senate Bill S1593A

Amended

Relates to the report of programs available to survivors of domestic violence

download pdf

Sponsor

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 31 / May / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 31 / May / 2013
    • PRINT NUMBER 1593A
  • 10 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 09 / Oct / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 09 / Oct / 2013
    • PRINT NUMBER 1593B
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1232
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Relates to the report of programs available to survivors of domestic violence.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2400A
Versions:
S1593
S1593A
S1593B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง575, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S6889, A9669

Votes

Sponsor Memo

BILL NUMBER:S1593A

TITLE OF BILL: An act to amend the executive law, in relation to
reporting of programs available to survivors of domestic violence

PURPOSE: To create a report detailing various programs aimed at
assisting survivors of domestic violence as well as supporting
information.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 states the legislative
intent and further states that by November 1, 2013 a report and
recommendations shall be provided including the types of treatment
programs and resources currently available, an evaluation of existing
domestic violence forensic examiner programs, a list of criminal
offenses for which creation of a statewide domestic violence forensic
examiner program would be of assistance, recommendations to enhance
collection of evidence, and an evaluation of fiscal costs.

Section 2 is the effective date.

JUSTIFICATION: Forensic examiner programs provide significant amounts
of assistance to both survivors of domestic violence, but also law
enforcement looking to build a case. For example The Family Justice
Center. of Erie County is home to a Forensic Medical Unit (FMU) in all
of NY State dedicated to domestic violence, thanks to the partnership
with University of Buffalo Family Medicine. These full-time Registered
Nurses document end photograph (via electronic body mapping) client
injuries using high-tech digital camera equipment. This documentation
is immeasurable in its ability to detect injuries that traditional
hospital photographs cannot detect; the high tech equipment can also
detect pooling of blood under the skin from incidents like
strangulation; as one example. These visual records, which can take
four or more hours to produce, are then used by the District Attorney
in prosecutions, if the client wishes to press charges. Additionally,
the FMU nurse testifies at. trial, as required.

The Forensic Medical Unit is one of the agency's most sought after
services and the Erie County District Attorney calls the records
generated by the FMU "invaluable" leading to increased plea bargains
and higher conviction rates. The increased plea bargains, thanks to
the FMU, save taxpayers the skyrocketing expense of trial. The DA's
office has put. area hospitals on notice to send all domestic violence
victims to the Family Justice Center for injury documentation,
informing -hospitals that traditional photos are not suitable evidence
for. court. Not only does it save taxpayers money but it saves victims
the trauma of testifying at a trial along with avoiding the trauma of
being examined at a hospital; where the evidence is NOT permissible in
court. The forensic medical unit documentation IS permissible in
court. with conviction rates almost 100% of the time.

This legislation will allow for sustainability of FMU in the Family
Justice Center as a "one stop center" and will allow for evaluation
and expansion, over time, of forensic medical units in other Family
Justice Centers throughout New York State.

PRIOR LEGISLATIVE HISTORY: S. 6889 Introduced to Senate Finance
Committee


FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1593--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the executive law, in relation to reporting of programs
  available to survivors of domestic violence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section 575 of the executive law is amended by adding a
new subdivision 11 to read as follows:
  11. LEGISLATIVE INTENT. (A) THE LEGISLATURE HEREBY FINDS THAT DOMESTIC
VIOLENCE IS A PERVASIVE PROBLEM IN NEW  YORK  STATE,  WITH  HUNDREDS  OF
THOUSANDS OF INCIDENTS BEING REPORTED EACH YEAR. THE LEGISLATURE FURTHER
FINDS  THAT DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAMS HAVE THE POTEN-
TIAL TO IMPROVE THE  STATE'S  ABILITY  TO  PROSECUTE  SUCH  CRIMES,  AND
ENHANCE  THE  PROVISION OF TREATMENT AND SERVICES TO VICTIMS. THEREFORE,
THE LEGISLATURE FINDS IT PRUDENT AND NECESSARY TO REQUIRE  A  COMPREHEN-
SIVE EVALUATION OF EXISTING SERVICES AND SUCH FORENSIC EXAMINER PROGRAMS
TO DETERMINE HOW TO BEST REDUCE AND ADDRESS DOMESTIC VIOLENCE WITHIN THE
STATE.
  (B) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND FOURTEEN, THE EXECU-
TIVE  DIRECTOR  OF  THE  OFFICE  FOR THE PREVENTION OF DOMESTIC VIOLENCE
SHALL, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH  AND  THE  COMMIS-
SIONER  OF  CRIMINAL  JUSTICE SERVICES, PROVIDE A REPORT AND RECOMMENDA-
TIONS TO THE GOVERNOR, THE TEMPORARY RESIDENT OF  THE  SENATE,  AND  THE
SPEAKER  OF  THE  ASSEMBLY  REGARDING  THE  POTENTIAL ESTABLISHMENT OF A
STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM.
  (C) SUCH REPORT AND RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE  LIMITED
TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04776-02-3

S. 1593--A                          2

  (1)  THE TYPES OF TREATMENT PROGRAMS AND RESOURCES CURRENTLY AVAILABLE
TO SURVIVORS OF DOMESTIC VIOLENCE;
  (2)  AN EVALUATION OF ANY EXISTING DOMESTIC VIOLENCE FORENSIC EXAMINER
PROGRAMS, INCLUDING THEIR IMPACT ON DOMESTIC VIOLENCE PROSECUTIONS;
  (3) A LIST OF CRIMINAL OFFENSES FOR WHICH PROSECUTIONS COULD BE  AIDED
BY A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM;
  (4)  RECOMMENDATIONS  REGARDING POTENTIAL PRACTICES AND PROTOCOLS THAT
COULD ENHANCE THE COLLECTION OF EVIDENCE IN DOMESTIC VIOLENCE CASES, AND
IMPROVE THE QUALITY OF TREATMENT AND SERVICES PROVIDED TO VICTIMS; AND
  (5) AN EVALUATION OF FISCAL COSTS ASSOCIATED WITH THE ESTABLISHMENT OF
A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM,  INCLUDING  THE
POTENTIAL  ROLE  OF PRIVATE INSURANCE PROVIDERS AND RECOMMENDED MEASURES
TO AVOID SUBJECTING LOCAL GOVERNMENTAL UNITS TO ANY UNFUNDED MANDATE.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.