senate Bill S909A

2013-2014 Legislative Session

Provides information on where to seek help regarding sexual trauma in the military

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2014 print number 909a
amend (t) and recommit to veterans, homeland security and military affairs
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jan 09, 2013 referred to veterans, homeland security and military affairs

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S909 - Bill Details

See Assembly Version of this Bill:
A6227A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.09, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S6342D

S909 - Bill Texts

view summary

Provides information on where to seek help regarding sexual trauma in the military.

view sponsor memo
BILL NUMBER:S909

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to developing
plans to adequately address military sexual trauma experienced by female
veterans

PURPOSE OR GENERAL IDEA OF BILL:
To disseminate information to female veterans and make available at
the Office of Mental Health and Department of Veteran Affairs
websites where they can seek treatment and counseling for Military
Sexual Trauma.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends section 7.09 of the mental hygiene law by adding new
subdivision k: The Commissioner of Mental Health shall promulgate
rules and regulations to disseminate information to female veterans,
when applicable, regarding which veterans affairs centers and other
organizations such female veterans can seek treatment, counseling and
resources for Military Sexual Trauma (MST). Such information shall be
Posted on the offices website with a link to the website of the
United States Department of Veterans Affairs and a link to the State
Division of Veterans' Affairs.

Subdivision 1: The Commissioner shall establish peer counseling and
support services regarding Military Sexual Trauma for female veterans
at one or more veterans affairs facilities if deemed appropriate and
necessary.

JUSTIFICATION:
In many instances those veterans who have returned home from combat
and/or have completed their tour of duty have had a myriad of
experiences that sometimes adversely affect them. The experiences and
events they go through can sometimes lead to Post Traumatic Stress
Disorder (PTSD).

However, female veterans can also go through traumatic experiences
that are not discussed as often as PTSD. One trauma they go through
in particular is Military Sexual Trauma (MST). The definition of MST
used by the Department of Veteran Affairs is: psychological trauma,
which in the judgment of a VA mental health professional, resulted
from a physical assault of a sexual nature, battery of a sexual
nature, or sexual harassment which occurred while the Veteran was
serving on active duty or active duty for training.

It is imperative that information of where to seek treatment and coun-
seling for Military Sexual Trauma is afforded to female veterans and
posted or. the Department of Veterans Affairs website. Providing
these veterans with this information will enable them to know where
to go for help and services.

The Department of Veteran Affairs states that in a screening for
military personnel seeking VA healthcare 1 in 5 women responded "yes"
when screened for MST. However, according to pentagon statistics
nearly 1 in 3 women in the military is at risk for sexual assault,


twice as many as in the general population. In March 2008, the
Department of Defense (DoD) released their fourth annual sexual
assault report, which stated that there were 2,688 reports of sexual
assault in 2007. Although this is down from the 2,947 allegations of
sexual assaults reported in 2006, the DoD changed their reporting
requirements from calendar year to fiscal year, so there is no way to
tell if this reflects a decrease in sexual assaults or not.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.6342D - Died in Veterans and Homeland Security

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   909

                       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 Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the mental hygiene law, in relation to developing  plans
  to  adequately  address  military  sexual trauma experienced by female
  veterans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  7.09  of  the mental hygiene law is amended by
adding two new subdivisions (k) and (l) to read as follows:
  (K) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO DISSEM-
INATE INFORMATION TO FEMALE VETERANS, WHEN APPLICABLE,  REGARDING  WHICH
VETERANS'  AFFAIRS  CENTERS AND OTHER ORGANIZATIONS SUCH FEMALE VETERANS
CAN SEEK TREATMENT, COUNSELING AND RESOURCES FOR MILITARY SEXUAL TRAUMA.
SUCH INFORMATION SHALL BE POSTED ON THE OFFICE'S WEBSITE WITH A LINK  TO
THE  WEBSITE  OF  THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND A
LINK TO THE WEBSITE OF THE STATE DIVISION OF VETERANS' AFFAIRS.  FOR THE
PURPOSES OF THIS ARTICLE, MILITARY SEXUAL TRAUMA SHALL  MEAN  PSYCHOLOG-
ICAL  TRAUMA,  WHICH  IN  THE  JUDGMENT OF A MENTAL HEALTH PROFESSIONAL,
RESULTED FROM A PHYSICAL ATTACK OF A SEXUAL NATURE, BATTERY OF A  SEXUAL
NATURE OR SEXUAL HARASSMENT WHICH OCCURRED WHILE THE VETERAN WAS SERVING
ON ACTIVE DUTY OR ON ACTIVE DUTY FOR TRAINING.
  (L)  THE  COMMISSIONER  SHALL  ESTABLISH  PEER  COUNSELING AND SUPPORT
SERVICES REGARDING MILITARY SEXUAL TRAUMA FOR FEMALE VETERANS AT ONE  OR
MORE  FACILITIES OPERATED OR CERTIFIED BY THE OFFICE IF THE COMMISSIONER
DEEMS IT APPROPRIATE AND NECESSARY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02827-01-3

