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

                                  2312

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M. of A. CRESPO, CASTRO, GIBSON, AUBRY, MILLER, SCARBOR-
  OUGH, COOK, WEPRIN -- Multi-Sponsored by -- M. of A.  ARROYO,  BARRON,
  CLARK,  CROUCH, McDONOUGH, RAMOS, RIVERA, ROBINSON, RODRIGUEZ, SALADI-
  NO, STEVENSON -- read once and referred to the Committee  on  Children
  and Families

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02838-01-3
              

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  Research  suggests  that the incidence of physical dating violence was
associated with substance use (heavy smoking,  binge  drinking,  driving
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.

A. 2312                             3

  S 3. The temporary state commission on intimate partner violence shall
consist  of  15 members to be appointed as follows: 7 shall be appointed
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.