BILL NUMBER: S9928A
SPONSOR: SALAZAR
 
TITLE OF BILL:
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
 
PURPOSE:
To strengthen the rights of sexual assault survivors during the investi-
gative process by allowing them to choose the gender of the law enforce-
ment officer conducting the interview and allowing a support person
during the investigation. This bill also creates a sexual assault survi-
vors task force to improve the services provided to survivors during the
investigative process and in general, and requires law enforcement to
receive evidence-based, trauma-informed training on interacting with and
interviewing sexual assault survivors.
 
SUMMARY OF PROVISIONS:
Section one Amends Subdivision 1 of section 642 of the Executive Law to
make all language gender neutral;
Amends Subdivision 3 of section 642 of the Executive Law to define sexu-
al assault survivor;
Amends Subdivision 4 of section 642 of the Executive Law to establish
the right to have a support person present during their interview by law
enforcement;
Creates a new Subdivision 5 of section 642 of the Executive Law to
establish the right to request a law enforcement official of the genders
choosing to conduct the interview;
Section two creates a new section 637 of the executive law to establish
a Sexual Assault Survivors Task Force to study and make recommendations
on the services provided to survivors across the state, including during
the investigative process;
Section three amends subdivision four of section 840 of the executive
law to require that the training law enforcement receives on interview-
ing sexual assault survivors is evidence-based and trauma-informed;
Section four establishes the effective date.
 
JUSTIFICATION:
New York State has taken meaningful steps to establish comprehensive
rights for survivors of sexual assault, but there is still more to be
done to ensure that survivors feel safe and comfortable to report and
receive services. The New York State Coalition Against Sexual Assault
(NYSCASA) reported that between 2018 and 2022, the majority of survivors
did not report their assaults to law enforcement. Only 18% of respond-
ents reported their assault, while 59% chose not to involve the police.
This aligns with national trends, where approximately 25% of sexual
assault incidents are reported. Mistrust in law enforcement plays a
significant role in the underreporting of sexual assault. According to
NYSCASA's survey, 13.1% of respondents indicated that they did not trust
the police to help them due to their racial, ethnic, or gender identity.
This mistrust is further compounded by the perception (according to
24.6% of respondents) that the police may not conduct a thorough inves-
tigation. Additionally, previous negative interactions with law enforce-
ment contribute to this hesitancy, with about 14% of survey respondents
experiencing one or more negative encounters with the police, which
deterred them from seeking help again.
This bill aligns New York with existing laws in other States by granting
sexual assault survivors the right to request a person of the gender of
their choice to be present during any interview, and granting survivors
the right to have a support person present during all stages of any
interview by law enforcement.
In addition to strengthening survivor rights during investigative inter-
actions, this legislation establishes a Sexual Assault Survivors Task
Force to study the rights of sexual assault survivors and evaluate the
services available to them throughout New York State. Although New York
maintains a network of rape crisis centers and sexual assault service
providers that offer counseling, advocacy, and support to survivors
navigating medical and legal systems, service providers continue to
report increasing demand for services and disparities in access across
different geographic regions and communities. Advocacy organizations
working with survivors have noted that limited staffing, uneven distrib-
ution of services, and insufficient data about survivor needs can create
barriers to accessing timely counseling and advocacy services. The task
force created by this legislation will bring together survivors, service
providers, government agencies, and community organizations to conduct a
comprehensive review of survivor rights and services across the state.
The task force will collect statewide data regarding survivor access to
services generally and during the investigative process, and gather
feedback from survivors, practitioners, victim service providers, and
health care professionals to inform future best practices and policy
recommendations.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S9928: 120.05 penal law
S9928A: 120.05 penal law, 840 executive law, 840(4) executive law