S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. PARKER -- 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-
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.
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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-
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
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
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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.