Bill Text: NY S04837 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires judges or justices in a court that exercises criminal jurisdiction, including town and village justices, family court judges, and justices of the supreme court who regularly handle matrimonial matters, and court clerks of such courts to attend a program approved by the chief administrator of the courts addressing issues relating to domestic violence totaling at least ten hours every two years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S04837 Detail]

Download: New_York-2021-S04837-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4837

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the judiciary law,  in  relation  to  domestic  violence
          training for judges and court clerks

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The judiciary law is amended by adding a new section  39-c
     2  to read as follows:
     3    §  39-c.  Domestic  violence  training.  1. Each judge or justice in a
     4  court that exercises criminal jurisdiction, including town  and  village
     5  justices,  each  judge  of the family court, each justice of the supreme
     6  court who regularly handles matrimonial matters, and each court clerk of
     7  such courts, shall attend for no less than ten hours every two years,  a
     8  program  or  programs  approved by the chief administrator of the courts
     9  addressing issues relating  to  domestic  violence.    Such  program  or
    10  programs shall include, but shall not be limited to:
    11    (a) information about the specific needs of victims;
    12    (b)  the  nature, extent, and dynamics of domestic violence, including
    13  emotional, financial, physical, technological, and sexual abuse;
    14    (c) a review of the coercive tactics abusers use  to  induce  fear  in
    15  their victims;
    16    (d)  education  on the increased vulnerability of certain populations,
    17  based on factors such as  race,  immigration  status,  gender  identity,
    18  income,  or  any other factor deemed relevant, and culturally responsive
    19  approaches to serving victims;
    20    (e) a review of relevant domestic violence and  child  abuse  statutes
    21  and case law;
    22    (f)  information  regarding  the increased risk of escalating violence
    23  that occurs during court proceedings or when a victim attempts to  leave
    24  an  abuser  and  procedures designed to promote the safety of the victim
    25  and other household members;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08335-01-1
        S. 4837                             2

     1    (g) knowledge of trauma and its effects on adult and child victims;
     2    (h) the lethality and risk of domestic violence;
     3    (i)  providing methods to increase information sharing and cooperation
     4  among court departments in combating domestic abuse;
     5    (j) information regarding available community resources  and  victims'
     6  services;
     7    (k) legal remedies for protection;
     8    (l)  the  harm  courts  may  cause victims by separating children from
     9  their primary attachment figure, failing to  prioritize  the  safety  of
    10  children  and  non-offending  parents,  seeking to award custody to both
    11  parents despite the presence of domestic violence  or  child  abuse,  or
    12  relying on faulty assumptions regarding domestic violence that have been
    13  rejected  by  reputable  professional  organizations,  such  as, but not
    14  limited to: (i) the assumption that women or  children  frequently  make
    15  false  allegations of abuse, (ii) the assumption that a parent's efforts
    16  to protect a child from abuse by another parent is evidence  of  unwill-
    17  ingness or inability to cooperate with that parent, (iii) the assumption
    18  that  one parent alienates a child from the other parent due to a patho-
    19  logical medical syndrome, and (iv) in cases involving domestic  violence
    20  or  child abuse, the assumption that one parent can and should support a
    21  child's relationship with the other parent; and
    22    (m) the appropriate experience and qualifications  for  child  custody
    23  evaluators  and  expert witnesses involved in court proceedings in which
    24  domestic violence has been alleged.
    25    2. Such program or programs shall be developed in coordination with an
    26  organization designated by the federal department of  health  and  human
    27  services  to coordinate statewide improvements within local communities,
    28  social service systems and  programming  regarding  the  prevention  and
    29  intervention  of  domestic violence in New York state and others who are
    30  experienced in providing trauma-informed,  victim-centered  training  on
    31  domestic violence.
    32    3.  Attendance  at  such  program  or programs shall be counted toward
    33  fulfillment of the training and  education  requirements  for  justices,
    34  judges,  and  court clerks established by the chief administrator of the
    35  courts.
    36    § 2. This act shall take effect immediately.