Bill Text: NY A08494 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes the temporary state commission on intimate partner violence, within the office of mental health, to study, report on and make recommendations on the prevalence, causes, effects, risks and costs of such violence.
Spectrum: Strong Partisan Bill (Democrat 33-2)
Status: (Introduced - Dead) 2010-05-17 - print number 8494a [A08494 Detail]
Download: New_York-2009-A08494-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8494--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
___________
Introduced by M. of A. P. RIVERA, ARROYO, ESPAILLAT, ORTIZ, V. LOPEZ,
POWELL, RAMOS, J. RIVERA, N. RIVERA, BENEDETTO, BALL, DelMONTE,
M. MILLER, JAFFEE, CASTRO, REILLY, CRESPO, COLTON, ROBINSON -- Multi-
Sponsored by -- M. of A. BENJAMIN, CAHILL, GIBSON, JEFFRIES, JOHN,
LUPARDO, MARKEY, MAYERSOHN, McDONOUGH, PHEFFER, SCARBOROUGH, TITONE --
read once and referred to the Committee on Children and Families --
recommitted to the Committee on Children and Families in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to establish a temporary state commission, within the office of
mental health, to study intimate partner violence; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature hereby
2 finds that intimate partner violence against women is a major public
3 health concern that needs to be addressed with all practical and prag-
4 matic tools at its disposal and that those tools should be effectively
5 and responsibly utilized by communities all across the state.
6 According to the Journal of the American Medical Association (JAMA),
7 1.5 million women are physically and/or sexually abused by an intimate
8 partner each year, and 25% will experience intimate partner violence at
9 some time during their lifetimes. Moreover, 25% of adolescents have
10 experienced physical or sexual dating violence. In another report, the
11 U.S. Department of Justice found out that females are approximately ten
12 times more likely to be killed by an intimate partner than are males.
13 Similarly, injuries that result from such violence are significantly
14 more common among females for both adolescents and adult populations,
15 and approximately 10% of intentional injuries to adolescent girls are
16 reported to be the result of violent male dating. External factors such
17 as race, age, illiteracy and ethnicity are closely related with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11751-02-0
A. 8494--A 2
1 climbing rates of intimate partner violence. Furthermore, health risks
2 and demographics have been found to be associated with both dating
3 violence variables and health risk outcomes.
4 Research suggests that the incidence of physical dating violence was
5 associated with substance use (heavy smoking, binge drinking, driving
6 after drinking, cocaine use), unhealthy weight control (diet pills use,
7 laxative use), risky sexual behavior (first intercourse before the age
8 of fifteen years, not using a condom at last intercourse, at least three
9 sex partners in the last three months), pregnancy, and suicidality
10 (considered, attempted suicide).
11 A study found that many secondary effects are commonly related with
12 the prevalence of intimate partner violence. For example, both adoles-
13 cent girls and adult women who experienced forcible sex are more likely
14 to exhibit eating disorders; also, violent childhood experiences cata-
15 lyze the vulnerability to become victims of intimate partner violence.
16 Likewise, the humiliation of those who experienced intimate partner
17 violence may play a major role in predisposing teens to suicidal idea-
18 tion and behavior. Moreover, based on recent data from abused adults,
19 adolescents who experience dating violence may be less likely than
20 others to receive treatment for mental health concerns.
21 Adolescents experiencing dating violence are at significantly elevated
22 risks for having greater numbers of sex partners, making them more
23 vulnerable to contracting HIV and other sexually transmitted diseases
24 than adolescent girls who are not abused by dating partners. Similarly,
25 abused high school girls are found to be more likely than their non-a-
26 bused peers to have ever been pregnant. In contrast, younger girls were
27 found to be at lower risk for experiences of dating violence, due to
28 reduced opportunity for such experiences.
