BILL NUMBER: S1290

SPONSOR: FUNKE
 
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 survi-
vors of domestic violence as well as supporting information.

 
SUMMARY OF PROVISIONS:

Section 1 states the legislative intent and further states that by
November 30, 2021 a report and recommendations shall be provided includ-
ing 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, recommenda-
              

tions 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 photo-
graph (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 gener-
ated 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, it saves victims the trauma of testifying
at a trial along with avoiding the trauma of being examined at a hospi-
tal; 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.

 
LEGISLATIVE HISTORY:

S.6889/A.9669 of 2011-2012 Reported to Senate Finance Committee.

S.1593-B/ A.9050 of 2013-2014 Passed Senate.

S.3630/A.2005 of 2015-2016 Referred to Social Services.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.