A legislative Column by Assemblyman Will Barclay

Week of August 18, 2014

Laws on Unlawful Surveillance, Sex Offenders,
Child Abuse Reporters, and Maternal Depression
Change in NY

There have been a number of new laws signed and chaptered in New York in recent
weeks. I want to update readers on a few involving mandated reporters, unlawful surveillance,
screening of volunteer firefighters and ambulance personnel, and maternal depression. I was
happy to support all of these bills in the Assembly this session.

Coaches are mandated reporters
There are several professions in New York which are required to report child abuse,
maltreatment, or negligence pursuant to social services law. A bill recently signed into law adds
school coaches to this list. I supported this in the Assembly. School coaches are often in a
position to observe children for signs of abuse because of close relationships that can develop
between coaches and players. Coaches who are not already mandated reporters will need to
undergo two hours of training regarding identifying and reporting child abuse and maltreatment.
This law will become effective July 1, 2015.

Unlawful Surveillance Crimes Enhanced
With virtually everyone carrying some kind of smart phone with the ability to take and
share images, its more and more important that we update our laws to protect our right to
privacy. A bill signed into law earlier this month amends the penal law in relation to unlawful
surveillance. I was pleased to co-sponsor this important legislation in the Assembly. This law is
in response to a case that occurred in Clarkstown, where a woman had a compromising image
posted on the internet by a person from a previous relationship. The picture, sexual in nature,
was purposely posted on the internet to humiliate her. When law enforcement investigated this
case, they determined they were unable to charge the person who posted the image with unlawful
surveillance in the second degree due to how the law was currently defined. To be charged with
this crime, the victims private parts must be visible in the image. In this case, these areas were
not exposed in the image. Clearly, this image was taken during a private moment and the victim
has a right to privacy. The legislation that was recently enacted makes the necessary corrections
to the law so that prosecution can occur in situations like these.

Screening Volunteer Firefighters for Sex Offenses
A new law requires volunteer fire and ambulance companies to determine whether new
applicants or transferees are registered sex offenders. Already all applicants must undergo a
background check. This new law requires volunteer fire and ambulance companies determine if
an applicant or transferee has been convicted of a sex offense. It also gives local fire companies
the ability to deny membership to an individual who has been required to register as a sex
offender. Firefighters do much more than just respond to fires or emergencies. Many fire
companies promote fire education and safety in schools as well as host community events where
children are present. Like police officers, firefighters are often promoted to children as people
that they can trust. Considering that volunteers work in close proximity to children and
families it makes sense to add this conviction to the screening process.

Raising Awareness about Maternal Depression
While hospitals already inform new mothers about postpartum depression and shaken
baby syndrome, a new law requires information be disseminated about maternal depression. This
law requires the New York State Commissioner of Mental Health to provide definitions of what
maternal depression is and how it varies from postpartum depression, as well as how patients can
receive treatment. Leaflets and detailed information on the Department of Healths website will
also be published. According to the law, maternal depression is broadly defined as a wide range
of emotional and psychological reactions a woman may experience during pregnancy or after
childbirth. These reactions may include, but are not limited to, feelings of despair or extreme
guilt, prolonged sadness, lack of energy, difficulty concentrating, fatigue, extreme changes in
appetite, and thoughts of suicide or of harming the baby. These reactions may occur without
warning and may happen before, during, or immediately after childbirth, and continue into the
infant's first year of life.

If you have any questions or comments or if you would like to be added to my mailing
list or receive my newsletter, please contact my office by mail at 200 North Second Street,
Fulton, New York 13069, by e-mail at barclaw@assembly.state.ny.us or by calling (315) 598-
5185.

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