S3079B-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

S3079B-2011 Memo

BILL NUMBER:S3079B

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 THE 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:
New.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None until the state makes an appropriation to fund the specifics of
the legislation.

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

S3079B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3079--B
 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  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to  said  committee  --  recommitted  to  the  Committee on Finance in
 accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00951-04-1
 
       S. 3079--B                          2
 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
 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
 
       S. 3079--B                          3
 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
 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 temporary state commission on intimate partner violence may
 meet within and without the state, shall hold public hearings, and shall
 have all the powers of a legislative committee pursuant to the  legisla
 tive law.
 

S 5. The members of the temporary state commission on intimate partner
 violence  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 temporary state commission on
 intimate  partner violence 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 subdivision thereof as it  may  reasonably
 request  to  carry  out  properly its powers and duties pursuant to this
 act.
 

S 7. 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 8. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  three  years  and  one  day after such effective date;
 provided, however, that if upon such effective date, an appropriation to
 the office of mental health shall not have been made  for  reimbursement
 services for the purpose of implementing the provisions of sections two,
 three,  four,  five, six and seven of this act, then this act shall take
 effect on the forty-fifth day after such an appropriation is  made,  and
 provided,  further,  that  the  division  of the budget shall notify the
 legislative bill drafting commission on September 1, 2012  whether  such
 an appropriation has been made, and if such appropriation shall not have
 
       S. 3079--B                          4
 been made on or before such date, the division of the budget shall noti
 fy the legislative bill drafting commission upon the date such an appro
 priation shall have been made, in order that the commission may maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.

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