  any  court  of
    45  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    46  impair, or invalidate the remainder thereof, but shall  be  confined  in
    47  its  operation  to the clause, sentence, paragraph, subdivision, section
    48  or part thereof directly involved in the controversy in which such judg-
    49  ment shall have been rendered. It is hereby declared to be the intent of
    50  the legislature that this act would  have  been  enacted  even  if  such
    51  invalid provisions had not been included herein.
    52    §  3.  This  act shall take effect immediately provided, however, that
    53  the applicable effective date of Parts A through M of this act shall  be
    54  as specifically set forth in the last section of such Parts.
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