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

                                  1730

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sens. PARKER, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

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.
  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05613-01-5
              

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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.
  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

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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.