senate Bill S3079D

Establishes the temporary state commission on intimate partner violence, within office for the prevention of domestic violence to study, report on and make recommendations on such violence

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO FINANCE
  • 17 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jun / 2011
    • PRINT NUMBER 3079A
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 05 / Jan / 2012
    • PRINT NUMBER 3079B
  • 19 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 19 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 24 / May / 2012
    • AMEND AND RECOMMIT TO RULES
  • 24 / May / 2012
    • PRINT NUMBER 3079C
  • 15 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO RULES
  • 15 / Jun / 2012
    • PRINT NUMBER 3079D

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A7348D
Versions:
S3079
S3079A
S3079B
S3079C
S3079D
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Commissions
Versions Introduced in Previous Legislative Cycles:
2009-2010: S7939, A8494A
2007-2008: A6855, A6855

Sponsor Memo

BILL NUMBER:S3079D

TITLE OF BILL:
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
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a commission that will study the negative
implication of dating violence among our young teenage women, and
will make recommendations upon their findings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative Intent.

Section 2: Establishes the temporary state commission on intimate
partner violence to study, report and make recommendations on such
violence.

Section 3-6: Establishes structure of Commission and The bill
addresses the issue of dating violence among young women, especially
among teen and pre-teens. The alarming rate increase of violence
towards teenage girls is closely related to external factors such as
race, ace, illiteracy and ethnicity. Moreover, incidents of dating
violence axe associated with substance use, unhealthy weight control,
risky behavior (first intercourse before the age of fifteen years).

The Commission shall make a preliminary report to the Governor and the
Legislature of its findings, conclusions and recommendations within
twelve months of the effective date of this act. A second report
shall be issued two years after the effective date of this act. And,
a final report shall be issued within three years after the effective
date of this act, and shall submit with its reports such legislative
proposals as it deems necessary to implement its recommendations.

JUSTIFICATION:
Each year 1.5 million women are physically and/or sexually abused by
an intimate partner, and 25% will experience Intimate Palmer Violence
(IPV) at some time during their lifetimes. Moreover, 25% of
adolescent girls have experienced physical or sexual dating violence.
Similarly, injuries that result from such violence are significantly
more common among females for both adolescents and adult populations,
and approximately 10% of intentional injuries to adolescent girls are
reported to be the result of violent male dating. External factors
such as race, age, illiteracy, and ethnicity are closely related with
the climbing rates of IPV.

Research suggests that experience of physical dating violence among
teenagers and pre-teenagers was associated with substance use;
unhealthy weight control, sexual risk behavior (first intercourse
before the age of fifteen years, not using a condom at last
intercourse, pregnancy, and suicidality (considered, attempted
suicide).


Furthermore, adolescents experiencing dating violence are at
significantly elevated risk for having greater numbers of sex
partners, making them more vulnerable to contracting HIV and other
sexually transmitted diseases than adolescent girls who are not
abused by dating partners. Similarly, high school girls are found to
be approximately more likely than their non-abused peers to have ever
been pregnant. In contrast, younger girls are found to be at lower
risk for experiences of dating violence, this may be due to reduced
opportunity for such experiences.
For example, both adolescent girls and adult women who experienced
forced sex are more likely to exhibit eating disorders; also, violent
childhood experiences catalyze the vulnerability to become victims of
IPV. Likewise, the humiliation of, those who experienced IPV may
play a major role in predisposing teens to suicidal ideation and
behavior.

This legislation will direct New York Stare to study the causes of the
increasing rate of pre-teenage and teenage dating violence in New
York State, and report on the findings, conclusions and
recommendations periodically within a three year phase.

PRIOR LEGISLATIVE HISTORY:

2005-06: A.11110 Committee on Children and Families
2007-08: A.6855 Committee on Children and Families
2009-10: A.8494 Referred to Committee on Children and Families

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall expire 3 years after such effective date when
upon such date the provisions of this act shall be deemed repealed;
provided, however that any and all actions necessary to effectuate
the provisions of this act shall take effect immediately.

view bill text
                    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:

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  that  intimate  partner  violence against women is a major public
health concern that needs to be addressed with all practical  and  prag-
matic  tools  at its disposal and that those tools should be effectively
and responsibly utilized by communities all across the state.
  According to the Journal of the American Medical  Association  (JAMA),
1.5  million  women are physically and/or sexually abused by an intimate
partner each year, and 25% will experience intimate partner violence  at
some  time  during  their  lifetimes.  Moreover, 25% of adolescents have
experienced physical or sexual dating violence. In another  report,  the
U.S.  Department of Justice found out that females are approximately ten
times more likely to be killed by an intimate partner than are males.
  Similarly, injuries that result from such violence  are  significantly
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

