S T A T E O F N E W Y O R K
________________________________________________________________________
8494--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
___________
Introduced by M. of A. P. RIVERA, ARROYO, ESPAILLAT, ORTIZ, V. LOPEZ,
POWELL, RAMOS, J. RIVERA, N. RIVERA, BENEDETTO, BALL, DelMONTE,
M. MILLER, JAFFEE, CASTRO, REILLY, CRESPO, COLTON, ROBINSON -- Multi-
Sponsored by -- M. of A. BENJAMIN, CAHILL, GIBSON, JEFFRIES, JOHN,
LUPARDO, MARKEY, MAYERSOHN, McDONOUGH, PHEFFER, SCARBOROUGH, TITONE --
read once and referred to the Committee on Children and Families --
recommitted to the Committee on Children and Families in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to establish a temporary state commission, within the office of
mental health, to study intimate partner violence; and providing for
the repeal of such provisions upon expiration 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11751-02-0
A. 8494--A 2
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 of mental health, 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
A. 8494--A 3
review, with particular care, the impact of the existing conditions on
intimate 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 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 repre-
sentative 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 appoint-
ees. Vacancies in the membership of the commission shall be filled in
the manner provided for original appointments.
S 4. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
S 5. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
S 6. To the maximum extent feasible, the commission shall be entitled
to request and receive, and shall utilize and be provided with such
facilities, resources and data of any court, department, division,
board, bureau, commission or agency of the state or any political subdi-
vision thereof as it may reasonably request to carry out properly its
powers and duties pursuant to this act.
S 7. 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
of its findings, conclusions and recommendations, and shall include an
outcome analysis of the implementation 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 recom-
mendations.
S 8. This act shall take effect immediately and shall expire and be
deemed repealed three years and one day after such effective date.