S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5749
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER,  BAILEY, BRESLIN, HOYLMAN-SIGAL, KENNEDY,
   PERSAUD, SANDERS -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Finance
 
 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07440-01-3
              

 S. 5749                             2
 
 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.
   § 2. A temporary state commission  on  intimate  partner  violence  is
 hereby  established,  within  the  office for the prevention of domestic
 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.
   § 3. The temporary state commission on intimate partner violence shall
 consist  of  15 members to be appointed as follows: 7 shall be appointed
 S. 5749                             3

 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.
   § 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.
   § 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.
   § 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.
   § 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.