New York S 4028: Establishes an independent fatality review board to investigate deaths appearing to be from unnatural causes, where domestic violence is apparent

Bill Text

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S04028 Summary:

BILL NOS04028 

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Establishes an independent fatality review board to review and assess domestic violence cases which result in a fatality and compile a report and make recommendations to certain state agencies based on such review and assessment; provides for access to various records without subpoena and for access to sealed records with judicial authorization.

Go to top S04028 Actions:

BILL NOS04028 

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01/31/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS04028 Committee&nbspVotes:

Go to topS04028 Floor&nbspVotes:

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

Go to topS04028 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4028

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sens. PARKER, COMRIE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Finance

 AN ACT to amend the executive law, in relation to establishing a fatali-
 ty review board and providing for such board's powers and duties

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

 1 Section 1. Legislative intent. The legislature hereby declares that
 2 domestic violence is a pervasive and frequently lethal problem in Ameri-
 3 can society and in New York state. Nationwide, on average, approximately
 4 ten women are killed by their batterers every day. Battering is the
 5 single, major cause of injury to women, resulting in more injuries than
 6 auto accidents, muggings, and rapes combined. Such abuse is also a
 7 strong indicator that physical or sexual abuse of children is occurring
 8 in the family. Domestic violence devastates its victims and threatens
 9 the stability of the family and negatively affects all family members,
 10 especially children who witness the violent abuse. Domestic violence
 11 also affects the entire community. The incidence of domestic violence
 12 adversely affects the safety, health, and welfare of communities as well
 13 as societal economies by draining billions of dollars in social costs
 14 associated with medical expenses, law enforcement, and lost productiv-
 15 ity.
 16 The legislature finds that multi-disciplinary domestic violence fatal-
 17 ity review boards have been used successfully to ensure that incidents
 18 of domestic violence are recognized and that agency involvement is
 19 reviewed to improve the responsiveness of public agencies for the
 20 reduction and eradication of domestic violence. The establishment of
 21 such a board is similar to the time-honored mortality/morbidity review
 22 conference utilized by the medical profession to ensure the provision of
 23 quality medical care.
 24 The legislature further finds that it is in the interest of the state
 25 to provide for the creation of a fatality review board in New York. The

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07639-01-5

 S. 4028 2

 1 board will facilitate communication among courts and agencies, allow for
 2 the identification of preventable deaths, and provide for recommenda-
 3 tions with a view toward improving the system's ability to prevent such
 4 occurrences. The purpose of the inter-agency, multi-disciplinary review
 5 is not punitive, but to increase the thoroughness and effectiveness of
 6 systematic responses by developing recommendations for policies and
 7 protocols for prevention and intervention initiatives. In addition to
 8 reviewing cases, the fatality review board may also provide guidance and
 9 protocols for the development and implementation of local reviews by
 10 counties or other jurisdictions. The board may also identify trends and
 11 patterns of domestic violence deaths and recognize the prevalence of
 12 risk factors which exist in the population of victims and perpetrators.
 13 This data could be helpful in the development of system interventions
 14 and policy changes for persons who are at risk.
 15 By enacting this legislation, the legislature seeks to provide a case
 16 review process for the purpose of reducing the incide