NY State Senate Bill 2023-S4372A

Senate Bill S4372A

2023-2024 Legislative Session

Relates to domestic violence training for judges, court clerks and law enforcement officers

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Apr 26, 2023	print number 4372a
Apr 26, 2023	amend (t) and recommit to judiciary
Feb 07, 2023	referred to judiciary

Bill Amendments

Original

A (Active)

2023-S4372 - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §39-c, Judy L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8954
2021-2022: S4837

2023-S4372 - 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; requires law enforcement officers to complete ten hours of domestic violence training every two years.

2023-S4372 - Sponsor Memo

                                 
BILL NUMBER: S4372

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require certain judges and court clerks to take a training program
related to domestic violence.

 
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. Judges in criminal cases should be trained to recognize
psychological issues caused by domestic violence, and to take such
psychological issues into consideration when a defendant's criminal
behavior is partially motivated thereby.

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. 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:

2021-2022: S4837

2019-2020: S8954

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4372 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4372
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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, ECONOMIC, 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.
                                                            LBD07123-01-3

 S. 4372                             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.

co-Sponsors

2023-S4372A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §39-c, Judy L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8954
2021-2022: S4837

2023-S4372A (ACTIVE) - Summary

2023-S4372A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4372A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require certain judges, court clerks, and law enforcement officers to
take a training program related to domestic violence.

 
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 amends the executive law to require law enforcement officers
to attend a program developed by the Office for the Prevention of Domes-
tic Violence.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Many judges and law enforcement officers have outdated ideas about
domestic violence and lack a trauma informed lens in evaluating cases
they are called to or have before them. In fact, studies have shown that
these criminal justice actors often rely on judgments or biases that can
result in negative outcomes, such as custody being granted to an abusive
parent or leaving a child in increased risk post-separation. Therefore,
law enforcement officers and judges in criminal cases should be trained
to recognize psychological issues caused by domestic violence, and to
take such psychological issues into consideration when a defendant's
criminal behavior is partially motivated thereby.

This bill codifies the requirement that law enforcement officers and
every judge and justice who handles matrimonial, family court, and crim-
inal 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. By participating in such
training, these law enforcement officers, 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:

2021-2022: S4837

2019-2020: S8954

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4372A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4372--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to the Committee on Judiciary -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the judiciary law and the executive law, in relation  to
   domestic  violence  training for judges, court clerks and law enforce-
   ment officers
 
   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, ECONOMIC, 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07123-03-3
 S. 4372--A                          2

 
   (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;
   (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 AND DELIVERED IN  COOR-
 DINATION  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
 THE OFFICE FOR THE PREVENTION OF 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. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 24 to read as follows:
   24.  REQUIRE  THAT  LAW  ENFORCEMENT OFFICERS SHALL ATTEND FOR NO LESS
 THAN TEN HOURS EVERY TWO YEARS, A PROGRAM OR PROGRAMS DEVELOPED  BY  THE
 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AND APPROVED BY THE DIVI-
 SION ADDRESSING ISSUES RELATING TO DOMESTIC VIOLENCE.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.