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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3079--D
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 8, 2011
                                      ___________
       Introduced  by  Sens. HUNTLEY, RIVERA -- read twice and ordered printed,
         and when printed to be  committed  to  the  Committee  on  Finance  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee  --  recommitted  to  the  Committee  on
         Finance  in  accordance  with  Senate  Rule  6,  sec.  8  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- committee discharged and said bill  committed  to
         the  Committee on Rules -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to establish a temporary state commission, within the office for
         the  prevention  of  domestic  violence,  to  study  intimate  partner
         violence; and providing for the repeal of such provisions upon expira-
         tion 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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00951-09-2
       S. 3079--D                          2
    1  and approximately 10% of intentional injuries to  adolescent  girls  are
    2  reported  to be the result of violent male dating. External factors such
    3  as race, age, illiteracy and ethnicity  are  closely  related  with  the
    4  climbing  rates  of intimate partner violence. Furthermore, health risks
    5  and demographics have been found  to  be  associated  with  both  dating
    6  violence variables and health risk outcomes.
    7    Research  suggests  that the incidence of physical dating violence was
    8  associated with substance use (heavy smoking,  binge  drinking,  driving
    9  after  drinking, cocaine use), unhealthy weight control (diet pills use,
   10  laxative use), risky sexual behavior (first intercourse before  the  age
   11  of fifteen years, not using a condom at last intercourse, at least three
   12  sex  partners  in  the  last  three  months), pregnancy, and suicidality
   13  (considered, attempted suicide).
   14    A study found that many secondary effects are  commonly  related  with
   15  the  prevalence  of intimate partner violence. For example, both adoles-
   16  cent girls and adult women who experienced forcible sex are more  likely
   17  to  exhibit  eating disorders; also, violent childhood experiences cata-
   18  lyze the vulnerability to become victims of intimate  partner  violence.
   19  Likewise,  the  humiliation  of  those  who experienced intimate partner
   20  violence may play a major role in predisposing teens to  suicidal  idea-
   21  tion  and  behavior.  Moreover, based on recent data from abused adults,
   22  adolescents who experience dating  violence  may  be  less  likely  than
   23  others to receive treatment for mental health concerns.
   24    Adolescents experiencing dating violence are at significantly elevated
   25  risks  for  having  greater  numbers  of  sex partners, making them more
   26  vulnerable to contracting HIV and other  sexually  transmitted  diseases
   27  than  adolescent girls who are not abused by dating partners. Similarly,
   28  abused high school girls are found to be more likely than  their  non-a-
   29  bused  peers to have ever been pregnant. In contrast, younger girls were
   30  found to be at lower risk for experiences of  dating  violence,  due  to
   31  reduced opportunity for such experiences.
   32    Evidently,  the legislature needs to address this issue thoroughly due
   33  to the disturbing statistics that show an increasing rate of  adolescent
   34  dating violence. Bearing in mind that the state's population is composed
   35  mainly  of  minority  groups,  and  that for example, according to JAMA,
   36  black female students appear to be more  likely  than  individuals  from
   37  other  groups  to  report  sexual  violence in the absence   of physical
   38  violence from dating partners, it is imperative to formulate legislation
   39  that would study this issue properly and then make necessary recommenda-
   40  tions that would lead to minimizing this problem.
   41    As noted, it  is  relevant  to  make  a  relationship  between  dating
   42  violence and health risks among, but not limited to, adolescent girls in
   43  the state of New York. Health experts agree that perhaps the most press-
   44  ing  need for research involves the development of this violent behavior
   45  among perpetrators of abuse against dating partners. Prevention  efforts
   46  in  this  area  should  be  expanded  and support should be provided for
   47  development and  implementation  of  prevention  programs  and  services
   48  specific  to  teen dating violence. Equally important, is the finding of
   49  this legislature that medical and  mental  health  professionals  should
   50  routinely  screen adolescents for dating violence and be aware of appro-
   51  priate referrals.
   52    It is the finding of this legislature that a body of experts  in  this
   53  area  be  convened to report and recommend solutions to intimate partner
   54  violence that can be quickly implemented throughout the state.
   55    S 2. A temporary state commission  on  intimate  partner  violence  is
   56  hereby  established,  within  the  office for the prevention of domestic
       S. 3079--D                          3
    1  violence, to examine, evaluate and make recommendations  concerning  the
    2  prevalence,  causes,  effects,  risks and costs to the state of intimate
    3  partner violence, including dating violence  toward  young  women.  Such
    4  commission  shall  review the impact of the existing conditions on inti-
    5  mate partner violence, and how to reduce such violence and increase  the
    6  reporting of such violence.
    7    S 3. The temporary state commission on intimate partner violence shall
    8  consist  of  15 members to be appointed as follows: 7 shall be appointed
    9  by the governor; 3 shall be appointed by the temporary president of  the
   10  senate;  3 shall be appointed by the speaker of the assembly; 1 shall be
   11  appointed by the minority leader of the senate; and 1 shall be appointed
   12  by the minority leader of the assembly. Of the members appointed by  the
   13  governor:  1  member  shall  be a representative of the office of mental
   14  health, 1 member shall be a representative of the education  department,
   15  1  member  shall be a representative of the office for the prevention of
   16  domestic violence, 1 member shall be a representative of the  office  of
   17  children  and  family services and 1 member shall be a representative of
   18  the crime victims board. The appointed members of the  commission  shall
   19  be  broadly  representative  of  the geographic areas of the state.  The
   20  members shall each have expertise in the prevalence, causes, effects  or
   21  risks  of intimate partner violence, or the solutions for such violence.
   22  The governor shall designate the chair and vice chair from among his  or
   23  her  appointees.  Vacancies in the membership of the commission shall be
   24  filled in the manner provided for original appointments.
   25    S 4. The members of the temporary state commission on intimate partner
   26  violence shall convene as necessary as  determined  by  the  chair.  The
   27  members  of the temporary state commission shall receive no compensation
   28  for their services,  but  shall  be  allowed  their  necessary  expenses
   29  incurred in the performance of their duties pursuant to this act.
   30    S  5.  The temporary state commission on intimate partner violence may
   31  hold public hearings, and  within  all  relevant  laws  and  regulations
   32  governing confidentiality, shall be entitled to request and receive data
   33  of any applicable court, department, division, board, bureau, commission
   34  or  agency  of  the state or any political subdivision thereof as it may
   35  reasonably request to carry out properly its powers and duties  pursuant
   36  to this act.
   37    S 6. The temporary state commission on intimate partner violence shall
   38  make  a  preliminary  report  to the governor and the legislature of its
   39  findings, conclusions and recommendations within twelve  months  of  the
   40  effective date of this act; a second report of its findings, conclusions
   41  and recommendations, and shall include an outcome analysis of the imple-
   42  mentation  of  its  recommendations  from  the preliminary report within
   43  twenty-four months of the effective date of this act; and a final report
   44  of its final findings, conclusions and recommendations, and  an  outcome
   45  analysis  of the implementation of its recommendations from its previous
   46  two reports within thirty-six months of the effective date of this  act;
   47  and shall submit with its reports such legislative proposals as it deems
   48  necessary to implement its recommendations.
   49    S  7.  This  act shall take effect on the ninetieth day after it shall
   50  have become a law and shall expire 3 years  after  such  effective  date
   51  when upon such date the provisions of this act shall be deemed repealed;
   52  provided,  however  that any and all actions necessary to effectuate the
   53  provisions of this act shall take effect immediately.