Bill Text: NY S04837 | 2021-2022 | General Assembly | Introduced
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
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. LBD08335-01-1S. 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.
