New York S 7396: Relates to the investigation of suspicious deaths and domestic violence

Bill Text

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S07396 Summary:

BILL NOS07396 

&nbsp

SAME ASSAME AS A06575

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 23-A §649-aa, Exec L

&nbsp

Requires investigation and autopsy of suspicious deaths where the deceased individual had an identifiable history of being victimized by domestic violence.

Go to top S07396 Actions:

BILL NOS07396 

&nbsp

04/14/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS07396 Committee&nbspVotes:

Go to topS07396 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07396 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7396

 2025-2026 Regular Sessions

 IN SENATE

 April 14, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Crime Victims,
 Crime and Correction

 AN ACT to amend the executive law, in relation to the investigation of
 suspicious deaths and domestic violence

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The executive law is amended by adding a new article 23-A
 2 to read as follows:
 3 ARTICLE 23-A
 4 SUSPICIOUS DEATHS
 5 Section 649-aa. Suspicious deaths and domestic violence.
 6 § 649-aa. Suspicious deaths and domestic violence. 1. For the purposes
 7 of this section:
 8 (a) "Domestic violence" shall have the same meaning as a family
 9 offense as defined in section 530.11 of the criminal procedure law.
 10 (b) "Identifiable history of being victimized by domestic violence"
 11 shall mean demonstrable past incidents of being victimized by domestic
 12 violence that may be verified by prior police reports, written or photo-
 13 graphic documentation, restraining order declarations, eyewitness state-
 14 ments, or other evidence that corroborates a history of such incidents.
 15 (c) "Family member" shall mean a parent, sibling, or child of the
 16 deceased.
 17 (d) "Close friend" shall mean any person who has maintained regular
 18 contact and has a significant relationship with the deceased.
 19 (e) "Partner" shall mean a spouse, former spouse, cohabitant, former
 20 cohabitant, fiance, someone with whom the decedent had a dating
 21 relationship or engagement for marriage, or the parent of the decedent's
 22 child.
 23 2. Prior to making any findings as to the manner and cause of death of
 24 a deceased individual with an identifiable history of being victimized

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09589-01-5

 S. 7396 2

 1 by domestic violence, and in the presence of three or more factors list-
 2 ed in subdivision three of this section, law enforcement shall interview
 3 family members, such as parents, siblings, or other close friends or
 4 relatives of the decedent with relevant information regarding that
 5 history of domestic violence.
 6 3. Law enforcement investigators must request a complete autopsy in a
 7 case where they have determined there is an identifiable history of
 8 being victimized by domestic violence and any of the following condi-
 9 tions are present:
 10 (a) the decedent died prematurely or in an untimely manner;
 11 (b) the scene of the death gives the appearance of death due to
 12 suicide or accident;
 13 (c) one partner wanted to end the relationship;
 14 (d) there is a history of being victimized by domestic violence that
 15 includes coercive control;
 16 (e) the decedent is found dead in a home or place of residence;
 17 (f) the decedent is found by a current or previous partner;
 18 (g) there is a history of being victimized by domestic violence that
 19 includes strangulation or suffocation;
 20 (h) the current or previous partner of the decedent, or child of the
 21 decedent or the decedent's current or previous partner, is the last to
 22 see the decedent alive;
 23 (i) the partner had control of the scene before law enforcement
 24 arrived; or
 25 (j) the body of the decedent has been moved or the scene or other
 26 evidence is altered in some way.
 27 4. During the pendency of such investigation and any review, family
 28 members and close friends