Provides for certain victim statements to be taken at their workplace instead of the police department where such workplace was the scene of the crime and is a hospital, emergency medical facility, nursing home or residential health care facility.
A06055 amends the New York Executive Law to give certain assault victims the option to have their statement taken at the workplace where the assault occurred, rather than at a police department, when that workplace is a hospital, emergency medical facility, nursing home, residential health care facility, or a facility or hospital under the Mental Hygiene Law. The bill applies when law enforcement has reason to believe the victim was assaulted under Penal Law section 120.05, which covers assault in the second degree.
The measure is intended to make the reporting process more accessible and less burdensome for victims in healthcare and related institutional settings, especially where leaving the workplace may be difficult or disruptive. It also requires law enforcement officers to inform eligible victims of this option.
In practical terms, the bill would add a new victim-rights procedure to section 642 of the Executive Law and affect police interview practices in specified workplace settings. It does not create a new crime or change the underlying assault statute, but it does change where and how a victim statement may be taken in qualifying cases.
The overall sentiment appears favorable. The bill advanced through the Assembly Codes Committee with a 18-3 vote and then passed the Assembly Rules Committee unanimously, suggesting broad support for the policy goal of accommodating victims in sensitive workplace environments.
The main point of likely contention is the scope of the workplace exception: the bill is limited to certain healthcare and mental health facilities and to assaults under section 120.05, so discussion may center on whether the protection should be broader or whether the procedure could complicate law enforcement investigations. Supporters are likely to emphasize victim convenience, trauma-informed practice, and workplace safety, while any skeptics may focus on implementation and the narrowness of the covered settings.
The bill would amend Executive Law section 642 by adding a new subdivision establishing an optional alternative location for taking victim statements in qualifying assault cases. It would require law enforcement to advise eligible victims that they may give their statement at the workplace where the assault occurred, but only when that workplace is a hospital, emergency medical facility, nursing home, residential health care facility, or a facility/hospital covered by the Mental Hygiene Law. The bill affects police procedures and victim-notification practices in these institutions, but does not alter the Penal Law definition of assault or create new criminal penalties.
The available voting history indicates generally positive sentiment toward the bill. It received a favorable 18-3 vote in the Assembly Codes Committee and then passed the Assembly Rules Committee unanimously, which suggests the proposal was viewed as a practical victim-support measure. No committee transcript was provided, but the votes indicate broad support with limited opposition.
The likely areas of contention are the bill’s limited scope and operational impact. Supporters would favor the trauma-informed option for victims working in hospitals, nursing homes, emergency medical facilities, and mental health facilities, arguing that it reduces disruption and makes reporting easier. Potential critics may question whether allowing statements at the workplace could complicate investigations, create logistical burdens for law enforcement or employers, or whether the protection should extend beyond the listed facilities and beyond assaults under Penal Law section 120.05.