senate Bill S828

2013-2014 Legislative Session

Establishes the temporary state commission on intimate partner violence, within office for the prevention of domestic violence to study, report on and make recommendations on such violence

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

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S828 - Bill Details

See Assembly Version of this Bill:
A2312
Current Committee:
Senate Finance
Law Section:
Commissions
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3079D, A7348D
2009-2010: S7939, A8494A

S828 - Bill Texts

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Establishes the temporary state commission on intimate partner violence, within the office for the prevention of domestic violence, to study, report on and make recommendations on the prevalence, causes, effects, risks and costs of such violence.

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BILL NUMBER:S828

TITLE OF BILL:
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
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a commission that will study the negative
implication of dating violence among women and will make
recommendations upon their findings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Legislative Intent. Intimate partner violence against
women is a major public health concern that must be addressed with
practical and pragmatic tools. The bill addresses the issue of dating
violence among young women, especially among teen and pre-teens. The
alarming rate increase of violence towards teenage girls is closely
related to external factors such as race, ace, illiteracy and
ethnicity. Moreover, incidents of dating violence axe associated with
substance use, unhealthy weight control, risky behavior (first
intercourse before the age of fifteen years).

Section 2: Establishes the temporary state commission on intimate
partner violence to study, report and make recommendations on such
violence.

Section 3-6: Establishes structure of Commission. 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 shall be issued
two years after the effective date of this act. And, a final report
shall be issued within three years after the effective date of this
act, and shall submit with its reports such legislative proposals
as it deems necessary to implement its recommendations.

JUSTIFICATION:
Each year 1.5 million women are physically and/or sexually abused by
an intimate partner, and 25% will experience Intimate Partner
Violence (IPV) at some time during their lifetimes. Moreover, 25% of
adolescent girls have experienced physical or sexual dating
violence. Similarly, injuries that result from such violence are
significantly more common among females for both adolescents and
adult populations, and approximately 1.0% 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 IPV.

Research suggests that experience of physical dating violence among
teenagers and pre-teenagers was associated with substance use;
unhealthy weight control, sexual risk behavior (first intercourse
before the age


of fifteen years, not using a condom at last intercourse, pregnancy,
and suicidality (considered, attempted suicide).

Furthermore, adolescents experiencing dating violence are at
significantly elevated risk 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-abused peers to have ever been pregnant. In contrast,
younger girls are found to be at lower risk for experiences of dating
violence, this may be due to reduced opportunity for such experiences.
For example, both adolescent girls and adult women who experienced
forced sex are more likely to exhibit eating disorders; also, violent
childhood experiences catalyze the vulnerability to become victims of
IPV. Likewise, the humiliation of those who experienced IPV may play a
major role in predisposing teens to suicidal ideation and behavior.

This legislation will direct New York Stare to study the causes of the
increasing rate of pre-teenage and teenage dating violence in New
York State, and report on the findings, conclusions and
recommendations periodically within a three year phase.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.3079A/A.7348 - Died in Rules
2009-10: A.8494 Referred to Committee on Children and Families
2007-08: A.6855 Committee on Children and Families
2005-06: A.11110 Committee on Children and Families

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

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

                                   828

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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-
  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.
                                                           LBD02838-01-3

S. 828                              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.
  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

S. 828                              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.
  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.

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