senate Bill S8954A

2019-2020 Legislative Session

Relates to requiring certain judges and court clerks to attend a program approved by the chief administrator of the courts addressing issues relating to domestic violence every two years

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 28, 2020 print number 8954a
Oct 28, 2020 amend (t) and recommit to rules
Sep 02, 2020 referred to rules

S8954 - Details

Current Committee:
Senate Rules
Law Section:
Judiciary Law
Laws Affected:
Add §39-c, Judy L
Versions Introduced in 2021-2022 Legislative Session:
S4837

S8954 - Summary

Requires judges or justices in a court that exercises criminal jurisdiction, including town and village justices, family court judges, and justices of the supreme court who regularly handle matrimonial matters, and court clerks of such courts to attend a program approved by the chief administrator of the courts addressing issues relating to domestic violence totaling at least ten hours every two years.

S8954 - Sponsor Memo

S8954 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8954
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the judiciary law,  in  relation  to  domestic  violence
   training for judges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  The judiciary law is amended by adding a new section  39-c
 to read as follows:
   §  39-C.  DOMESTIC  VIOLENCE  TRAINING.  1. EACH JUDGE OR JUSTICE IN A
 COURT THAT EXERCISES CRIMINAL JURISDICTION, INCLUDING TOWN  AND  VILLAGE
 JUSTICES,  EACH  JUDGE  OF  THE  FAMILY  COURT,  AND EACH JUSTICE OF THE
 SUPREME COURT WHO REGULARLY HANDLES MATRIMONIAL MATTERS,  SHALL  ATTEND,
 EVERY  TWO  YEARS,  A PROGRAM APPROVED BY THE CHIEF ADMINISTRATOR OF THE
 COURTS ADDRESSING ISSUES RELATING TO DOMESTIC VIOLENCE.    SUCH  PROGRAM
 SHALL  INCLUDE,  BUT  SHALL NOT BE LIMITED TO: (A) INFORMATION ABOUT THE
 SPECIFIC NEEDS OF VICTIMS; (B) EDUCATION ON THE CAUSES OF  SEXUAL  ABUSE
 AND  FAMILY  VIOLENCE;  (C)  EDUCATION ON THE INCREASED VULNERABILITY OF
 CERTAIN POPULATIONS, BASED ON FACTORS SUCH AS RACE, IMMIGRATION  STATUS,
 GENDER IDENTITY, INCOME, OR ANY OTHER FACTOR DEEMED RELEVANT; (D) EDUCA-
 TION  ON CULTURALLY RESPONSIVE APPROACHES TO SERVING VICTIMS; (E) EDUCA-
 TION ON THE IMPACTS OF DOMESTIC ABUSE AND DOMESTIC ABUSE ALLEGATIONS  ON
 CHILDREN  AND  THE  IMPORTANCE  OF CONSIDERING THESE IMPACTS WHEN MAKING
 PARENTING TIME AND CHILD CUSTODY DECISIONS THAT ARE IN THE BEST INTEREST
 OF THE CHILD; (F) INFORMATION ON ALLEGED AND  SUBSTANTIATED  REPORTS  OF
 DOMESTIC  ABUSE;  (G)  PROVIDING METHODS TO INCREASE INFORMATION SHARING
 AND COOPERATION AMONG COURT DEPARTMENTS IN COMBATING DOMESTIC ABUSE; AND
 (H) THE AVAILABILITY OF COMMUNITY BASED DOMESTIC  VIOLENCE  SHELTER  AND
 SUPPORT SERVICES.
   2.  ATTENDANCE  AT SUCH PROGRAM SHALL BE COUNTED TOWARD FULFILLMENT OF
 THE TRAINING AND EDUCATION REQUIREMENTS FOR JUSTICES AND  JUDGES  ESTAB-
 LISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16773-01-0

S8954A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Judiciary Law
Laws Affected:
Add §39-c, Judy L
Versions Introduced in 2021-2022 Legislative Session:
S4837

S8954A (ACTIVE) - Summary

Requires judges or justices in a court that exercises criminal jurisdiction, including town and village justices, family court judges, and justices of the supreme court who regularly handle matrimonial matters, and court clerks of such courts to attend a program approved by the chief administrator of the courts addressing issues relating to domestic violence totaling at least ten hours every two years.

S8954A (ACTIVE) - Sponsor Memo

S8954A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8954--A
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  judiciary law, in relation to domestic violence
   training for judges and court clerks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The judiciary law is amended by adding a new section 39-c
 to read as follows:
   § 39-C. DOMESTIC VIOLENCE TRAINING. 1. EACH  JUDGE  OR  JUSTICE  IN  A
 COURT  THAT  EXERCISES CRIMINAL JURISDICTION, INCLUDING TOWN AND VILLAGE
 JUSTICES, EACH JUDGE OF THE FAMILY COURT, EACH JUSTICE  OF  THE  SUPREME
 COURT WHO REGULARLY HANDLES MATRIMONIAL MATTERS, AND EACH COURT CLERK OF
 SUCH  COURTS, SHALL ATTEND FOR NO LESS THAN TEN HOURS EVERY TWO YEARS, A
 PROGRAM OR PROGRAMS APPROVED BY THE CHIEF ADMINISTRATOR  OF  THE  COURTS
 ADDRESSING  ISSUES  RELATING  TO  DOMESTIC  VIOLENCE.    SUCH PROGRAM OR
 PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (A) INFORMATION ABOUT THE SPECIFIC NEEDS OF VICTIMS;
   (B) THE NATURE, EXTENT, AND DYNAMICS OF DOMESTIC  VIOLENCE,  INCLUDING
 EMOTIONAL, FINANCIAL, PHYSICAL, TECHNOLOGICAL, AND SEXUAL ABUSE;
   (C)  A  REVIEW  OF  THE COERCIVE TACTICS ABUSERS USE TO INDUCE FEAR IN
 THEIR VICTIMS;
   (D) EDUCATION ON THE INCREASED VULNERABILITY OF  CERTAIN  POPULATIONS,
 BASED  ON  FACTORS  SUCH  AS  RACE, IMMIGRATION STATUS, GENDER IDENTITY,
 INCOME, OR ANY OTHER FACTOR DEEMED RELEVANT, AND  CULTURALLY  RESPONSIVE
 APPROACHES TO SERVING VICTIMS;
   (E)  A  REVIEW  OF RELEVANT DOMESTIC VIOLENCE AND CHILD ABUSE STATUTES
 AND CASE LAW;
   (F) INFORMATION REGARDING THE INCREASED RISK  OF  ESCALATING  VIOLENCE
 THAT  OCCURS DURING COURT PROCEEDINGS OR WHEN A VICTIM ATTEMPTS TO LEAVE
 AN ABUSER AND PROCEDURES DESIGNED TO PROMOTE THE SAFETY  OF  THE  VICTIM
 AND OTHER HOUSEHOLD MEMBERS;
   (G) KNOWLEDGE OF TRAUMA AND ITS EFFECTS ON ADULT AND CHILD VICTIMS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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