Senate Bill S3079

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

                                 3079--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  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
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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00951-03-1

S. 3079--A                          2

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
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

S. 3079--A                          3

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 temporary state commission on intimate partner violence may
meet within and without the state, shall hold public hearings, and shall
have all the powers of a legislative committee pursuant to the  legisla-
tive law.
  S 5. The members of the temporary state commission on intimate partner
violence  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 temporary state commission on
intimate  partner violence 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 subdivision thereof as it  may  reasonably
request  to  carry  out  properly its powers and duties pursuant to this
act.
  S 7. 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.
  S 8. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  three  years  and  one  day after such effective date;
provided, however, that if upon such effective date, an appropriation to
the office of mental health shall not have been made  for  reimbursement
services for the purpose of implementing the provisions of sections two,
three,  four,  five, six and seven of this act, then this act shall take
effect on the forty-fifth day after such an appropriation is  made,  and
provided,  further,  that  the  division  of the budget shall notify the
legislative bill drafting commission on September 1, 2011  whether  such
an appropriation has been made, and if such appropriation shall not have
been made on or before such date, the division of the budget shall noti-
fy the legislative bill drafting commission upon the date such an appro-
priation shall have been made, in order that the commission may maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

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

                                 3079--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee on Finance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00951-04-1

              

S. 3079--B                          2

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
review,  with  particular care, the impact of the existing conditions on

S. 3079--B                          3

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 temporary state commission on intimate partner violence may
meet within and without the state, shall hold public hearings, and shall
have all the powers of a legislative committee pursuant to the  legisla-
tive law.
  S 5. The members of the temporary state commission on intimate partner
violence  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 temporary state commission on
intimate  partner violence 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 subdivision thereof as it  may  reasonably
request  to  carry  out  properly its powers and duties pursuant to this
act.
  S 7. 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.
  S 8. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  three  years  and  one  day after such effective date;
provided, however, that if upon such effective date, an appropriation to
the office of mental health shall not have been made  for  reimbursement
services for the purpose of implementing the provisions of sections two,
three,  four,  five, six and seven of this act, then this act shall take
effect on the forty-fifth day after such an appropriation is  made,  and
provided,  further,  that  the  division  of the budget shall notify the
legislative bill drafting commission on September 1, 2012  whether  such
an appropriation has been made, and if such appropriation shall not have

S. 3079--B                          4

been made on or before such date, the division of the budget shall noti-
fy the legislative bill drafting commission upon the date such an appro-
priation shall have been made, in order that the commission may maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

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

                                 3079--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee on Finance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- committee discharged and said bill committed to  the  Committee
  on  Rules  -- 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.
                                                           LBD00951-07-2
              

S. 3079--C                          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 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

S. 3079--C                          3

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.
  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 temporary and disa-
bility assistance, 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.
  S 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.
  S  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.
  S 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.
  S  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.

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

                                 3079--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sens. HUNTLEY, RIVERA -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Finance  in  accordance  with  Senate  Rule  6,  sec.  8  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- committee discharged and said bill  committed  to
  the  Committee on Rules -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00951-09-2
              

S. 3079--D                          2

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).
  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 for the prevention of domestic

S. 3079--D                          3

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.
  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 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.
  S 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.
  S  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.
  S 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.
  S  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.