Establishes the temporary state commission on intimate partner violence, within the office for the prevention of domestic violence, to study, report on and make recommendations on the prevalence, causes, effects, risks and costs of such violence.

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S3079-2011 Actions

• Jun 15, 2012: PRINT NUMBER 3079D
• Jun 15, 2012: AMEND (T) AND RECOMMIT TO RULES
• May 24, 2012: PRINT NUMBER 3079C
• May 24, 2012: AMEND AND RECOMMIT TO RULES
• Mar 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 19, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2012: PRINT NUMBER 3079B
• Jan 5, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 4, 2012: REFERRED TO FINANCE
• Jun 17, 2011: PRINT NUMBER 3079A
• Jun 17, 2011: AMEND AND RECOMMIT TO FINANCE
• Feb 8, 2011: REFERRED TO FINANCE

S3079-2011 Memo

BILL NUMBER:S3079

TITLE OF BILL:
An act
to establish a temporary state commission, within the office of mental
health, to study intimate partner
violence; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a committee that will study the negative implication
of dating violence among our young teenage women, and will make
recommendations upon their findings.

SUMMARY OF SPECIFIC PROVISIONS:
Establishes the temporary state commission on intimate partner
violence to study, report and make recommendations on such violence.

The bill addresses the issue of dating violence among young women,
especially among teen and pre-teens. The alarming rate increase of
violence towards teenage girls is closely related to external factors
such as race, age, illiteracy and ethnicity. Moreover, incidents of
dating violence are associated with substance use, unhealthy weight
control, risky behavior (first intercourse before the age of fifteen
years).

The bill establishes a commission that 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 shall be issued two years after the effective
date of this act. And, a final report shall be issued within three
years after the effective date of this act, and shall submit with its
reports such legislative proposals as it deems necessary to implement
its recommendations.

JUSTIFICATION:
Each year 1.5 million women are physically and/or sexually abused by
an intimate partner, and 25% will experience Intimate Partner
Violence (IPV) at some time during their lifetimes.
Moreover, 25% of adolescent girls have experienced physical or sexual
dating violence.
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 IPV.

Research suggests that experience of physical dating violence among
teenagers and pre teenagers was associated with substance use;
unhealthy weight control, sexual risk behavior (first intercourse
before the age of fifteen years, not using a condom at last
intercourse, pregnancy, and suicidality (considered, attempted
suicide).


Furthermore, adolescents experiencing dating violence are at
significantly elevated risk 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, high school girls are found to be approximately more likely
than their non-abused peers to have ever been pregnant. In contrast,
younger girls are found to be at lower risk for experiences of dating
violence, this may be due to reduced opportunity for such
experiences. For example, both adolescent girls and adult women who
experienced forced sex are more likely to exhibit eating disorders;
also, violent childhood experiences catalyze the vulnerability to
become victims of IPV. Likewise, the humiliation of those who
experienced IPV may play a major role in predisposing teens to
suicidal ideation and behavior.

This legislation will direct New York State to study the causes of the
increasing rate of pre-teenage and teenage dating violence in New York
State, and report on the findings, conclusions and recommendations
periodically within a three year phase.

PRIOR LEGISLATIVE HISTORY:
2005-2006 - A.11110 - Committee on Children and Families
2007-2008 - A.6855 - Committee on Children and Families
2009-2010 - S.7935/A.8494 - Died in Senate Finance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately after enactment, with
provisions.

S3079-2011 Text

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

                                    3079

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 8, 2011
                                 ___________

  Introduced  by  Sen. HUNTLEY -- 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  of
    mental  health,  to study intimate partner violence; and providing for
    the repeal of such provisions upon expiration 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,
  laxative  use),  risky sexual behavior (first intercourse before the age

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00951-01-1

 S. 3079                             2

  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  of  mental  health,  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, with particular care, the impact of the existing  conditions  on
  intimate  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
  senate; 3 shall be appointed by the speaker of the assembly; 1 shall  be

 S. 3079                             3

  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 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  repre-
  sentative  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  appoint-
  ees.    Vacancies in the membership of the commission shall be filled in
  the manner provided for original appointments.
    S 4. The commission may meet within and without the state, shall  hold
  public  hearings, and shall have all the powers of a legislative commit-
  tee pursuant to the legislative law.
    S 5. The members of the commission shall receive no  compensation  for
  their services, but shall be allowed their actual and necessary expenses
  incurred in the performance of their duties pursuant to this act.
    S  6. To the maximum extent feasible, the commission shall be entitled
  to request and receive, and shall utilize  and  be  provided  with  such
  facilities,  resources  and  data  of  any  court, department, division,
  board, bureau, commission or agency of the state or any political subdi-
  vision thereof as it may reasonably request to carry  out  properly  its
  powers and duties pursuant to this act.
    S  7.  The  commission 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 implementation 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 recom-
  mendations.
    S  8.  This  act shall take effect immediately and shall expire and be
  deemed repealed three years and one day after such effective date.