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.
Summary
S04906 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 having to go to a police department. The workplace must be a hospital, emergency medical facility, nursing home, residential health care facility, or a facility or hospital covered by the Mental Hygiene Law. The bill also requires law enforcement officers to inform eligible victims of this option when they have reason to believe the victim was assaulted under Penal Law section 120.05.
The measure is aimed at reducing the burden on victims in sensitive health care and residential care settings, where leaving the site to travel to a police station may be difficult, disruptive, or retraumatizing. It creates a limited procedural accommodation for taking victim statements on-site and does not change the underlying criminal offense or investigative authority of law enforcement. The bill takes effect 120 days after becoming law.
Impact
The bill would add a new subdivision to Executive Law section 642, creating a statutory right for certain assault victims to choose an on-site statement location at qualifying workplaces. It affects law enforcement procedures and victim services in hospitals, emergency medical facilities, nursing homes, residential health care facilities, and certain mental health facilities, while leaving Penal Law assault definitions unchanged. The practical impact is to shift part of the reporting process away from police departments and into the location where the incident occurred, for a narrow class of workplace assaults.
Sentiment
The bill appears to have been received favorably and with broad support. It was reported favorably from committee and passed the Senate and Assembly with strong vote totals, including unanimous Senate committee and Senate floor votes and a substantial Assembly majority. The voting history suggests general agreement that the measure is a victim-centered procedural improvement.
Contention
There is little evidence of substantive opposition in the available record, but the bill’s scope is narrowly tailored and that narrowness is itself the main policy feature. The accommodation applies only when the assault occurred at specific health care or residential care workplaces and only for assaults believed to fall under Penal Law section 120.05. Any potential concern would likely center on implementation by law enforcement and whether the on-site statement option could affect investigative logistics, but no explicit objections appear in the provided materials.
Same As
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.
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.
Requires hospitals to establish a violence prevention program which includes a workplace safety and security assessment and develop a safety and security plan that addresses identified workplace violence threats or hazards.
Relates to information that residential health care facilities are required to separately disclose to residents and their families; requires such information to be posted on the residential health care facility's website.
Relates to information that residential health care facilities are required to separately disclose to residents and their families; requires such information to be posted on the residential health care facility's website.