Co-Sponsors

view additional co-sponsors

S909A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6227A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.09, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S6342D

S909A (ACTIVE) - Bill Texts

view summary

Provides information on where to seek help regarding sexual trauma in the military.

view sponsor memo
BILL NUMBER:S909A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
providing information on where to seek help in regards to military
sexual trauma

PURPOSE OR GENERAL IDEA OF BILL: To disseminate information to
veterans and make available at the Office of Mental Health and the
Division of Veterans Affairs websites where they can seek treatment
and counseling for Military Sexual Trauma. (MST)

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Section 7.09 of the Mental Hygiene Law by adding a
new subdivision (k) to require the Commissioner of the Office of
Mental Health to disseminate information to veterans regarding which
United States Department of Veterans Affairs Medical Centers,
outpatient clinics, community-based outpatient clinics, vet centers or
other United States Department of Veterans Affairs facilities veterans
can seek treatment, counseling and resources for military sexual
trauma experienced while on active duty or during military training.

Section 2: Effective Date.

JUSTIFICATION: In many instances those veterans who have returned
home from combat and/or have completed their tour of duty have had a
myriad of experiences that sometimes adversely affect them. The
experiences and events they go through can sometimes lead to Post
Traumatic Stress Disorder (PTSD).

However, female and male veterans can also through traumatic
experiences that are not discussed as often as PTSD. One trauma they
go through in particular is Military Sexual Trauma (MST).

It is imperative that information of where to seek treatment and
counseling for Military Sexual Trauma is forwarded to veterans and
posted on both the Office of Mental Health's websites and the Division
of Veterans Affairs website. Providing these veterans with information
will enable them to know where to go for help and services.

The United States Department of Veterans Affairs states that in a
screening for military personnel seeking VA healthcare 1 in 5 women
responded "yes" when screened for MST. However, according to Pentagon
statistics nearly 1 in 3 women in the military is at risk for sexual
assault, twice as many as the general population. In March 2008, the
Department of Defense (DOD) released their fourth annual sexual
assault, which stated that there were 2,688 reports of sexual assaults
in 2007. Although this is down from the 2,947 allegations of sexual
assaults reported in 2006, the DOD changed their reporting
requirements from calendar year to fiscal year, so that there is no
way to tell if this reflects a decrease in sexual assaults or not.

PRIOR LEGISLATIVE HISTORY: 2013 A6227: referred to Veterans' Affairs
Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Unknown.


EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law; provided, however, that effective
immediately, the commissioner of mental health shall promulgate any
rules or regulations necessary for the implementation of this act on
or before its effective date.

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

                                 909--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PARKER,  AVELLA,  BRESLIN, ESPAILLAT, MONTGOMERY,
  O'BRIEN, SAMPSON -- read twice and ordered printed, and  when  printed
  to  be  committed  to the Committee on Veterans, Homeland Security and
  Military Affairs -- recommitted to the Committee on Veterans, Homeland
  Security and Military Affairs in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the mental hygiene law, in relation to providing infor-
  mation on where to seek help in regards to military sexual trauma

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  7.09  of  the mental hygiene law is amended by
adding a new subdivision (k) to read as follows:
  (K) THE COMMISSIONER SHALL DISSEMINATE INFORMATION TO VETERANS REGARD-
ING WHICH UNITED STATES DEPARTMENT OF VETERANS AFFAIRS MEDICAL  CENTERS,
OUTPATIENT  CLINICS,  COMMUNITY-BASED OUTPATIENT CLINICS, VET CENTERS OR
OTHER UNITED STATES DEPARTMENT OF VETERANS AFFAIRS  FACILITIES  VETERANS
CAN SEEK TREATMENT, COUNSELLING AND RESOURCES FOR MILITARY SEXUAL TRAUMA
EXPERIENCED  WHILE  ON  ACTIVE  DUTY  OR  DURING MILITARY TRAINING. SUCH
INFORMATION SHALL BE POSTED ON THE OFFICES WEBSITE WITH A  LINK  TO  THE
WEBSITE  OF  THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND A LINK
TO THE WEBSITE OF THE STATE DIVISION OF VETERANS' AFFAIRS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
commissioner of mental health shall promulgate any rules and regulations
necessary for the implementation of this act on or before its  effective
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02827-05-4

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