A 11064: Relates to the rights of sexual assault survivors during the investigative process; establishes a task force to study and assess sexual assault survivors' rights and services.

  
  STATE OF NEW YORK ________________________________________________________________________ 11064  IN ASSEMBLY April 24, 2026 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to the rights of sexual assault survivors during the investigative process and establishing a task force to study and assess sexual assault survivors' rights and services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 642 of the executive law, as added by chapter 94 of 2 the laws of 1984, subdivision 1 as amended by chapter 193 of the laws of 3 2006, subdivision 2-a as amended by chapter 301 by the laws of the 1991, 4 paragraph (a) of subdivision 2-a as amended by chapter 320 of the laws 5 of 2006, subdivision 3 as amended by chapter 893 of the laws of 1986, 6 subdivision 5 as amended by chapter 263 of the laws of 1986 and subdivi- 7 sion 6 as added by chapter 468 of the laws of 2025, is amended to read 8 as follows: 9 § 642. Criteria for fair treatment standards. Such fair treatment 10 standards shall provide that: 11 1. The victim of a violent felony offense, a felony involving physical 12 injury to the victim, a felony involving property loss or damage in 13 excess of two hundred fifty dollars, a felony involving attempted or 14 threatened physical injury or property loss or damage in excess of two 15 hundred fifty dollars or a felony involving larceny against the person 16 shall, unless [he or she] the victim refuses or is unable to cooperate 17 or [his or her] the victim's whereabouts are unknown, be consulted by 18 the district attorney in order to obtain the views of the victim regard- 19 ing disposition of the criminal case by dismissal, plea of guilty or 20 trial. In such a case in which the victim is a minor child, or in the 21 case of a homicide, the district attorney shall, unless the family 22 refuses or is unable to cooperate or [his, her or their] the victim's 23 whereabouts are unknown, consult for such purpose with the family of the 24 victim. In addition, the district attorney shall, unless [he or she] the 25 victim's (or, in the case in which the victim is a minor child or a 26 victim of homicide, [his or her] the victim's family) refuses or is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15154-04-6 
 A. 11064 2 1 unable to cooperate or [his, her or their] the victim's whereabouts are 2 unknown, consult and obtain the views of the victim or family of the 3 victim, as appropriate, concerning the release of the defendant in the 4 victim's case pending judicial proceedings upon an indictment, and 5 concerning the availability of sentencing alternatives such as community 6 supervision and restitution from the defendant. The failure of the 7 district attorney to so obtain the views of the victim or family of the 8 victim shall not be cause for delaying the proceedings against the 9 defendant nor shall it affect the validity of a conviction, judgment or 10 order. 11 2. The victims and other prosecution witnesses shall, where possible, 12 be provided, when awaiting court appearances, a secure waiting area that 13 is separate from all other witnesses. 14 [2-a. (a)] 3. For the purposes of this section, a "sexual assault 15 survivor" or "survivor" shall mean the victim of a crime under article 16 one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law. 17 4. All police departments, as that term is defined in subdivision a of 18 section eight hundred thirty-seven-c of this chapter, district attor- 19 neys' offices and presentment agencies, as that term is defined in 20 subdivision twelve of section 301.2 of the family court act, shall 21 provide a private setting for interviewing [victims of a crime defined 22 in article one hundred thirty or section 255.25, 255.26 or 255.27 of the 23 penal law] sexual assault survivors. For purposes of this subdivision, 24 "private setting" shall mean an enclosed room from which the occupants 25 are not visible or otherwise identifiable, and whose conversations 26 cannot be heard, from outside such room. Only (i) those persons directly 27 and immediately related to the interviewing of a particular victim, (ii) 28 [the victim] legal counsel retained by the victim, (iii) a support 29 person of the victim's choosing, (iv) a social worker, rape crisis coun- 30 selor, psychologist or other professional providing emotional support to 31 the victim, unless the victim objects to the presence of such person and 32 requests the exclusion of such person from the interview or interviews, 33 and [(iv)] (v) where appropriate, the parent or parents of the victim, 34 if requested by the victim, shall be present during the interview or 35 interviews of the victim. 36 [(b)] 5. A sexual assault survivor shall have the right to be inter- 37 viewed by a law enforcement official of the gender of the survivor's 38 choosing. If no law enforcement official of that gender is reasonably 39 available, the survivor may be interviewed by an available law enforce- 40 ment official only upon the survivor's consent. Before commencing an 41 interview of a sexual assault survivor, a law enforcement official shall 42 inform the survivor of such right. 43 6. All police departments, as that term is defined in subdivision a of 44 section eight hundred thirty-seven-c of this chapter, shall provide 45 [victims of a crime defined in article one hundred thirty of the penal 46 law] sexual assault survivors with the name, address, and telephone of 47 the nearest rape crisis center in writing. 48 [3.] 7. Law enforcement agencies and district attorneys shall promptly 49 return property held for evidentiary purposes unless there is a compel- 50 ling reason for retaining it relating to proof at trial. 51 [4.] 8. The victim or witness who so requests shall be assisted by law 52 enforcement agencies and district attorneys in informing employers that 53 the need for victim and witness cooperation in the prosecution of the 54 case may necessitate absence of that victim or witness from work. In 55 addition, a victim or witness who, as a direct result of a crime or of 56 cooperation with law enforcement agencies or the district attorney in 
