Bill Text: NY S03079 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the temporary state commission on intimate partner violence, within the office for the prevention of domestic violence, to study, report on and make recommendations on the prevalence, causes, effects, risks and costs of such violence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-15 - PRINT NUMBER 3079D [S03079 Detail]

Download: New_York-2011-S03079-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3079
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 8, 2011
                                      ___________
       Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       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
   18  climbing rates of intimate partner violence. Furthermore,  health  risks
   19  and  demographics  have  been  found  to  be associated with both dating
   20  violence variables and health risk outcomes.
   21    Research suggests that the incidence of physical dating  violence  was
   22  associated  with  substance  use (heavy smoking, binge drinking, driving
   23  after drinking, cocaine use), unhealthy weight control (diet pills  use,
   24  laxative  use),  risky sexual behavior (first intercourse before the age
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00951-01-1
       S. 3079                             2
    1  of fifteen years, not using a condom at last intercourse, at least three
    2  sex partners in the  last  three  months),  pregnancy,  and  suicidality
    3  (considered, attempted suicide).
    4    A  study  found  that many secondary effects are commonly related with
    5  the prevalence of intimate partner violence. For example,  both  adoles-
    6  cent  girls and adult women who experienced forcible sex are more likely
    7  to exhibit eating disorders; also, violent childhood  experiences  cata-
    8  lyze  the  vulnerability to become victims of intimate partner violence.
    9  Likewise, the humiliation of  those  who  experienced  intimate  partner
   10  violence  may  play a major role in predisposing teens to suicidal idea-
   11  tion and behavior. Moreover, based on recent data  from  abused  adults,
   12  adolescents  who  experience  dating  violence  may  be less likely than
   13  others to receive treatment for mental health concerns.
   14    Adolescents experiencing dating violence are at significantly elevated
   15  risks for having greater numbers  of  sex  partners,  making  them  more
   16  vulnerable  to  contracting  HIV and other sexually transmitted diseases
   17  than adolescent girls who are not abused by dating partners.  Similarly,
   18  abused  high  school girls are found to be more likely than their non-a-
   19  bused peers to have ever been pregnant. In contrast, younger girls  were
   20  found  to  be  at  lower risk for experiences of dating violence, due to
   21  reduced opportunity for such experiences.
   22    Evidently, the legislature needs to address this issue thoroughly  due
   23  to  the disturbing statistics that show an increasing rate of adolescent
   24  dating violence. Bearing in mind that the state's population is composed
   25  mainly of minority groups, and that  for  example,  according  to  JAMA,
   26  black  female  students  appear  to be more likely than individuals from
   27  other groups to report sexual violence  in  the  absence    of  physical
   28  violence from dating partners, it is imperative to formulate legislation
   29  that would study this issue properly and then make necessary recommenda-
   30  tions that would lead to minimizing this problem.
   31    As  noted,  it  is  relevant  to  make  a  relationship between dating
   32  violence and health risks among, but not limited to, adolescent girls in
   33  the state of New York. Health experts agree that perhaps the most press-
   34  ing need for research involves the development of this violent  behavior
   35  among  perpetrators of abuse against dating partners. Prevention efforts
   36  in this area should be expanded  and  support  should  be  provided  for
   37  development  and  implementation  of  prevention  programs  and services
   38  specific to teen dating violence. Equally important, is the  finding  of
   39  this  legislature  that  medical  and mental health professionals should
   40  routinely screen adolescents for dating violence and be aware of  appro-
   41  priate referrals.
   42    It  is  the finding of this legislature that a body of experts in this
   43  area be convened to report and recommend solutions to  intimate  partner
   44  violence that can be quickly implemented throughout the state.
   45    S  2.  A  temporary  state  commission on intimate partner violence is
   46  hereby established, within the office  of  mental  health,  to  examine,
   47  evaluate  and  make  recommendations  concerning the prevalence, causes,
   48  effects, risks and costs to the  state  of  intimate  partner  violence,
   49  including  dating  violence  toward  young  women. Such commission shall
   50  review, with particular care, the impact of the existing  conditions  on
   51  intimate  partner violence, and how to reduce such violence and increase
   52  the reporting of such violence.
   53    S 3. The temporary state commission on intimate partner violence shall
   54  consist of 15 members to be appointed as follows: 7 shall  be  appointed
   55  by  the governor; 3 shall be appointed by the temporary president of the
   56  senate; 3 shall be appointed by the speaker of the assembly; 1 shall  be
       S. 3079                             3
    1  appointed by the minority leader of the senate; and 1 shall be appointed
    2  by  the minority leader of the assembly. Of the members appointed by the
    3  governor: 1 member shall be a representative of  the  office  of  mental
    4  health,  1 member shall be a representative of the education department,
    5  1 member shall be a representative of the office of children and  family
    6  services  and  1  member  shall be a representative of the crime victims
    7  board. The appointed members of the commission shall be  broadly  repre-
    8  sentative  of the geographic areas of the state.  The members shall each
    9  have expertise in the prevalence, causes, effects or risks  of  intimate
   10  partner  violence,  or  the  solutions for such violence.   The governor
   11  shall designate the chair and vice chair from among his or her  appoint-
   12  ees.    Vacancies in the membership of the commission shall be filled in
   13  the manner provided for original appointments.
   14    S 4. The commission may meet within and without the state, shall  hold
   15  public  hearings, and shall have all the powers of a legislative commit-
   16  tee pursuant to the legislative law.
   17    S 5. The members of the commission shall receive no  compensation  for
   18  their services, but shall be allowed their actual and necessary expenses
   19  incurred in the performance of their duties pursuant to this act.
   20    S  6. To the maximum extent feasible, the commission shall be entitled
   21  to request and receive, and shall utilize  and  be  provided  with  such
   22  facilities,  resources  and  data  of  any  court, department, division,
   23  board, bureau, commission or agency of the state or any political subdi-
   24  vision thereof as it may reasonably request to carry  out  properly  its
   25  powers and duties pursuant to this act.
   26    S  7.  The  commission shall make a preliminary report to the governor
   27  and the legislature of its  findings,  conclusions  and  recommendations
   28  within  twelve months of the effective date of this act; a second report
   29  of its findings, conclusions and recommendations, and shall  include  an
   30  outcome  analysis  of the implementation of its recommendations from the
   31  preliminary report within twenty-four months of the  effective  date  of
   32  this  act;  and  a  final  report of its final findings, conclusions and
   33  recommendations, and an outcome analysis of the  implementation  of  its
   34  recommendations  from  its previous two reports within thirty-six months
   35  of the effective date of this act; and shall  submit  with  its  reports
   36  such legislative proposals as it deems necessary to implement its recom-
   37  mendations.
   38    S  8.  This  act shall take effect immediately and shall expire and be
   39  deemed repealed three years and one day after such effective date.