Senate Bill S4837

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4837
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08335-01-1

 S. 4837                             2
 
   (G) KNOWLEDGE OF TRAUMA AND ITS EFFECTS ON ADULT AND CHILD VICTIMS;
   (H) THE LETHALITY AND RISK OF DOMESTIC VIOLENCE;
   (I)  PROVIDING METHODS TO INCREASE INFORMATION SHARING AND COOPERATION
 AMONG COURT DEPARTMENTS IN COMBATING DOMESTIC ABUSE;
   (J) INFORMATION REGARDING AVAILABLE COMMUNITY RESOURCES  AND  VICTIMS'
 SERVICES;
   (K) LEGAL REMEDIES FOR PROTECTION;
   (L)  THE  HARM  COURTS  MAY  CAUSE VICTIMS BY SEPARATING CHILDREN FROM
 THEIR PRIMARY ATTACHMENT FIGURE, FAILING TO  PRIORITIZE  THE  SAFETY  OF
 CHILDREN  AND  NON-OFFENDING  PARENTS,  SEEKING TO AWARD CUSTODY TO BOTH
 PARENTS DESPITE THE PRESENCE OF DOMESTIC VIOLENCE  OR  CHILD  ABUSE,  OR
 RELYING ON FAULTY ASSUMPTIONS REGARDING DOMESTIC VIOLENCE THAT HAVE BEEN
 REJECTED  BY  REPUTABLE  PROFESSIONAL  ORGANIZATIONS,  SUCH  AS, BUT NOT
 LIMITED TO: (I) THE ASSUMPTION THAT WOMEN OR  CHILDREN  FREQUENTLY  MAKE
 FALSE  ALLEGATIONS OF ABUSE, (II) THE ASSUMPTION THAT A PARENT'S EFFORTS
 TO PROTECT A CHILD FROM ABUSE BY ANOTHER PARENT IS EVIDENCE  OF  UNWILL-
 INGNESS OR INABILITY TO COOPERATE WITH THAT PARENT, (III) THE ASSUMPTION
 THAT  ONE PARENT ALIENATES A CHILD FROM THE OTHER PARENT DUE TO A PATHO-
 LOGICAL MEDICAL SYNDROME, AND (IV) IN CASES INVOLVING DOMESTIC  VIOLENCE
 OR  CHILD ABUSE, THE ASSUMPTION THAT ONE PARENT CAN AND SHOULD SUPPORT A
 CHILD'S RELATIONSHIP WITH THE OTHER PARENT; AND
   (M) THE APPROPRIATE EXPERIENCE AND QUALIFICATIONS  FOR  CHILD  CUSTODY
 EVALUATORS  AND  EXPERT WITNESSES INVOLVED IN COURT PROCEEDINGS IN WHICH
 DOMESTIC VIOLENCE HAS BEEN ALLEGED.
   2. SUCH PROGRAM OR PROGRAMS SHALL BE DEVELOPED IN COORDINATION WITH AN
 ORGANIZATION DESIGNATED BY THE FEDERAL DEPARTMENT OF  HEALTH  AND  HUMAN
 SERVICES  TO COORDINATE STATEWIDE IMPROVEMENTS WITHIN LOCAL COMMUNITIES,
 SOCIAL SERVICE SYSTEMS AND  PROGRAMMING  REGARDING  THE  PREVENTION  AND
 INTERVENTION  OF  DOMESTIC VIOLENCE IN NEW YORK STATE AND OTHERS WHO ARE
 EXPERIENCED IN PROVIDING TRAUMA-INFORMED,  VICTIM-CENTERED  TRAINING  ON
 DOMESTIC VIOLENCE.
   3.  ATTENDANCE  AT  SUCH  PROGRAM  OR PROGRAMS SHALL BE COUNTED TOWARD
 FULFILLMENT OF THE TRAINING AND  EDUCATION  REQUIREMENTS  FOR  JUSTICES,
 JUDGES,  AND  COURT CLERKS ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE
 COURTS.
   § 2. This act shall take effect immediately.