Senate Bill S7939

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

                                  7939

                            I N  S E N A T E

                              May 25, 2010
                               ___________

Introduced  by  Sen. HUNTLEY -- 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  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
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).

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

                                                           LBD11751-03-0

S. 7939                             2

  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
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

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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.