and approximately 10% of intentional injuries to  adolescent  girls  are
reported  to be the result of violent male dating. External factors such
as race, age, illiteracy and ethnicity  are  closely  related  with  the
climbing  rates  of intimate partner violence. Furthermore, health risks
and demographics have been found  to  be  associated  with  both  dating
violence variables and health risk outcomes.
  Research  suggests  that the incidence of physical dating violence was
associated with substance use (heavy smoking,  binge  drinking,  driving
after  drinking, cocaine use), unhealthy weight control (diet pills use,
laxative use), risky sexual behavior (first intercourse before  the  age
of fifteen years, not using a condom at last intercourse, at least three
sex  partners  in  the  last  three  months), pregnancy, and suicidality
(considered, attempted suicide).
  A study found that many secondary effects are  commonly  related  with
the  prevalence  of intimate partner violence. For example, both adoles-
cent girls and adult women who experienced forcible sex are more  likely
to  exhibit  eating disorders; also, violent childhood experiences cata-
lyze the vulnerability to become victims of intimate  partner  violence.
Likewise,  the  humiliation  of  those  who experienced intimate partner
violence may play a major role in predisposing teens to  suicidal  idea-
tion  and  behavior.  Moreover, based on recent data from abused adults,
adolescents who experience dating  violence  may  be  less  likely  than
others to receive treatment for mental health concerns.
  Adolescents experiencing dating violence are at significantly elevated
risks  for  having  greater  numbers  of  sex partners, making them more
vulnerable to contracting HIV and other  sexually  transmitted  diseases
than  adolescent girls who are not abused by dating partners. Similarly,
abused high school girls are found to be more likely than  their  non-a-
bused  peers to have ever been pregnant. In contrast, younger girls were
found to be at lower risk for experiences of  dating  violence,  due  to
reduced opportunity for such experiences.
  Evidently,  the legislature needs to address this issue thoroughly due
to the disturbing statistics that show an increasing rate of  adolescent
dating violence. Bearing in mind that the state's population is composed
mainly  of  minority  groups,  and  that for example, according to JAMA,
black female students appear to be more  likely  than  individuals  from
other  groups  to  report  sexual  violence in the absence   of physical
violence from dating partners, it is imperative to formulate legislation
that would study this issue properly and then make necessary recommenda-
tions that would lead to minimizing this problem.
  As noted, it  is  relevant  to  make  a  relationship  between  dating
violence and health risks among, but not limited to, adolescent girls in
the state of New York. Health experts agree that perhaps the most press-
ing  need for research involves the development of this violent behavior
among perpetrators of abuse against dating partners. Prevention  efforts
in  this  area  should  be  expanded  and support should be provided for
development and  implementation  of  prevention  programs  and  services
specific  to  teen dating violence. Equally important, is the finding of
this legislature that medical and  mental  health  professionals  should
routinely  screen adolescents for dating violence and be aware of appro-
priate referrals.
  It is the finding of this legislature that a body of experts  in  this
area  be  convened to report and recommend solutions to intimate partner
violence that can be quickly implemented throughout the state.
  S 2. A temporary state commission  on  intimate  partner  violence  is
hereby  established,  within  the  office for the prevention of domestic

S. 3079--D                          3

violence, to examine, evaluate and make recommendations  concerning  the
prevalence,  causes,  effects,  risks and costs to the state of intimate
partner violence, including dating violence  toward  young  women.  Such
commission  shall  review the impact of the existing conditions on inti-
mate partner violence, and how to reduce such violence and increase  the
reporting of such violence.
  S 3. The temporary state commission on intimate partner violence shall
consist  of  15 members to be appointed as follows: 7 shall be appointed
by the governor; 3 shall be appointed by the temporary president of  the
senate;  3 shall be appointed by the speaker of the assembly; 1 shall be
appointed by the minority leader of the senate; and 1 shall be appointed
by the minority leader of the assembly. Of the members appointed by  the
governor:  1  member  shall  be a representative of the office of mental
health, 1 member shall be a representative of the education  department,
1  member  shall be a representative of the office for the prevention of
domestic violence, 1 member shall be a representative of the  office  of
children  and  family services and 1 member shall be a representative of
the crime victims board. The appointed members of the  commission  shall
be  broadly  representative  of  the geographic areas of the state.  The
members shall each have expertise in the prevalence, causes, effects  or
risks  of intimate partner violence, or the solutions for such violence.
The governor shall designate the chair and vice chair from among his  or
her  appointees.  Vacancies in the membership of the commission shall be
filled in the manner provided for original appointments.
  S 4. The members of the temporary state commission on intimate partner
violence shall convene as necessary as  determined  by  the  chair.  The
members  of the temporary state commission shall receive no compensation
for their services,  but  shall  be  allowed  their  necessary  expenses
incurred in the performance of their duties pursuant to this act.
  S  5.  The temporary state commission on intimate partner violence may
hold public hearings, and  within  all  relevant  laws  and  regulations
governing confidentiality, shall be entitled to request and receive data
of any applicable court, department, division, board, bureau, commission
or  agency  of  the state or any political subdivision thereof as it may
reasonably request to carry out properly its powers and duties  pursuant
to this act.
  S 6. The temporary state commission on intimate partner violence shall
make  a  preliminary  report  to the governor and the legislature of its
findings, conclusions and recommendations within twelve  months  of  the
effective date of this act; a second report of its findings, conclusions
and recommendations, and shall include an outcome analysis of the imple-
mentation  of  its  recommendations  from  the preliminary report within
twenty-four months of the effective date of this act; and a final report
of its final findings, conclusions and recommendations, and  an  outcome
analysis  of the implementation of its recommendations from its previous
two reports within thirty-six months of the effective date of this  act;
and shall submit with its reports such legislative proposals as it deems
necessary to implement its recommendations.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire 3 years  after  such  effective  date
when upon such date the provisions of this act shall be deemed repealed;
provided,  however  that any and all actions necessary to effectuate the
provisions of this act shall take effect immediately.

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