senate Bill S5502A

Amended

Relates to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion

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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

  • 16 / May / 2013
    • REFERRED TO HEALTH
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 24 / May / 2013
    • PRINT NUMBER 5502A
  • 10 / Jun / 2013
    • 1ST REPORT CAL.1170
  • 11 / Jun / 2013
    • 2ND REPORT CAL.
  • 12 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 10 / Feb / 2014
    • PRINT NUMBER 5502B
  • 27 / Feb / 2014
    • 1ST REPORT CAL.205
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 29 / Apr / 2014
    • PASSED SENATE
  • 29 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 29 / Apr / 2014
    • REFERRED TO HEALTH

Summary

Relates to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion.

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Bill Details

See Assembly Version of this Bill:
A7643
Versions:
S5502
S5502A
S5502B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L

Sponsor Memo

BILL NUMBER:S5502A

TITLE OF BILL:
An act
to amend the public health law, in relation to health care and wellness
education and outreach programs for victims of sex offenses or victims
of child pornography promotion

PURPOSE OR GENERAL IDEA OF BILL: To educate the
public about the
availability of counseling programs, education programs and advocacy
services provided at no cost by governmental agencies and
not-for-profit organizations for victims of sexual offenses and for
victims of child pornography promotion and possession.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the
public health
law by adding a new paragraph (i) to subdivision 1 of section 207 of
the public health law. This would provide that the Department of
Health may conduct education and outreach programs for consumers,
patients, and health care providers relating to the availability of
individual, family and group counseling programs, education programs,
and advocacy services provided at no cost by governmental agencies
and not-for-profit organizations for victims of any sexual offense
which constitutes a crime and for victims of child pornography
promotion or possession

Section 2 provides that this act shall take effect immediately

JUSTIFICATION: The National Institute of Justice has
estimated that
one in four women and one in six men experience some form of sexual
assault during their lifetime. The Disaster Center reports that in
2011 there were almost 3,000 victims of forcible rape in New York
State. However, sexual crimes are among the most under-reported
crimes, with 54% of the cases still being unreported in 2010.

Sexual assault can cause severe trauma-related psychological disorders
that may affect victims for years after the assault. The Center for
Disease Control and Prevention (CDC) states that victims of sexual
violence face both immediate and chronic psychological consequences,
which include the following: depression, attempted or completed
suicide, alienation, and post-traumatic stress disorders.

Sexual violence can also have a severe social impact on its victims.
Those who are subject to sexual abuse are proven to have more
difficulties in developing relationships with family, friends and
intimate partners. In addition, unhealthy and risky behaviors can
derive as consequences of sexual violence and factors that increase a
person's vulnerability to being victimized again in the future
(CDC). Victims are more likely to engage in
high-risk sexual behaviors (e.g. unprotected sex and early sexual
situation) and to use harmful substances (cigarettes, alcohol, drugs).

In 2010, 79,668 children in New York State were abused or neglected,
according to the NYS Central Register of Child Abuse and Maltreatment
- a victimization rate of 18.0 for every 1,000 children. Sexual


offenses involving children can lead to the production and
distribution of pornographic material. The New York State Department
of Criminal Justice reports that in 2012 there were 22 arrests for
using a child in a sexual performance (i e play, motion picture,
photograph or dance). More than 100 people were arrested for
promoting sexual performances of a child In addition, more than 100
people were arrested for possessing pornographic material involving
children.

The Child Pornography Victim Assistance (CPVA) Program is responsible
for the notification process for victims of child pornography, which
is mandated under the Crime Control Act of 1990 (42 U S.C. § 10607)
and the Crime Victims' Rights Act of 2004 (18 U.S.C. § 3771). Victims
of child pornography face continued victimization as the images of
their sexual abuse are repeatedly downloaded and distributed by
collectors of child pornography. These victims are forced to
continuously live their abuse and may develop severe psychological
consequences, including depression and suicidal thoughts.

This bill would allow the Department of Health to promote the
availability of individual, family, and group counseling programs,
education programs and advocacy services provided at no cost for
victims of sexual offenses and child pornography promotion or
possession. Victims of such offenses may need help to overcome the
trauma but may not be aware of the availability of assistance
programs Promoting the existence of counseling and advocacy programs
is fundamental to encourage victims to face their abuse and to
recover from the resulting psychological distress. Victims should be
proactively informed of the possibility to receive help and
assistance.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Nominal.

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
________________________________________________________________________

                                 5502--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 public health law, in relation to health care and
  wellness education and outreach programs for victims of  sex  offenses
  or victims of child pornography promotion

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

  Section 1. Subdivision 1 of section 207 of the public  health  law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  THE  AVAILABILITY  OF  INDIVIDUAL,  FAMILY  AND  GROUP COUNSELING
PROGRAMS, EDUCATION PROGRAMS, AND ADVOCACY SERVICES PROVIDED AT NO  COST
BY GOVERNMENTAL AGENCIES AND NOT-FOR-PROFIT ORGANIZATIONS FOR VICTIMS OF
ANY  SEXUAL  OFFENSE  WHICH CONSTITUTES A CRIME AND FOR VICTIMS OF CHILD
PORNOGRAPHY PROMOTION OR POSSESSION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10939-03-3

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