NY State Senate Bill 2021-S4837

Senate Bill S4837

2021-2022 Legislative Session

Requires 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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Feb 16, 2021	referred to judiciary

co-Sponsors

2021-S4837 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §39-c, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8954
2023-2024: S4372

2021-S4837 (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.

2021-S4837 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4837

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to domestic violence
training for judges and court clerks

 
SUMMARY OF PROVISIONS:

Section 1 amends the judiciary law by adding a new section 39-c to
require each judge or justice in a court that exercises criminal juris-
diction, each judge of the family court, each supreme court justice who
regularly handles matrimonial matters, and each court clerk of such
courts to attend, no less than ten hours every two years, a training
program related to domestic violence. Attendance at such training shall
be counted towards fulfillment of the training and education requirement
for justices and judges and shall be developed in coordination with both
organizations that work to prevent and intervene in issues of domestic
violence, as well as others that are experienced in providing trauma-in-
formed, victim-centered training regarding domestic violence. This
section also details what information this domestic violence education

program must include. This section further requires that these programs
be developed in coordination with an organization experienced in provid-
ing domestic violence training.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Many of the divorce cases that result in contested custody include
instances of domestic violence. However, many judges have outdated ideas
about domestic violence and lack a trauma informed lens in evaluating
cases before them. In fact, studies have shown that judges and court
personnel often rely on judgments or biases that can result in custody
being granted to an abusive parent, or leaving a child in increased risk
post-separation.(1) Judges in criminal cases should be trained to recog-
nize psychological issues caused by domestic violence, and to take such
psychological issues into consideration when a defendant's criminal
behavior is partially motivated thereby.(2)

This bill codifies the requirement that every judge and justice who
handles matrimonial, family court, and criminal matters shall attend
domestic violence training as part of their mandatory judicial training
and education requirements. Around half of the states in the country,
including California, Florida, and New Jersey, require similar training
and education.(3) By participating in such training, these judges and
justices would be better equipped to recognize signs and effects of
domestic violence and to protect those most vulnerable to it.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S8954-A Died in Rules Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) See Michelle Bemiller, When Battered Mothers Lose Custody: A Qual-
itative Study of Abuse at Home and in the Courts, J. CHILD CUSTODY 288
(2010).
2 Burgess, Draper, The Explanation of Family Violence: The Role of
Biological, Behavioral, and Cultural Selection, 11 CRIME & JUST. 59, 63
(1989).
3 Cal. Gov. Code § 68555; FL Stat. § 25.385; NJ Rev. Stat. § 2C:25-20
(2013).

2021-S4837 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S4837

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Sponsored By

Alessandra Biaggi