 A. 11064 3 1 the investigation or prosecution of a crime is unable to meet obli- 2 gations to a creditor, creditors or others should be assisted by such 3 agencies or the district attorney in providing to such creditor, credi- 4 tors or others accurate information about the circumstances of the 5 crime, including the nature of any loss or injury suffered by the 6 victim, or about the victim's or witness' cooperation, where appropri- 7 ate. 8 [5.] 9. Victim assistance education and training, with special consid- 9 eration to be given to victims of domestic violence, sex offense 10 victims, elderly victims, child victims, and the families of homicide 11 victims, shall be given to persons taking courses at state law enforce- 12 ment training facilities and by district attorneys so that victims may 13 be promptly, properly and completely assisted. 14 [6.] 10. A victim of an assault may choose to make their statement at 15 their workplace provided such workplace was the scene of the assault and 16 is a hospital, emergency medical facility, nursing home, or residential 17 health care facility as defined in section twenty-eight hundred one of 18 the public health law, or is a facility or hospital as defined in 19 section 1.03 of the mental hygiene law. Law enforcement officers shall 20 inform the victim of their right to have their statement be taken at 21 such workplace when officers have reason to believe the victim was 22 assaulted pursuant to section 120.05 of the penal law. 23 § 2. The executive law is amended by adding a new section 637 to read 24 as follows: 25 § 637. Sexual assault survivors task force. 1. A sexual assault survi- 26 vors task force is hereby established to study, evaluate and determine 27 the rights of sexual assault victims and the services available to them. 28 2. The task force shall include no more than fifteen members, selected 29 and staffed, unless otherwise indicated, by the office and shall consist 30 of: 31 (a) the director or the director's designee; 32 (b) a survivor of sexual assault who is a resident of New York state; 33 (c) a representative of rape crisis centers; 34 (d) a representative of the state department of education, whose occu- 35 pational duties include the provision of direct services to victims of 36 sexual assault; 37 (e) a representative of an organization that provides services, educa- 38 tion, or outreach to communities of color or immigrant communities; 39 (f) a representative of an organization that provides services, educa- 40 tion, or outreach to lesbian, gay, bisexual, and transgender individ- 41 uals; and 42 (g) other individuals or representatives selected by the office. 43 3. The task force shall: 44 (a) recommend methods to develop and implement an effective mechanism 45 for submitting, tracking and investigating complaints regarding the 46 handling of, or response to, a sexual assault report or investigation by 47 any agency or organization involved in the response; 48 (b) determine the need for additional services across New York state 49 for survivors of sexual assault, and if such a need does exist, the task 50 force shall create a plan for how the state can provide additional sexu- 51 al assault services to meet the needs identified, and determine the cost 52 of funding such a plan; and 53 (c) examine the need to maintain the task force after the final report 54 is issued. 
 A. 11064 4 1 4. The members of the task force shall receive no compensation for 2 their services, but shall be allowed their actual and necessary expenses 3 incurred in the performance of their services. 4 5. The task force shall collect data regarding access to sexual 5 assault survivor services, access to support during the investigative 6 process by law enforcement for those that report a sexual assault, and 7 any other data important for its deliberations and recommendations. The 8 task force shall collect feedback from survivors of sexual assault, 9 stakeholders, practitioners, leadership throughout the state, victim 10 services providers and health care communities to inform development of 11 future best practices or clinical guidelines regarding the care and 12 treatment of survivors. 13 6. No later than eighteen months after the effective date of this 14 section, the task force shall provide a report containing the results of 15 the study, including assessments, developments, and recommendations, to 16 the governor, attorney general, temporary president of the senate, the 17 minority leader of the senate, the speaker of the assembly, and the 18 minority leader of the assembly. The task force shall also make the 19 report public by posting a copy on the website of the office. 20 7. The task force shall be reconvened on an ongoing basis every five 21 years in perpetuity, or until it is determined that the provisions of 22 this section have been effectively implemented to ensure the rights of 23 all survivors in New York state. 24 § 3. This act shall take effect immediately.