NY State Senate Bill 2015-S3630

Archive: Last Bill Status - In Senate Committee Social Services 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to social services
Feb 13, 2015	referred to social services

2015-S3630 (ACTIVE) - Details

See Assembly Version of this Bill:: A2005
Current Committee:: Senate Social Services
Law Section:: Executive Law
Laws Affected:: Amd §575, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1593, A9050
2017-2018: S542, A1996
2019-2020: S1290, A2523
2021-2022: A1849

2015-S3630 (ACTIVE) - Summary

Relates to the report of programs available to survivors of domestic violence.

2015-S3630 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3630

TITLE OF BILL:  An act to amend the executive law, in relation to
reporting of programs available to survivors of domestic violence

PURPOSE:

To create a report detailing various programs aimed at assisting
survivors of domestic violence as well as supporting information.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states the legislative intent and further states that by
November 13, 2015 a report and recommendations shall be provided
including the types of treatment programs and resources currently
available, an evaluation of existing domestic violence forensic
examiner programs, a list of criminal offenses for which creation of a
statewide domestic violence forensic examiner program would be of
assistance, recommendations to enhance collection of evidence, and an
evaluation of fiscal costs.

Section 2 is the effective date.

JUSTIFICATION:

Forensic examiner programs provide significant amounts of assistance

to both survivors of domestic violence, but also law enforcement
looking to build a case. For example The Family Justice Center of Erie
County is home to a Forensic Medical Unit (FMU) in all of NY State
dedicated to domestic violence, thanks to the partnership with
University of Buffalo Family Medicine. These full-time Registered
Nurses document end photograph (via electronic body mapping) client
injuries using high-tech digital camera equipment. This documentation
is immeasurable in its ability to detect injuries that traditional
hospital Photographs cannot detect; the high tech equipment can also
detect pooling of blood under the skin from incidents like
strangulation; as one example. These visual records, which can take
four or more hours to produce, are then used by the District Attorney
in prosecutions, if the client wishes to press charges. Additionally,
the FMU nurse testifies at trial, as required.

The Forensic Medical Unit is one of the agency's most sought after
services and the Erie County District Attorney calls the records
generated by the FMU "invaluable" leading to increased plea bargains
and higher conviction rates. The increased plea bargains, thanks to
the FMU, save taxpayers the skyrocketing expense of trial. The DA's
office has put. area hospitals on notice to send all domestic violence
victims to the Family Justice Center for injury documentation,
informing hospitals that traditional photos are not suitable evidence
for court. Not only does it save taxpayers money but it saves victims
the trauma of testifying at a trial along with avoiding the trauma of
being examined at a hospital; where the- evidence is NOT permissible
in court. The forensic medical unit documentation is permissible in
court with conviction rates almost 100% of the time.

This legislation will allow for sustainability of FMU in the Family
Justice Center as a "one stop center" and will allow for evaluation


and expansion, over time, of forensic medical units in other Family
Justice Centers throughout New York State.

PRIOR LEGISLATIVE HISTORY:

S.6889/A.9669 of 2011-2012  Reported to Senate Finance Committee.
S.1593-B/ A.9050 of 2013-2014  Passed Senate.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3630 (ACTIVE) - Bill Text download pdf

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

                                  3630

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the executive law, in relation to reporting of  programs
  available to survivors of domestic violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 575 of the executive law is amended  by  adding  a
new subdivision 11 to read as follows:
  11. LEGISLATIVE INTENT. (A) THE LEGISLATURE HEREBY FINDS THAT DOMESTIC
VIOLENCE  IS  A  PERVASIVE  PROBLEM  IN NEW YORK STATE, WITH HUNDREDS OF
THOUSANDS OF INCIDENTS BEING REPORTED EACH YEAR. THE LEGISLATURE FURTHER
FINDS THAT DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAMS HAVE THE  POTEN-
TIAL  TO  IMPROVE  THE  STATE'S  ABILITY  TO  PROSECUTE SUCH CRIMES, AND
ENHANCE THE PROVISION OF TREATMENT AND SERVICES TO  VICTIMS.  THEREFORE,
THE  LEGISLATURE  FINDS IT PRUDENT AND NECESSARY TO REQUIRE A COMPREHEN-
SIVE EVALUATION OF EXISTING SERVICES AND SUCH FORENSIC EXAMINER PROGRAMS
TO DETERMINE HOW TO BEST REDUCE AND ADDRESS DOMESTIC VIOLENCE WITHIN THE
STATE.
  (B) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND SEVENTEEN, THE EXEC-
UTIVE DIRECTOR OF THE OFFICE FOR THE  PREVENTION  OF  DOMESTIC  VIOLENCE
SHALL,  IN  CONJUNCTION  WITH THE COMMISSIONER OF HEALTH AND THE COMMIS-
SIONER OF CRIMINAL JUSTICE SERVICES, PROVIDE A  REPORT  AND  RECOMMENDA-
TIONS  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY  REGARDING  THE  POTENTIAL  ESTABLISHMENT  OF  A
STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM.
  (C)  SUCH REPORT AND RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  (I) THE TYPES OF TREATMENT PROGRAMS AND RESOURCES CURRENTLY  AVAILABLE
TO SURVIVORS OF DOMESTIC VIOLENCE;
  (II) AN EVALUATION OF ANY EXISTING DOMESTIC VIOLENCE FORENSIC EXAMINER
PROGRAMS, INCLUDING THEIR IMPACT ON DOMESTIC VIOLENCE PROSECUTIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02766-01-5

S. 3630                             2

  (III)  A  LIST  OF  CRIMINAL  OFFENSES FOR WHICH PROSECUTIONS COULD BE
AIDED BY A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM;
  (IV)  RECOMMENDATIONS REGARDING POTENTIAL PRACTICES AND PROTOCOLS THAT
COULD ENHANCE THE COLLECTION OF EVIDENCE IN DOMESTIC VIOLENCE CASES, AND
IMPROVE THE QUALITY OF TREATMENT AND SERVICES PROVIDED TO VICTIMS; AND
  (V) AN EVALUATION OF FISCAL COSTS ASSOCIATED WITH THE ESTABLISHMENT OF
A STATEWIDE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM,  INCLUDING  THE
POTENTIAL  ROLE  OF PRIVATE INSURANCE PROVIDERS AND RECOMMENDED MEASURES
TO AVOID SUBJECTING LOCAL GOVERNMENTAL UNITS TO ANY UNFUNDED MANDATE.
  S 2. This act shall take effect immediately.

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Senate Bill S3630

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

2015-S3630 (ACTIVE) - Details

2015-S3630 (ACTIVE) - Summary

2015-S3630 (ACTIVE) - Sponsor Memo

2015-S3630 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3630

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Social Services Committee

2015-S3630 (ACTIVE) - Details

2015-S3630 (ACTIVE) - Summary

2015-S3630 (ACTIVE) - Sponsor Memo

2015-S3630 (ACTIVE) - Bill Text download pdf

Comments