29 Evidently, the legislature needs to address this issue thoroughly due
30 to the disturbing statistics that show an increasing rate of adolescent
31 dating violence. Bearing in mind that the state's population is composed
32 mainly of minority groups, and that for example, according to JAMA,
33 black female students appear to be more likely than individuals from
34 other groups to report sexual violence in the absence of physical
35 violence from dating partners, it is imperative to formulate legislation
36 that would study this issue properly and then make necessary recommenda-
37 tions that would lead to minimizing this problem.
38 As noted, it is relevant to make a relationship between dating
39 violence and health risks among, but not limited to, adolescent girls in
40 the state of New York. Health experts agree that perhaps the most press-
41 ing need for research involves the development of this violent behavior
42 among perpetrators of abuse against dating partners. Prevention efforts
43 in this area should be expanded and support should be provided for
44 development and implementation of prevention programs and services
45 specific to teen dating violence. Equally important, is the finding of
46 this legislature that medical and mental health professionals should
47 routinely screen adolescents for dating violence and be aware of appro-
48 priate referrals.
49 It is the finding of this legislature that a body of experts in this
50 area be convened to report and recommend solutions to intimate partner
51 violence that can be quickly implemented throughout the state.
52 S 2. A temporary state commission on intimate partner violence is
53 hereby established, within the office of mental health, to examine,
54 evaluate and make recommendations concerning the prevalence, causes,
55 effects, risks and costs to the state of intimate partner violence,
56 including dating violence toward young women. Such commission shall
A. 8494--A 3
1 review, with particular care, the impact of the existing conditions on
2 intimate partner violence, and how to reduce such violence and increase
3 the reporting of such violence.
4 S 3. The temporary state commission on intimate partner violence shall
5 consist of 15 members to be appointed as follows: 7 shall be appointed
6 by the governor; 3 shall be appointed by the temporary president of the
7 senate; 3 shall be appointed by the speaker of the assembly; 1 shall be
8 appointed by the minority leader of the senate; and 1 shall be appointed
9 by the minority leader of the assembly. Of the members appointed by the
10 governor: 1 member shall be a representative of the office of mental
11 health, 1 member shall be a representative of the education department,
12 1 member shall be a representative of the office of children and family
13 services and 1 member shall be a representative of the crime victims
14 board. The appointed members of the commission shall be broadly repre-
15 sentative of the geographic areas of the state. The members shall each
16 have expertise in the prevalence, causes, effects or risks of intimate
17 partner violence, or the solutions for such violence. The governor
18 shall designate the chair and vice chair from among his or her appoint-
19 ees. Vacancies in the membership of the commission shall be filled in
20 the manner provided for original appointments.
21 S 4. The commission may meet within and without the state, shall hold
22 public hearings, and shall have all the powers of a legislative commit-
23 tee pursuant to the legislative law.
24 S 5. The members of the commission shall receive no compensation for
25 their services, but shall be allowed their actual and necessary expenses
26 incurred in the performance of their duties pursuant to this act.
27 S 6. To the maximum extent feasible, the commission shall be entitled
28 to request and receive, and shall utilize and be provided with such
29 facilities, resources and data of any court, department, division,
30 board, bureau, commission or agency of the state or any political subdi-
31 vision thereof as it may reasonably request to carry out properly its
32 powers and duties pursuant to this act.
33 S 7. The commission shall make a preliminary report to the governor
34 and the legislature of its findings, conclusions and recommendations
35 within twelve months of the effective date of this act; a second report
36 of its findings, conclusions and recommendations, and shall include an
37 outcome analysis of the implementation of its recommendations from the
38 preliminary report within twenty-four months of the effective date of
39 this act; and a final report of its final findings, conclusions and
40 recommendations, and an outcome analysis of the implementation of its
41 recommendations from its previous two reports within thirty-six months
42 of the effective date of this act; and shall submit with its reports
43 such legislative proposals as it deems necessary to implement its recom-
44 mendations.
45 S 8. This act shall take effect immediately and shall expire and be
46 deemed repealed three years and one day after such effective date.
